In recent years, the role of women in the Sri Lankan workforce has gained significant attention, prompting businesses to reassess their policies and practices. Corporate law firms in Sri Lanka have been at the forefront of advising companies on the legal landscape surrounding women's rights in the workplace. This article explores the key laws and regulations that Sri Lankan companies must be aware of to ensure fair treatment and equal opportunities for women in their workforce.

The constitutional foundation
The Constitution of Sri Lanka provides the fundamental framework for equality and non-discrimination. Article 12 of the Constitution guarantees equal rights and opportunities to all citizens, regardless of gender. This constitutional provision serves as the bedrock for all legislation and policies aimed at protecting women's rights in the workplace.

Key Legislation Protecting Women's Rights
1. Shop and Office Employees Act No. 19 of 1954: This Act is crucial for regulating working conditions in shops and offices. It contains specific provisions for women employees, including:
• Limiting working hours for women to 8 hours per day and 48 hours per week.
• Prohibiting the employment of women between 8 PM and 6 AM without their consent.
• Mandating separate restroom facilities for women.

2. Maternity Benefits Ordinance No. 32 of 1939: This landmark legislation safeguards the rights of working mothers. Key provisions include:
• 84 working days of paid maternity leave for the first two children, and 42 days for subsequent children.
• Prohibition of termination due to pregnancy or maternity-related reasons.
• Nursing intervals for breastfeeding mothers.

3. Equal Remuneration Act No. 19 of 1993: This Act aims to eliminate gender-based wage discrimination by:
• Ensuring equal pay for equal work, regardless of gender
• Prohibiting discrimination in recruitment, promotion, and training based on gender

4. Prevention of Sexual Harassment Act No. 16 of 2021: Recently enacted, this law addresses the critical issue of sexual harassment in the workplace by:
• Defining sexual harassment and establishing it as a criminal offense
• Mandating employers to implement policies and procedures to prevent and address sexual harassment
• Establishing complaint mechanisms and penalties for offenders

Implementing workplace policies
To comply with these laws and create a supportive environment for women, companies in Sri Lanka should consider the following measures:
• Non-discrimination policies: Develop and implement comprehensive policies that prohibit gender-based discrimination in all aspects of employment, including hiring, promotion, and compensation.
• Maternity leave and benefits: Ensure that maternity leave policies are in line with the Maternity Benefits Ordinance and consider offering additional support such as flexible working hours for new mothers.
• Sexual harassment prevention: Create a zero-tolerance policy for sexual harassment, conduct regular training sessions, and establish clear reporting and investigation procedures.
• Equal pay audits: Regularly review compensation structures to ensure compliance with the Equal Remuneration Act and address any gender pay gaps.
• Work-life balance initiatives: Implement flexible working arrangements and family-friendly policies to support women in balancing their professional and personal responsibilities.
• Career development programs: Offer mentorship and leadership development programs specifically designed to support women's career advancement.

Challenges and future directions
Despite the existence of these laws and regulations, challenges remain in their implementation and enforcement. Business lawyers in Sri Lanka often advise companies on navigating these complexities and ensuring compliance. Some ongoing challenges include:
• Informal sector workers: Many women in Sri Lanka work in the informal sector, where legal protections are harder to enforce.
• Cultural barriers: Traditional gender roles and societal expectations can hinder women's career advancement and participation in certain industries.
• Awareness and education: Both employers and employees may lack full awareness of women's rights in the workplace, necessitating ongoing education efforts.
• Enforcement mechanisms: Strengthening the capacity of labour inspectorates and other enforcement agencies is crucial for ensuring compliance with existing laws.

To address these challenges, the government, private sector, and civil society organisations are working together to:
• Expand legal protections to informal sector workers.
• Conduct awareness campaigns on women's workplace rights.
• Strengthen enforcement mechanisms and penalties for non-compliance.
• Promote women's leadership and representation in decision-making roles.

The role of legal professionals
Law firms in Sri Lanka play a crucial role in helping companies navigate the complex legal landscape surrounding women's rights in the workplace. These firms offer services such as:
• Conducting legal audits to assess compliance with existing laws and regulations.
• Drafting and reviewing company policies to ensure they meet legal requirements.
• Providing training on sexual harassment prevention and gender equality.
• Representing companies in labour disputes and litigation related to women's rights.

Corporate lawyers in Sri Lanka are increasingly specialising in gender equality and workplace rights, reflecting the growing importance of this area in the business world.

As Sri Lanka continues to progress towards gender equality in the workplace, companies must stay informed about the laws and regulations protecting women's rights. By implementing comprehensive policies, fostering a culture of equality, and seeking expert legal advice when needed, businesses can create a more inclusive and productive work environment for all employees.

The journey towards full workplace equality for women in Sri Lanka is ongoing, but with the right legal framework, corporate commitment, and societal support, significant progress can be achieved. As companies strive to comply with existing laws and embrace best practices, they not only fulfil their legal obligations but also position themselves as attractive employers in an increasingly competitive talent market.

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