Doing Business in Jamaica: Hiring and Employment
Before embarking on any business venture, is it important to first identify the possible sources of labour, evaluate which is most cost efficient and productive, and investigate the legal requirements to employ this labour source.
Whether hiring from overseas of hiring locally, the law sets out several criteria and requirements that must be satisfied.
The legal framework surrounding overseas employment in Jamaica is governed by theForeign Nationals and Commonwealth Citizens (Employment) Act and theCaribbean Community Free Movement of Skilled Persons Act. The Work Permit section of the Ministry of Labour and Social Security in Jamaica is responsible for the administration of these Acts.
HIRING A FOREIGN NATIONAL
In order for a foreign national to work in Jamaica, they must first obtain a work permit. A work permit authorizes the person to work in Jamaica for a specific period of time, according to its specifications.
The application for a work permit on behalf of the employee can be made through the prospective employer or through legal representation.
The employer must state the reason for applying for the work permit and must also state the efforts taken to recruit a Jamaican national. The application form must be submitted as well as proof of qualification, a police record, resume, proof of Business Registration, Tax Compliance Certificate, copies of employee’s passport showing identification page as well as landing status and relevant visas, two photographs and a completed and signed TRN Form.
The fees for work permits vary from JA$27,000 for the Work Permit fee for periods up to three (3) months, to J$81,000 for Work Permits over nine (9) months but less than one (1) year. The Application Fee is JA$14,400. Work Permits granted for any period in excess of one (1) year JA$27,000 for every three (3) month period or part thereof. A fee of JA$7,200.00 or its equivalent will be charged to replace ID Cards lost, damaged or stolen.
Whenever a person to whom a Work Permit has been granted wishes to withdraw his/her services from one employer and take up employment with another before the expiration of the current Work Permit the applicant is required to submit a letter from the previous employer when making a new application, advising whether or not there is any objection to the applicant accepting employment elsewhere in Jamaica.
EMPLOYMENT LAWS IN JAMAICA
Jamaica has several laws regulating the employment sector government issues such as recruitment, discrimination, minimum wage, absence from work and time off, remuneration, collective bargaining, holidays, termination, redundancy, leave and safety in the workplace and factories. Some key pieces of legislation include:
Employment (Equal Pay For Men and Women) Act
Employment (Termination and Redundancy Payments) Act
Employment (Termination and Redundancy Payments) Regulations, 1974
Factories Act: Building Operations and Works of Engineering Construction (Safety, Health and Welfare) Regulations
Factories Act: Docks (Safety, Health and Welfare) Regulations
Factories Regulations, 1961
Factories Act: Rules
Foreign Nationals and Commonwealth Citizens (Employment) Act
Holidays with Pay Act
Labour Officers (Powers) Act
Labour Relations and Industrial Disputes Act
Labour Relations and Industrial Disputes: Labour Relations Code
Labour Relations and Industrial Disputes Regulations, 1975
Maternity Leave Act
Minimum Wage Act
Minimum Wage Act Orders
Women (Employment of) Act
Workmen’s Compensation Act
New employers or existing employers are always encouraged to get advice from an Attorney-at-Law with employment issues. An attorney can also draft employment contracts, termination letters, warnings to employees, employee handbooks and policies to ensure they are complaint with the law.
AUGUST 31, 2016