Minister discusses Work Permit Renewals

 Minister for Labour, Hon. Eileene L. Parsons, told members of the Legislative Council at the 14 December Sitting that she had recently met with members of the BVI Chamber of Commerce and Hotel Association (BVICCHA) to discuss the draft Labour Code Bill, 2005.  Hon. Parsons described the meeting as successful and productive and thanked the members of the BVICCHA who participated. She disclosed that members of the Chamber’s Business and Hospitality Sector raised concerns about the potential impact that a term limits will have on their business.

Hon. Parson pointed out that Government fully understands and appreciates the important role that the hospitality Services play in the development of the  BVI economy. “While we would be at-pains not to jeopardize this, still a balance must be struck with reference to the issuing of unlimited work permit renewals,” Hon. Parson said.

The Minister responsible for Labour pointed out that other UK Overseas Territories, such as Bermuda and the Cayman Islands have already instituted controls in the area of work permits. She went on to say that the term limit stipulations employed by those territories were even more severe than what is being proposed in the Draft Labour Code of the BVI.  Hon. Parsons announced that the views and ideas of the members of the BVICCHA have been carefully considered. 

In the end, she  assured all that any changes to the draft Labour  Code  Bill 2005, arising from that recent meeting, will be done after consultation and discussion among all the members of Council. “If, necessary, I will make a further announcement on our combined decision in due course,” the Minister stated.

“Ever since this Government took office in June 2003, we have operated on the premise of nurturing frank dialogue on the various issues of policy, which from time-to-time confront us not only as a Government but as a people. It is our shared view that this kind of interaction is not only healthy, but necessary; after-all we are still a democratic society. And as in the case in democratic societies the world over, there will be times when leaders are obligated to act based on conviction and driven by a sense of what is in the best interest of the people they are primarily responsible for and accountable to: the natives and citizens,” Mrs Parsons said.

“The issue of labour is one of ongoing worry not just here in the BVI, but in practically every island and country that is considered to have opportunities for personal and material advancement. By virtue of our good fortunes mainly in Tourism and Financial Services, this Territory finds itself in the unenviable position where the subject of work permit regulation has come up as a matter for attention.”

The proposed new Labour Code includes the much debated Section 166: “Section 166(6) shall apply to a work permit issued to a person entering, or who entered, the Territory for employment purposes for the first time on or after four years and six months before the commencement of this Act,” the proposed measure states.

Accordingly, “applications for the grant, renewal or extension of work permits will be determined by the Minister, but the Minister may, by Order, delegate any of those functions to the Labour Commissioner. Work permits issued to persons entering, or who entered, the Territory for employment purposes for the first time on or after four years and six months before the commencement of the proposed Act will not be effective after the expiration of four years and six months from the date on which the work permit was first issued. The holders of those work permits will be required to live outside the Virgin Islands for a period of at least six months before becoming eligible for another work permit.”

This measure would not apply after the second work permit is approved and issued. However the renewal is subject to the non-availability of local persons able to fill the position.

WORK PERMITS POLICY

“In determining whether a work permit should be granted, renewed or extended, the Minister shall

(a) take into consideration, among other things, the effect of the grant upon employment opportunities open to belongers; and

(b) consider whether the grant, renewal or extension of the work permit should be subject to any conditions, including the conditions that

(i) there be assigned, from among those who are belongers, a counterpart-trainee to the position for which the work permit is being granted, renewed or extended; and

(ii) as a condition of renewal, there shall be filed periodic reports on the progress of the counterpart-trainee.”

EARLIER ATTEMPT

In 2001 the draft of a new Labour Code was circulated and was criticised by members of the business sector. At the time Hon. Fraser said that upon application, a work permit may be renewed or extended by the Minister from time to time. A person might be granted a work permit for a further period if it is shown that the person has, after the five-year period, lived outside the Virgin Islands for a determined period. But generally, no extensions would be permitted beyond a further period of three more years, Fraser said in 2001.
“The BVI community has made a clear statement that the BVI should not be host, in the future, to a large number of long term residents,” Hon. Fraser stated in November 2001.

He said to achieve the community’s wishes, it will be necessary for the Minister to exercise the right to limit the amount of time an individual remains in the BVI on work permit. The Bill had its first reading in late September 2001. Then Labour Minister Fraser assured the public that while this Bill would pass, it might not receive its second and third readings at the November 2001 sittings of the Legislative Council. He was right.

In March 2002 Mr. Fraser said he did not want to be a lone campaigner in pushing for the new Labour Code to become law, but he wanted it to pass with unanimous support from legislators and the BVI population in general.