When you move overseas to start a new job your mind is
always buzzing with a multitude of questions – Will it be as good as I expected? Is it really what
it looks like in the photos? Will I like my colleagues? Will my colleagues like
me? Will they have slides and a Starbucks just like at the Google Headquarters? (Maybe that's just me). But it seems that very often a pretty important question gets forgotten amidst the giddy whirlwind of relocating to a new country for work: Do I
know my employment rights in this country? For sure, this question won't seem too pressing as you gleefully bounce
off to your new office, full of optimism. And it’s certainly a far less sexy conundrum than ‘do I have enough
bikinis with me?’ and 'I wonder if flip-flops are acceptable for business meetings' (The answer to the latter: Yes, in the Maldives, but definitely a big no-no in Sri Lanka!)
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| Probably wouldn't wear these in the boardroom |
Now I’m not going to pretend for an instant that I know everything about being an expat or indeed employment law; all I can do is speak from my experience of having lived away from Britain for the past six years and what I have witnessed during this time, which has made me realise just how important the issue actually is. I’m not saying every foreign employer is out to screw you over. Far from it. But as a newcomer to a country you're in a vulnerable position when you don’t have any ties and you don’t yet know how things work, so there could be some unscrupulous employers who could take advantage of that. (At this point I’ll also like to emphasize that we definitely get dodgy bosses in the UK too, although I was lucky enough to work with some wonderful ones!).
So what can you do to protect yourself from getting exploited or illegally sacked? Well, ‘scientia potentia est’ - knowledge is power! Equip yourself with some basic knowledge about your employment rights, so if something in the office starts to seem a bit fishy (and I don't mean the fridge) or your boss tries to make you do something that just doesn’t feel quite right, follow your ‘spidey-senses’. And subtly let them know that you are aware that it isn't right; see if they take the hint. If the country you work in has an Employment Act, then it was put there for a reason: to protect all workers, local and foreign alike.
I'll use the Maldives as an example, being as it’s where I've spent the majority of my expat life (so far). I managed to get hold of an
English translation of the Employment Act of the Maldives which I posted on my website in its entirety after reading some
comments in expat forums which indicated a lot of confusion from expats about their rights.
(Be warned, it’s quite a lengthy document!).
Before I continue, I have to say the Maldives is a brilliant place to
do business. There are so many creative and imaginative people to work with, and
a great spirit of entrepreneurship - almost everyone living there has an idea
for a start-up. However, just like absolutely any country in the world,
sometimes people get mistreated by their employers. (I’m not going
to go into the issue right now of the exploitation of Bangladeshi labourers as it's frequently covered in the superb Maldives Independent).
Here’s an example of something I witnessed. I had a friend (a marketing manager) whose company retained her passport for the whole duration of the time she was working for them; almost a year. Now in case any alarm bells aren’t going off in your head, it is totally illegal in any country in the world for your employer to retain your passport for any period longer than is necessary for doing something administrative, such as processing your visa. In a nutshell, they tried to force her to sign a contract which would cut her salary in half (again – totally illegal). Being a gutsy girl, she decided to stand up for herself instead of running away, and went to her consulate for advice. Naturally, the officials were really sympathetic and got involved in helping her. The case concluded (out of court) with her passport - and the passports of all Filipino workers in the Maldives - being returned to them. A massive success! But having had such an upsetting experience in the Maldives, she decided to head off to a brighter future elsewhere in the world.
Here’s an example of something I witnessed. I had a friend (a marketing manager) whose company retained her passport for the whole duration of the time she was working for them; almost a year. Now in case any alarm bells aren’t going off in your head, it is totally illegal in any country in the world for your employer to retain your passport for any period longer than is necessary for doing something administrative, such as processing your visa. In a nutshell, they tried to force her to sign a contract which would cut her salary in half (again – totally illegal). Being a gutsy girl, she decided to stand up for herself instead of running away, and went to her consulate for advice. Naturally, the officials were really sympathetic and got involved in helping her. The case concluded (out of court) with her passport - and the passports of all Filipino workers in the Maldives - being returned to them. A massive success! But having had such an upsetting experience in the Maldives, she decided to head off to a brighter future elsewhere in the world.
I've also known of expats being illegally sacked then bundled
onto planes the next day to be deported before they have time to think, let alone protest. And on one occasion a Welsh friend was tricked into thinking he had to leave the country because his dodgy ex-boss had paid someone to
attend a fake 'reconciliation meeting' so they could frogmarch him to the airport and send him home. The same guy came back a few months later to start a job with a new employer, where he worked happily for the next couple of years. He said he had appreciated the impromptu free ticket home and his mum's home cooking, but he always had a funny way of looking at things.
Now it's worth pointing out the Maldives Employment Act was introduced in about 2009, so I'd be surprised if any employer tries to claim ignorance of it in 2016 - which of course is no defence in law anyway.
If you find yourself in a pickle, then get your embassy or consulate involved as soon as you can; it offers a level of protection. And if you are involved with legal proceedings against your employer then you have a right to stay in the country you were working in, whether your visa has been cancelled or not. You usually need to write to the Immigration Controller to explain that you are involved in a legal case which means you have the right to stay in the country. As such, your visa is informally ‘frozen’, so even if your employer cancels it you have a right to remain while the case goes on (at least, that's how it works in the Maldives).
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| They should have rolled out the red carpet for him, really |
If you find yourself in a pickle, then get your embassy or consulate involved as soon as you can; it offers a level of protection. And if you are involved with legal proceedings against your employer then you have a right to stay in the country you were working in, whether your visa has been cancelled or not. You usually need to write to the Immigration Controller to explain that you are involved in a legal case which means you have the right to stay in the country. As such, your visa is informally ‘frozen’, so even if your employer cancels it you have a right to remain while the case goes on (at least, that's how it works in the Maldives).
In the
Maldives, the Employment Tribunal is free and is highly-regarded for not being corrupt (always a
bonus!) as well as for taking the cases seriously. The downside: Everything is
conducted in the local language; from the paperwork you need to fill in to file
the case, right through to the actual hearing in the courtroom. Plus if you bring any witnesses they will need to swear on the Quran. Testimonies from non-Muslims are not considered 'official testimonies', but they will 'unofficially take them into consideration'. If you don’t know
how to speak and write in Dhivehi, you need either a lawyer (or a good friend,
depending on how serious the case is) to help translate and guide you through everything.
However, you do need to weigh up whether it’s all worth the fight or not. I admire anyone who stands up for their principles, but you do need to ask yourself if you are prepared to commit the time and effort into pursuing the case. If you do stay and fight for your rights when you believe you have been wronged under the law of the country you are working in, then good for you - by standing up for your rights you’re helping to protect future employees from getting treated the same way. Employers will certainly think twice before doing the same thing again after being dragged through the Tribunal.
So, in summary, here are my top tips, which can be applied to working
as an expat in any country:
However, you do need to weigh up whether it’s all worth the fight or not. I admire anyone who stands up for their principles, but you do need to ask yourself if you are prepared to commit the time and effort into pursuing the case. If you do stay and fight for your rights when you believe you have been wronged under the law of the country you are working in, then good for you - by standing up for your rights you’re helping to protect future employees from getting treated the same way. Employers will certainly think twice before doing the same thing again after being dragged through the Tribunal.
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| Beastie Boys/Hiphopgoldenage: They knew how to fight for their right (s)... |
Always find out your rights by reading the Employment Act of the country you're working in as soon as you can
Remember your employer can never keep hold of your passport, wherever you are from – this is totally illegal
Remember your employer can never keep hold of your passport, wherever you are from – this is totally illegal
If you have problems, ask your embassy or consulate for
support and advice
Find out if there is an Employment Tribunal, and if you can,
how transparent it is
Share your problems with your friends – this stuff can be
very stressful!
…And finally some highlights of the Maldives Employment Act (edited a bit to fit in this post!):
…And finally some highlights of the Maldives Employment Act (edited a bit to fit in this post!):
- An employee shall not be dismissed from employment without showing appropriate cause
- The employment agreement can specify a term of no more than three months' probation
- Employees shall not be required to work overtime except unless this has been agreed in the employment agreement. Any work carried out over time shall be subject to time and a half or time and a quarter
- An employee required to work normal hours on a public holiday shall be paid at least an amount equivalent to half of the minimum wages earned on a normal day of work in addition to overtime
- Where the employee does not conform to work ethics, the employer has the power to impose appropriate and reasonable disciplinary measures: verbal warning, written warning, suspension for less than 14 days, or possible demotion. The employer has to prove you breached work ethics or neglected your duties, and show he gave a verbal warning then a written warning before dismissal.
- Complaints may be lodged at the Tribunal by any employee concerning the fairness of the disciplinary measures imposed against him/her.
