Understanding Industrial Law in Maldives

Industrial law, also known as labor law, is a set of legal rules and regulations that govern the relationship between employers and employees. In Maldives, industrial law is governed by the Employment Act of 2008, which outlines the rights and responsibilities of both employers and employees.

Overview of Industrial Law in Maldives

The Employment Act of 2008 is the main legislation governing industrial law in Maldives. The Act applies to all employees in the country, including foreign workers, and covers a range of issues related to employment, such as recruitment, working hours, wages, and termination of employment.

The Ministry of Economic Development and the Employment Tribunal are responsible for enforcing industrial law in Maldives. The Employment Tribunal has the power to hear and decide on disputes between employers and employees, and to issue orders and penalties to ensure compliance with the Employment Act.

Key Provisions of Industrial Law in Maldives

Working Hours

The Employment Act of 2008 stipulates that the maximum working hours per day are eight hours, and the maximum working hours per week are 48 hours. Any additional hours worked beyond this must be paid at a higher rate, known as overtime.

Wages

Employers in Maldives must pay employees the minimum wage set by the government, which is currently MVR 6,400 per month. Employers are also required to provide employees with annual leave, sick leave, and other types of leave as stipulated in the Employment Act.

Discrimination

Discrimination in the workplace is strictly prohibited under the Employment Act of 2008. Employers are not allowed to discriminate against employees based on gender, religion, race, or any other characteristic protected under the law.

Termination of Employment

Employers in Maldives must follow specific procedures when terminating the employment of an employee. Employers must provide written notice to the employee and must provide a valid reason for the termination. In cases of dismissal, the employee has the right to appeal the decision to the Employment Tribunal.

Collective Bargaining

The Employment Act of 2008 allows for the formation of trade unions and the right to collective bargaining. Employees have the right to join a trade union, and employers are required to engage in collective bargaining with employees represented by a union.

Enforcement of Industrial Law in Maldives

The Ministry of Economic Development is responsible for enforcing industrial law in Maldives, including the Employment Act of 2008. The Ministry is tasked with ensuring that employers comply with the provisions of the Act and can take legal action against employers who violate the law.

The Employment Tribunal also plays a crucial role in enforcing industrial law in Maldives. The Tribunal has the power to hear and decide on disputes between employers and employees and to issue orders and penalties to ensure compliance with the Employment Act.

Conclusion

Industrial law is an essential component of the legal framework governing the relationship between employers and employees in Maldives. The Employment Act of 2008 outlines the rights and responsibilities of both employers and employees and provides a framework for resolving disputes between the two parties. Employers in Maldives must comply with the provisions of the Employment Act and are subject to legal action if they violate the law. Employees in Maldives also have the right to seek legal recourse if they feel their rights have been violated under industrial law. Overall, the Employment Act of 2008 helps to ensure a fair and equitable working environment for all employees in Maldives.