5,400 Resort Staff Petition Exclusion From Employment Act

By Olivia Lang in Malé
July 3, 2008

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Over 5,000 employees at Maldivian tourist resorts have petitioned the human rights commission (HRCM) to protest over their exclusion from new entitlements under the employment act, due to come into effect this month.

HRCM president Ahmed Saleem said on Tuesday the commission was concerned that workers in the industry will not gain the basic rights enshrined in the new law, following the complaints.

He has now called upon the People’s Majlis (parliament) to amend the legislation, after seven representatives handed over a petition with more than 5,000 signatures at a meeting on Tuesday.

The act sets out new rights for workers in Maldives, with provisions for a minimum wage and maximum working hours set out in legislation for the first time.

But the law, ratified last month by the president, excluded employees of resorts, despite the country’s reliance on the lucrative tourism industry.

This means staff of around 90 resorts will lack basic entitlements such as employment contracts, job descriptions, protection from unfair dismissal, a minimum wage, various forms of leave, and payment for overtime.

Following media reports, information minister Mohamed Nasheed said the exemption was a “mistake” and would be corrected by amending legislation.

Describing the error as “a serious oversight upon which ratification of the bill could have been reconsidered,” Nasheed said an amending bill – which will also provide a procedure for appointing, regulating and dismissing workers – is now being prepared

The HRCM has also discussed working conditions with the sector, and highlighted common problems including discrimination between expatriate and local employees, a lack of job security, and poor salaries.

Complaints from resort staff emerge frequently in Maldives, where tourism employs over 25,000, about half of them expatriates.

An April report by the tourism ministry found freedom, food, sports and accommodation were top priorities for resort workers.

Around 70 staff at Diva Island Resort went on strike last month after three of their employees were fired when they petitioned over conditions.

Saying food, salaries and accommodation were all inadequate, one member of staff said six employees shared a room measuring only 12 ft by 10 ft.

The employment bill also excludes workers at factories on uninhabited islands. Maldives has several factories in areas such as fish canning, including on Lhaviyani atoll Felivaru, Kaafu atoll Thilafushi and Gaaf Alif atoll Koodoo.

Ratified on May 26, the act will come into effect in July. It was first presented to the People’s Majlis (parliament) on 13 July 2006, and progressed to committee stage on 29 August 2006.

The bill sets new rights and responsibilities for workers, based on the fundamental principles of the International Labour Organisation (ILO), according to the President. Maldives has now begun proceedings to gain ILO membership.