Types of employment

Types of employment have significant consequences in law since it is used as a tool in determining the obligations owed by the employers towards their employees. In Sri Lanka following types of employment are largely speaking of.

1) Probationers

 A Probationer is an employee who enters into a contract of employment with the employer. The sole purpose of having a probationary period is to ascertain and evaluate the capability and capacity of the employee. Most often contract itself contains a provision for the extension of the probationary period.

 2)     Apprentice

 An Apprentice cannot be considered as a workman or an employee. Thus there is no contract of service between an employer and employee. An Apprentice is merely acquiring the knowledge of he/she is interested in and an employer merely undertakes to train him.

 However some statutes including Industrial Dispute Act, EPF Act and Termination of Employment Act, have brought in an Apprentice within the definition of a workman.

 3)     Fixed Term Contract

 Employee under a Fixed Term Contract is a person who is employed by the employer for a specified period of time and at the end of the said period contract is considered to be expired.

Does a Contract of Employment stand alone?

 To regulate this relationship between the parties, they usually enter into a contract of employment. This contract involves reciprocal obligations. In practical point of view bargaining power of the employer is in a higher state compared to the employee. Thus this has made the contract of employment a good deal rather than a contract. Therefore Legislature was compelled to interfere with, in many ways, in the freedom of contract in employment contracts due to inequity of bargaining powers. Nevertheless today whatever may the terms and conditions of employment agreed upon between the employer and the employee, they are all, where applicable, subject to the awards of labour courts and Arbitrators as well as to statutory provisions

 4)     Casual Employees

 A Casual Employee is a person who is engaged in a particular job. In other words casual employees are engaged in work only when the work is available and cannot demand work from the employer.

 5)     Seasonal Employment

 A person is engaged in a Seasonal Employment only for a particular season. Further not obliged in law to re-employ such worker.