Rivers: Labour bill will help local workers
(CNS): A number of measures in the proposed new legislation dealing with labour relations will protect and help the Caymanian workforce in particular, the labour minister has said. Launching a sixty day consultation process Wednesday, Tara Rivers outlined the draft Labour Relations Bill 2015 and pointed to a number of new provisions that she said would not only offer more protection in the workplace but should also help locals get work.
The bill, she said, addresses a number of ambiguities in the previous law and closes loopholes that have prevented local people from getting work. It also seeks to protect vulnerable workers from rogue employers, and the minister said the law would see greater compliance because of the provision of administrative fines and much greater clarity about enforcement.
Rivers said the long-overdue law would tackle a variety of workplace problems and go some way to addressing the unemployment of local workers. She said it deals with a number of the most notable problems that have plagued labour relations and provides for better enforcement, greater clarity, tighter provisions, protection of the vulnerable and benefits for both employers and employees.
The law, the minister said, is intended to create a more level playing field in the private sector and now includes charities and churches within its provisions. Raising the retirement age to 65, paving the way for two weeks paternity leave for fathers, as well as longer and more clearly defined maternity leave rights, it also requires all employers, regardless of the number of employees, to provide contracts for all workers and records of wages, benefits and attendance, including domestic workers.
Bosses will also be required to notify the department of redundancies and the details preventing employers from sacking local workers and re-hiring cheaper permit holders.
The introduction of a two-year statute of limitations regarding labour complaints is one of many changes that the minister pointed to as an example of how the law will better assist local workers with their complaints about mistreatment. The existing law has no statute of limitations so labour cases were subject to the six month criminal limit, making it hard to prosecute non-compliant bosses through the courts. Tribunal decisions will now be enforceable as court orders. The law also defines that the department of labour and pensions is responsible for enforcement of the law.
The proposed bill clarifies what casual labour is, defines part-time workers’ rights and seeks to block loopholes that bosses have used to avoid giving benefits via short-term back-to-back contracts, which will now be seen as continuous labour unless there is a break of more than 30 days. Workers lower down the pecking order will not be allowed to sign away overtime rights, though professional and managerial posts will still be allowed to negotiate their overtime conditions. And employers will no longer be able to treat some workers as self-employed contractors, a particular problem in the construction sector.
Tackling barriers to Caymanians securing work, bosses will no longer be required to pay severance to workers on permits terminated because a Caymanian becomes available. Rivers said that refusing a local worker a job on the basis of being “overqualified” will also not be accepted as a legitimate reason for not employing locals.
Employers will be required to offer reasonable training during probation periods so that they cannot claim local workers were not up to scratch after three months and hand the job to a permit holder. The bill provides for the protection of whistleblowers from discrimination and introduces the concept of constructive dismissal. It makes sexual harassment a legitimate labour complaint and makes employers responsible for protecting workers from such harassment.
The one issue not yet in the draft bill, however, is the minimum wage.
Rivers confirmed that during the two month consultation period, which started today, the provisions in the minimum wage report will form part of the discussion documents. The minister said that at the end of the public consultation, when legal drafters make the changes that have emerged from that process, they will include the minimum wage regime in the new bill. Keen not to hold up the process, Rivers said that the ministry has pressed ahead with the public outreach on the rest of labour bill while drafters continue to work on shaping the clauses that will deal with the minimum wage.
Labour Minister Tara Rivers (centre) at the press conference for the draft Labour Relations Bill with her chief officer, Christen Suckoo (L) and Director of Labour and Pensions Mario Ebanks
The ministry is now inviting comments from the public ahead of planned open house meetings in all six districts which have not yet been fixed. Feedback can be sent by email to: lpl@gov.ky by Monday, 31 August.
A copy of the 77-page law, the discussion documents and summary notes, the minimum wage report and instructions on how to submit comments are also available on the ministry’s website here.
Category: Jobs, Laws, Local News, Politics
Folks …calm down. Click the link and please notice that this law repeals laws from 2011 and 2004 “which never came into effect”. This 2015 law will also be lots of talks, committees, meeting and of course money but will also never come into effect. So go to the beach and have a mudslide instead.
Cayman has failed the law no longer exists Pack up and abandoned ship
What a joke cayman has become
Lordy lord I never thought I would say I prefer gambling over this incompetence!
It is Caymanians employing foreign workers probably the same ones calling for a ban on work permits. I say let it happen and watch the ensuing chaos. Its will be hilarious.
They have to turn up to interviews first, and perhaps want the job.
Why not ensure the second larger hiring body, the CIG, is also subject to these labour and immigration laws? Remove thee exemption of churches and CIG from labour law they both need to follow rules for future employment and national security
Yes lets kick out all the expat workers, employ the unemployable and everything in Cayman will be perfect.
your rant had nothing to do the original post…if anything if the government were subject to the same rules maybe they would understand the staffing problems faced by the private sector….getting a little tired of the delusional whining of selimportant expats like you…go back to where you came from…leave the good expats here!
Get a sense of hunor man…..
More Bull Droppings from the Honorable Rivers.
9.21, it might shock you to realise that Work Permit holders have rights too under various conventions..so if I get a 3 year WP because no-one local is available, and then a year in a Caymanian pops up and says I can do that job and I get terminated, I will be entitled to full compensation for the remaining 2 years (under Human rights laws), especially since no-one was available when I was offered that contract. They can put what they like in that law, compensation and removal expenses will eventually (through the courts) be footed by CIG for enforcing a law that breaches my rights too. The company I or others worked for would not pay as they had to obey the local law. Now if the Caymanian applies when my three years is up..thats part of the game and clearly understood.
Very interesting, exactly which Human Rights law provides such job security? Can you please name the law/convention and section?
He cannot because his claim is totally made up.
That will be covered under UK rights laws, wanna fight it? Go ahead Tiger
It won’t be. It is just made up. Rights laws will be relevant in terms of kick someone off the Islands who has connections sufficient to merit protection under Article 8 and things like ensuring children of all nationalities receive free public education at primary and secondary stages. It has nothing to do with this joker’s post.
Gillow
sounds more like contract law not human rights and so if broken you might be entitled to as you stated, any remaining pay you would have received UNLESS the CONTRACT stated otherwise, i.e. if a Caymanian is available you will be given reasonable notice 3-6 months
Anon 11:32, I agree with you If you have a 3 year contract and a 3 year work permit.
You put forward one of the strongest arguments I have ever witnessed, to support my contention that we need to do away with ANY work permit that is longer than 12 months, I don’t care what job you hold in the Cayman Islands.
If we need you as badly as you think we need you, and you are not keeping a qualified Caymanian from getting a job, then you have nothing to fear. Your work permit should be issued every year ad infinitium.
If we go back to the old system of ANNUAL work permits, a qualified Caymanian, whose company may choose to downsized, who is now working in a similar position to yours can fill your position. That Caymanian will only have to wait a few months until your job is advertised and they can get your job.
Please don’t give me that rubbish argument that companies, or CIG, need you for continuity, any fully qualified and experienced Caymanian who would take your place would be quite capable of a seamless transition.
Please spare me the argument that there are no qualified, experienced, dedicated Caymanians available, there are 20,000 working, qualified, dedicated Caymanians in the workforce that hold positions at all levels, in Government and the private sector………..so get over yourself.
The changes in the immigration law, over the past 10 years, that they told us were supposed to make qualified Caymanians in the workforce more secure……., IF that was really what they were intended to do in the first place……….. are a complete failure. You my friend are a prime example for my argument, so thanks for posting!
All perfect 8.14 except for one tiny fact. Why would anyone give up a job to come here for possibly just one year.? Employers would not attract staff they need and will move, because they won’t be forced just to employ anyone.
Yearly contracts are not to be feared by expats as just simply will stay away so go ahead and do that and watch the carnage unfold.
Absolute rubbish, Caymanians have to compete with the rest of the world for a job, so should YOU.
Are you so full of yourself that you think you are the only person in the world that would jump at the chance to take your job for a year; no matter what you do here.
We don’t need everyone in the world to apply for your job, we only need a measly 25,000!
Get over yourself, Cayman can replace you with another work permit holder in about 10 minutes……..at no more cost than it took to get you to come here.
These are great steps in the right direction. So many people are being abused in the workplace while others are being frozen out of jobs for no good reason. I love it!
They have conveniently ignored addressing the issue of employment agencies making millions by letting employers get away with having a work force with practically no rights, lower wages, no security and more importantly keeping Caymanians from permanent positions! Address that one Tara!
So true but the government has effectively stated that they are content with creation of lower level positions through granting management level permits. Immigration dept., wp board and business staffing board have understandably adopted this as policy regardless of our laws. Now Tara has followed suit by protecting lower end jobs for the overqualified. How about protecting higher level for the qualified?
Really???? Then how come the CI Government is one of the highest entity with Work Permits…you know work permits, foreign workers????
It’s also the biggest employer of Caymanians by far, 2:56.
Charity local hires squeeze tight margins.
Maternity and Paternity leave should only apply to married couples. We can help solve the baby daddy syndrome at the same time.
Agreed. If every baby daddy gets 2 weeks paternity leave, they’ll never work a day! Ridiculous
No it won’t. Local workers need to help themselves. There will always be an unemployability problem in Cayman.
Looking at the draft amendment there is a suggestion to increase maternity leave from 12 weeks to 14 weeks…ok this is a BABY step in the right direction but how can anyone consider a two week increase sufficient? Look at countries such as Canada or dare I say Sweden if you want a true example of sufficient mother / child bonding time. I was lucky enough to work for a company that allowed up to 6 months leave (half with pay) and such companies are very hard to come by here.
What is the tax rate in Canada and Sweden, I would say better than 50% of your income. You get what you pay for.
What Is the rate of customs duties on all imported items in Cayman? Between 22 and 40% depending on the item bought. An indirect tax but a tax nevertheless so I can assure you we are paying for it here through the retail market every day we shop. We are paying for it through indirect taxes rather than direct taxes.
What is the cot of living in Cayman vs Canada and Sweden? http://www.expatistan.com/cost-of-living/index
Agreed this is a baby step in the right direction. I think a lot more women would prefer that maternity is fully paid over an extra 2 weeks at 1/2 pay. I believe there may be people who presently do not take 12 weeks because they cannot survive on 1/2 pay. It seems to be another disconnect between highly paid govt officials and the common folk they think they are helping.
And before people jump all over this thinking women want a free ride, I dare anyone to try to survive for 12 weeks on 1/2 the average woman’s salary in Cayman. Not 1/2 a highly paid salary – half the average woman salary. Please consider:
– Women are generally paid a lower salary that men for the same job/work
– Women generally hold the lower paying jobs in an economy
– The cost of living is high in Cayman with the large budget items not being reduced by 50% while on maternity eg mortgage/rent; utilities; food. In fact some of these cost increase.
Not going to change a thing. But thanks for saving my business a decent chunk on severance pay.
Yeah 4:29, lets screw all those unskilled Jamaicans, Phillipinos, & others more than they are already being screwed. Bet you fiercely oppose the minimum wage too.
The cutting of severance pay for non Caymanian unskilled workers is disgraceful in a place which calls itself Christian, civilized and likes to think of itself as a modern, progressive society. We should not be following the labour laws of Haiti but the rest of the British Caribbean, Sweden, Canada etc.
As a guest worker who should only be here in no Caymanian, then agree no severance pay should be given, maybe notice could come with 1-3 months salary
Maybe the local workers get too much help.
Does the bill address the poor customer service especially from the labour officers? It would seem reasonable to me that before they announce a new bill, and I congratulate the Minister on making this happen, that they need to clean up their own inadequacies. I trust the replacement for Mario will be someone with business acumen, someone who understands customer service and someone who has what it takes to make this office function effectively. Waiting for over a week for just a return phone call is inexcusable.
I hope you have better luck than me. Did a formal complaint company was given 14 business days to respond to my complaint after dealing with this matter from Dec 2014. And guess what DLP gave them additional time even after the deadline has elapsed over a month since the second deadline and no response from the company who also has admitted to their wrong doing of over a 100 employees yet DLP has not reprimanded the company. So what is the purpose of DLP? Mario Ebanks along with every Senior Officer in that department should be terminated they serve no purpose. They seem to always be out of office or sick and can never give you answers to the questions you seek to quote the Labour Officer dealing with my complaint.
Try getting someone to answer the phone
They can’t answer the phone as they are too busy nursing their hangovers. They need to stop “cadoodling” in bars and get work done. NO reason why the public should have to wait for a return call. This is CIG employees who are paid BY THE PUBLIC to SERVE THE PUBLIC, yet they have NO apathy or concern for those who seek guidance. This department with Mario was inept, but great balls of fire, I do NOT want to see what will happen when he vacates office as their is NO ONE in their now capable or able to assume the steering wheel.
Come on now anon 1057. Not to be disrespectful to you but that was a wasted question. When was the last time u got service from DLP a. Christ, they can’t even prosecute a case in Courts. Didn’t a VERY large case for overtime not get thrown out because it was investigated properly??? This is the level of competence we have in that place called DLP which could easily mean….Damn Lazy People.
This is really getting good another nail in the coffin of cayman
It is so sad that more businesses will now close the door for good. FACT
The leaders you have are sooooo stupid or maybe sooooo smart depending on the goal
if the goal is to destroy all of cayman they are doing a wonderful job
.
And who will enforce it? DLP the same office that cannot even handle a simple wages dispute regardless of evidence to support such claims by the employee. The incompetence of DLP is astounding. Called today to find out the status of my complaint couldn’t reach anyone at the office all Senior Labour Officers were either gone for the day or out sick bare in mind this was at 3pm. Now to fight my Labour case even after emailing the same Labour minister to notify her even after a filing the formal complaint the employee cannot even get a response. 3 emails sent to her not one response. Very sad I have to pay Lawyer to fight this.
Can we assume this is a rhetorical question since there is no enforcement in the Cayman Islands unless you have no “connections”.
Lest we not forget the 2 and it might be 3 cases for overtime pay that was recently thrown out in court. Talk about total incompetence this is. Why aren’t they being held accountable here. I say this only to say it’s no wonder yor case can’t resolved.
No compensation for terminating a permit holder if a Caymanian becomes available? Really? Human rights etc, another raft of cases to come against CIG and no security for permit holders. Why would anyone want to come? CIG already trying to kill FS sector, this just means less jobs for everyone. Lemming syndrome. Nothing about proper training so Caymanians could fill the roles to the level required…jeez, why don’t they just tell Barbados and BVI to just make the financial sector an offer they can’t refuse. They will!
Permits are only granted because no Caymanian is available. Why should the business be penalized if a Caymanian becomes available? the Business doid not bring about the end of the expatriates’ employment, the Immigration Law did. In any event, businesses can still choose to pay severance to expatriates in this position, and many of the most reputable will.
9.21 if you don’t understand that then you will never understand anything. People, even expats, have a right to job security for a reasonable term, and not just be be turfed out because someone else showed up.
“Why the business be penalized if a Caymanian becomes available”? Especially when they then have to hire someone they didn’t want.
ppm yet again increases the cost of doing business and in turn the cost of living for everyone……
And again, it is count down time for election…..only four caymanians for the prison, lower for the RCIPS….wake Tara if caymanians wanted to work there are plenty of jobs…but again, you can’t expect as an unskilled worker to get the salary of an educated skilled worker!!!!