STRABAG AG

VS.

COMMISSIONER GENERAL OF LABOUR AND OTHERS

COURT OF APPEAL
J. DE SILVA, J.
CA/WRIT/63/2017
AUGUST 29, NOVEMBER 21, 2018

Writ of certiorari-Employees' Provident Fund Act, No. 15 of 1958, sections 8(1) and (3), 10(2)-Goveming law clause in employment agreements-Applicability of EPF Act to foreign nationals employed in Sri Lanka-Waiver of the application of the EPF Act-Mandatory nature of the EPF Act

The petitioner employer employed the 4th respondent employee as the Project Manager in a project in Kataragama, which the former undertook pursuant to a Contract Agreement with the Government of Sri Lanka. Both the employer and employee are foreign nationals. The contract of employment between them contained the following choice of law clause:

Insofar as a matter is not specifically regulated in this contract, the Contract of Employment as per the Austrian Civil Code shall be used in addition. Austrian public labour, social and collective bargaining law, including the 'Betriebsverfassungsgesetz' (Industrial Constitution Law) are not applicable on principle.

The petitioner contended that this governing law clause has the effect of preventing the