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Ever since #COVID19 began spreading in #Maldives the need of the hour has been emergency measures to control the spread & to mitigate the impact on lives & livelihoods.
Whilst State agencies have implemented many critical steps, other measures can only be imposed through law.
Whilst State agencies have implemented many critical steps, other measures can only be imposed through law.
Here's a proposal for a #COVID19 Emergency Measures Bill that shows how such legislation might be structured 
https://drive.google.com/file/d/10FMiiIexeeWyBWiM9uO1p6Srfah4KcYN/view?usp=sharing
For those who don't want to wade through 38 pages of "legalese" (um, so, basically everyone
), the (relatively) short version follows...
https://drive.google.com/file/d/10FMiiIexeeWyBWiM9uO1p6Srfah4KcYN/view?usp=sharingFor those who don't want to wade through 38 pages of "legalese" (um, so, basically everyone
), the (relatively) short version follows...
The proposals cover the issues of:
- shelter
- food
- rent increases
- evictions
- rent relief
- profiteering
- employment
- unemployment benefits
- mental well-being
- public utilities & internet charges
- loan relief
- State expenses
- wages of higher-earning State officials
- shelter
- food
- rent increases
- evictions
- rent relief
- profiteering
- employment
- unemployment benefits
- mental well-being
- public utilities & internet charges
- loan relief
- State expenses
- wages of higher-earning State officials
If enacted into law, a ๐ฆ๐ฝ๐ฒ๐ฐ๐ถ๐ฎ๐น ๐ฃ๐ฟ๐ผ๐๐ฒ๐ฐ๐๐ถ๐ผ๐ป ๐ฃ๐ฒ๐ฟ๐ถ๐ผ๐ฑ will be designated where the ๐ฆ๐ฝ๐ฒ๐ฐ๐ถ๐ฎ๐น ๐ฃ๐ฟ๐ผ๐๐ฒ๐ฐ๐๐ถ๐๐ฒ ๐ ๐ฒ๐ฎ๐๐๐ฟ๐ฒ๐ of the law will apply.
Some measures will be activated by a ๐ฆ๐ฝ๐ฒ๐ฐ๐ถ๐ฎ๐น ๐ ๐ฒ๐ฎ๐๐๐ฟ๐ฒ๐ ๐๐ฒ๐ฐ๐ฟ๐ฒ๐ฒ of the President.
Some measures will be activated by a ๐ฆ๐ฝ๐ฒ๐ฐ๐ถ๐ฎ๐น ๐ ๐ฒ๐ฎ๐๐๐ฟ๐ฒ๐ ๐๐ฒ๐ฐ๐ฟ๐ฒ๐ฒ of the President.
The Special Protection Period will run from 1 ๐ ๐ฎ๐ฟ๐ฐ๐ต 2020 until whichever occurs last:
- 31 ๐๐ฒ๐ฐ๐ฒ๐บ๐ฏ๐ฒ๐ฟ 2020, or the lifting of
- the current State of Public Health Emergency or
- any State of Emergency declared under the Constitution to help control the pandemic.
- 31 ๐๐ฒ๐ฐ๐ฒ๐บ๐ฏ๐ฒ๐ฟ 2020, or the lifting of
- the current State of Public Health Emergency or
- any State of Emergency declared under the Constitution to help control the pandemic.
Persons who are to be given additional protections are designated ๐ฆ๐ฝ๐ฒ๐ฐ๐ถ๐ฎ๐น๐น๐ ๐ฃ๐ฟ๐ผ๐๐ฒ๐ฐ๐๐ฒ๐ฑ ๐ฃ๐ฒ๐ฟ๐๐ผ๐ป๐. They are those who are:
- homeless or starving
- infected or at high risk of being infected
- single parents
- persons with special needs
- guardians of minors
- homeless or starving
- infected or at high risk of being infected
- single parents
- persons with special needs
- guardians of minors
Other Specially Protected Persons are:
- health professionals
- emergency service providers
- anyone unable to return to their usual place of residence due to COVID-19
- migrant workers abandoned by their employers
- health professionals
- emergency service providers
- anyone unable to return to their usual place of residence due to COVID-19
- migrant workers abandoned by their employers
๐ฆ๐ต๐ฒ๐น๐๐ฒ๐ฟ
The following acts will be prohibited during the Special Protection Period:
- increasing rent
- terminating rent agreements
- evictions
- obstructing provision of public utilities
- hindering tenants' access to premises
- any act intended to force tenants to vacate
The following acts will be prohibited during the Special Protection Period:
- increasing rent
- terminating rent agreements
- evictions
- obstructing provision of public utilities
- hindering tenants' access to premises
- any act intended to force tenants to vacate
Any of the prohibited acts committed between 1 March 2020 & the day the law comes into effect ๐บ๐๐๐ ๐ฏ๐ฒ ๐ฟ๐ฒ๐๐ฒ๐ฟ๐๐ฒ๐ฑ ๐ฏ๐ ๐๐ต๐ฒ ๐น๐ฎ๐ป๐ฑ๐น๐ผ๐ฟ๐ฑ ๐๐ถ๐๐ต๐ถ๐ป 3 ๐ฑ๐ฎ๐๐ of the law coming into effect.
Where any rent increase has already been paid, the tenant may deduct that amount from the rent payment for the following month.
Tenants do not need to request for the relief to be granted; it is the responsibility of the landlord to ensure the relief is provided.
Tenants do not need to request for the relief to be granted; it is the responsibility of the landlord to ensure the relief is provided.
Rent reductions & waivers entitle the landlord to tax credits.
To qualify, rent reductions must be not less than 20% of the rent & the reduced amount must not be payable at a later date.
Rent waivers must be of the entire month's rent for however many months.
To qualify, rent reductions must be not less than 20% of the rent & the reduced amount must not be payable at a later date.
Rent waivers must be of the entire month's rent for however many months.
The monthly rent of premises leased for residential purposes from entities with State shareholding is adjusted for the Special Protection Period:
- 20% waived
- 30% deferred for not less than 1 year
This adjustment covers instalment payments for "Social Housing" projects.
- 20% waived
- 30% deferred for not less than 1 year
This adjustment covers instalment payments for "Social Housing" projects.
Specially Protected Persons are granted a higher rate of relief for rent/instalment payments to entities with State shareholding:
- 30% waived
- 40% deferred for not less than 1 year
๐ง๐ฎ๐ ๐ฐ๐ฟ๐ฒ๐ฑ๐ถ๐๐ for rent reductions range from 15 - 50%
For waivers, the rate is 25 - 75%
- 30% waived
- 40% deferred for not less than 1 year
๐ง๐ฎ๐ ๐ฐ๐ฟ๐ฒ๐ฑ๐ถ๐๐ for rent reductions range from 15 - 50%
For waivers, the rate is 25 - 75%
The State must establish ๐๐บ๐ฒ๐ฟ๐ด๐ฒ๐ป๐ฐ๐ ๐ฆ๐ต๐ฒ๐น๐๐ฒ๐ฟ๐ in each administrative district, in association with local councils, CSOs, volunteers & businesses.
All costs of housing migrant workers in Emergency Shelters must be borne by the respective employers of those workers.
All costs of housing migrant workers in Emergency Shelters must be borne by the respective employers of those workers.
Any resort that has temporarily ceased operations may be taken over by the govt as an Emergency Shelter.
No fees are payable by the govt for such use of resorts, but an appropriate amount (as decided by the President) may be deducted from future head lease payments.
No fees are payable by the govt for such use of resorts, but an appropriate amount (as decided by the President) may be deducted from future head lease payments.
๐๐ผ๐ผ๐ฑ
The State must establish ๐๐บ๐ฒ๐ฟ๐ด๐ฒ๐ป๐ฐ๐ ๐๐ผ๐ผ๐ฑ ๐๐ถ๐๐๐ฟ๐ถ๐ฏ๐๐๐ถ๐ผ๐ป ๐๐ฒ๐ป๐๐ฟ๐ฒ๐ in every inhabited island, in association with local councils, CSOs, volunteers & businesses.
Any party assisting in providing food from such Centres is entitled to tax credits.
The State must establish ๐๐บ๐ฒ๐ฟ๐ด๐ฒ๐ป๐ฐ๐ ๐๐ผ๐ผ๐ฑ ๐๐ถ๐๐๐ฟ๐ถ๐ฏ๐๐๐ถ๐ผ๐ป ๐๐ฒ๐ป๐๐ฟ๐ฒ๐ in every inhabited island, in association with local councils, CSOs, volunteers & businesses.
Any party assisting in providing food from such Centres is entitled to tax credits.
It will be prohibited to increase prices of food, goods or services beyond 5% of their usual (pre-emergency) price.
Where the govt believes the price has been set to take undue advantage of the public's situation, then it may control the price of such food, goods or services.
Where the govt believes the price has been set to take undue advantage of the public's situation, then it may control the price of such food, goods or services.
Any party found to have profiteered during the Special Protection Period must surrender all such profits within 7 days. The govt may impose fines for non-compliance.
All surrendered profits will go to a ๐ก๐ฎ๐๐ถ๐ผ๐ป๐ฎ๐น ๐๐๐ป๐ฑ ๐ณ๐ผ๐ฟ ๐๐ผ๐บ๐บ๐๐ป๐ถ๐๐ ๐ฅ๐ฒ๐ฐ๐ผ๐๐ฒ๐ฟ๐.
All surrendered profits will go to a ๐ก๐ฎ๐๐ถ๐ผ๐ป๐ฎ๐น ๐๐๐ป๐ฑ ๐ณ๐ผ๐ฟ ๐๐ผ๐บ๐บ๐๐ป๐ถ๐๐ ๐ฅ๐ฒ๐ฐ๐ผ๐๐ฒ๐ฟ๐.
๐๐บ๐ฝ๐น๐ผ๐๐บ๐ฒ๐ป๐
Effective from 1 March 2020 & including anyone who was an employee on 29 Feb 2020, all unilateral decisions by employers to reduce employees' wages, withhold Ramazan benefits, or subject them to unpaid leave or temporary lay-offs or redundancy are annulled.
Effective from 1 March 2020 & including anyone who was an employee on 29 Feb 2020, all unilateral decisions by employers to reduce employees' wages, withhold Ramazan benefits, or subject them to unpaid leave or temporary lay-offs or redundancy are annulled.
Any employee who was placed on unpaid leave, or temporary laid-off, or made redundant after 29 February 2020 will instead be deemed to have been placed on "๐ณ๐๐ฟ๐น๐ผ๐๐ด๐ต" with ๐ป๐ผ ๐น๐ผ๐๐ ๐ผ๐ณ ๐ฒ๐บ๐ฝ๐น๐ผ๐๐บ๐ฒ๐ป๐ & ๐ป๐ผ ๐ฟ๐ฒ๐ฑ๐๐ฐ๐๐ถ๐ผ๐ป ๐ถ๐ป ๐๐ฎ๐ด๐ฒ๐.
Employees on furlough will be paid their normal wages, apportioned between the employer (20 - 40%) & the State (60 - 80%).
All payments made by the State are reimbursable by the employer. In making this reimbursement, employers may not make deductions from the employee's wages.
All payments made by the State are reimbursable by the employer. In making this reimbursement, employers may not make deductions from the employee's wages.
Employers who make use of the furlough scheme must undergo a special audit by the Auditor General or his nominee.
For this special audit, those employers must submit to the Auditor General within 7 days ๐ฎ๐น๐น ๐๐ต๐ฒ๐ถ๐ฟ ๐ณ๐ถ๐ป๐ฎ๐ป๐ฐ๐ถ๐ฎ๐น ๐ฟ๐ฒ๐ฐ๐ผ๐ฟ๐ฑ๐ for the past 5 years.
For this special audit, those employers must submit to the Auditor General within 7 days ๐ฎ๐น๐น ๐๐ต๐ฒ๐ถ๐ฟ ๐ณ๐ถ๐ป๐ฎ๐ป๐ฐ๐ถ๐ฎ๐น ๐ฟ๐ฒ๐ฐ๐ผ๐ฟ๐ฑ๐ for the past 5 years.
Employers who choose to not use the furlough scheme & dismiss employees will be ๐ฑ๐ฒ๐ฒ๐บ๐ฒ๐ฑ ๐ถ๐ป ๐ฏ๐ฟ๐ฒ๐ฎ๐ฐ๐ต of the Employment Act.
In addition to imposing penalties under the Employment Act, the Employment Tribunal is to award 2 months' wages as compensation to the employee.
In addition to imposing penalties under the Employment Act, the Employment Tribunal is to award 2 months' wages as compensation to the employee.
All probation periods are to be suspended with no loss of employment.
Where any employee has not been paid Ramazan benefits, the govt is to pay those benefits before the end of Ramazan. The benefits paid by the govt are to be reimbursed to the govt by the respective employers.
Where any employee has not been paid Ramazan benefits, the govt is to pay those benefits before the end of Ramazan. The benefits paid by the govt are to be reimbursed to the govt by the respective employers.
Any employee within the category of Specially Protected Persons ๐บ๐ฎ๐ ๐ป๐ผ๐ ๐ฏ๐ฒ ๐ฑ๐ถ๐๐บ๐ถ๐๐๐ฒ๐ฑ ๐ณ๐ผ๐ฟ ๐ฎ๐ป๐ ๐ฟ๐ฒ๐ฎ๐๐ผ๐ป during the Special Protection Period.
There is no hindrance to the imposition during this period of disciplinary measures under the Employment Act.
There is no hindrance to the imposition during this period of disciplinary measures under the Employment Act.
The State is to pay monthly benefits to
- self-employed persons and freelancers, based on their average monthly income between 1 December 2019 & 29 February 2020
- unemployed persons
Such benefits paid by the State are ๐ป๐ผ๐ ๐๐ผ ๐ฏ๐ฒ ๐ฐ๐ผ๐ป๐๐ถ๐ฑ๐ฒ๐ฟ๐ฒ๐ฑ ๐น๐ผ๐ฎ๐ป๐ in any way.
- self-employed persons and freelancers, based on their average monthly income between 1 December 2019 & 29 February 2020
- unemployed persons
Such benefits paid by the State are ๐ป๐ผ๐ ๐๐ผ ๐ฏ๐ฒ ๐ฐ๐ผ๐ป๐๐ถ๐ฑ๐ฒ๐ฟ๐ฒ๐ฑ ๐น๐ผ๐ฎ๐ป๐ in any way.
Two special types of leaves are to be created. Both are to be separate (& not deductible) from any leave currently granted by the Employment Act.
Each employee is entitled to paid leave of up to 2 days per month as ๐บ๐ฒ๐ป๐๐ฎ๐น ๐๐ฒ๐น๐น-๐ฏ๐ฒ๐ถ๐ป๐ด ๐ฟ๐ฒ๐๐ถ๐๐ฎ๐น ๐น๐ฒ๐ฎ๐๐ฒ.
Each employee is entitled to paid leave of up to 2 days per month as ๐บ๐ฒ๐ป๐๐ฎ๐น ๐๐ฒ๐น๐น-๐ฏ๐ฒ๐ถ๐ป๐ด ๐ฟ๐ฒ๐๐ถ๐๐ฎ๐น ๐น๐ฒ๐ฎ๐๐ฒ.
Apart from the request itself, ๐ป๐ผ ๐ฑ๐ผ๐ฐ๐๐บ๐ฒ๐ป๐๐ฎ๐๐ถ๐ผ๐ป ๐บ๐ฎ๐ ๐ฏ๐ฒ ๐ฟ๐ฒ๐พ๐๐ถ๐ฟ๐ฒ๐ฑ ๐ณ๐ฟ๐ผ๐บ ๐๐ต๐ฒ ๐ฒ๐บ๐ฝ๐น๐ผ๐๐ฒ๐ฒ.
No adverse impact is permitted on the career of any employee who takes such leave.
No adverse impact is permitted on the career of any employee who takes such leave.
๐๐ข๐ฉ๐๐-19 ๐๐ฟ๐ฒ๐ฎ๐๐บ๐ฒ๐ป๐ ๐น๐ฒ๐ฎ๐๐ฒ may be availed by any employee who has been:
- infected or admitted for treatment
- requested to self-isolate by health authorities or
- residing in a place under monitoring status
- quarantined
- infected or admitted for treatment
- requested to self-isolate by health authorities or
- residing in a place under monitoring status
- quarantined
๐ฃ๐๐ฏ๐น๐ถ๐ฐ ๐๐๐ถ๐น๐ถ๐๐ถ๐ฒ๐ & ๐ถ๐ป๐๐ฒ๐ฟ๐ป๐ฒ๐ ๐ฐ๐ต๐ฎ๐ฟ๐ด๐ฒ๐
During the Special Protection Period, charges for public utilities & internet & phone services must be reduced by between 25 โ 40%, as decided by the govt.
During the Special Protection Period, charges for public utilities & internet & phone services must be reduced by between 25 โ 40%, as decided by the govt.
Public utilities & internet & phone services may not be suspended during the Special Protection Period.
The following is also prohibited:
- increase in fees
- changes to usage calculation
The following is also prohibited:
- increase in fees
- changes to usage calculation
๐๐ผ๐ฎ๐ป ๐ฟ๐ฒ๐น๐ถ๐ฒ๐ณ & ๐ฆ๐๐ฎ๐๐ฒ ๐ฒ๐
๐ฝ๐ฒ๐ป๐ฑ๐ถ๐๐๐ฟ๐ฒ
- repayments of certain types of loans to be suspended
- no interest to accrue
- maximum interest rate permitted shall not exceed 3% p.a
- compound interest prohibited
- enforcement of mortgage agreements to be suspended
- repayments of certain types of loans to be suspended
- no interest to accrue
- maximum interest rate permitted shall not exceed 3% p.a
- compound interest prohibited
- enforcement of mortgage agreements to be suspended
The Auditor General must make special rules in line with recommendations by the ACC for public finance expenditure
Wages of State officials & employees of entities with State shareholding
- under 20k: no deductions
- 20 to 30k: 10%
- 30 to 50k: 25%
- 50k & above: capped at 50k
Wages of State officials & employees of entities with State shareholding
- under 20k: no deductions
- 20 to 30k: 10%
- 30 to 50k: 25%
- 50k & above: capped at 50k
Other measures
- refusing service to health professionals & expatriates prohibited
- wages of SOE board members to not exceed Permanent Secretaries' wages
- employers to whose staff the State has paid benefits may not bid for public contracts until they have reimbursed the State
- refusing service to health professionals & expatriates prohibited
- wages of SOE board members to not exceed Permanent Secretaries' wages
- employers to whose staff the State has paid benefits may not bid for public contracts until they have reimbursed the State
Of course it's very likely I've missed out very critical issues. Some will also feel the proposals don't go far enough, others that they are too much.
The draft is intended to serve as an aid to reasoned discussion & debate, not to be the final word. I hope it helps.
#StaySafe
The draft is intended to serve as an aid to reasoned discussion & debate, not to be the final word. I hope it helps.
#StaySafe
