Labour Dep’t head puzzled about mandatory migration review
Acting Labour Commissioner, Michelle McLean appeared nonplussed when asked at a recent stakeholders’ meeting about a mandatory annual review of a policy that looks at employment and migration needs in the territory.
During the meeting, a resident noted that there is a requirement in the Labour Code for an annual review of the comprehensive policy on international migration into the BVI. That same resident then queried when the last review was done and asked, ‘based on an assumption that the stakeholders’ meeting would lead to a review of the Labour policies, when a report would be completed and laid before the House of Assembly?’.
Labour Minister Vincent Wheatley then promptly said the Labour Department is “working on the report”. He then directed the resident’s query to McLean for further elaboration.
“A report on international migration? That is what the person is asking there?” McLean responded.
“We are not currently working on any report on international migration, we work on different types of reports. I think we first have to do some type of assessment as it pertains to the workforce in itself,” she added.
According to the Labour Commissioner, the Labour Department only has information based on work permit holders but would need a complete assessment of the entire workforce which includes BVIslanders and Belongers before it can embark on further reports regarding migration.
What the law says
According to Section 178 (1) of the BVI’s 2010 Labour Code: “The minister shall cause to be prepared, and reviewed annually, a comprehensive policy on international migration for employment that is based on the economic and social needs of the Virgin Islands and takes into account the short-term need of human resources; the short-term availability of human resources in the Virgin Islands; and the long-term social and economic consequences of migration for Virgin Islanders, Belongers and migrant employees.”
It further states: “The minister shall submit the policy prepared under subsection (1), and each revision, to the Cabinet for its approval and the approved policy shall be laid before the House of Assembly as soon as practicable.”
Immigration Department has migration data
Meanwhile, Chief Immigration Officer Ian Penn when called upon for a comment on the issue, shared that a report on migration for the territory was important, but said he was not involved in giving any advice or information for any such report.
Permanent Secretary in the ministry, Joseph Smith Abbott, then commented that the issue of a migration review was something that required a very serious look.
“Perhaps this is something for serious consideration in terms of looking comprehensively at workforce development and Labour needs in the context of migration as well,” Smith Abbot said.
Penn interjected to advise, however, that the BVI’s new border management system is equipped to collect data on the migration of workers into the territory and said this can be used to come up with decisions for a given period.
Officials did not indicate during the stakeholders’ meeting whether a policy had ever been issued or reviewed as was mandated by the Labour Code.
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this lady is the problemwith the labout department at the moment. She does not want to issue any work permits to expats , she wants all jobs done by locals but there are no locals applying for the jobs and yet she drags out the decsions to over 3 months in some cases.
The online forum showed her for her true colours and also that she does not even know the full labour code and yet she is in charge of that department…
Can we go to your country and demand a workpermit
Yes, my country is the UK so you can go there today with your British passport and apply for a job. It is a competitive marketplace, and being “born here” is not a qualification. Good luck, we would welcome skilled, qualified and hardworking professionals.
You need to learn more about these things in your own country. Non British passport holders cannot just travel and work there with no restrictions. Even in the US the there is a process and not all employers sponsor , giving preference to residents. The main difference is that their system is more efficient.
You need to learn to read more carefully.
I specifically said, go with your “British passport”. BVIslanders are citizens of British overseas territories and can apply for a British passport.
It is heartening however that you are concerned for the rights of non-BVIslanders. For those persons, there is a transparent points system for visas to work in UK, which is perhaps where BVI needs to get to, so as to avoid all the unfairness, apparent nepotism, which is well known to non-Belongers who have to go through the current byzantine work permit regime.
I know of no expats who are “demanding” jobs in the BVI. I know of many who are getting the correct training and credentials, applying and working hard , and following the correct policies and procedures to keep them because they are grateful for the opportunity they’ve been given. As a local, you are free to do the same.
im from the UK and you can walk right in , hey we will even give you a passport!
true…. my sister works live in the uk and after 6 years, paying tax and everything, she was already a british citizen in just 6 yrs. here in the bvi is 30 plus years if you are lucky… real fart system
Labour Minister Vincent Wheatley then promptly said the Labour Department is “working on the report”. He then directed the resident’s query to McLean for further elaboration.
Why are you blaming the woman and not the Minister for lying?
Absolutely CLUELESS and we will leave her there because she is local, despite the fact that she is obviously the wrong fit for that particular job. We have many locals who would do well at Labour but we continue to play politics with everything and act shocked at the results.
Do you think the problems in Labor Department started me with her. What about the previous commissioner and the commissioner before her and The Government Ministers who portfolio overseas labor and immigration. The problem is the OUR Leaders are clueless as to what should be happening in our country. We should not be here 30 yrs later conduction a labor assessment report. This should have been happening every 5 years. THE BVI is too REACTIVE instead of being PROACTIVE. Additionally, I am sorry to say that issuing a new work permit for someone to come to the BVI as cleaner is unacceptable. This should have been stopped years ago.
The sign on the wall at the Bill Clinton campaign headquarters in 1992 reminding everyone what the main campaign issue was –
“It’s the Economy, stupid!”
It has grown more and more obvious that our elected officials have a very clear understanding of the economics of keeping themselves in office a cushy job, replete with all the bennies that they voted themselves while on the job. It’s also grown more and more obvious that few of them have any clue how the territory’s economy actually works.
These same elected officials seem to view their primary role as feeding the treasury (to pay for their bennies?) and in no way are they working to foster well being and economic prosperity.
It doesn’t matter where it started, someone has to stop the madness and it is glaringly obvious that she is not equipped to overhaul the department. Labour Dept is not a permit processing or local employer defender. It’s meant to be a department set up to properly regulate and monitor labour issues across the board in the Territory. This includes proper education, development of skills, regular inspections etc. to ensure that persons are in compliance with the labour code. Labour Department needs someone who understands HR and will not make excuses. There is a delicate balance between protecting locals and protecting the BVI’s. The issue we have here is delays under the guise of protecting locals but these actions are doing quite the opposite!
So if you are a business owner and need a cleaner but no locals want to apply, you just clean your business yourself?
Who are you going to get to clean the many offices. The few older belonger who are willing to do this are moving on. Not even the primsry school drop outs do not want to clean. Look at Solid Waste, more tbat 50% are non-belongers. Look at the Hospital more than 50% of cleaners are non-belongers, look at the larger cleaning agencies whete more thant 90% are non-belongers. BELONGERSin todays age should not be squabbling over cleaning jobs. We need a government to invest in education so that every student enjoys an automatic progression from preschool up to the college onnce they have the ability.
” … and we will leave her there because she is local, despite the fact that she is obviously the wrong fit for that particular job.”
Was this not the entire point of what the Commissioner was saying throughout the stakeholder’s meeting? It seemed as the meeting progressed that it was pretty much her only point of view… and it became more obvious when question of the report on migration came up.
Yes this is very important because some Haitian as soon as they get visa or work permit they went to live ST Thomas illegal. This is nonsense
Source?
Untrue
They get deported overstaying visa or green card. Happens all of the time.
Mrs McLean is the only one in that department with a full understanding of the disaster forced upon them by the Minister, and is working very diligently to recover from it. I have a lot of respect for her and appreciate her efforts.
She is a paper tiger. She understands the processing of documentation and perhaps the rules that govern such. I can believe that political interference doesn’t make her job any easier however, her performance during the meeting said it all, she does NOT understand business or how the labour department has killed more jobs and businesses than COVID ever would. The irony of it all is what gets me.
So tell me who was going to clean your houses if they didn’t do permit for a cleaner? I’m a cleaner and I’ve been in many of your houses and a lot of you are very nasty. I’ve been in some that I couldn’t even drink and eat my own water and food that I took so what are talking about. You people don’t know nothing about cleaning so work permit for cleaners are very important or else you would be living in a pig sty.
And who is cleaning your house ?
Oh ,forgot..
You don’t have a house???
Tsk tsk
Well give thanks that our house must be cleaned by you…otherwise you wouldn’t even have bread,
Lol you sound like you and your house duoooirttty?… scram!
You all know that the labour code was a copy and paste job. Right? Of course they would not know what is in it. Much less to prepare and review annually a comprehensive policy on international migration into the BVI. Didn’t you learn anything from the COI?
Comment reaks to high heaven withe stinky smell of racism. Pathetic!
Are there any construction jobs…I am russian.I leave ship.