Business
Maldives enacts new expatriate employment regulations
In a major policy intervention, the Maldives government has launched the new and revised Expatriate Employment Regulations. It was published in the government gazette on August 13 as Regulation Number 2020/R-62.
The complete set
The new regulations come packed in a total of 72 pages complete with a bundle of various guidelines on related subjects. They are also integrated into the regulations by making them schedules to the regulations.
The pack consists of regulations on expatriate employment and individual guidelines and rules on complementary areas such as registering with the online x-pat system, grant of quotas, collection of quota fees, grant of approval to work in the country, deposits and refunds, accommodation service providers, arrangements and standards of accommodation, and disciplinary measures for breaches.
Key takeaways
Letter of Appointment must be delivered to the individual before he/she arrives in the Maldives. It will be considered as the temporary employment contract pending arrival in the Maldives and execution of a proper employment contract. A sample template of the letter of appointment is found in the regulations.
An expatriate employee’s employment may only be terminated in accordance with the Employment Act.
All requests for approvals required under the regulations must be processed through the x-pat online system. Two categories of people can register with the system: employment agencies and accommodation service providers who provide and arrange accommodation on commercial basis for employers.
Each employer has to designate a specific representative to deal with the x-pat system on its behalf, and that representative ought to be a Maldivian. Also, an employer can appoint an employment agency to deal with the system on its behalf.
A representative so appointed shall take personal responsibility for all actions completed through the system using his/her credentials.
Employment approval for individual employees would only be granted under a quota. The quota applications are processed through the designated job portal of the national job centre for employers registered on it.
A quota fee is charged as per quota fee guidelines.
Engaging an expatriate for any work in excess of or outside a quota is not allowed.
An employer may not, after bringing an expatriate employee to the Maldives under a specific quota issued to that employer, allow that expatriate to be transferred to or handed over to another employer or cause that employee to work for another employer except as may be allowed under the regulations.
An expatriate may only be brought in for work after securing his/her employment approval. The approval is valid for the duration of the quota. An expat brought in under one employer may not be allowed to transfer to another employer unless the new employer has secured the employment approval for that employee.
Neither the designation nor the work site of an expatriate employee may be changed except after securing necessary approvals.
It is prohibited to engage an expatriate employee to work in an employment or cause him/her to work for a person without securing the relevant employment approval for that employee.
Payment of a deposit is required. The government can use the deposit to repatriate the employee or pay for requirements which remain unfulfilled by the relevant employer.
Expatriates may be employed and maintained in employment in fulfillment of requirements of the Employment Act, regulations made under it, and in a manner not inconsistent with the Act.
The employer is to arrange repatriation of employees on expiry or termination of employment and when directed by a government agency.
Registration of expatriate employees across the country is made obligatory. The register is to be kept and maintained at every local council including city councils. If an employee is ordinarily resident on an inhabited the island on which he/she is resident will register him/her. If he/she is on an uninhabited island, the inhabited island that is closest to his work site will register him/her.
Expatriates are to respect local law. If there is a breach, action would be taken in accordance with that law.
If any of the rights of an expatriate employee is believed to be infringed, he/she may submit the matter to the Labor Relations Authority for resolution.
The ministry has the right to inspect every site at which an expatriate is employed or accommodated to ensure compliance with law.
New regulations come into effect from the date of publication. Old regulations are repealed. Actions taken, obligations and rights created under the old regulations are to remain valid and continuing.
Guidelines attached
The regulations come with 7 individual guidelines found in 7 separate schedules that are made part of the regulations.
The entire pack is broken down as below:
- The Regulations – Expatriate Employment in the Maldives (16 pages, 40 provisions)
- Schedule One – Registration with and use of x-pat system (eight pages, 18 provisions)
- Schedule Two – Grant of quotas for engaging expatriate employees (eight pages, 14 provisions)
- Schedule Three – Collection of quota fees (five pages, 14 provisions)
- Schedule Four – Grant of approval for expatriates to work in the Maldives (13 pages, 22 provisions)
- Schedule Five – Deposits and refunds (five pages, 11 provisions)
- Schedule Six – Arrangement of accommodation by employers (11 pages, 31 provisions)
- Schedule Seven – Disciplinary Measures (five pages, 10 provisions)
English translation
There is no official English translation of these regulations. Commercial law firms are expected to develop their own translation of this new set of regulations and guidelines over the coming weeks.
The Dhivehi version for the regulation may be found here.
Note: This article has been reproduced and adapted to fit our publishing guidelines with permission from its author: Nasheed & Co., a commercial law firm in the Maldives. The original article can be viewed here.
The Maldives Association of Tourism Industry (MATI) held its 34th Annual General Meeting at Kurumba Maldives today, with a total of 100 members in attendance.
The day’s events began with a welcome address from the Chairman of MATI, Mr. Mohamed Umar, who also presided over the session. The agenda included an address from the Secretary General, Mr. Ahmed Nazeer, the review and approval of the minutes of the 33rd AGM, the review and adoption of the Annual Report and Financial Reports for 2023, the approval of the 2024 budget, the appointment of auditors for 2024, the welcoming of new members and election of executive board members to the two vacant positions (by-election).
In the member discussion session, the following topics were covered: the Government’s aim to reach net-zero emissions by 2023 and renewable energy generation in the Tourism Industry, new terminal of Velana International Airport and developments, employment challenges, the Industrial Relations Act and trade unions, environmental conservation and the significance of creating and executing efficient management plans for protected areas like the South Ari Marine Protected Area (SAMPA).
Following the official proceedings, the Minister of Tourism Hon. Ibrahim Faisal and the Minister of Economic Development and Trade Hon. Mohamed Saeed joined the forum. The Ministers provided remarks and engaged in a Member Q&A session. This session provided members with the chance to directly engage with the Ministers and delve into crucial industry topics. The queries focused on the Economic Outlook, forthcoming development plans and immediate challenges and issues affecting the Tourism Industry.
A video presentation was also showcased that delved into the extensive work undertaken by MATI in 2023. The video also touched upon the Tourism Industry’s performance over the past 5 years, as well as the current and projected human resource capacity of the sector.
In his closing remarks, the Secretary General highlighted the importance of collaborative efforts in addressing industry challenges and called for greater unison amongst industry stakeholders, ending with an acknowledgement of the promising start to the year in terms of arrivals.
Executive Board Members elected to the 2 vacant positions (by-election):
- Ibrahim Shareef, CEO and Managing Director of Maldives Airports Company Limited
- Renato De Olivera, General Manager of The Ritz-Carlton Maldives, Fari Islands and representative of Marriott International
Join us for the Travel Creators Exchange 2024, taking place on February 1, 2024, at the Hotel Jen in Male’, Maldives.
This dynamic event provides a platform for networking and collaboration among Maldives-based travel creators, fostering connections, idea-sharing, and the establishment of lasting partnerships to expand opportunities and monetise content.
Our lineup of distinguished speakers includes:
- Zihuny Rasheed, Deputy Managing Director of MMPRC, will present on “Power of Digital Storytelling: Collaborative Strategies for Destination Promotion.” MMPRC actively markets the Maldives globally, utilising a comprehensive approach that includes travel trade shows, roadshows, digital marketing, and more.
- Amjad Thaufeeg, Commercial Director of Kuda Villingili Maldives Resort, brings over 23 years of hospitality industry experience. He will discuss “The Role of Content in Tourism Marketing,” drawing on expertise in revenue, customer service, sales & marketing, and human capital development.
- Suresh Dissanayake, Assistant Vice President of Sales & Marketing of Heritance Aarah & Adaaran Resorts, with nearly two decades of experience, will shed light on “What does a Sales and Marketing Director Do?” He brings extensive luxury hospitality experience and a proven track record in sales, distribution, and marketing.
- Vishal Amir Ahmed, a versatile cinematographer and content creator, will explore “Who is a Content Creator.” Currently associated with Various Arts Studio, he specialises in providing multimedia solutions to various clients.
Organised by Maldives Insider, Maldives Virtual Tour, Travel Trade Maldives, and Hotelier Maldives, this collaborative effort aims to empower Maldives-based travel content creators and elevate the Maldives as a premier destination for captivating travel storytelling.
Events
Acclaimed contemporary artist Ana Pušica explores perpetuality and community at Patina Maldives
Ana Pušica Kramer, an internationally acclaimed contemporary artist, joins Patina Maldives for an exclusive art residency in the now infamous Fari Art Atelier. From January 22 to February 22, 2024, Ana Pušica will grace the shores of the Fari Islands, weaving a vibrant narrative of colour and emotion across her larger than-life canvases.
Her artistry transcends boundaries, melding abstraction and figuration into awe-inspiring masterpieces. Having exhibited globally, from New York to Beijing, Ana’s paintings are a physical, intuitive act rooted in movement. Described as a “beautiful fluorescent thunderstorm,” Ana’s art explores light and colour, capturing the energy of life itself.
The Fari Art Atelier which has previously hosted the likes of Daniel Arsham, Chris Stamp and David Nott, will be transformed into Ana’s studio and gallery showcasing her enthralling artworks—a mesmerising journey through poetry, memory, and the vibrant interplay of colour. Guests at Patina are invited to delve into Ana’s world, where each stroke reveals layers of meaning, evoking sensations of intense lightness and boundless interpretation.
At Patina Maldives, Ana will immerse herself in a month-long residency, inviting the Patina Malidves community or guests and team to witness her artistic fervour firsthand. Guests will have the rare opportunity not only to observe her creative process but also to engage with and create art alongside this luminary.
Experience artistry at its most exclusive
Art Exhibition
Experience Ana’s captivating exploration of colour and emotion in her spellbinding artworks displayed at the Fari Atelier.
Art Workshops: Message in a Bottle
As part of a collaborative artwork, Ana invites Patina guests to participate in short workshops, actively contributing to the creation of a permanent installation at Patina Maldives.
Open Studio Session
Join Ana for an exclusive open studio session, offering guests a behind the-scenes look at her creative process.
Ana Pušica residency package
Discover a world where creativity knows no bounds as Ana Pušica, the maestro of contemporary art, transforms Patina Maldives into an immersive canvas of inspiration.
Book now to secure your experience.
For more information and reservations, please visit Patina Maldives or contact
reservations.maldives@patinahotels.com
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