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EMPLOYMENT REGULATIONS IN THE CAYMAN ISLANDS

Non-Caymanians or people not legally and not ordinarily resident in the Cayman Islands are not allowed to work in the Cayman Islands without a work permit. Under the Immigration Law (2003), a person or his/her employer may apply for a work permit to the Work Permit Board or the Business Staffing Plan Board for employment in Grand Cayman, or to the Cayman Brac and Little Cayman Immigration Board for employment in the Sister Islands. In Grand Cayman, all businesses employing fifteen or more work permit holders must submit their work permit application through the Business Staffing Plan Board as opposed to the Work Permit Board. Businesses employing fewer than fifteen work permit holders have the option of applying to either of these boards. The boards may grant work permits for up to three years. Five-year permits can also be granted to holders of certain positions that have been approved under a business-staffing plan. A work permit holder can work continuously for no more than seven years. After this, the board can’t normally grant any further work permits until that person has left the Islands for at least two years. The only exceptions to this would be a worker designated an ‘exempted employee’ in a business staffing plan, or where there are exceptional circumstances. In such cases, the board may, at its discretion, grant additional work permits to enable the person to complete an aggregate period of eight years, thus making him or her eligible to apply for the status of permanent residence.

 

Under the Labor Law (2001 Revision), every employer who enters into a contract of employment with an employee shall within ten working days of entering into such contract, furnish the employee with a written statement of his conditions of employment. This statement covers, amongst other things, job title, responsibilities, special requirements, regular working hours, rate of remuneration, and period of employment if any. Labor Tribunals have been established under the Law for the purpose of hearing complaints from employers and employees, though provision has also been made for the complaints to first go through a Conciliation and Mediation process. In the event that this process fails to resolve the situation it is then referred to the Labor Tribunal. There is currently no National Minimum Wage in the Cayman Islands. Under the Health Insurance Law (2003 Revision), an employer must pay the standard premium of any standard health insurance contract issued by an approved insurer. Up to 50 per cent of this premium can be recovered directly or deducted from the employee’s salary. Health insurance coverage is also required for an employee within the first fifteen days of employment. Under the National Pensions Law (2000 Revision), employers don’t have to provide pension plans or contribute to pension plans for employees who do not have Caymanian status, or who are not permanent residents in the Cayman Islands during the first nine months of their employment. Employers are responsible for providing a pension plan for eligible employees, and for maintaining current information with the National Pensions Office.

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