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Immigration officials during an expatriate raid. (Photo/Immigration)

Maldives scraps max expat numbers, impose fine for anti-expat employers

The parliament passed the bill in late August.

2 September 2024

President on Sunday ratified an amendment to the Employment Act to impose a fine of MVR 50,000 on every employer found guilty of negligence after bringing in migrant workers and to remove the 100,000 person limit set by law to bring in foreign workers from one country.

The parliament passed the bill in late August.

The law describes the circumstances in which foreigners may be considered to have been neglected and the measures to be taken in such circumstances.

Steps include:

  • Publicising employer details, of those who neglect foreign workers after bringing them to Maldives

  • A fine of MVR 50,000 on each negligent employee

  • Suspension of services provided to employers in relation to foreign workers under the Act for a specified period, including fining the employer who commits repeated acts of violence; the details are to be explained by a rule made under the law

Acts of negligence are considered to be:

  • 1-

    Not paying salaries

  • 2-

    Failure to comply with the requirements of the rules made under the law in the basic services required by the employer

  • 3-

    Exploitation of foreign workers during or after their arrival in Maldives or employment of them in violation of laws and regulations

  • 4-

    Employing the expatriate in work other than the job the foreign worker was brought in for; however, other work performed within the scope of the employment agreement shall not be deemed to be the performance of another employment

Meanwhile, the number of foreigners that can be brought in from one country -- maximum of 100,000 people -- was earlier specifically determined by law. However, the ratified law will fix the amount by a regulation made under the act instead of fixing it in law. The amendment states:

  • 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

  • In so doing, different criteria may be set for different categories based on the type of industries and occupations and skill levels

When the numbers of foreigners are redetermined under the regulation, an assessment should be conducted to determine the impact of expatriates on the workforce. These matters shall be done on the advice of the cabinet.

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