NEW LABOUR CODE PERCEIVED AS TOO PROTECTIONIST BY SOME — WELCOMED BY OTHERS

 Since being showcased on the GIS “Public Eye” tv/radio show, the draft of a new Labour Code has become the major topic of conversation at the workplace and elsewhere.

Some areas of the proposed Labour Code 2005 are being greeted by certain segments of the BVI citizenry while others are openly criticised by both employers and employees.

The Virgin Islands Labour Code 2005 is being presented as a replacement of the 30 year old  existing Code. This initiative is not new and was first attempted by the former Minister of Labour Hon. Julian Fraser in 2001. At that time it raised a vast amount of criticism and perplexities and did not go any further after its first reading in september 2001.

THORNY TOPIC: SECTION 166

Now, a newer version of a proposed Labour Code has been presented and one of the most debated regulations is Section 166 which, if approved, would require workers coming to the BVI for employment to leave after four and a half years.  “Section 166(6) shall apply to a work permit issued to a person entering, or who entered, the Territory for employment purposes for the first time on or after four years and six months before the commencement of this Act,” the proposed measure states.

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

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

WORK PERMITS POLICY

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

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

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

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

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

The new Minister of Labour, Hon. Eileene L. Parsons. was swor in on 26 September.

MAJOR CHALLENGES

On Tuesday 11 October, Chief Minister Dr. the Hon. D. Orlando Smith spoke about the proposed Code at the Legislative Council: “One of the great challenges facing countries throughout the world is finding the right balance between our sacred duty to protect and promote the interests of our natural-born citizens, and the human imperative to be welcoming and just to those who come to us from abroad.”

The Chief Minister went on to say that “the people who have come to our shores from other lands have made a valued and enduring contribution to our Territory.

“Their hard work and unique perspectives have made us a richer place – not just in the material sense, although they have surely contributed to our economy – but they have also made us richer in terms of the diversity and strength of our culture. But even as we celebrate the contribution of those from abroad, we also must never forget that our duty lies first, last and always with the citizens of the BVI...it is in recognition of this inherent dilemma that my Government has been moving forward carefully and deliberately to formulate an appropriate Labour Code for our Territory. Recently, the draft of the proposed Labour Code was presented on Public Eye – the Government’s interactive TV show –– to the public for feedback and input. And we got just that.”

TOUGH CHOICES

“At the end of the day, the choices we make will profoundly impact BV Islanders and all those who call the BVI home for generations to come. Therefore, I ask that the public join us in this effort. Your input, your thoughts and your opinions matter greatly. In order to develop a policy that meets the needs of us all, it is critical that we hear the voices of the entire community.

“In the coming weeks we will be soliciting further input through community meetings, media appearances, one-on-one consultations, and other less formal outreach efforts. All we ask is that the community feels free to share their ideas openly and honestly with us.

“We cannot promise that every decision we make will please every person – but by working together I have every confidence that we can craft a policy that strikes a proper balance that can sustain us collectively for the future,” Chief Minister Smith said.

EARLIER ATTEMPT

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

He said to achieve the community’s wishes, it will be necessary for the Minister to exercise the right to limit the amount of time an individual remains in the BVI on work permit.

The Bill had its first reading in late September 2001. Then Labour Minister Fraser assured the public that while this Bill would pass, it might not receive its second and third readings at the November 2001 sittings of the Legislative Council. He was right.

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