Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Maldives (Ratification: 2013)

The Committee notes the observations of the Tourism Employees Association of Maldives (TEAM), received on 29 April 2022, and the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 9 December 2022, referring to matters addressed in this comment. The Committee further notes the TEAM’s observations that the Government has failed to communicate its reports on the application of the Convention with the social partners. The Committee once again requests the Government to share its reports on the Convention with the representative organizations of workers and employers for their observations.

Legislative framework. The Industrial Relations Act. In its previous comments, the Committee expressed its expectation that the Government would adopt without delay the Industrial Relations Act (IRA) following meaningful consultations with workers’ and employers’ organizations and addressing all of the Committee’s observations. The Committee recalls that the Committee on Freedom of Association (CFA) referred the legislative aspects of Case No. 3076 concerning, inter alia, allegations of systematic failure to ensure effective protection of trade union rights both in law and in practice, to this Committee (Report No. 391, October 2019, para. 412(h)). The Committee notes with satisfaction the adoption of the said Act on 2 January 2024 and its entry into force on 2 April 2024, following ILO technical assistance since 2013.

The Committee notes the Government’s indication that: (i) the IRA provides the primary legal framework for regulating labour relations, including the right to form unions and engage in collective bargaining; and (ii) the Regulation on the Registration and Operation of Unions No. R-56/2024 was adopted while additional regulations under the IRA are being finalized. The Committee further notes with interest the broad scope of application of the IRA, that covers both the private and public sectors. The Committee requests the Government to supply copies of the adopted Regulations under the IRA.

Article 1 of the Convention. Protection against acts of anti-union discrimination. Acts covered. The Committee notes with interest that section 12 of the IRA lists prohibited actions from employers, including discrimination in employment-related matters against current, former and prospective trade union members, as well as dismissal or change in employment based on trade union status.

Sufficiently dissuasive sanctions and rapid appeal procedures. The Committee recalls that the effectiveness of legal provisions prohibiting acts of anti-union discrimination is dependent on their enforcement through specific and sufficiently dissuasive sanctions and rapid and effective procedures.

The Committee previously noted the need to amend section 28(b) of the Employment Act to ensure that all workers who allege an anti-union termination, including those on probation or in retirement age, have access, both in law and in practice, to rapid appeal procedures and that they can file a complaint before the Employment Tribunal. The Committee notes that it has received no updated information in this respect. The Committee also previously requested the Government to provide its comments on the 2021 observations of the Maldivian Trade Union Congress (MTUC) in which the latter alleged that workers’ associations cannot represent their members in tribunals and that it takes years for tribunals to reach decisions in employment cases.

The Committee notes with interest that section 99 of the IRA provides for the establishment of an Industrial Dispute Resolution Division within the Employment Tribunal, which is authorized to decide on industrial dispute cases filed with the Employment Tribunal under the IRA or any other law, in accordance with the IRA and the Employment Act

In the light of the above and in the context of the implementation of the new IRA, the Committee requests the Government to: (i) provide specific information, including relevant statistical data, on the application in practice of the legal provisions protecting against anti-union discrimination, specifying the number and average duration of proceedings to treat complaints and the remedies and sanctions imposed; (ii) take the necessary measures to ensure that the workers in probation period and subject to retirement can file a complaint for anti-union discrimination before the Employment Tribunal; and (iii) specify whether the unions can represent their members before the Employment Tribunal.

Article 2. Adequate protection against acts of interference. The Committee notes with interest the Government’s indication that ection 7 of the IRA states that no person shall compel, unduly influence or threaten any person to form a workers’ or employers’ union, or in relation to its operation or in any other matter related to a union. The Committee recalls that “adequate protection” against acts of interference within the meaning of the Convention requires the establishment of rapid appeal procedures and sufficiently dissuasive sanctions against such acts. The Committee requests the Government to specify the legal provisions that provide for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference, and to indicate how adequate protection against such acts is ensured in practice.

Article 4. Promotion of voluntary negotiations and collective bargaining. In its previous comments, the Committee observed the absence of legislation regulating collective bargaining and noted with regret that the Labour Relations Authority was not aware of any collective agreement in force. The Committee notes with interest that: (i) section 74 of the IRA states that the Labour Relations Authority shall guarantee the rights conferred by the IRA to unions, employers and workers and facilitate collective bargaining agreements; (ii) Chapter 8 of the IRA provides a legal framework for collective bargaining; (iii) the IRA provides for the establishment of the Tripartite Labour Advisory Board (TLAB) mandated to advise the Minister in determining Government policies under the Act; and (iv) the duties of the Director-General of Industrial Relations include assisting unions with collective bargaining (section 63(d) of the IRA). The Committee notes that section 85(a) of the IRA obliges the employer to initiate negotiations if the trade union representing the majority of the employer’s employees submits a proposal requesting to hold bargaining. The Committee recalls that the requirement of too high a percentage for representativity to be authorized to engage in collective bargaining may hamper the promotion and development of free and voluntary collective bargaining within the meaning of the Convention (2012 General Survey on the fundamental Conventions, para. 233). The Committee also recalls that where, under a system for nominating an exclusive bargaining agent, there is no union representing the required percentage to be so designated, collective bargaining rights should be granted to all unions in this unit, at least on behalf of their own members. The Committee therefore requests the Government to clarify whether, in cases where no union reaches the required majority threshold to be recognized as the exclusive collective bargaining agent, the existing unions are given the possibility, jointly or separately, to bargain collectively, at least on behalf of their own members.

Level of collective bargaining. The Committee notes that according to section 85(b) of the IRA, a proposal submitted by a trade union requesting workplace collective bargaining must be exclusively in the interest of the workers employed in the same workplace. The Committee requests the Government to indicate whether the new legislation allows for collective bargaining beyond the enterprise level, including the possibility of negotiations at the sectoral or industry-wide level.

Free and voluntary collective bargaining in practice. Lastly, the Committee requests the Government to provide detailed information on: (i) the number of collective agreements concluded and in force, disaggregated, where possible, by the levels at which they are concluded (enterprise, branch and national levels), the sectors concerned and the number of workers covered; (ii) the number and nature of requests related to collective bargaining filed with the Director-General of Industrial Relations, the manner in which they were treated and their outcome; (iii) the number and nature of disputes related to collective bargaining referred to the Industrial Dispute Resolution Division within the Employment Tribunal and their outcome; (iv) the manner in which the Labour Relations Authority guarantees the rights under the IRA and facilitates collective bargaining; and (v) any further measures planned or taken to promote the full development and utilization of collective bargaining.

Highlighting that the adoption of the IRA constitutes a significant step towards full compliance with the Convention, the Committee encourages the Government to continue to avail itself of the technical assistance of the Office in the implementation phase of the IRA.