The Computer Society of Sri Lanka (CSSL), which was established in 1976, represents information communications technology (ICT) professionals in Sri Lanka. It promotes ICT and professionalism among those engaged in the field of ICT and maintains the highest professional standards among the ICT fraternity.
The bilateral agreements that the government is planning to sign with many countries including India, have been a discussion point for everyone involved in this industry. The CSSL, as the professional association in this sector, has taken a keen interest in this. It has conducted forums, discussions and studies on this matter and is in dialogue with all relevant stakeholders.
After consulting the industry as well as the CSSL members, it has prepared the following as its high-level proposals or regulatory changes to govern the ICT professional environment in Sri Lanka in the context of bilateral agreements.
The CSSL expects the government to take these proposals seriously and is ready to extend its support in getting the necessary changes implemented, for the benefit of the industry and the country at large.
- Foreign nationals who come to Sri Lanka to work in the IT industry need to be checked for their qualifications and experience. The 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 Economic and Technology Cooperative Agreement (ETCA) is signed so that any foreign national coming to Sri Lanka is checked professionally in terms of skills, certifications and qualifications.
- The foreign national will have to get the CSSL membership, which will be one document required to issue a visa. When giving the CSSL membership, we will verify the quality of the qualification and the work experience. The CSSL already does that for its membership.
To issue a work visa for 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 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.
- A work visa has to always be bound to a company incorporated in Sri Lanka, i.e., the visa should be company specific.
- 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 would not object to bringing in foreign experts, if that skill or knowledge were not available in Sri Lanka. Checking skills of persons in the IT industry is a capability that the CSSL has with the SFIA (Skills for the Information Age) framework. Checking if the skills in demand are not found locally and whether the person who is coming from overseas has that skill is an important cross validation.
- 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 the locals should also directly benefit in terms of new employment opportunities.
- 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 the CSSL’s accreditation body (appointed under Point 1 above), so that the salary standards are maintained in Sri Lanka. For this purpose, the CSSL will run an annual salary survey. Where a trend of decreasing salary levels is identified, the CSSL will work with the relevant company to rectify the situation.
- There should be a penalty introduced if a company declares a higher salary in the offer letter but pays lower salary in reality. The Inland Revenue Department should be empowered to regulate this.
- Manpower companies from foreign countries should not be allowed to enter into Sri Lanka through the ETCA or Board of Investment (BOI) processes. This is proposed with the hope of preventing misuse and abuse of the ETCA.
- Visa validity period should be predefined to a reasonable duration, extendable with valid reasons for another predefined period.
- 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 work visa is offered in Sri Lanka. This break period also should be regulated with laws.
- Tourist visa holders should not be allowed to work in Sri Lanka. The Immigration Department will have to ensure compliance.
- A foreign company that comes to Sri Lanka under the ETCA should have a certain number of employees in its payroll in its own country. This is to avoid freelancers coming in high numbers to Sri Lanka and killing the local freelance/start-up economy.
- 3Dependent 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 be abusing the visa. It is however possible that the family may also find employment in accordance with the ETCA.
- Companies that setup research and development (R&D) units in Sri Lanka should be supported with special tax benefits to attract them.
