Business organisations and labour rights groups have called on the government for more time to address proposed amendments to the Employment Act that will drastically shake up living standards for foreign and local workers employed within the Maldives.
The Ministry of Human Resources, Youth and Sports has today invited comments on the new proposals requiring all employers within the country to ensure that specific standards of living quarters are being provided to staff such as those living on resorts or construction sites.
The proposed amendments to the Employment Act outline new requirements for staff accommodation that include providing a clear separation of work and private space, sufficient artificial or natural light, purpose built kitchen areas and specific health and safety standards.
From the perspective of employers, Mohamed Ali Janah, President of the Maldives Association of Construction Industry (MACI), said that despite certain negative perceptions of the industry over treatment of its workers, beyond a few bad examples, there was a willingness to improve treatment of staff.
“Any improvement [to worker’s living conditions] we would welcome. Yet, with any improvements there is a cost attached to this,” he said.
Speaking to Minivan News, Janah said that he believed that the proposed amendments to workers’ living conditions would impact on the cost of construction work in the Maldives. He said implementing such living standard changes would therefore require a grace period of around one year to allow businesses and their customers to adapt to the changes.
The MACI president claimed that in an already highly competitive marketplace, society, rather than the construction industry alone, would have to accept some of the financial burden to offset the higher costs of accommodating workers to the standard proposed by the Human Resources Ministry.
“This will definitely have an impact on proposed costs in the industry. Right now, in what is currently a competitive market. We are just managing to get through the economic situation,” he said.
Alongside the Employment Act regulations, Janah said that he believed that additional legislation relating to occupational health and safety was needed to be addressed both in terms of private and government contracts – an issue he claimed was not always the case in negotiations for a construction project.
“The Maldives building code and health and safety requirements also need to be addressed along with these amendments,” he added.
Taking the example of what he believed were differences between the present and previous governments, the MACI president claimed that the implementation of a more structured national budget had meant that state building contracts were no longer a sure thing for building groups. These changes within the construction market were therefore seen as putting further pressure on building firms to try and cut costs while providing new residences for staff.
“[The accommodation proposals] are a good move, but there needs to be time for the industry to adapt,” Janah claimed. “There is awareness of the new requirements that needs to be created. I don’t believe penalizing companies would be the best practice and that a grace period of around a year would be a good time frame to address [the changes].”
Tourism workers
From a tourism industry perspective, worker’s organisations like the Tourism Employees Association of Maldives (TEAM) have criticised the decision to give just 15 days to provide feedback to the regulations proposed by the Human Resources Ministry.
TEAM President Ahmed Shihaam said that the association would be discussing its responses to the changes in accommodation within the next 24 hours, though had hoped the group would also have time to consult with tourism industry employers as well.
Shihaam claimed that a 15 day time-frame to respond to the regulations made it difficult to consult with important stakeholders like resort employers on the long-term implications of the proposals.
“Rather than days, we may need a month or so to address these issues properly, both with our members and the employers [the resorts themselves],” he said. “This is new to us all and the intention is not to make enemies.”
The Maldives Association of Tourism Industry (MATI), which represents a number of resort businesses operating in the country was unavailable for comment when contacted by Minivan News at the time of going to press.
In addressing the proposals for the Employment Act, Human Resources Minister Hassan Latheef said that the proposed new accommodation standards had been adapted from recommendations outlined by the International Labour Ogranisation (ILO), specifically in terms of sanitation conditions and room size.
Latheef claimed that the proposals would address many of the complaints and concerns received by the country’s Labour Relations Authority from Maldivian Workers concerning the conditions of their accomadation, particularly at resort level.
“Maldivians, rarely complain on the pursuit of [unpaid] salaries, most of the time, they complain about the conditions at work or their living conditions. Most of the complaints I should say come from resort workers,” he said. “Their complaints come from not being paid a service charge they are entitled to, to conditions of their accommodation and alleged discrimination from senior management.”
By comparison, Latheef claimed that about 95 percent of complaints received by the Labour Relations Authority from expatriate workers related to the alleged failure of an employer to pay their wages rather than living conditions.
Accommodation amendments
The proposals opened up to public consultation by the Ministry of Human Resources, Youth and Sports are scheduled to come into force four months after being published in the government gazette.
These requirements include:
- Lodging should provide shelter from the natural elements, and be constructed using suitable materials
- If a lodging is based at a work site, there should be a fence separating these two area at a distance of 1.5 metres
- At entrance of lodging, a service provider’s name and contact number should be displayed along with the maximum number of people that can be accommodated
- Lodgings should have enough daylight or artificial light as well as a means of letting air pass through
- A single worker’s accommodation should equate to 6 square metres of living space at a height of 2.4 metres and an all round width of 1.8 metres
- For 2 people sharing accommodation, there should 9 square metres of space that is 2.4 metres in height and 2.1 metres in width – each extra person after that should be supplied with 4.5 square metres of living space, 2.4 metres in height with a width of 2.1 metres
- Rooms should be for separated by gender, unless workers are married
- Lodgers should also have a means of locking away valuables
- A toilet should be provided for every 10 people staying at a lodging
- A sewerage system should be in place and constructed with permission from the relevant authorities
- A kitchen should be supplied that is appropriate for the surroundings, while it’s forbidden to cook inside lodgings at construction sites
- Employers or the service provider will be fined up to Rf5,000 for each failure of regulation that is recorded
More information on the measures can be found on the Ministry of Human Resources, Youth and Sports’ website.
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People like Mohamed Ali Janah are the people who mistreat poor expatriate workers. We the citizens don’t too s&*t if he is unable to make undeserved huge profits.
One toilet for 10 people? You must be joking! I know this is the 3rd world etc, but humans deserve something a bit more respectful...
1 year to implement these simple measures it too much. In one year they can even build a whole resort! So there shall be no more delays.. Give the workers an honest salary and a dignified space to live!
While we discuss the issues of workers, I thought I should ask if there is anyone who cares for the employers. We are demanding employers to provide this and that to the workers. But we should not forget that the employers also have their grievances, difficulties, problems to be solved and shared, finances to be managed. Is ILO concerned only about workers? We hear that ILO maintains tripartite strategy.Please visit www.ilo.org. Why not we too discuss these issues among employers, workers and the government and find a good solution?
If we really want to have good and improved conditions for workers, we should consider improving the employers conditions. If the employer is having hard time meeting his ends or if his office is not properly managed(for any reasons), the authorities should look into it and assist him in solving his problems too. This would pave ways for proper working conditions and environment for the workers.
Janah,
Don't u spend for your family's well-being???? Isn't that money u are spending????
I feel sorry for u!!! Whenever we talk about a change in our long-practiced unfair system, u start talking about the money that has to be spent...don't u know money involves in each and every good thing or bad thing
Construction workers live in pathetic conditions! It's about time the construction industry spent some of it's profits to provide their workers decent living conditions!
True..true..Naju..money earned is money spent and money spent is money earned. If someone does not spend money, it won't be earned by the other person. Money is to spend and money is to earn! Of course.. wisely...
Janah,thanks for standing up to the business community and also standing up for the rights of the workers. People who have commented here do not appreciate to the fact that you have already agreed to the improved conditions even within a year. People who are not in business do not undertand the hardships that they are going through right now. It is very easy to comment and make statements while sititng in a beautiful air conditioned room. Only the people who suffer with huge risks would understand what they are going through. We know for a fact that your projects are one of the best paid, and in fact best looked after workforce and it is sad to see people speak and write without knowing the truth and facts.Keep up your good work and we the business community will fully back your every move.
We know well how honorable gentlemen are there in Maldivian construction industry.
Also, we know the little tricks that you play to avoided paying customs duty for the materials that you import.
You have been ill treating poor expatriate workers like modern slaves. Be assured that the current Maldivian government will and shall not support dirty industry such as yours.
janah's monthly disposable income is probably equal to an years wages of one of these workers. so its obvious that he has to peer through a microscope to see into pathetic poor life of the normal worker and appreciate it. he has the microscope, but he chooses not to look.
Is anyone reading this with an open mind. Kudos, to this governement for taking steps to ratify the ILO conventions, which by the way is designed for a conducive tripartite sustainence. Meaning Employers, Employees and Government alike. You cant make rules and implement it over night. You need to make people aware and give time to adapt. Otherwise it will lead to anarchy. The thinking should be to allow new projects to implement the new regulation and current projects should be given enough time adjust as they would require to cost and acquire the faciltities. You should be ashamed to demean the industry and the Maldivian hands and minds that has built the resorts which are so famous around the world.
What's this. Has anyone done a survey on the conditions of locals living in Male', and going to work, as civil servants. Some use public toilets, some sleep in shifts and some take a meal a day. The conditions in these sites are far better. They have chicken for all 3 meals and get snacks in between. Why do you always take the worst examples. The regulations are welcome for exapts but need to follow after improving the facilities for lacals, especially civil servants.
Do we have to ratify every convention as it is and in such a hurry? Do you think one size fits all? This is Maldives. These are tiny islands. And has every member country ratified all conventions of ILO? We need rules and regulations to suite our country and its people. It should be customized. We should consider the difficulties we have in terms of land, labor, finance, skilled personnel. Is this is the only problem we have at hand that needs urgent attention? I am really confused.If you are going to construct a resort island, on an uninhabited island where there is nothing but trees, you need to go alone and build houses for the workers and then invite them to come and start construction?
Janah, thank you for accepting the proposed regulation.Except for someone who is totally stupid or ignorant, any sense making person would understand that implementing any changes would require time especially when there are cost implications involved.I am confident that the intention of the current centre right government is not to place additional burdens on the business community.It is so sad to see so many left leaning people commenting on every situation like this.The governments moves to improve the living conditions to expat workers is a good move and it looks like the construction industry has also accepted that fact.You cannot make the business community your enemy.The business community need to survive if this nation is to survive.The socialist ideas are a thing of the past.In our country West Bengal is a typical example.Since independence they had a socialist government and is the most backward state in the country.Your nation need to be a progressive nation.If measures are required please encourage the business community to adapt it.Do not confront them as in a small country like yours failing the business community is failing your economy.You have a choice between a socialist welfare state and a progressive forward looking nation.
We do not have business community here; we have a fraud community.Be assured we are not communists and we hate comrade philosophy!