STRABAG AG vs. Commissioner General of Labour and Others – sllr 2020 volume 1 page 074

In the case between STRABAG AG and the Commissioner General of Labour and Others, the court addressed whether the Employees’ Provident Fund (EPF) Act applies to a contract of employment containing a governing law clause stipulating Austrian law, particularly when the contract involves foreign nationals employed in Sri Lanka. It was held that the EPF Act constitutes mandatory statutory law and applies irrespective of contractual choice of foreign governing law, reaffirming that statutory employment protections cannot be waived by agreement between parties. The decision relied on conflict of laws principles and relevant statutory interpretations, emphasizing that statutory benefits under the EPF Act are territorially applicable and cannot be contractually excluded or waived, thereby upholdin