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 exce. Act No 2 2008 Employment Act English Translation Contravention of basic principles 5 a Any person whose rights conferred pursuant to

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