New Work Permit Regulations
In our Campaign Policy Statement, the Anguilla Progressive Movement (APM), stated inter alia that: In the Old Economy, labour relations were based on an adversarial culture and one-sided approach. Now, in the New Economy, labour relations will be collaborative and cooperative.
This Campaign Policy Statement was subsequently approved by Executive Council. As part of Labour Reforms the APM made a number of commitments. Speaking in the 2023 Budget Address Premier Dr Webster stated:
“Madam Speaker, being socially inclusive is about improving the terms by which our people participate in society, including the labour market. To improve working conditions we must focus on addressing entrenched social inequities. Our inclusion and resilience agenda must ensure that the people of Anguilla can live prosperous lives through earning livable wages with fair employment terms.”
Amending the Labour (Relations) Act 2018 is part of the Labour Reforms envisaged. In January of 2018 the Labour (Relations) Act was passed but the regulations could not be prepared in time to accompany the Act. Therefore, as a transitional measure to cover the gap in the law, the Act saved the Work Permit Regulations R.R.A. C105-1 which were made under the repealed Control of Employment Act.
The Work Permit Regulations, 2023 represent the proper Regulations needed to enforce work permit processes in keeping with the Act.
These Regulations build on the previous Regulations by—
Clearly organizing the different skills into 4 general groups:
(a) unskilled or low-skilled work;
(b) semi-skilled work;
(c) skilled-work; and
(d) professional work.
Additionally, the Regulations provide the Minister with the discretion to offer work permits for either one year or for two years in the following manner:
“The Minister may determine the duration of a work permit according to the policies of the ministry but generally—
(a) unskilled or low skilled work and semi-skilled work attracts up to 1-year work permits; and
(b) skilled and professional work attracts up to 2-year work permits.”
The Regulations also impose mandatory conditions on work permit holders in the following manner:
“All work permit holders shall be subjected to—
(a) conditions of good character;
(b) the person demonstrating a positive contribution towards the development of the Anguillian society; and
(c) any other condition that the Minister considers at the time of granting the work permit to be necessary and reasonable for the development of the labour market and the society as a whole and—
(i) different conditions may apply to different categories of work permits; or
(ii) specific conditions may apply to the grant of an individual work permit.
Of note, the Regulations make the application process simpler and clearer by introducing 4 work permit application forms instead of 2:
The introduction of a Visiting Professional/Technical Work Permit
Anguilla does not have the population size or the business necessary to sustain a livelihood or to require the continuous services of certain specialist persons. For example, a business may not need or be able to pay an elevator maintenance and repair technician and so there is a periodic need to recruit someone from overseas. These Regulations introduce a new type of work permit called a visiting professional/technical work permit which allows for a specialist person who does not reside on Anguilla to be able to come to Anguilla to perform work duties and leave. This type of work permit may be granted for up to one year and eliminates the unnecessary bureaucracy of having to apply for and obtain a temporary work permit and will go a long way in facilitating trade.
Temporary Work Permits
These Regulations expand on the administrative provisions regarding granting temporary work permits. Under the former Regulations a temporary work permit may have been issued for up to 30 days and 1/3 of the work permit fees were to be paid.
These Regulations now allow the Minister to grant a temporary work permit for up to 4 months with the discretion to expand this time by up to 6 months. The fees under these regulations would now be more equitable in that it would [be] based on the pro-rata principle unless, having regard to the particular facts of the application, the Minister considers this approach to be inappropriate and thereby substitutes an appropriate fee.
Variation of Work Permit
The procedure for the variation of a work permit has been made clearer by detailing what is required and by putting the impetus for the variation on the prospective employer.
“(1) Where the employer and the prospective employer agree to vary the work permit, the prospective employer must write to the Minister requesting a variation of the work permit and attach—
(a) a consent letter by the employer agreeing to the variation;
(b) a consent letter by the employee agreeing to work with the prospective employer;
(c) any variation to the terms and conditions of the employee; and
(d) a receipt indicating that the variation fee has been paid.
(2) The prospective employer must pay the variation fee of $300.”
Fees
In 2007 the Work Permit Regulations were amended to increase the fees at a time when the economy was overheating. Further, increases were made in 2010. Since the downturn in the economy and the various economic shocks that took place (e.g. hurricane Irma, Covid-19) no attempts were made to revise the work permit fee structure to ensure that—
1) the fees reflected the current work environment; and
2) policies of the ministry to increase the labour market and thereby the overall population while also protecting certain jobs that are more readily taken up by local talent were reflected in the regulations.
By revising the work permit fees, we are attempting to try to make Anguilla a more attractive place to reside and work; to encourage employers to pay low skilled/unskilled workers more money and to protect certain jobs for local talent.
A number of fees for the payment of a work permit have been revised in the following manner—
1) For some of the lower paying jobs and jobs in the clergy we have, for the first time introduced zero-rated fees; i.e. – no fees are paid. These jobs include: carers for the elderly/disabled/sick; geriatric care assistants; nurse aids; nursery school teachers, attendants and teacher assistants and pastors, deacons, bishops and other members of the clergy.
2) Some work permit fees have been revised downwards: for e.g. maid services, child care, attorneys, doctors, plumbers, electricians, etc.
3) Some work permit fees have been revised upwards: jobs in the construction field, videographer/photographer, secretarial work, receptionist, accounts clerks, housekeeping staff, etc.
4) Some work permit fees have remained the same: health and safety officer, graphic estate agent/real estate agent, sales and marketing representative, etc.
Under the former Regulations, the processing fee (grant, vary and replace) for work permits was $100. This has now been increased to $300.
Training fee/training levy
In 2015 a training levy of 10% was imposed on all work permits. These Regulations build on this concept by providing for the training fee to be divided into 2 categories as follows—
“… the fees for the grant of each work permit shall include the payment of—
(a) 20% of the work permit fee where the work permit is for Chief Executive Officers/Managers of: banks, insurance companies, hotels and other similar positions as determined by the Minister; and
(b) 10% of the cost of the work permit for all other categories of work.”
It is intended that the collection of the levy will be channeled into a fund that will be used for supporting the training needs of the private sector, in critical areas such as certification in construction including key areas such as plumbing, electrical and hospitality among others.
The Ministry is thankful for the sterling legal assistance provided by the Attorney General’s Chambers in the drafting of the Regulations as well as the advice from my Permanent Secretary and the Commissioner of Labour.
The Regulations which took effect on Thursday October 26th, 2023, have been published in the Official Gazette and can be found on the Government of Anguilla Website at www.gov.ai, Click on Government Directory; and then under Ministry of Home Affairs, Click on Department of Labour – the forms are all there.
Employers are therefore advised that with the passage of the new Work Permit Regulations, they should now use the new forms as published on the website. Additionally, persons can also call the Labour Department or the Ministry of Home Affairs for further information.
