most resorts ignore the provision
some resorts allow friday with reduced work hours
some resorts allow off days to accumulate
those resorts which do not allow days to accumulate cos of supervisor or manager sees it fit. not necessarily policy.
most colleagues in various depts would agree to hold port till their colleagues come back from extended leaves…
What would happen if the this were to happen? Would indeed this happen and who would benefit most? These are all important questions easier to be asked than to be answered as is the case with most questions that are answerable. As for the fact that the law is binding and compliance is required is a mere statement on paper. What is supposed to happen is for the employers to find fault with the law (as had already happened) and find ways to water down the law to suit them. This is nothing new. Rule of law is applicable to the masses. To the elites same law would have to be customized to suit their needs. Hence MATI with its loyal fat business clientèle has summoned their fat legal team and are said to be discussing changes to labor law. One should not be too much surprised if they have it their way because there is very little awareness in the public about how serious the implications of these issues will be.
In the short term all resort managements will do their part in conforming to labor law provisions some with obvious signs of feet dragging while others taking things in their stride. Those resorts who would not find much difficulty implementing the law requirements would mostly be the big already reputed to be good to staff resorts such as W, Four Seasons, Banyan Tree etc. What that is easier for these resorts to adjust is the portion of service charge to staff of which they were distributing a bigger percentage to staff than the other resorts which are renown for notoriety to staff such as Universal group resorts and Villa and Champa group resorts. These resorts would have to find ways to adjust their accounts to where service charge was involved as service charge is to be wholly distributed staff by law.
As for the other requirements such as the 48 hour week all the talk that was then prevalent is now reversed by a turn of 180 degrees. The industry bosses had predicted that the resorts would have to take on additional staff to comply with time restrictions of the law which at present seems not to be the case. In fact most Human Resources departments in resorts are now compiling lists of redundant staff citing compliance to labor law requires them to cut cost which means job cuts .
Whatever will be will be and the coming weeks and months will show where the industry heading. In the bigger picture the prospects doesn’t seem to be all sad and gloomy as compliance to labor laws will inevitably force some unwilling hands of the tourism industry from the economic slavery they have been subjecting our fellow resort workers for some long long time.
First it was Reethi Rah resort staff followed by Anantara staff in solidarity with them, next comes Medhuparu staff all demanding basically that the resorts follow the rule of law. Quite simple eh?
But the managements of these resorts don’t seem to agree.
Here are some points to ponder:
• At anantara the HR has teamed up with Universal Group to get clarifications of the various points of the law basically because the HR is headed by an expat (expats are more cautious when it comes to matters of law and rightly so…) but the point here is that as one of the most reputed staff friendly resort as Anantara is they have chose then worst possible partner to discuss staff issues. Universal Resorts Group is renown for its notoriety to staff and Anantara stands to loose from such collaborations at least in reputation.
• W Maldives by far the best employer in terms how much service charge they can pay to staff also has agreements with Universal Group as they have lease agreements of 2 islands from the group but w Maldives doesn’t seem to be as fond of asking clarification of every clause of law from Universal Group lawyers. Y?
• Compared to Anantara Bandos Island is basically a one man job with Mr. Waheedu Deen as the owner and yet Bandos has preempted compliance to the labor law even before the law came in force. While Anantara boasts many hotel properties worldwide it is still struggling to follow through compliance to labor law.
• The 8 hours work to be deduced from a clause of the labor law was interpreted by Anantara lawyers as meant to mean 8 hours work exclusive of meal times and rest times etc etc. if this same logic is applied to all ranges of work in equal measure to resort workers, some workers will fail to do their 8 hours work no matter how hard they try. Take for example the case of telephone operator. If work is meant in this case the time spent in work then a telephone operator’s work consists of talking on phone and call timers in pabx system will be the best indicator of the work he or she did on a particular shift or day. Now it remains to be seen whether an average size resort’s operator can talk 8 hours call time in 24 hours! I doubt this.
• Although Anantara management like all managements reiterate that they don’t temper with service charge its simply not true… like Gayoom said. Lol. The proof lies in 2 staff meetings where the management said they would have to deduct some monies from service charge for damages caused by staff (1 was the case of a flat screen tv which was broken by construction staff, another was a time when some monies were stolen from a guest room).
Many more points to come…
Send ur comments and happy reading!