The Employment Act of the Maldives (Law no. 2/2008) provides the legal framework for the termination of an employee's employment. The Act outlines several grounds for lawful dismissal, including serious misconduct, persistently unsatisfactory performance, redundancy, mutual agreement, and the expiry of a fixed-term contract.

Grounds for Dismissal

• Misconduct: Serious misconduct includes dishonesty, willful disobedience, insubordination, habitual neglect of duties, being under the influence of drugs or alcohol during work hours, or causing damage to employer property.
• Poor Performance: Persistently unsatisfactory performance despite warnings and opportunities for improvement.
• Redundancy: The employer can dismiss an employee if the role becomes unnecessary due to economic reasons, restructuring, or the business ceasing operations.
• Mutual Agreement: Employer and employee can mutually agree to terminate the contract.
• Expiry of Fixed-Term Contract: Employment ends automatically upon the expiry of a fixed-term contract, unless renewed.

Notice Requirements

The Employment Act specifies the following minimum notice periods:

• Employment for more than six months but less than a year: Two weeks' notice.
• Employment for more than one year but less than five years: One month's notice.
• Employment for more than five years: Two month's notice.

An employer can choose to provide longer notice periods or pay in lieu of notice.

Severance Pay

The Maldives' Employment Act generally does not mandate severance pay. However, in these situations, severance might become applicable:

• Redundancy: If an employee is dismissed due to redundancy, the employer may negotiate a severance package, though this is not legally required.
• Constructive Dismissal: This is when an employee resigns due to the employer's significant breach of contract terms. Severance may be due in such cases.

Important Considerations

• Contractual Terms: The employment contract may specify additional grounds for termination, notice periods, or severance arrangements that exceed the legal minimums.
• Termination without Notice: In cases of serious misconduct, an employer may terminate employment without notice, but must provide payment for the notice period.

In the Maldives, several key pieces of legislation and constitutional provisions address discrimination. These include the Constitution of the Maldives (2008), the Employment Act (2008), and the Gender Equality Act (2016).

Key Anti-Discrimination Legislation

The Constitution of the Maldives (2008) guarantees equality before the law and prohibits discrimination on a range of grounds.

Employment Act (2008) prohibits discrimination in the workplace, ensuring equal opportunity and treatment in employment matters.

Gender Equality Act (2016) specifically aims to eliminate gender-based discrimination and promote gender equality in various aspects of life.

Protected Characteristics

Anti-discrimination laws in the Maldives generally protect individuals against discrimination based on the following:

• Race
• Color
• Nationality
• Sex
• Religion
• Creed
• Political belief
• Disability
• Age
• Marital Status

Redress Mechanisms

Individuals experiencing discrimination in the Maldives have the following avenues for seeking redress:

• Workplace Complaints: For employment-related discrimination, individuals can file a complaint with the employer per their procedures, or seek assistance from the Labour Relations Authority (LRA).

• Human Rights Commission of the Maldives (HRCM): The HRCM is an independent body that investigates human rights violations, including discrimination.

• Civil Courts: Individuals can file a civil lawsuit for compensation in cases of discrimination.

Employer Responsibilities

Employers in the Maldives play a vital role in upholding anti-discrimination principles:

• Anti-Discrimination Policy: Employers should adopt a zero-tolerance policy against discrimination, clearly outlining prohibited behaviors.
• Fair Practices: Employers should ensure fair and non-discriminatory processes in recruitment and hiring.
• Training and Awareness: Employers should educate staff on the company's non-discrimination policy and on Maldives' anti-discrimination legislation.
• Complaint Handling: Employers should establish a clear, accessible grievance procedure to address and investigate discrimination complaints promptly.

The Maldives, a picturesque island nation renowned for its luxury resorts, also maintains a set of labor standards to ensure fair treatment of workers. This includes specifics on working hours, rest periods, and ergonomic requirements in the Maldivian work environment.

Working Hours

The standard workweek in the Maldives is 48 hours, which translates to eight hours per day from Sunday to Thursday. Friday, the Islamic holy day, is a mandated day of rest for most employees. In some cases, Saturdays may also be observed as a rest day, but this is not a universal practice.

Rest Periods

Maldivian workers are entitled to legally mandated breaks during their workday. The specifics may vary depending on the employer and industry, but breaks are generally provided.

Annual Leave

Employees who have completed a year of service are entitled to 30 days of paid annual leave.

Public Holidays

In addition to annual leave, Maldivian workers receive nine paid public holidays throughout the year. It's worth noting that during religious holidays like Eid and Ramadan, business hours may be adjusted to accommodate prayer times.

Ergonomic Requirements

While there isn't readily available information on specific regulations regarding ergonomics in the Maldives, it's generally expected that employers provide a safe and healthy work environment. This may include ensuring proper workstation setup to minimize musculoskeletal strain, particularly for jobs requiring prolonged sitting or repetitive motions.

In the Maldives, worker well-being is a priority, with established health and safety regulations in place. These regulations are designed to empower both employers and employees to create a safe and secure work environment.

Employer Obligations

Outlined in the Maldivian Employment Act and the Occupational Safety and Health Act (OSHA) of 2023 are the obligations of employers regarding workplace safety. Key points include:

• Risk Assessment and Mitigation: Employers are required to identify potential hazards in the workplace and implement measures to minimize or eliminate risks.
• Provision of Safe Work Environment: Employers are tasked with providing a workplace that is free from hazards and ensures the safety and health of employees. This includes proper ventilation, lighting, and sanitation facilities.
• Training and Personal Protective Equipment (PPE): It is the duty of employers to train employees on safety procedures and provide necessary PPE based on the specific job role.
• Accident Reporting and Investigation: Employers must establish procedures for reporting and investigating workplace accidents and injuries.

Employee Rights

Employees also have a role to play in workplace safety:

• Right to a Safe Workplace: Employees have the right to work in an environment free from foreseeable hazards.
• Right to Training: Employees have the right to receive training on health and safety procedures relevant to their job function.
• Right to Report Unsafe Conditions: Employees have the right to report unsafe work conditions to their employer or relevant authorities without fear of retaliation.

Enforcement Agencies

The Ministry of Economic Development is responsible for overseeing workplace safety regulations in the Maldives. They may conduct inspections and impose fines on employers who fail to comply with the regulations.