Call issued for inclusion in the Register of Unions under new Industrial Relations Act

The Ministry of Human Resources, Employment and Labour has initiated the process of compiling a provisional register of workers' trade unions and employer's unions under the Industrial Relations Act.

The Industrial Relations Act, which was ratified earlier in January, provides guidelines for the formation of workers' associations and the right to participate in the activities of such associations.

The Act defines the scope of these rights and contains rules for the establishment and operation of workers' trade unions and employers' unions.

The Labor Ministry has announced their intention to compile a provisional register to allow existing associations registered under the Association's Act to operate as trade unions.

The Labor Ministry has issued an open call for associations currently operating in Maldives to submit their applications and be included in the provisional register of workers' trade unions and employers' unions.

Important notes under the new Act

The Industrial Relations Act provides the constitutionally guaranteed right to strike, the right to express opinions and the freedom to form trade unions in the Maldives.

However, the Act goes on to state that a registered union may take industrial action or strike only through a secret vote among its members, and only if a majority vote is secured in favor of those motions. Otherwise, the union is liable to be fined between MVR 5,000 and MVR 50,000 if they pursue industrial action without first affirming consensus among its members through voting.

Under the Industrial Relations Act, employers must receive a notice 48 hours prior to the start of a strike or any other industrial action being pursued by a union. The law also states that no civil suits can be filed against unions and its members for the exercise or non-exercise of rights afforded to them under the Industrial Relations Act.

The law also establishes a mechanism for reaching collective bargaining agreements between workers and employers. It also provides rules and procedures for resolving workplace disputes that are parallel to the legal norms in force and accepted in developed societies.

The Industrial Relations Act states that negotiations for collective bargaining are required to begin within 30 days of the submission of the proposal requesting as such, with the union prohibited from taking industrial action or striking while the negotiations continue.

After negotiations for collective bargaining conclude, an agreement must be signed based on the outcomes. Agreements that are signed in this manner are defined by law as valid agreements that will be legally binding on all participants.

The law provides that the Registrar of Unions, appointed by the President, is entrusted with the responsibility of registering workers' trade unions and employers' unions and taking action against any unions that violate the law. The Industrial Relations Act also provides for the appointment of a Director General of Industrial Relations to regulate and administer the Act, alongside the establishment of an eight-member "Tripartite Advisory Board" as well as an Industrial Dispute Resolution Division at the Employment Tribunal.