Proposals to govern IT professional environment in SL in the context of bilateral agreements

By Computer Society 

of Sri Lanka

The Computer Society of Sri Lanka (CSSL), which was established in 1976, represents Information Communications Technology (ICT) Professionals in Sri Lanka. It promotes Information and Communication Technology and professionalism among those engaged in the field of Information and Communication Technology, and maintains the highest professional standards among the Information and Communication Technology fraternity.

The bilateral agreements that the Government is planning to sign with many countries including India have been discussion points for everyone involved in this industry. CSSL as the professional association in this sector has taken a keen interest in this. We have conducted forums, discussions and studies on this matter and are in discussion with all relevant stakeholders.

After the industry as well as CSSL member consultation, we have prepared the following as our high level proposals or Regulatory Changes to Govern the ICT Professional Environment in Sri Lanka in the Context of Bilateral Agreements.

We expect the Government to take these proposals seriously and offer CSSL support in getting the necessary changes implemented for the benefit of our industry and the country at large.

1.Foreign nationals who come to Sri Lanka to work in the IT industry need to be checked for their qualifications and experience. The Computer Society of Sri Lanka (CSSL) is the body that does that at the moment. We urge the Government to enact the incorporation of the CSSL under an Act of Parliament before the ETCA is signed so that any foreign national coming to Sri Lanka is checked professionally in terms of skills, certifications and qualifications.

2. The foreign national will have to get CSSL membership, which will be one document required to issue a visa. When issuing CSSL membership, we will verify the quality of the qualification and the work experience. CSSL already does that for its membership.  

3. To issue a work visa to a foreign national, he needs to have an offer letter from a company incorporated in Sri Lanka. The visa must be connected to that company (based on the offer letter) and in the event the person leaves that company, the person must not be allowed to remain in Sri Lanka thereafter, and has to go back to the person’s own country.

4. A work visa has to always be bound to a company incorporated in Sri Lanka i.e. the visa should be company-specific.

5.Before foreign nationals are recruited, a company must have tried that recruitment locally. Together with the offer letter, evidence has to be submitted to the Immigration and Emigration Department such as local job advertisements and details/contacts of interviewees/process. This has to be legally enacted. We will not object to bringing in foreign experts if that skill or knowledge is not available in Sri Lanka. Checking the skills of persons in the IT industry is a capability that CSSL has with the SFIA framework (Skills for the Information Age). Checking if the skills in demand is not found locally and whether the person who is coming from overseas has that skill is an important cross validation.

6.Sri Lankan employee percentage in any company should be maintained at high levels and to achieve this a minimum level of Sri Lankan employment in any company has to be defined and regulated. We welcome the creation of new companies with foreign investment. However, we stress that locals should also directly benefit in terms of new employment opportunities.

7. The salary paid to a foreign national has to be declared to the Inland Revenue Department for which PAYEE tax must be paid, and also declared to CSSL’s accreditation body (appointed under Point 1 above), so that salary standards are maintained in Sri Lanka. For this purpose, CSSL will run an annual salary survey. Where a trend of decreasing salary levels is identified, CSSL will work with the relevant company to rectify the situation.

8. There should be a penalty introduced if a company declares a higher salary in the offer letter but pays a lower salary in reality. The Inland Revenue Department should be empowered to regulate this.

9.Manpower companies from foreign countries should not be allowed to enter Sri Lanka through ETCA or BOI processes. This is proposed with the hope of preventing the misuse and abuse of the ETCA.

10.The visa validity period should be predefined to a reasonable duration, extendable with valid reasons for another predefined period. 

11. After completing the predefined duration and extended predefined period of working in Sri Lanka, the foreign national has to have a break of a certain period before another working visa is offered in Sri Lanka. This break period also should be regulated by law.

12. Tourist visa-holders should not be allowed to work in Sri Lanka. The immigration department will have to ensure compliance.

13. A foreign company that comes to Sri Lanka under ETCA should have a certain number of employees in their payroll in their own country. This is to avoid freelancers coming in high numbers to Sri Lanka and killing the local freelance or startup economy.

14.Dependent visas must be offered to immediate family only and working must be prohibited for them. They are most welcome to join their immediate family here but should not abuse the visa.  It is possible however that a family may also find employment in accordance with  ETCA.

15. Companies that set up Research and Development (R&D) units in Sri Lanka should be supported with special tax benefits to attract them.

The Computer Society of Sri Lanka (CSSL) urges the Government to take these proposals positively and work with relevant government agencies to initiate regulatory changes as well as take these points into consideration during bilateral agreement discussions.