Employment Act English With Updated Amendments Mhrys-Books Pdf

Employment Act English with updated amendments mhrys
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Act No 2 2008 Employment Act English Translation, and does not include services or labour performed of his own volition. by any person The following are exempted from such definition. i Labour carried out by or services obtained from a person under. the control and supervision of the relevant State authority in. pursuance of a court judgement or, ii Labour or services obtained to the extent deemed reasonable in. instances of emergencies which may pose risk to the life or well. being of the entire populace or a section of the population. Non discrimination 4 a It is prohibited to discriminate amongst persons carrying out equal. work either in the granting of employment determination of. remuneration increase in remuneration provision of training. determination of conditions and manner of employment dismissal from. employment or resolution of other employment related matters based. on race colour social standing religion political beliefs or affiliation. with any political party sex marital status family obligations and in so. far as it does not contravene the provision provisions herein age or. disability, b The implementation of any principles activities or programmes with. the objective of assisting those persons disadvantaged against for any of. the reasons specified in sub section a or socially disadvantaged. persons shall not be deemed as discrimination amongst employees. carrying out equal work, c Sub section a does not prevent the taking into consideration of. matters such as educational qualifications required for employment. aptitude experience and such other matters directly related to. employment, d Where a complaint is lodged against an employer alleging.
contravention of sub section a the onus is on the employer to show. that there has been no discrimination or that any discrimination is. based on reasonable cause and does not contravene sub section a. e Any preference given to Maldivians by an employer in granting. employment shall not be deemed discrimination as provided herein. Act No 2 2008 Employment Act English Translation, Contravention of basic 5 a Any person whose rights conferred pursuant to the basic principles. principles specified in this Chapter have been affected may submit such matter to. the Tribunal specified in Section 10, b Complaints submitted to the Tribunal in connection with a right. conferred pursuant to the basic principles specified in this Chapter shall. be dealt with expeditiously by the Tribunal The complainant and the. respondent shall both be afforded ample opportunity to make. submissions and respond to arguments, c Where the Tribunal deems that a complaint submitted to it is based on. legitimate and valid grounds it has the power to issue orders mandating. compliance with the basic principles specified in this Chapter including. i an order to perform or cease performance of an act. ii an order to re instate a dismissed, iii an order to restore a benefit or advantage that has been denied. to a person or,iv An order providing for compensation.
EMPLOYMENT OF MINORS, Minimum Age 6 Minors under the age of sixteen years shall not be employed except in. connection with training associated with their education or. deportment Minors under the age of sixteen years who participate in. the family s line of work of their own shall be exempted from this. Prohibition of 7 a No minor shall be employed in any work or employment or in conditions. employment of minors of work or employment that may have a detrimental effect on his. health education safety or conduct, b All age limits stipulated in this Chapter shall be computed according to. the Gregorian calendar A child shall be deemed to be under eighteen. years of age as provided for in Law No 9 91 The Law on the Protection. of the Rights of the Child,Act No 2 2008 Employment Act English Translation. Obtaining guardian s 8 a A minor shall only be engaged in any employment or work in. approval accordance with Section 6 and Section 7 after the written approval of. the minor s legal guardian or guardian recognised at law has been. b For the purposes of sub section a a legal guardian or guardian. recognised at law shall be defined as is provided in Law No 4 2000 The. Family Law, Hours of work 9 a A minor employed in accordance with Section 6 shall not be required to. be at work during school hours of the minor, b A minor shall not be required to work after 11pm at night.
Register of minors in 10 Any person employing minors in accordance with this Act shall record. employment and maintain a register containing the name address and date of birth. of such minors, Health Check 11 a Any person employing minors in accordance with this Act shall record. and maintain a register containing the name address and date of birth of. such minors, b A minor shall only continue to be employed on a vessel for a period of. more than one year subject to a medical certificate of fitness for such. employment issued by a medical practitioner licensed by the Government. Such a health check up must be conducted at least on an annual basis. at the expense of the employer, Penalty 12 Any person contravening a provision of this Chapter shall be fined a sum. not less than Mrf 1 000 and not more than Mrf 5 000. EMPLOYMENT AGREEMENT, Forms of employment 13 a Unless otherwise provided herein the provisions of this Chapter shall. agreement apply to all forms of employment agreements. Act No 2 2008 Employment Act English Translation, b There shall be a written employment agreement consisting of one or.
several documents between the employer and the employee Such. employment agreement shall include, i The name of the employee permanent address current address. identity card number or passport number date of birth. nationality emergency contact person s name address and phone. ii Whether employment is permanent or temporary,iii Date of commencement of employment agreement. iv Salary and other benefits,v Method and guidelines for calculation of salary. vi Pay day,vii Days on which leave may be granted, viii Principles pursuant to which disciplinary measures may be taken. against the employee due to his conduct,ix Staff appraisal and.
x Manner of dismissal from employment,c The following types of agreements are permitted. i Employment agreements of a definite term, ii Employment agreements of an indefinite term and. iii Employment agreements specific to certain types of work. d Either party to an employment agreement may terminate such. agreement where it does not as specified for in this Chapter provide. a defined notice period for resigning from or termination from. employment, e Employment agreements of a definite term shall subject to sub section. g terminate at the end of the term specified in the employment. agreement without requirement of any further notice. f Employment agreements of a definite term shall not exceed a maximum. period of two years, g Employment agreements of a definite term shall be deemed as. employment agreements of an indefinite term if renewed or if its term is. extended such that the total duration of employment exceeds two years. Act No 2 2008 Employment Act English Translation, or if it can be deemed from the actions of both parties that such a.
renewal or extension has occurred, h Employment agreements of a definite term or specific to certain types. of work shall be deemed as employment agreements of an indefinite. term if the objective or effect of the employment agreement is such. that the employee is required to continue carrying out employment of. a kind which is usually carried out at the place of work on a permanent. i Employment agreements specific to a certain type of work shall. terminate upon completion of the specific work undertaken without. requirement of any further notice, Probation 14 The employment agreement can specify a term of no more than three. months as the period during which an employee is subject to probation. Either party may terminate the employment during such period without. the giving of any notice, Job Description 15 a Except in the circumstance specified in sub section d every employer. shall provide each employee with a written job description detailing the. duties and scope of employment, b Every employer must provide each person in employment at the. commencement of this Act with a job description within three months. of the commencement of this Act Every person employed after the. commencement of this Act must be provided by with a job description. by the employer within one month of commencing such employment. The job description must be renewed in the event of a change in job or a. c The job description specified in this Section shall include. i the name of the employer address nationality and type of. ii the name of the employee permanent address current address. identity card number date of birth and nationality. iii date of commencement of employment agreement,Act No 2 2008 Employment Act English Translation.
iv methods and guidelines for calculation of salary. v durations at which salary shall be paid,vi job title and job description. vii place of employment,viii normal working hours,ix leave provisions and. x Principles pursuant to which disciplinary measures may be taken. against employees due to his conduct, d Employees shall be exempt from the provisions of this Section in the. following circumstances, i where the normal weekly working hours are less than a total of. sixteen hours or, ii Employment for a definite fixed term of six weeks or any work.
which will definitely be completed within six weeks. e Where the employee has not been provided with a job description by. the employer the employee in order to obtain his benefits according to. the terms and conditions required to be incorporated into a job. description has the right to enforce such terms and conditions or any. verbal agreements made with the employer The employer shall not. have the right to enforce such agreement in a manner that will cause a. detriment to the employee, f Employers who have not provided employees with the job description. specified in sub section a shall be subject to a fine of not more than. Permanent Employment 16 a Permanent employment shall be deemed to commence from and. inclusive of the date on which the employee begins work The. duration of employment shall be inclusive of the date of dismissal or. termination of employment, b A suspension in duration of employment shall not be deemed to have. occurred for absenteeism of the employee arising out of the following. i leave pursuant to this Act any other statute or any employment. ii any specific period of paid or unpaid leave where the employee is. Act No 2 2008 Employment Act English Translation, prohibited from work pursuant to this Act any other statute or. any employment agreement, iii any period way from work deemed to be due to unfair dismissal. from work and pending re instatement pursuant to Section 29 of. this Act or any other agreement, iv any period away from work due to temporary employee lay off s.
v Any period away from work with the consent of the employer. Transfer of employment 17 a Except as provided in sub section b no employment agreement shall. agreement be transferred to a party other than the employee without the consent. of such employee, b Where a business or a commercial venture in part or in full is sold. leased transferred or released in any other manner the employment. agreements of employees associated with such business or work shall. be transferred to the transferee of such business or work The rights and. duties of employees and employers arising out of the employment. agreement shall be transferred accordingly Any transactions between. the transferor and the employee prior to the transfer shall be deemed to. have occurred as between the transferee and the employee. c Where a business or a venture in part or in full is sold leased or. transferred or released in any other manner the period of. employment with the previous employer and the person deemed as. the current employer transferee upon transfer of the business or. venture shall both count as continuous employment and shall not be. deemed as a discontinuation in employment, d Any obligation imposed on a person pursuant to an ongoing. prosecution or a conviction for an alleged offence shall in the. circumstances specified in sub section b not be deemed transferred to. another party and there shall be no lessening in the obligations of such. Employment of a specific 18 Where a person is employed during the same period of time every year. duration to carry out seasonal work and is so employed by the same employer. every year his accrued duration of employment shall be deemed as. Act No 2 2008 Employment Act English Translation,continuous employment with such employer. WORK ETHICS AND DISMISSAL, Disciplinary measures 19 a Where the employee does not confirm to work ethics the employer has. imposed on employee the power to impose appropriate and reasonable disciplinary measures. from amongst those specified in this Section, b For the purposes of this Section the following shall be included in the.
definition of disciplinary measures,i counselling,ii caution in writing. iii suspension from employment for a period not exceeding. fourteen days or,iv demotion, c In ascertaining the reasonableness of disciplinary measures imposed on. an employee due regard shall be had to the extent of the breach of work. ethics the duties of such employee measures imposed by the. employer manner of imposing such measures loss caused by the. employee s breach of work ethics and the employee s conduct prior to. such incident, d Complaints may be lodged at the Tribunal by any employee concerning. the reasonableness of the disciplinary measures imposed against him. Permitted deductions 20 a Employees may be fined for absenteeism from work during official. from wages working hours such fine to be deducted from his wages and to be. commensurate to the time absent from work No other fines shall be. imposed by the employer on account of absenteeism, b This Section does not prevent the determination of reasonable. compensation on account of loss or detriment to the property or. business of the employer due to a wilful act or omission by the employee. Prohibition of dismissal 21 a An employee shall not be dismissed from employment without. without reasonable cause showing appropriate cause as to failure to maintain work ethics. inability to carry out employment duties and responsibilities related to. Act No 2 2008 Employment Act English Translation, the proper functioning of his place of work even after measures have.
been taken to discipline the employee or upgrade skill deficiencies. b The following shall not be deemed reasonable cause that the employee. is failing,to maintain work ethics or in dismissing him from. employment, i the employee s race colour nationality social standing. religion political opinion affiliations with any political party. sex marital status familial responsibilities or any disability. ii pregnancy or any pregnancy related cause, iii the employee s exercise of a right conferred by this. iv temporary failure to report to work for a period of time due to. illness or injury, v exercising or attempting to exercise any right of the employee. to stay away from the work environment based on a reasonable. belief that the same is directly and indirectly hazardous to the. employee s life or health, vi membership of a workers association or involvement in any.
lawful activity conducted by such association or, vii Submission of a complaint against the employer alleging. contravention of the law or being involved in any capacity in. any proceedings involving such a compliant, Notice prior to dismissal 22 a Except in the circumstances specified in Section 23 of this Act. employment, agreements of indefinite term shall only be terminated after giving. the minimum,notice specified below, i two week s notice for any person in employment for more than. six months but less than one year, ii one month s notice for any person in employment for more than.
one year but less than five years, iii Two months notice for any person in employment for more than. five years,Act No 2 2008 Employment Act English Translation. b The notice periods specified in sub section a shall not be served on. the employee while he is on leave taken pursuant to this Chapter such. that the leave and notice period are counted together. c This Section does not prevent the variation of the notice period to a. greater extent as agreed between the employer and the employee in. the employment agreement or the waiver by the employee for the time. being of his rights to be given notice prior to a specific period. d Notice given pursuant to this Section must be given in writing. Dismissal without notice 23 a An employee shall be dismissed without notice only when an employee s. work ethic is deemed unacceptable and further continuation of. employment is on reasonable grounds seen by the employer as. unworkable, b An employee s work ethic shall be deemed unacceptable as specified in. sub section a if, i any further continuation of employment is likely to be. detrimental to the employer or to the work place or. ii The employee has committed fraud, c Dismissal without notice shall mean termination of the employment.
agreement by the employer without the requisite notice as provided in. law or the employment agreement or a notice of a lesser period than. Performance record 24 a A written performance record of employment based on the following. shall be provided to the employee by the employer if such a request is. made within six months of the termination of the employment. agreement and the employee being informed of the termination. i name and address of the,ii nature of employer s,iii period of continuous employment by the. Act No 2 2008 Employment Act English Translation,iv place of employment. v designation of the employee prior to termination of. employment and, vi Wages and benefits up to the date of termination of. employment, b The reason for termination of employment or the employers views on. the employee s performance must not be included in the performance. record unless requested by the employee, Payment in lieu of notice 25 Employment can be terminated without notice provided that the.
employee s wages and other benefits for the required notice period. from the date of commencement of the notice period to the date of. termination of the notice period have been paid in lieu of notice. Resignation 26 a The employee shall be afforded the opportunity to bring to the notice of. the employer any contraventions of this Act or the employment. agreement by the employer Where the matters specified in such notice. for amendment are not complied with in accordance with the. employment agreement and within the period specified in such. notice the employee may resign from employment after giving notice as. provided for in the employment agreement, b A termination of the employment agreement by the employee pursuant. to sub section a shall be deemed as dismissal by the employer. without reasonable cause, Establishing cause for 27 Except in the circumstances specified in Section 29 it is an obligation. dismissal of the employer in any complaint submitted by or proceedings filed by. the employee pursuant to dismissal from employment to prove that. dismissal was for cause Where the employer is unable to prove that. dismissal of the employee was for cause it shall be deemed that dismissal. was without cause, 28 a The employee has the right to submit a complaint relating to his. dismissal from, employment to the Tribunal within three months of dismissal where he. Act No 2 2008 Employment Act English Translation, is of the opinion that he was dismissed without cause regardless of.
whether notice was given or not This Section does not prevent the. employee filing a complaint with the Tribunal from the date of receiving. b An employee dismissed during the probationary period or due to. retirement age or any other reason requiring resignation from office. does not have the right as provided in sub section a to file a complaint. with the Tribunal, Legal redress for any 29 a If the Tribunal is of the opinion that the employee was dismissed. employee dismissed without reasonable cause the Tribunal can issue any of the following. without cause orders, i an order requiring re instatement of the employee in the same post. and that the dismissal of the employee be struck off the record. ii an order requiring re instatement of the employee in a post similar. to or appropriate to the post filled by the employee prior to. dismissal compliance with any conditions stipulated in the order. or agreed between the employer or the employee and re. instatement to be made on a specific date or, iii An order requiring compensation as provided in sub section d. b The Tribunal shall in issuing an order firstly seek to re instate the. employee to the post held when dismissed or to a similar post or to a. post appropriate to the employee The Tribunal shall have due regard to. the circumstances for dismissal and also to the extent of the employee s. involvement in such act if the dismissal was due to any act on the part of. the employee, c If in the opinion of the tribunal the dismissal of the employee was in. some measure attributable to the employee s fault or facilitated by the. employee the order for re instatement of the employee may also. provide for the imposition of a penalty, d In issuing an order for compensation the measure of compensation shall.
be decided based on what in the opinion of the Tribunal is reasonable. and just In determining the measure of compensation due regard must. Act No 2 2008 Employment Act English Translation, be had of detriment directly suffered by the employee due to the. employer s actions during dismissal of the employee and the extent of. contributory factors directly attributable to the employee If dismissal of. the employee was pursuant to any of the matters specified in Section. 23 b of this Act the Tribunal may order further damages to be payable. to the employee, Death of the employer 30 If the employment agreement is based on the employer in his. individual capacity the employment agreement if not terminated. pursuant to Section 22 a of this Act within one month of the. employer s demise shall stand terminated at the expiry of such period. Bankruptcy of the 31 a If the employer goes bankrupt or ceases to carry on the business the. employer employment agreement if not terminated pursuant to Section 22 a of. this Act within one month of such event shall stand terminated at the. expiry of such period, b Despite the bankruptcy of the employer if the business continues to. operate or if the business is transferred to a third party the employment. agreement shall not be deemed terminated as provided herein. c If upon termination of an employment agreement due to bankruptcy of. the employer or the cessation of the business an employee or his. representative initiates proceedings for recovery of any unpaid wages. and other dues precedence shall be given over recovery of debts due to. the government if any and other creditors to recovery of any monies. owed to the employee Such recovery shall be based on the following. i payment of wages over time commission service charge and. any other monetary benefits due to employees in the twenty. seven weeks immediately preceding the bankruptcy or cessation. of business, ii payment for days worked by employees who during the two. years immediately preceding the bankruptcy or cessation of. business worked without taking leave, iii payment due to employees for paid leave during the twelve.
months immediately preceding the bankruptcy or cessation of. business and,Act No 2 2008 Employment Act English Translation. iv Compensation due to any employee dismissed without reasonable. cause and any other payments due when the employment was. terminated,WORKING HOURS, Working hours 32 a No employee shall be required to work more than forty eight hours a. week This principle does not include overtime carried out in accordance. with this Act, b No employee shall be required to work more than six consecutive days a. week on a day that is normally a day off or has been agreed as a day off. without being provided with twenty four consecutive hours of leave. c Sub section b does not prevent an employment agreement between. an employer and a person or persons employed at tourist resorts tourist. vessels or uninhabited islands designated for industrial projects from. providing that the leave entitlement of one day after working for six. consecutive days a week shall be accumulated and taken by way of one. day for every six consecutive days worked, d This Section does not prevent a person or persons employed at tourist. resorts tourist vessels or uninhabited islands designated for industrial. projects from working an additional two hours a day However such. additional hours must be paid for by way of overtime as provided in. Section 37 of this Act, Determination of 33 The Minister has the discretion to make regulations determining the.
maximum working maximum number of working hours per hours per day. Exempted employees 34 a The following persons are exempted from the provisions of this. i persons working in emergency situations,ii crew of sea going vessels or aircraft. iii imams and other employees at mosques, iv persons on on call duty during the hours of duty and.


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