What the Act provides, and how the University applies it
- Freedom of association. The Act gives every person the right to form, register and take part in a trade union and to hold office in it, without prior approval. The University does not encourage or discourage staff from joining a particular union, make employment depend on union membership, discriminate in pay, training, advancement, conditions or termination because of past, present or possible union membership, impede staff from exercising their rights under the Act, or threaten or take action against anyone for lawful union activity.
- Recognition and collective bargaining. A trade union may invite an employer to bargain collectively and put forward its proposals. The University responds to such proposals within the 15 days the Act allows. Where discussions have not begun within 30 days, either party may refer the matter to the Director General of Industrial Relations, who facilitates collective bargaining and conciliation. Collective agreements are registered with the Director General within 21 days of being reached.
- Registered unions. Workers’ unions are registered with the Registrar of Unions and regulated by the Labour Relations Authority. The University deals with unions on that basis.
- Resolving disputes. The Director General investigates industrial relations disputes and arranges tripartite labour dialogue, and an Industrial Dispute Resolution Division of the Employment Tribunal hears disputes under the Act. Staff and unions may use these routes, and the University co-operates with them. Within the University, staff may raise matters through the grievance procedure and Human Resources, and may use the appeal routes described on the Appeal Process page.
- Lawful industrial action. The Constitution (Article 31) guarantees the right to strike, and the Act sets how it is exercised: a secret ballot of union members, 48 hours’ notice, peaceful conduct, and no action during collective bargaining, during a state of emergency or by essential workers. The University respects these conditions.
- Working with the national framework. The Act calls for national bodies, including a Tripartite Advisory Board of government, employers and workers, and for subordinate regulations and guidelines, including on the form and content of collective agreements. As these develop, the University works in line with them.
Our practice before the 2024 Act
Maldives National University is a public university established by the Maldives National University Act (Law No. 3/2011). Its employment practices have been conducted in compliance with the laws and regulations that apply to the public sector, including the Employment Act (Act No. 2/2008) and the constitutional rights of workers.
Before the Industrial Relations Act came into effect, disputes between the University and its employees were resolved under the Regulation on Resolving Disputes between Employers and Employees (Regulation R-12/2011), together with the University’s Grievance Policy of 2008 and the Civil Service Regulations on grievances and appeals. The 2024 Act repealed that Regulation and replaced it with the procedures described above. The University has applied the Act since it came into effect.
Legal framework
The Constitution of the Maldives (Article 31, the right to strike); the Industrial Relations Act (Act No. 1/2024), ratified 2 January 2024; the Employment Act (Act No. 2/2008); the Maldives National University Act (Law No. 3/2011); and the regulations issued under the Industrial Relations Act, including those on the registration of trade unions.
Related Pages and Policies
- Workplace Anti-Discrimination,
- Diversity and Inclusion;
- Appeal Process;
- Equivalent Rights for Outsourced and Third-Party Workers;
- Expatriate Staff Welfare;
- Occupational Health and Safety.
Sources
Policy owner: Human Resources.
