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Maldives - Compensation & Benefit Legislation

CAPITAL

Male

 

CLIMATE

Tropical climate; hot and humid with a dry, northeast monsoon (November to March) and rainy, southwest monsoon (June to August).

 

LANGUAGES

Maldivian Dhivehi (dialect of Sinhala, script derived from Arabic), English spoken by most government officials.

 

LEGAL SYSTEM

Maldives legal system is based on Islamic law with admixtures of English common law primarily in commercial matters. Maldives has not accepted compulsory ICJ jurisdiction.

 

CURRENCY

Maldivian Rufiyaa (1 USD = 11.77000 MVR as of March 15, 2002).

 

MALDIVES - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

MALDIVES - EMBASSY/CONSULATES

The United States does not have an embassy in Maldives. The US Ambassador to Sri Lanka is accredited to Maldives and makes periodic visits there. Maldives does not have an embassy in the US, but does have a Permanent Mission to the United Nations in New York.

 

Maldives Mission to the U.N. in New York

820 Second Avenue

Suite 800C

New York, NY 10017

Telephone: (212) 599-6195

http://www.undp.org/missions/maldives/

 

MALDIVES - HOLIDAYS

 

MALDIVES - MINIMUM AGE

The law bars children under 14 years of age from "places of waged work and from work that is not suitable for that child's age, health, or physical ability or that might obstruct the education or adversely affect the mentality or behavior of the child." The law also prohibits government employment of children under the age of 16.

 

(Section 6.d. Acceptable Conditions of Work, Maldives – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

MALDIVES - MINIMUM REMUNERATION

There is no national minimum wage for the private sector, although the Government has established wage floors for certain kinds of work such as government employment, which provides a decent standard of living for a worker and family. Given the severe shortage of labor, employers must offer competitive pay and conditions to attract skilled workers.

 

(Section 6.e. Acceptable Conditions of Work, Maldives – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

MALDIVES - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

MALDIVES - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)

Section 6 Worker Rights

 

a. The Right of Association

 

While the Government does not expressly prohibit unions, it recognizes neither the right to form them nor the right to strike. There were no reports of efforts to form unions or of strikes during the year. However, small groups of similarly employed workers with mutual interests (for example fishermen) have formed associations, which include employers as well as employees. These associations may address a variety of issues, including workers' rights.

 

The work force consists of between 70,000 and 75,000 persons, including expatriate labor and seasonal and part-time workers. The approximately 27,000 foreigners who work in the country make up almost half of the workers in the formal sector; most are employed in hotels, the retail and wholesale trade, factories, or on construction projects. The Government employs approximately 22,000 persons, both permanent and temporary. It estimates that the manufacturing sector employs approximately 15 percent of the labor force and tourism another 10 percent.

 

Although workers can affiliate with international labor federations, this generally has not been the case. However, it is believed some seamen have joined such federations.

 

In 1995 the U.S. Government suspended the country's eligibility for tariff preferences under the U.S. Generalized System of Preferences because the Government failed to take steps to afford internationally recognized worker rights to workers.

 

b. The Right to Organize and Bargain Collectively

 

The law neither prohibits nor protects workers' rights to organize and bargain collectively. Wages in the private sector are set by contract between employers and employees and are usually based on the rates for similar work in the public sector. There are no laws specifically prohibiting antiunion discrimination by employers against union members or organizers.

 

There are no export processing zones.

 

c. Prohibition of Forced or Compulsory Labor

 

The law does not prohibit forced or compulsory labor; however, there were no reports that such practices occurred. The Government does not specifically prohibit forced and bonded labor by children; however, there were no reports that such practices occurred.

 

d. Status of Child Labor Practices and Minimum Age for Employment

 

There is no compulsory education law, but almost 98 percent of school-age children to grade 7 are enrolled in school (see Section 5). The law bars children under 14 years of age from "places of waged work and from work that is not suitable for that child's age, health, or physical ability or that might obstruct the education or adversely affect the mentality or behavior of the child." The law also prohibits government employment of children under the age of 16. There are no reports of children being employed in the small industrial sector, although children work in family fishing, agricultural, and commercial activities. The hours of work of young workers are not limited specifically by statute. The Government does not prohibit specifically forced and bonded labor by children; however, there were no reports that such practices occurred. A Unit for Children's Rights in the Ministry of Women's Affairs and Social Welfare is responsible only for monitoring compliance with the child labor regulations, not enforcement.

 

e. Acceptable Conditions of Work

 

The regulations for employee relations specify the terms that must be incorporated into employment contracts and address such issues as training, work hours, safety, remuneration, leave, fines, and termination. There is no national minimum wage for the private sector, although the Government has established wage floors for certain kinds of work such as government employment, which provides a decent standard of living for a worker and family. Given the severe shortage of labor, employers must offer competitive pay and conditions to attract skilled workers.

 

There are no statutory provisions for hours of work, but the regulations require that a work contract specify the normal work and overtime hours on a weekly or monthly basis. In the public sector, a 7 hour day and a 5 day workweek have been established through administrative circulars from the President's office. Overtime pay in the public sector was instituted in 1990. There are no laws governing health and safety conditions. There are regulatory requirements that employers provide a safe working environment and ensure the observance of safety measures. It is unclear whether workers can remove themselves from unsafe working conditions without risking the loss of their jobs. The Ministry of Trade, Industries, and Labour has a Labour Dispute Settlement Unit to resolve wage and labor disputes and to visit worksites and enforce labor regulations.

 

With the help of the ILO, two draft labor laws were prepared in 1998: One to address issues such as the right of association, the right to organize, and acceptable work conditions related to health, environment, employer-employee relations, leave, and termination, and the other to deal with social security, pensions, and provident funds. These laws had not been enacted by year's end.

 

f. Trafficking in Persons

 

The law does not prohibit trafficking in persons; however, there were no reports that persons were trafficked to, from, or within the country. The Attorney General's Office believes that should a case arise, it could be addressed under Shari'a.

 

MALDIVES - STANDARD WORKWEEK

There are no statutory provisions for hours of work, but the regulations require that a work contract specify the normal work and overtime hours on a weekly or monthly basis.

 

In the public sector, a 7 hour day and a 5 day workweek have been established through administrative circulars from the President's office. Overtime pay in the public sector was instituted in 1990.

 

(Section 6.e. Acceptable Conditions of Work, Maldives – Report of Human Rights Practices, 2001, U.S. Department of State.)