Board chair says bosses are abusing WP process
(CNS): Richard Barton, chair of the Business Staffing Plan Board (BSPB), said in a letter to the labour minister that he had seen clear evidence of employers abusing Cayman’s work permit process and dodging their legal responsibility to recruit and retain Caymanian workers or those with a Residency and Employment Rights Certificate (RERC) before seeking work permits for overseas staff.
In a direct letter to Minister Chris Saunders, Barton pulls no punches, writing that some employers are deliberately shutting out local people in favour of permit holders.
“The BSPB has noted what it perceives as a clear abuse of the process by some applicants that, for whatever reason, appear more determined to either recruit from abroad or retain their incumbent work permit holder at the expense of the Caymanian and holder of a RERC counterpart,” Barton said in the letter that was leaked to the Cayman Compass.
Barton stressed that there is a systemic problem that can no longer be ignored. He said that legislative reform is urgently needed to do something about the continued abuse of the work-permit system that is undermining career chances for Caymanians. Employers have a misguided perception that getting a work permit is a “right rather than a privilege”, he noted.
The leaked letter reveals the depth of Barton’s concerns about the situation and his frustrations about the pressure that employers are trying to exert on the board, which deals directly with the permit applications from the Cayman Islands’ largest employers.
He accused some of them of deliberately shutting out “eligible Caymanians” and residents with the right to work to pave the way for permit applications.
“This practice now appears to be systemic with some applicants that have operated in the Cayman Islands for several decades and demonstrated no desire to employ Caymanians,” Barton stated. “This is not a novel encounter and to suggest otherwise can only be regarded as an act of willful blindness.”
The letter was written on 1 March but was leaked in the wake of recent comments by the premier that the government may have got the balance wrong in its efforts to get locals into the workforce by holding up permits.
His comments appeared to deviate from those made by Saunders last month when he said that permit applications were going to be scrutinized and the ‘Cayman first’ policy meant that getting permits was “not going to be as easy and as automatic as people had it before”.
CNS was unable to reach Saunders on Thursday, but the minister told the Compass that he stood by Barton’s comments as he, too, believed reform was needed.
“It is no secret that some medium-to-large employers have not consistently provided opportunities to Caymanians who are qualified, experienced, willing to work and progress. This culture needs to change. Our people must be given those opportunities as required by law,” he said.
“These historical challenges existed well before the election of the PACT Government. As in every crisis, there are always opportunities to learn. The global pandemic allowed us to take a very hard look at not only the unemployment trends but also the trends in underemployment,” he added.
Over the first two weeks of this year, more than a quarter of permit applications were refused or deferred and there is a growing backlog of applications as a result of various factors, Barton explained. But a major issue is incomplete or incorrect applications, as well as the efforts by employers to buck the system.
But Barton did not ignore the other side of the coin, pointing out that there were areas across the labour market that simply don’t attract much attention from local workers, and as a result those employers need to seek out permits. He said a longer-term goal would be to examine those reasons and generate more interest from locals.
Barton said that with the increased demand now for hospitality workers, even as the BSPB was moving towards meeting three days a week, without a change in the law it would struggle to process the mountain of permit applications needed for tourism-related jobs.
But he said the financial services, retail and real estate sectors had failed to absorb locals applying for jobs in those areas and work was needed to address that. Construction is another key industry that was not taking available Caymanians, he said, which undermines the justification for the excessive and increasingly unpopular development that it creates jobs for local people.
Setting out a myriad of issues, Barton made several recommendations to improve the business staffing plan process and said the starting point had to be a review of the law. But he also said the WORC portal needed to be revised and urged more training for WORC enforcement staff to follow up the many reports from local job seekers.
See the letter in full in the CNS Library.
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Category: Jobs, Local News, Policy, Politics
So… I should work my backside off, build a business from nothing, and then train someone to take everything I worked for so they can start up their own competing business. Hmmm, I think not. I don’t have the luxury afforded by a cushy government job.
One of the common comment here is train Caymanian. However we have to ask ourselves, who is really responsible for training? Should the government (through schools) be responsible? Should the person be responsible through personal learning? How much training is the company really responsible for?
Everyone needs to recognize that even entry level jobs require knowledge through education of basic skills required for the profession.
An entry level job in accounting requires basic knowledge of debits, credits, balance sheet, income statement, accruals and prepayments.
An entry level job in law requires basic knowledge of the relevant laws and regulations and processes.
An entry level job at a spa requires basic knowledge of how to perform the required services.
All entry level jobs require basic skills of reading, comprehension, speaking and writing of proper English.
It is up to the individual to determine what career they want and get the knowledge needed. Get a degree in your chosen field. In today’s world, people are applying for entry level job with multiple degrees.
We should all remember that the business goal is to make a profit. Not to be a school. Employees are hired to do a job and not be a full-time teacher.
There are a number of things raised, based on employment of Caymanians in various business sectors/industries, where there is of effective and efficient workers — that is, if such employees should have, inter alia, obtained training, whether they themselves arrived trained, or by a self-taught approach, or trained by CIG or trained by the employer?
In answering this question (or, more accurately, questions), it is vital to remember that it is not unjustifiable discrimination for Caymanians, over and above non-Caymanians, to be treated preferentially within the Cayman Islands by “any law so far as that law makes provision…with the entry into or exclusive from”, inter alia, “the employment, engaging in business or profession” (pursuant to s.16(4)(b), BoR).
Of course, there is a constitutional duty to “uphold the rule of law” (s.107, Constitution; s.2(a), BoR), because “All decisions and acts of public officials must be lawful, rational, proportionate and procedurally fair” (s19(1), BoR).
This is because our Bill of Rights, which “is a cornerstone of democracy in the Cayman Islands” (s.1(1), BoR), and, inter alia, expressly “recognises the distinct history, culture, Christian values of the Cayman Islands and it affirms the rule of law (s.1(2)(a), BoR).
Moreover, it is clear that the fundamental right to protection of the environment is specifically concerned with the physical environment (including, inter alia, wildlife and the land and sea biodiversity) as we as “an environment that is not harmful to the health or well-being of present and future generations, while promoting justifiable economic and social development” (s.18(1)-(2), BoR).
It is, therefore, clear that section 18 of our Bill of Rights protects, inter alia, the physical environment (including wildlife, land and sea biodiversity), but also protects the socio-economic environment of present and future generations (s18, BoR read together with s.2(a), BoR).
My overall answer is that all parties (employees, employers and government) have a shared responsibility to train employees and ensure that Caymanians and others are equipped to perform there jobs and especially Caymanians are to be given these opportunities.
End the mask mandate! It is so foolish. I had to turn away 3 customers today. They think this is a store policy, it is not. We are 100% against this mask stupidity. And a 100% against the mask mandate.
Some German jerk argued with me for five minutes. I had no scientific argument for why we require masks… other than that our government wants to punish us for political reasons, to appease anti vaxers .
We only require masks because the morons who closed the flipping road want to flex their their over-payed flab muscles. And we abide by the law.
No one is wearing them properly anyway, it is just designed to virtue signal. Get a grip PACT. We are sick of you and your Bull. You are truly disgusting!
Expatriate regulators? Immigration/WORC are Caymanian, CIMA is headed by Caymanians. Please clarify what regulators you are referring to, I’m asking as a Caymanian.
Not true RE Many heads of divisions at CIMA are expat. The Division heads are the real regulators.
Don’t forget the ultimate regulator. The Ombudsman. Or the Commissioner. Or the Governor. Or the Attorney General.
You should read these Mr Panton…we always had some deludedly self important expats but never this many with such entitlement. I can only assume CIG past and present have empowered them by listening to their pathetic rants of leaving. If you truly care about your citizens you need to grow a pair and establish Caymanian rights and priority in their own country.
Barton pulls no punches and sez:
“… that some employers are deliberately shutting out local people in favour of permit holders. The BSPB has noted what it perceives as a clear abuse of the process by some applicants that, for whatever reason, appear more determined to either recruit from abroad or retain their incumbent work permit holder at the expense of the Caymanian and holder of a RERC counterpart.”
[Noooo!!! No way! Work permit holders getting preference over Caymanians? Realllyyyy? Gah-a-oll-lee! What a brilliant revelation!
Then Minister Saunders retirts: “This practice now appears to be systemic with some applicants that have operated in the Cayman Islands for several decades and demonstrated no desire to employ Caymanians,”
I would kinda, maybe, sorta, somehow, perhaps, think, that all non-brain-dead people, including the guilty employers, know that this problem is decades old and systemic. It has been discussed for as many decades and is no less systemic today as a quarter century ago. All we hear from successive is the babbling that is more like the Bla, bla, bla you hear from teachers in Charlie Brown movies. Yeah, a few measures are instituted to make critics and Caymanians think something is being done. However, the proof is in the pudding: the problem remains systemic and has gotten worse.
As long as government profits from work permit fees, this is like the fox guarding the hen house. Perhaps one solution is that work permit fees be assessed on a sliding scale according to the percentage of Caymanians employed. The lower the percentage, the higher the fees. The percentage would also vary according to the number of total persons employed. The fees could be offset by offering and meeting certain training criteria for Caymanians to step into the work-permitted positions. Beef up enforcement and auditing. Make businesses justify the need for post-secondary and advanced degrees, qualifications, and experience that obviously go well beyond those required to do the job. The up and coming trend in progressive enterprises in the USA and EU is to offer job-specic training and forego the need for a person to have a formal degree. Google recently made a huge announcement that could change the future of work and higher education. This excerpted from and Inc.com article “Google Has a Plan to Disrupt the College Degree”: Google is launching a selection of professional courses that teach candidates how to perform in-demand IT-related jobs. These courses, which the company is calling Google Career Certificates, teach foundational skills that can help job-seekers immediately find employment. However, instead of taking years to finish like a traditional university degree, these courses are designed to be completed in about six months. “College degrees are out of reach for many…and you shouldn’t need a college diploma to have economic security,” writes Kent Walker, senior vice president of global affairs at Google. “We need new, accessible job-training solutions–from enhanced vocational programs to online education–to help America recover and rebuild. In our own hiring, we will now treat these new career certificates as the equivalent of a four-year degree for related roles.” Google didn’t say exactly how much the new courses would cost. But a similar program Google offers on online learning platform Coursera, the Google IT Support Professional Certificate, costs $49 for each month a student is enrolled. (At that price, a six-month course would cost just under $300–less than many university students spend on textbooks in one semester alone.) Additionally, Google said it would fund 100,000 needs-based scholarships in support of the new programs.In contrast, Google claims their courses, which would cost a fraction of a traditional university education, prepare students to immediately find work in high-paying, high-growth career fields.
The three new programs Google is offering, together with the median annual wage for each position (as quoted by Google), are:
Project manager ($93,000)
Data analyst ($66,000)
UX designer ($75,000)
Google says the programs “equip participants with the essential skills they need to get a job,” with “no degree or prior experience required to take the courses.” Each course is designed and taught by Google employees who are working in the respective fields. “The new Google Career Certificates build on our existing programs to create pathways into IT support careers for people without college degrees,” Walker explains. “Launched in 2018, the Google IT Certificate program has become the single most popular certificate on Coursera, and thousands of people have found new jobs and increased their earnings after completing the course.”
Additionally, Google says it will offer hundreds of apprenticeship opportunities to participants who have completed the course. And beginning this fall, the company will offer its IT support certificate in career and technical education high schools throughout the U.S. Although traditional degrees are still deemed necessary in fields like law or medicine, more and more employers have signaled that they no longer view them as a must-have–Apple, IBM, and Google, just to name a few.
The takeaway: There are a LOT of IT/tech workers on permit. Going the Google route seems like a viable and reasonable alternative to a college degree requirement. This same concept can be articulated into a very significant number of industries in the Cayman Islands.
Too long winded. Terse is best if you want anyone to read it.
If you took the time to say it’s long winded then I’m sure you read it all but obviously disagree. The writers comments certainly do have merit in today’s environment overseas and locally. Get ya head outa college Kay no disrespect.
We should all understand Caymanian, Non-Caymanian, and Permit Holder immigration status constructs. But then there’s also the internal Caymanian racism/affirmative action, xenophobia, and sub-grading obstruction systems in play that nobody talks about. There are institutionalised discriminatory sub-tests which are literally data fields in brand new government systems to categorise Caymanian-ness forever. Surname, skin tone, birth country all seem to subjectively weigh-in where they don’t belong. For example: if we want to import an item through Customs, or appoint an agent, we have to register on Customs Online System (COLS), then provide various forms of photo Caymanian ID. Two gov’t photo IDs ought to be sufficient. Yet, we also have to furnish a non-photo supported scan of a paper birth certificate…for what purpose does that serve exactly? Does the birth place determine how fast your package moves in their systems? Who will ever be Caymanian enough to live their lives in peace without these artificial obstructions?!? The violent beach incident in south sound only underscores how bad this xenophobia problem even among Caymanians.
The foreigners have no idea what it’s like living as a minority in their own country. They even have the audacity to say there is no such thing as a real Caymanian, and we’re the ones that are described as entitled? Change is coming and it can’t come sooner.
You should brush the chip off your shoulder and pull yourself up.
You asked them to come. In every case.
Have I got this wrong or is it Caymanians that make the rules around here? Yes, thought so. But we’ll keep up the xenophobic nationalist finger pointing regardless because we hate to admit our own elected politicians are screwing us over.
Ummm. You have it wrong. American dollars, wielded by expatriates, make most of the rules around here, often overriding the rules made by and for the Caymanian people.
8.07am Garbage, try visiting London and tell me Brits have no idea of what it’s like living as a minority in their own country.
Listen, stop the Bullshit lying and decieving. Ask yourself:
A) Do I hire a Caymanian, who I will have to pay at least 1800ci a month, plus health insurance at another 200ci, plus pension at another 200ci OR
B) Hire two expats, who i will pay 1000ci a month. THEY will however pay for their own work permit, their own health insurance and their own pension. And I can demand they do ANYTHING I desire and I can fire them at anytime and get them kicked off the island fast.
On anothef note. What about the scam employments where one person has several work permits under him but the “EMPLOYEES” have to go find work. Meanwhile these same employees pay for their own work permit, health insurance and pension, plus have to pay the permit holder a weekly sum off of what they made for the week!! Even a large portion of WORC and Gov’t Ministers are doing this type of deal.
FYI. It’s against the Labour Law for a WP holder to pay for their own work permit.
Yes. And you think no one breaks the law?
Everyone does. Which is why the Chairman is right to do and say what he has!
These are YOUR rules.
If the answer is B), you can of course only do that because of the complete absence of any enforcement by the Caymanian staff within the civil service, given that such an arrangement is entirely illegal.
Listen, stop the Bullshit lying and decieving. Ask yourself:
A) Do I hire a Caymanian, who I will have to pay at least 1800ci a month, plus health insurance at another 200ci, plus pension at another 200ci OR
B) Hire two expats, who i will pay 1000ci a month. THEY will however pay for their own work permit, their own health insurance and their own pension. And I can demand they do ANYTHING I desire and I can fire them at anytime and get them kicked off the island fast.
On anothef note. What about the scam employments where one person has several work permits under him but the “EMPLOYEES” have to go find work. Meanwhile these same employees pay for their own work permit, health insurance and pension, plus have to pay the permit holder a weekly sum off of what they made for the week!! Even a large portion of WORC and Gov’t Ministers are doing this type of deal.
A variation on your point – do you renew the work permit of an expat that has been working for you, whose performance you have direct experience of and rate, who you know wont job skip because quite apart from any loyalty he has you could terminate his work permit and refuse consent to issuing of a new one for another employer, or do you roll the dice and take on the Caymanian applicant who you don’t know from Adam and who could decide after a week that he doesnt like the job?
You comply with the law you of the country you are operating and understand all permits are temporary until you find a Caymanian to fill the position or the WP holder gets their PR.
WORC is PPM mess. They cant even find a director who wil stay in the mess PPM made. How can they regulate WPs when they cant regulate themselves.
Sir messalot to be thanked.
WORC was never intended to enforce, or even monitor compliance with, the regulations…employers have never so blatantly abused the system. WORC allows to include obscure unnecessary skills and actually allows companies or their slimy recruiters to continually modify their ads until they find one that no one contests. Once their advertisement has no Caymanian applicants they actively recruit and are allowed to ignore Caymanian applicants.
I never understand these articles. Also very topical this time of year. The offshore finance industry (law firms, accounting firms etc) servicing the funds and banks is about 80 per cent of the economy. Pays for the roads, schools etc, if you are quite junior in the big firms the expectation would be you work 90 hour weeks this time of year (for your set salary of say 60k). There are no unemployed caymanians capable and not doing those jobs. Then the other 20 per cent is tourism, but no one qualified turns up to the job fairs at the big hotels recently. Fix the education system. I do not see how the situation in cayman is any different to any other country.
2 years experience required for a doorman? At this stage, the trust is gone. All of it.
There’s quite a lot of this going on in Government also. Director’s (with Ministry Officials asleep at the wheel) creating and forever changing job descriptions (AKA moving to goalposts). This is often where Director’s have stayed in the same role for too long and want employees on contract (no work permit required!) so they can dangle the expats contract to ensure they do not question anything but instead heap unwarranted praise on such Director’s to stroke their ego. Usually such employees spend considerable time seeking other employment opportunities, whilst on government payroll, and leave for greener pastures (usually to the private sector where they have, or make, friends) while NAU grows to pay locals. And the Director repeats this scenario ad infinitum.
Thanks so now how about complying with the rules of the country that your company has decided to operate in.
Business owners are doing it from small businesses aswell as established business and how I see it if your a found guilty of misuse WP, you should be banned on ever taking out a work permit in the future!
Buck stops with the Business Staffing Plan board. It’s their job to ensure the laws are complied with.
With guidance and advice from the professional civil service who are paid millions to ensure lawful administration. Lawful administration that applies equally whether the decision application is considered by any one of 4 different boards, the appeals tribunals and administrators/the Director of WORC.
One aspect is that EVERYONE is entitled to the same lawful reasonable treatment, subject to the same lawful standards, no matter who they know. This Chairman should be congratulated for speaking up.
Is this a joke?
The “entitled” one would hardly get/keep a job, meanwhile a hard working individual, who has never been entitled to anything, finds the opportunity to provide for him/herself and their family, without access to stipends or NAU.
Simple facts anywhere in the world.
The foundational basis for the solution to this problem is found in subsection 16(4)(b) of our Constitution’s Bill of Rights, which provides that unjustifiable discriminatory treatment “shall not apply to any law so far as that law makes provision…with respect to the entry into or exclusion from, or the employment, engaging in any business or profession, movement or residence within, the Cayman Islands of persons who are not Caymanian”.
Immigration/WORC has never been the same since Mr Manderson left. I pray he never leaves his current post.
The answer is simply. Implement the Accreditation System that Mr Manderson developed 15 years ago and the problem is solved.
Companies should be rated based on their track records of employing caymanains, social responsibility, internships etc. those that are top tier gets there permits those that are at the bottom don’t.
All of a sudden everyone is hiring Caymanians.
I will wait for Mr Manderson haters to post negativity but facts are facts.
I know all of this because I have worked at immigration/worc for the past 20 years.
Anyone know what really happened to Linda Evans and Kim Davis?
The problem is not the law. It is that we have not followed it for 15 years.
Under your silly interpretation any person entering this country can stay as long as they wish and has same rights as citizens and work permits are unlawful beyomd any small administrative charge. Cruise ships should start offering one way fares.
Oh dear! Reading comprehension is obviously not your strong point. Mr Merren points out that the Constitution says “unjustifiable discriminatory treatment” shall NOT apply to any law that governs non Caymanians working. Its a double negative – you CAN discriminate against “any person entering this country”. And the law does. The exact opposite of what you suggest.
Correct.
Thw way I read that is it says non-Caymanians cannot cry foul and claim discrimination against them re (e.g. employment). Not that Caymanians shall not be discriminated against in …..(e.g. employment), even though it is implied.
The protection and preference of locals as their right (not the imported reversed concept of local entitlement) in their own country is enough to have it deemed Justifiable to be Cayman First!
Hot coals. Foot to fire 🔥!
Is it that they don’t want the job that is offered, or they don’t want to do the job for the slave wages you offer for the job?
Mr Barton is right that the entire system needs to be thrown out and redone. What he misses is that the system doesn’t work for anyone. It has become so completely opaque, unpredictable and adversarial that no one trusts it – not employers, not work permit holders, not Caymanians. Now it’s also become political. It’s small wonder everyone is trying to take advantage where they can, whether it’s an employer tailoring an advertisement or a Caymanian threatening to report a work permit holder to a “cousin who works at Immigration”. Making it work and giving all Caymanians the opportunities they need will require a huge step back – it all starts with the education system which is badly broken. You can’t churn out illiterate, innumerate, unmotivated graduates and then act surprised when they don’t succeed. You can’t have a minimum wage that no one can live on. You can’t offer government assistance that pays able bodied people more to do nothing that many jobs pay. You can’t expect your entire population to work in financial services as lawyers and accountants – very few are actually suited to and have the aptitude for those professions. Try educating your population in a fulsome way – through primary and high school and onward to trade school, community college or university – and accept that different routes are right for different people. There is nothing wrong with being a bartender, electrician, dental hygienist or secretary – give local people the tools and education to do those jobs and you won’t need to import so many. Support those who are able and willing to seek higher education. Manage expectations – CEO and managing partner are not entry level jobs. Cayman’s main industries are globally competitive, and if we are going to keep any kind of an edge, the people working in them need to be globally competitive too. Stop expecting private businesses to do everything for you – they are in the business of profit and cannot take on the burden of educating, training, and promoting those who have no reasonable prospect of success. I could go on, but until there is some sort of recognition that the problem goes way beyond the remit of what WORC can or can’t do, it isn’t going to change.
The system is fine. It is corruption and ineptitude that is destroying it, and us.
Actually, the system is pretty good. Those that mismanage it is what needs to be thrown out.
#worldclass.
Our financial services have always been in global competition and managers used to be able to comply with our regulatuons. It is your new entitled breed of expat that wont and probaly cant comply. Trust me the business will stay and it is you that will be replaced. Stop bluffing quict threatening and just leave.
If this is aimed at me, the original poster, you are way off base. I am Caymanian and work in a small business, not financial services, although I am knowledgeable about the industry. I just believe that everyone should earn what they deserve and deserve what they earn, and the system should facilitate that rather than just stirring up divisiveness. The current regime serves no one.
This is because Cayman has no unions so the employers take pride in screwing over locals. This is not something new- the law firms, banks, trust companies, insurance companies, accounting firms, hotels chose here to Ill-treatALL Caymanians and throw them out. However, work permit holders are retained to live a life that most them bastards never had till they landed at Owen Roberts Airport. Most came to Cayman with a shirt, pants and tore up drawse. I know what I am saying as I was a recipient of the unfairness to Caymanians a few years ago; I was one of those persons who got screwed over.
But, they can do what they want, how they want and whenever they want as we don’t have anyone then or now in Government that has a pair of seeds to stand and say enough is enough. The ONLY people who have no rights in Cayman, are us who came here by pain and not by plane. Human Rights is for everyone else, NOT US Caymanians.
This dangerous nationalist rhetoric and mindset to blame your woes on the expats is misplaced, absurd and will only lead to mistrust and hate.
You’re barking up the wrong tree.
So when an expat knowingly misleads the immigration authorities to secure employment for another expat, and succeeds with the direct result that a Caymanian who stood ready and willing and able to do the job, is unemployed, and loses their home because they cannot make their mortgage payments, and then that story gets repeated 100 times, and expatriate regulators who know what is happening, or who are willfully blind to it, do nothing for more than a decade, it suddenly becomes entirely Caymanians fault? No sah! Plenty of scope for blame on both sides of the coin, as there is plenty of scope for acknowledgement of the problems and working quickly towards solutions.
The caymanian painting contractor I wanted to paint my house has delayed five months because he can’t get painters locally or on work permit. The permits he’s put in for have just sat there all this time. Weird to set things up so you won’t even take my money.
Expatriate regulators? LOL
You hire the Caymanian every time. The law requires it. Or are you one of the employers the Chairman is having problems with because you intentionally do not follow the law?
Ombudsman?
Attorney General?
Governor?
Commissioner of Police?
AG is clueless.
Rhodey- flights are operating daily. Pick one and head north. Bye
You open unions and people are forced to hire and keep people hired that are not capable, the cost of doing business will rise to point where it will be not profitable. Then business will go elsewhere.
You mean like what has happened in every other country that unions exist? 🙄 talk wah you know not wah you tink.
Yes. That has happened in the US, UK, France, Italy, etc.
This is a ridiculous statement. I work for one of these firms and have friends that do as well, and we all agree most caymanians leave of their own choice as they want to just be 8am to 6pm in the office and won’t do the 6am to 11pm the job requires sometimes. Which you the way is less hours, and they get more pay, than the same hours in the same firm in Tokyo, New York, Paris or London.
Ding, ding, ding! To make it to partner at a law firm or accounting firm requires 10-15 years of grinding out long hours, having very tough goals set for you to reach in terms of billables/chargeables, bringing in new business, etc. It goes well beyond a standard 35-40 hour work week.
We have a number of scholarships and intern programs at our firm and have had lots of bright and capable Caymanians go through these programs, however, ALL of them end up leaving to go work for the Government or Dart. No one wants to stay and put in the work required to move through the ranks.
I was one such Caymanian and quit in disgust at ongoing and repeated lies to regulators. But believe whatever helps you sleep at night.
Law firm park unqualified lawyers in foreign offices until they have sufficient PQE and experience to apply for a work permit.
Cabinet is yet to bring the Legal Practitioners Act into force – that would assist Caymanians. PACT asleep at wheel on this.
The Legal Practitioners Act would be a disaster for Caymanians. Why is CARA permitting the unqualified practice of law everywhere? How is the widespread commission of offenses by officers of the court OK? We are corrupt.
Don’t vote that comment down without explaining why the unqualified practice of Cayman Law is so widespread despite it being an offense. Are some lawyers (and some law firms) exempt from every law?
I repeat the question. It is illegal. Why is it mainstream? Will someone downvoting explain how this is OK? You obviously think it is. How? Why?
What exactly is illegal? Are you saying persons outside Cayman are subject to Cayman law?
Yes. If they are practicing Cayman Law.
Please explain precisely what law persons in Cayman are breaching and how, or how persons based elsewhere are somehow subject to the laws of the Cayman Island despite not being in the jurisdiction?
The existing Legal Practitioners Law and the prohibition on unqualified practice of Cayman Law without a current, valid, practicing certificate. A law that was specifically and intentionally written to provide that only Caymanians could get practicing certificates without swearing an affidavit of residence every year. It may be that that law is inconsistent with modern practice and needs to be changed. If that is the case then change it. But until it has been changed the optics of illustrious officers of the court seemingly committing offenses should not sit well with regulators, or a “self governing” profession.
The provision corresponds with equivalents in every country. An English Solicitor cannot practice English Law ANYWHERE in the world without a valid practicing certificate. Same for Australia, New York, Ontario, Hong Kong etc. etc. The rules of conduct governing the practice of law are by their nature, and for good sound reason, global in nature.
Being a foreign lawyer working under the direct supervision of a Cayman admitted lawyer with a valid practicing certificate is possibly OK, but not every firm operates even on that basis. There are hundreds of persons held out as being experts in and practitioners of Cayman Law who are not admitted, and many of whom have never set foot in a Cayman court, or indeed the Cayman Islands.
They advertise it on their websites. Our judiciary, our attorney general, and CARA are all aware of it. And nothing happens. It ties directly to the work
Remit regime because all these persons are competing directly with Cayman lawyers for work. Because the work is not done here there is no opportunity for Caymanians to do it, gain experience, or advance, in most instances. There is also no opportunity for Caymanians to seek employment in supporting roles.
You are conflating rules of conduct with criminal statute.
There is no – I repeat NO – breach of UK law by someone in Mumbai practicing English law without a license from the UK authorities.
It may of course be a breach of Indian law, or a breach of the rules of conduct of the profession in the UK but that is not at all the same thing.
Again – you have not explained how someone in HK who is advising on Cayman law without a certificate is breaching Cayman law.
Legal Practitioners Act (2015 Revision). The current Law. Persons hear are aiding and abetting and profiting from the breach by persons overseas.
Notwithstanding it isn’t a breach overseas, so there is nothing to aid and abet.
So why mislead the Hong Kong regulator as to the law being practiced?
Question begging.
You can’t aid and abet an action that isn’t a crime.
The practice of Cayman law in HK is not a criminal action in Cayman.
Of course – you can change the law to put lawyers here on the hook for what their colleagues do elsewhere (a perfectly fine idea) but that is NOT the law as it stands.
More of this nonsense.
I assume it’s the same handful of people that post this claim every article on the legal industry?
The laws of the Cayman Islands are not extra territorial in their effect. The law as it stands does not criminalize activity in, say, Hong Kong.
If you believe there have been criminal offenses by Cayman Islands based persons, then by all means, elaborate – but this notion that someone on the other side of the world is subject to Cayman statute as it stands is contrary to the rules of statutory interpretation and common sense.
Of course – it may well be a good idea to criminalize law firms here that knowingly promote unqualified lawyers as Cayman proficient elsewhere, but that is not the current position.
Your last paragraph is precisely the position. Also, Imagine if a Caymanian Attorney suddenly called themselves a solicitor and started practicing English Law (in which they are trained but not qualified) from an office in Cayman. How long would it be before the Law Society of England and Wales rained the proverbial brick shit-house on them? Fair play, I would say. Reciprocity not mean anything in your universe?
It would be a very long time indeed, because, unsurprisingly, the Law Society doesn’t have any authority over non-members giving advice out of the jurisdiction.
They do if they call themselves an English Solicitor.
No. They do not.
The Law Society does not have global jurisdiction. How could you possibly think they do??
This demonstrates a pretty telling lack of understanding about how laws work, what the Law Society does and does not do, and the way the world works.
The law does not currently criminalize the practice of law elsewhere in the world.
No reply on the substance from anyone.
Telling.
The practice of Cayman Law (anywhere)!requires a practicing certificate. Exactly the same way practicing New York law requires you to be called to the New York Bar, and practicing as an English Solicitor outside of England etc.
Not true.
The “Legal Practitioners Act (2015 Revision)” is currently in force. I believe you meant to say the “Legal Services Act 2020” is not in force.
Contrary to your asserted position, if the “Legal Services Act 2020” is brought into force, it will be disastrous for Caymanian attorneys, but great for non-Caymanian attorneys — in reality, it would be the exact opposite of what you’ve stated (or, more accurately, intended to try to say unsuccessfully).
Get your laws right and get the facts right about the laws you speak about. You have a constitutional right to freedom of expression, but also a moral obligation to not mislead the public on flat out misstatements.
Point taken. I inadvertently referenced the wrong statute. Thank you for pointing it out.
Please explain how the new act would be disastrous for Caymanian lawyers.
For a start a 0.01% local shareholding is all that is required or even expected.
The majority of lawyers can be overseas, with no connection to Cayman.
It is the manifest opposite of how local accounting firms have to operate.
What is the current ownership requirement?
The requirement proposed is for 1 certificate outside the Islands for every 1 inside.
How would a majority end up outside the Islands?
Ummm, they wrote to every law firm in Cayman and ordered them to change the bio’s on their websites? That would be one reason.
60:40 if anyone (including regulators) actually followed any laws around here.
Prime example is CARA.
AG’s AML failures too.
Please explain how it, as stated, “would assist Caymanians”?
Better place a World Class problem solver on this case.
Eric Bush to the rescue!
I think that’s how we got into this mess.
Although probably true, it’s not like he did it alone. He should not be the fall guy. That would be too easy.
as a business owner we love to employ locals….but note the following:
have they got qualifications?…generally not
are they well educated with good basics in reading writing….it’s below par by international standards.
have they got good work ethic?…pretty poor on average.
sorry for the honesty.
Name your business and vacancies and I will fill them properly.
If you want to.
How many 16 yer old apprentices did you take on during their school vacation 10 years ago? You reap what you sow.
Maybe the schools should actually educate the kids instead of sending them into the workplaces at 15 years old for two weeks and expect them to be ready for the workforce.
Wow. What countries schools teach photocopying, bussing tables, and filing? They must be amazing!
These are pretty much common sense skills. Maybe this is part of the problem. You cannot do basic tasks that should require no training.
WHO are you? What a shocking statement and complete mischaracterization of the vast majority of Caymanians! Sadly, while I don’t agree with many of the points in this article, that comment is making their point completely.
Vast majority? Sorry but only 3/4 of our kids are leaving school with even a pass in the very basic y12 exams and only 1/2 are managing a pass in maths. 1/2! 1/2 of our school leavers are functionally inumerate! Let that sink in.
And a high proportion of them are not Caymanian. Let that sink in.
A high proportion of public school leavers in Cayman are not Caymanian? a) what is a high proportion? b) how does that work then, expats can’t send their kids to public schools can they? I assume if there is a loophole like kids of foreign civil servants then actually the proportion is very low not high.
At one point MOST children at GT primary were NOT Caymanian. There are hundreds of expat kids in government schools.
Please define “high proportion”.
20%?
Ok thanks. So is the implication that those 20% are all in the 25% who failed English and 50% who failed Maths so the numbers for Caymanians are not as bad as they look or what? Otherwise I’m struggling to see the relevance.
What’s your point?
Well said. And I would assume you need to be a lot more than 1/2 innumerate to get a job washing dishes,
Yes. In fact you need to be multi-lingual, confine your annual vacation to 10 days in October, and have 5 years international experience.
You are an enabler of our terrible school system.
Sounds like your average American, Canadian or Brit.
Help them along then
You expect us educate your kids? Well, send them over then and we will.
Maybe you should stop and think as to why this is happening.
Keep driving jobs offshore through incoherent and inconsistent WORC rules and soon you will all be seafaring fisherman again.
…then you can go back to the UK, its a win-win baby!
Nah – I’ll just go to the BVI or one of the other offshore fins o services that competes with Cayman and where strangely enough my employer already has offices. This idea that Cayman is somehow unique or impervious to competition from other jurisdictions shows admirable love of country but a complete ignorance of how finely balanced the global market in offshore services is. Make it too difficult or to expensive to operate in Cayman, and you will see the financial services sector start to slip away. Remember all those banks we used to have operating here?
They have immigration rules too you idiot! Anyway just go man…you will be easily replaced regardless of your deluded self importance.
@8:24 – Just stop. You are being logical and factual. It never works and most refuse to listen to reason.
With nice condo’s….jokes on you.
There sure are a lot of expat families from the UK, South Africa, Scotland, Canada that look like they were made in a factory.
They all look the same ages and could be mistaken as siblings of one large family, and they have kids too.
Bizarre comment
Yep, we all look alike and trying to keep it that way.
And the other side of the same coin is that many Caymanians are using that to try and get hired into a job that they are not qualified for and can’t even do. How many work crews have you seen at work with the “Caymanian” sitting in the back smoking cigerettes whlie everyone else is working. This is not a one side deal.
Richie you are the biggest boss! Go get them tiger!
This has been going on for years, but don’t expect anything constructive from the pact government.
Reap what you plant! You all Love hate on some nationalities and hug up those who know are marginalizing your people and slowly taking over your islands . You all truly afraid to make any true changes, fraid that the ‘ first world’ one will leave you stranded with your Caribbean family. Step up your education system to train for the services you are lacking and know who you all are and your roots! Lost identity! Self hate destroying you all. Take a leaf out of other islands who step up their education and can now help themselves. You all too busy fighting down the true ones who come and building and pouring into the economy.But no they too Caribbean and black. you all better wake up! They going to take over nothing left for your grand children. Wake up!!!!too harsh is the truth face it or stop the complaining and truly do something! Tired a the bag a mouth.You all fraid of your true enemies that’s why you all there fighting off the ones you think you can tackle!! Reap what you sow. Change the seed you get different crop.
A lot of racism and ethnocentrism at play here. Many foreign managers and business owners believe all Caymanians are hopelessly lazy, dumb, criminal, etc. Confronting this common prejudice will go a long way toward improving things.
Simultaneously need to improve education at all levels. Remove religious nonsense (no more in-class exorcisms, for example) and seriously commit to teaching every child to read, write and do math. Cayman is small and supposedly wealthy, no reason our schools can’t turn out literate, functional graduates ready to go to university or immediately work and contribute.
#lame
We already spend more per pupil on education than all but one country on earth and by a significant amount. Indeed we spend 60% more, per pupil, on our public schools than it costs to send a kid private. The problem clearly isn’t cash. So what is it?
#leggewasright
Those schools didn’t cost over $100m to build, that was just what was spent. There is a difference.
It is the exception to see a deal done transparently here where money doesn’t go out the back and or side door!
And the Governor grinned. And the Commissioner said the crime situation is stable. And the Attorney General…
I don’t think it’s a matter of more money. There is no magic fix, but we can start with better leadership. Look no further than the top. The current minister of education once said in a campaign speech that the end of the world is near. (It had something to do with the Bible or bird entrails, I can’t remember)This is not a sensible person who should be guiding education in the Cayman Islands. How can she offer an intelligent vision of the future when she apparently thinks there is no future?
#lame
You spent the money on a basketball gym, that’s not the same as spending money on education.
True but the education budget is $384m over 22/23!
I know this will be unpopular, but as I Mother who has sent her children to both St. Ignatius and John Grey, it is not just the quality of education but quality of parenting. Face it, children at private schools are more likely to be those of wealthy parents. More likely to have a stay-at-home, educated parent who can assist them. They are less likely to have to deal with issues of financial insecurity or substance abuse. Wealthy parents are more likely to have household help; and more likely to have the resources for educational materials. Additionally, they may be more likely to value education as a goal.
I also believe that we need to address the underlying wage inequality, with a minimum wage of at least $10. We need to evaluate whether it is wise to import
poverty, driven by the low wage culture.
them.
People also need to be responsible and at try to alleviate the issues you mentioned by :
1) not having children until you are married. Even if the marriage breaks down later, hopefully in the formative years the child has the loving support of two parents
2) only have children you can afford. Ensure you can provide for your child fully before you have any
3) stop have multiple children for multiple partners. Ensure your child have enough of your time
4) priorities. Ensure your child is taken care of before getting that new phone or going Miami.
Funny how the Exorcist Principal is still employed!
as is Mary, Eric and others.
Boards also are similar – Recycling the same old failed/retired/convicted staff from Port Authority Board, NHDT/PTU etc
Not even funny anymore.
It’s our money paying them.
You are so right 2:37 pm but you forgot to add Beth to your list.
Please also remind us where the Exorcist Principal came from.
Caymaica
The bowels of …
But, where is she NOW?!
⁸9:49 am, and you forgot Stran
The government needs to start taxing business entities. Those with a 100% Caymanian workforce should be taxed at a rate of 0% on their global income. Those with hight rates of foreign workers should be taxed heavily on their global income. This would also deal with the ongoing complaint that Cayman is a tax haven.
Do you want last business to leave so you can enjoy it all for yourself?
Yep caymanians are breaking down the doors to work as housekeepers cashiers bar tender. That is why work permits are needed
Bartenders are earning more than $60K a year. Yet Caymanians are told the pay is $6.00 an hour. Spot the issue?
The pay is $6/hr plus tips. A good server who hustles can make a lot, especially right now when business is picking up and bars are short staff.
And yet the immigration adverts do not provide that detail.
But common sense does…
Ummm, what is a server doing behind the bar? Wouldn’t that be a breach of the work permit regime, or don’t you care?
Sure. So stop advertising derisory remuneration. Start telling Caymanians what they are likely to earn, rather than (sometimes) wrongly describing it as a crap job, with crap conditions, and with crap benefits. Maybe then there would be more local interest.
If people, Caymanian or not, are too dumb to figure out that people in the service industry earn tips on top of the $6 an hour they are probably too dumb to be bartenders.
The pay is $6 an hour, possibly less if it’s agreed it’s a tip-based system. Hard to make that $60k if you’re not willing to take the job. The good news is, there are plenty of Canadians that will.
you lie.
Pay up beaches. We survived just fine before you drifted in
True. But that was when we didn’t have 10,000 – 20,000 impoverished Jamaicans and Hondurans climbing on top of us. Much harder to stay afloat now.
This place would become Jamaica if the nationalists had their way.
not even Haiti wants that on them
No. This place is becoming Jamaica precisely because the nationalists have not had their way. We are overwhelmed with Jamaican expatriates. They outnumber Filipino’s by 300% and almost everyone else by 1,000%.
Nationalism in a land founded by those from foreign lands is a joke.
You fundamentally misunderstand the foundation of Cayman and the magnificent unique culture established and maintained here for a couple of centuries before a whole bunch of ignorant Johnny come latelies showed up.
How far do you want to go back? To Plymouth ROck and Native Americans?
Therein lies the problem to many of the Cayman Islands’ woes.
That tax is called work permit fees.
It’s obviously cheaper to use local labor if available.
Actually it’s not. You don’t have to pay work permit holders pension, health insurance or overtime. You can force them to take vacation when you want them to. Most work permit fees are negligible.
Not sure you read those laws correctly.
Oh no. The laws are fine. We just don’t enforce them, especially where the victims are not Caymanian. The result, expatriate Labour does not get equal protection, and can be almost freely abused at the whim of unscrupulous employers.
Correctly read, in light of the failure and refusal of the authorities to consistently and effectively enforce them where the victims of non compliance are expatriate labor. #Leggewasright.
Right
Not sure you understand the irrelevance of laws that are the subject of apparently targeted and intentional non enforcement. #Leggewasright.
Er, yes you do. You clearly never legally employed anyone on a wp!
Really. Who makes you?
Lol. That’s the dumbest post on cns for a long time. Will the last person to leave turn the lights out.
They already tax businesses for using foreign labour genius – it’s called a work permit fee.
What about businesses that operate in an area where there simply ARE NOT sufficient Caymanian workers? For example an osteopathic medical practice?
This is the kind of poster who wants a smaller pie overall – fine to hurst Caymanians as long as it hurst expats more.
Lol someone wants to be left destitute.
Lol.
National pride is one thing. Xenophobic nationalism is another.
Well, it would stop people claiming Cayman is a tax haven. Of course, it would kill the financial services industry stone dead as well. And government would have to lay off thousands of Caymanians employed in the civil service and state owned entities. But at least you wouldn’t have to worry about a those expat lawyers and accountants stealing Caymanian jobs.
If we’re not a “tax haven” we’re literally one beach and some nice diving, that’s it, that’s all you got. Good luck with that.
So how about you guys follow the law and do your job. Not all employers are bad actors. The legit businesses on island are suffering. There are very few Caymanians actively looking for work for whatever reason. Meanwhile businesses are struggling to maintain acceptable service levels. As a Caymanian business owner, I know we go above and beyond to hire, train and retain Caymanians. Sometimes we get great Caymanians onboard but often times they don’t stick for personal reasons. Any medium to large size business would be crazy to avoid hiring Caymanians given the high costs amd endless hassles of permits. Facts.
And now with tourism companies reopening and actively recruiting already employed Caymanians, the good ones are chancing jobs, the weak ones are staying, and in turn will need to train the even weaker new employees as they onboard.
Legit businesses? Bullshit. There is not an employer with more than 50 employees that does not have a rotting skeleton in its immigration closet. Not one.
I run just such a business.
We have zero skeletons. Not one.
A majority of our staff are Caymanian and we actively seek out others wherever we can.
Your claim that every major employer is anti-Caymanian is a complete myth.
I claimed no such thing. I said no one with 50 employees had no skeletons. Those Caymanians you employ. Any of them get a Cabinet grant? On what basis? Every requirement in every advert, truly needed? Every benefit available, fully disclosed? Every Caymanian applicant, fully disclosed and fairly interviewed? Every promotion and re- designation, fully authorized?
No cabinet grants.
All fairly treated.
Sorry.
Then I withdraw my allegation in relation to your business. You are the last Boy Scout.
Irrelevant
Thank you for eloquently explaining the point that non compliance with the rules is so widespread, and hence the problem.
The law firms are training caymanians lawyers but then when it is time to call them to the bar they offer paralegal roles or very low paying assocate role. At big law firm had a well qualified Caymanian lawyer next in line for partner but they told him that theres no partner position after years of promises but as soon as that lawyer resigned, they make one of the foreign lawyers partner LOL. The banks hire foreign managers who arent even even qualified!. It isnt only the bartender jobs. Its high playing jobs where caymanians are being over looked. Time to fix it Barton. Hit them hard. These companies hire foreign leaders and then these ‘leaders’ bring in their friends and family and ex co workers. This needs to end now.
So your complaint is that when people qualify, they are only offered an associate role at the bottom of the payscale? Erm, isn’t that where every newly qualified lawyer should start? Comparisons with salaries offered to work permit lawyers are false, given that they are by definition not newly qualified, having had at least three years’ experience by the time they arrive on island. They started their careers at, guess what, an associate role at the bottom of the payscale and worked up to higher salaries. Why shouldn’t that be the case with Caymanians?
Why don’t some Caymanian lawyers go onshore and train at one of the large law firms then? Go and find our how starter associates are treated and paid.
Because those positions are reserved for people who are British, and have qualified as Solicitors…? (Or Canadian or South African or Australian or New Zealand etc. equivalents).
Except that isn’t even nearly true.
The whole POINT of training at an onshore firm is that you THEN qualify as a solicitor.
Caymanians are perfectly able to apply to vacation schemes and training contracts in the UK (I know a number that have).
Frankly, it would be a great benefit to them if more of them did so.
3.23pm You have just illustrated the type of hearsay comments that have come out of so many Caymanian mouths over the years. Be prepared, you will now have to provide DOCUMENTED EVIDENCE.
There are plenty of excellent Caymanians who go through the system, do articles, and become fully-fledged associates.
It is not at all surprising however that some do not. This is the same everywhere in the world. Numerous English trainees are not kept on after their training contract and end up as paralegals (generally temporarily) or the like.
Equally, the HUGE number of people at firms all around the world that are promised partnership or have it dangled in front of them but never get it is testament to the fact that this is something every nationality goes through.
Ultimately, all of what you’re describing, even if true, is adequately explained by the general practice of law and progression in the real world, rather than some anti-Caymanian sentiment.
Honestly – I am sure that there are people screwing over Caymanians, but people need to stop finding it where there is no evidence for it.
Working in the legal profession sucks for many – no need for it to be about your nationality.
The issue of converting a permit holder to ‘remote worker’ needs to be addressed as well. Companies should be made to report the number of office workers the have conveniently sent back to their home country to work remotely, effectively shutting the door on a Caymanian that could do the job here.
Even Government Ministries have foreigners working remotely from their home country. This needs investigating.
The Ombudsman. The very person in charge of ensuring that laws and policies are followed, did just that. Damn her office. Not only did they refuse to address the well known issues, they themselves betrayed Cayman and the very foundation on which our society is built. The Caymanian people do not stand a chance. The very people employed to protect them refuse to do so.
It is time the immigration law applied to government too. One set of rules, fairly applied, for everyone.
Nationalism LMAO
Some of the Real Estate companies do that too with backend staff. It is SO wrong.
Perhaps – but how would that work in practice?
Are you going to ban on Island businesses from outsourcing?
From engaging independent contractors that work elsewhere?
From buying services from those not in Cayman?
There is no suitable way to address the issue other than ensuring that hiring people to work on Island is the preferable option.
Too late.
The bookstore manager/purchaser has been doing it from the UK for a decade now.
So too the automotive store’s Filipina
and the Tour Company’s Filipina in the USA
..etc
I know so many!
So you want every company domiciled in the Cayman Islands to go to BVI?
They won’t…they’ll just replace you with qualified caymanians if available or other permit holders…you’re cheap dude.
If the job can be done more cheaply elsewhere, the job will go elsewhere. This happens all over the world. You can’t stop it, and you have benefitted. All those Caymanian seamen working for National Bulk Carriers back in the day? They were the cheap foreign labor at the time.
The Work Permit system as historically and currently applied works fully to the advantage of employers (Caymanian and foreign) for the simple reason that the employer has complete control over the employee. The employee is a hostage to the whims of the employer.
If CIG really wants to change the system for the better the obvious solution is a kind of green card system where the Work Permit is held by the employee. That removes the mobility restrictions that benefit employers and will result in less bias against Caymanians.
Of course, employers will howl and scream. Just as they did back in 1834. But there does come a time when change is necessary for the greater good.
I just can’t understand how can this happen in the perfect private sector. Are heads going to roll.
In Government too-
BUT they are exempt from the same Labor Law that they Created!!
The Civil Service is exempt from everything. Including basic economic principles and accountability.
Doesn’t work for the simple reason our law provides that employers have an obligation to train Caymanians commensurate with the number of work permits they hold.
And how has that been working?
Fine, where it is followed and enforced. Maples, for example, does a pretty good job. They and a great many Caymanians benefit.
Very well, in the rare instances where the employer is generally following the law in that regard.
So what about the Caymanians that are exploiting helpers and nannies here on island because they know they can get the expat worker kicked off the island if they don’t do everything they ask?
Not only that, businesses have to be owned by local people. So again your people doing it to you. That being said, I’ve been here for 25 years. Greatly appreciate this place but I’ve seen way too many local people with entitlement thinking they should get manager positions without even putting their foot in the door first.
The next thing that’s going to happen government will stop approving work permits which then slows down business on this island which then impacts the local population. Remember when they didn’t approve PR for like 4 years? How many people got denied after continuing to work for that 4 years? There’s no reason why the board cannot work 5 days a week. They shouldn’t have to meet. They should be appointed and they should be at their job day in day out. Officers that can go to find local people that could fill the position and make them sign a contract that they will show up on time, work the hours and do the job right. Or they can get fired because It’s hard to fire locals.
Get the ball rolling, approve work permit or don’t, but at least give a better option for the employers looking to hire help that will actually work. Slow ass inept civil service as usual.
Same thing your big company is doing so….lead by example??
All those Nannie’s and helpers can quit and leave if they don’t like the job.
And how can they fly home?
And how can they fly home? Or maybe your people could start paying them a proper wage instead of using them.
Wow, you exploiting them is okay then? Employment laws do not matter to some Caymanians who have helpers etc. They will abuse and threaten and yes, the helper can leave by why is it okay for anyone to be treated that way? Are you not in favor of basic human rights? There are some very good and ethical Caymanians but, like in any nationality, some bad ones. Ones who steal pension money or don’t pay it while making the employee work all hours without overtime pay etc. Everyone has to start from the ground up and work but even at ground level you are deserving of fair treatment.
Ever heard of a LCCL?..Look it up. The majority of businesses in Cayman are now LCCL’s and no longer owned by Caymanians.
The old 60/40 rule was a loophole for a Caymanian to front for a few dollars for the expat owner but some were getting caught. The Government then provided an easier loophole solution through the LCCL..Now tell me when an LCCL has ever been denied by the Government…doesn’t happen..
Of course, there is the Economic Zone which was created as an easier, faster and less expensive way to permanent residency and status..Check out how many years and how cheap it is to get permanent residency through working in the CEZ..Does anyone really believe these people are actually following the law or operating as the law says.
Our permanent residency system is totally flawed. The old people that ever get rolled over are the low income workers. The others have a clear path to permanent residence and when they get there they thumb their fingers at the government and don’t pay the fees. They are then rewarded with Cayman Status and then we no longer have any say..
Our whole immigration policy needs to be revamped or at the very least enforce the rules of the current ones. Everyone know it is happening and it is commendable of Mr. Barton to say so, but saying it and doing nothing are two different things.
The time in economic zone was not supposed to apply towards residency as positiims did not have to go through immigration hurdles. Aldart allowed that change….just another eff-you caymanians from PPM.
This is false.
I specifically know if LCCL exemptions that have been refused.
The notion that the majority of businesses are foreign owned is false as well.
This sort of misinformation is really unhelpful.
When was the last prosecution for fronting? When was the last time the dci requested evidence 60% of the profits accrued to the Caymanian shareholder?
The whole hiring process in financial services is a joke. The recruitment firms have taken over as defacto HR departments and THAT is where the problem begins. It takes the responsibility of finding a suitable Caymanian out of the hands of the employer. Have you been to one of the recruitment firms? They are staffed primarily with expats. Do you think they care whether a Caymanian gets the job or not? They don’t have a vested interest in Cayman, so why should they care.
The financial services firm goes to the recruiter, the recruiter sends over a mixed bag of CVs from Caymanians and expats, then the firm picks the person that they “like” (and there are numerous factors that determine why they like a candidate. Being able to relate because of similar culture and upbringing being one of those factors). If that person requires a work permit, the permit application gets put in, and THEN the job is advertised or a Caymanian is interviewed “to tick the box”. A Caymanian may or may not apply at that point, but its most likely a done already anyway, because the firm has already found their person. In the past, the firms would then bring in Caymanians that apply after seeing the ad, and the Caymanian would either be found to be “overqualified” or underqualified. I’ve been in the room with one of the big firms when Caymanians are interviewed. The Caymanian almost always has shortcomings that cannot be overlooked (educated, but no experience), while the expat’s very same shortcomings are seen as only a minor issue (no experience, but educated!!). The big firms always find a way around the rules in order to get the person they want. Why do they go to such lengths? The easiest answer, culture. They just jibe better with their own. The problem is probably more nuanced than that, but there you go. It is what it is.
Reap what you sow. I could hardly believe that recruitment companies were so expat staffed. But l have come to realize that the love for certain expats overshadow every thing. So big companies that are led by and who recruit certain nationalities will always just get a slap on the risk as they continue to exploit these islands. You make your bed better lie in it. That said, there are certain industries if the national educational system does not step up to truly educate locals for financial and technical services then this problem will never go away. Examine the Bahamas they used to have similar problems but they bolstered their local university and vocational training and can help themselves better now. The same can happen here. Where there is a will there is a way. And for heaven sake, learn to open you all eyes to see who really taking advantage of you all while you there always fighting down the same set of nationals that actually you all family. ( Lol) a true!
Right on the money! Some of those same recruitment firms send over their own buddies so how as a Caymanian can you ever stand a chance. You are treated like trash in your own country and non existent in others! There are some good expats and by no means am I “anti-expat”. But you all come here and set up shop, block caymanians from getting the top roles and then decide to tell your friends to come. Once again, passing over locals. Then when you’ve had your share and amassed your large wealth – you can go back home to an even better job.. leaving your friend as a replacement. Recruitment firms and private sector firms are bad, however, they aren’t the only ones as fault. has anyone looked at Franz Manderson’s civil service? The nepotism, sham recruitment practices and holding job for a friend reeks in there just as badly! Practice what you preach government!
Nepotism can be indistinguishable from corruption, if a civil servant gets involved. Just sayin.