Sufficiency of Employment Maternity Benefits Law in Sri Lanka: comparative study with European Union Discrimination Law

Abstract

The protection of the motherhood, fatherhood and family life is priority for many national governments. Yet, pregnancy and maternity related discrimination occurs across Sri Lanka in many areas in the Employment and it is common to many countries and regions in the world including the European Union. Over the last two decades one of the main aim of EU law has been the protection of pregnancy, maternity and parenthood of employment. To achieve this purpose EU has been introduced complex array of Primary legislations (Treaty provisions) and secondary Legislations (Directives and Case Law) to EU Law. Sri Lanka mainly enacted Maternity Benefit Ordinance No 32 of 1939 to make provisions for the payment maternity benefits to women workers before and after their confinement. The original ordinance was amended many times during the history for the betterment of employees. The main objective of the research paper is to analyse on five main headings about the sufficiency of Employment Maternity Benefits Law in Sri Lanka reference to EU discrimination law. Therefore based on those main grounds this paper analysed the sufficiency of provisions and good practices of EU law by comparing mainly the Council Directive 92/85/EEC of 19th October 1992 and Case Law of European Court of Justice with Sri Lankan Maternity Benefit Ordinance No 32 of 1939. Protection of health and well-being of mothers and their babies and safeguard women?s employment and income security during the maternity is essential for ensuring women?s access to equal opportunities of the Economy. Comparatively the provisions of Maternity Benefit Ordinance No 32 of 1939 and relevant amendments are not sufficient to address the main five grounds analysed by the paper. It is hardly to ascertained single internal standard on jurisprudence relating to maternity benefits in Sri Lanka, which can be lead to internal conflicts of Law.