Maldives proposes amendment to scrap 100k expatriate worker limit
The number of foreigners that can be brought in from one country -- currently at 100,000 -- is now specifically determined by law.
The government on Wednesday proposed an amendment to the Employment Act to remove the 100,0000 limit on foreign workers from a single country.
The first reading of the bill was heard in the session on Tuesday. The bill was moved by PNC MP Mohamed Dawood on behalf of the government. The purpose of the bill is:
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To amend the existing rules of the Employment Act to address the problem of illegal foreigners working in Maldives and to make necessary amendments to further strengthen law enforcement
The number of foreigners that can be brought in from one country -- currently at 100,000 -- is now specifically determined by law. However, the amendment proposes to determine the amount by a regulation made under the act instead of by law.
Accordingly, the amendment states:
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The rules may specify the number and areas of foreigners that can be brought in during the year and the maximum number and areas of foreigners that can be brought in from a single country
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In so doing, different criteria may be prescribed for different categories based on the type of industry and occupation and skill level
These figures should be determined on the advice of the cabinet after an assessment of the impact of foreign employment on the country's labour market. They include:
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The assessment should identify the challenges in the labour market, the need for foreigners in key sectors, the number of foreigners employed in the country so far and the number of foreigners working illegally
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Heavy fines for neglect of foreigners
The latest cabinet meeting decided to take action against employers who bring foreigners to work in Maldives.
The amendment describes the acts of negligence and the measures to be taken.
Steps include:
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Disclosure of employers who neglect foreign workers after bringing them to Maldives
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Fine of MVR 50,000 for each negligent employee
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suspension of services provided to employers in relation to foreign workers under the law for a specified period, including fining the employer who commits repeated acts of violation; The details are to be explained by a regulation made under the law
Acts of negligence are considered to be:
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Not paying salaries
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Failure to comply with the requirements of the regulations made under the law in the basic services required by the employer
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Exploitation of foreign workers during or after their arrival in Maldives or employment of them in violation of laws and regulations
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Employment other than the job brought by the foreign worker
The ministry has the power to impose a fine of not more than MVR 100,000 on an employer who violates the law.
There are many things in this amendment that can be done by the rules made under the law. The current work permit fee is MVR 350 per month and MVR 2,000 per annum as fees and quotas. Accordingly, the amendment states:
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The two types of fees may be reviewed and changed at least once every three years and for a period not shorter than six years
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After such review, the fee prescribed shall not exceed 30% of the fee prescribed at that time
According to the bill, the changes will come into force on the date of publication in the gazette. The regulations must be made within three months from that date.
