Turks
and Caicos Regulatory Environment
Labour
regulation in the Turks and Caicos Islands
is very light. Most pay bargaining is carried
out directly between employers and employees.
The
EMPLOYMENT ORDINANCE 2004 (Ordinance 21 of
2004) however sets out a more formal scheme
of employment legislation modelled largely
on current UK practice, and thus reflecting
much EU law. The Ordinance covers such aspects
as Unfair Dismissal, Minimum Wages, Contracts
of Employment, and Discrimination.
Turks
and Caicos Work Permits
The
Government is keen to encourage inward investment
and this is reflected in its immigration policy.
The immigration authorities welcome qualified
persons wishing to establish business enterprises
or undertake employment in the islands and
as such it is relatively easy to obtain a
work permit. However the policy of Government
is to promote the employment of local islanders
as much as possible and to this end a list
of reserved activities has been published
to ensure the hiring of Belongers.
The
right to reside and work in the islands can
be obtained by:
- Applying
for an annual work permit under the Immigration
Ordinance 1992;
- Applying
for permanent residence certificate under
the Immigration Ordinance 1992;
- Applying
for naturalisation under the British Nationality
Act 1982
Work
permits are granted for up to 5 years at a
time and are given to those applicants who
can establish that they meet the Government's
good health and good character requirements,
are capable of financially maintaining themselves
and their dependants throughout the duration
of their stay on the Islands and who have
available for their use a house or apartment.
There is an annual fee of $2,000.
Work
permits for skilled workers who are to be
employed by a local company must be obtained
by the employer, who will have to post a 'repatriation
bond' and who will have to demonstrate that
no local employee was available for the job.
It will be necessary to show that there is
accommodation available for the worker. Work
permits for unskilled workers are naturally
harder to obtain, given that there is a fairly
high level of unemployment; but when they
are available, the same terms apply.
In
April 2011, the interim government announced
that a series of changes are to be made to
the system of work permit fees, which the
government says have not been increased since
2001, and are complex and can lead to error
and manipulation. The government is investigating
a possible move to a percentage-based fee
system, but, in the short-term, proposes to
radically simplify the employment categories
under which permits are issued, and raise
fees by September 1, 2011.
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