Soldiers, police officers and other uniformed personnel of civilian law enforcement agencies have been included among workers ineligible for compensation for workplace injuries.
Chapter Eight of the occupational health and safety law passed by Parliament last week specifies costs and compensation for workplace injuries. The chapter also lists exceptions for the rules on awarding compensation, which are:
- Independent contractors
- Domestic workers
- Self-employed persons
- Soldiers, police officers and other uniformed members of employees of civilian law enforcement agencies
In the case of other workers, if the injury is sustained at a place beyond the control of the employer, compensation would not be required.
The reason for exempting uniformed personnel from compensation is unclear. When Ihavandhoo MP Mohamed Shifau, chair of Parliament's Social Affairs Committee, was questioned, he told Adhadhu that the provision was in place when the government submitted the bill.
Despite the provision, the law does specify circumstances whereby the exempted workers could seek compensation. If the incident occurred at a workplace that was not under the control of the uniformed officer or employer, compensation could be sought for the injury.
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The safety standard provided for workers by the law covers injuries sustained during a work activity out of the Maldives.
Eligibility for compensation
The occupational health and safety law details the types of compensation to be awarded for workplace injuries, including:
- Healthcare cost for treatment of the injury
- Remuneration for work days missed due to requiring medical treatment
- Compensation for temporary or permanent disability
- Compensation in cases of death
Cases where compensation cannot be awarded include self-caused harm, injury sustained under the influence of drugs, injury caused in an accident on the way to work and injury caused during travel for personal purposes. In such cases, heirs would not be eligible for compensation in the event of death.
When an employee seeks compensation, the employers must provide an answer in writing within 30 days.
Other important matters stated in the bill include the rights of workers, responsibilities of employers and duties of a council and director's post to be formed under the law. Regulations required under the law upon ratification were also specified.
The passage of a law on occupational health and safety comes after many years of advocacy. Enacting the law is also an obligation under international labor conventions signed by the Maldives.
