BVI News

Should workers pay for their own work permits?

One talk show host has called out some local employees whom he says are asking expatriates to pay for their own permits. Under BVI law, employers who recruit foreigners to work in their companies must apply for their work permits. But the Labour Code does not explicitly say who should pay the fees.

According to Damion Percival, co-host of the Morning Braff radio show, some employers in the hospitality industry pass the responsibility to their expatriate workers. And he said this isn’t fair since some expatriate workers in the BVI don’t have to bear that cost.

He said this is a pertinent issue that Labour Minister Lorna Smith must address when she conducts a series of meetings with business owners across the territory.

“One of the questions I’d definitely like to ask in these Labour meetings is: if the Labour Code says the employer has to pay for work permits, why is it that when you look at the people in the hospitality industry, they are paying for their own work permits?” Percival questioned. “The lawyers and doctors are not — their employers are paying for them. And what are we going to do to ensure that the employers — who use the work permits like a noose around their employees’ necks — own up to their responsibilities.”

The costs of work permits vary depending on the employee’s salary. Once the business owner obtains a work permit, that employee is obligated to work for the company for a specified period.

From time to time, reports surface that the employees are being asked to pay for their work permits. However, it is not clear what action the government takes when such matters are reported.

In the meantime, many employers have been frustrated with the lengthy wait times to get work permits from the Labour Department. The new Labour Minister has committed to clearing the backlog and is already taking steps to unclog the work permit system which is a component of the local workforce.

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29 Comments

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  1. Streets says:

    This has been an ongoing problem. Sometimes these workers struggle to pay for their work permits and when they ask their employer for assistance the employer refuse.

  2. NOTHING'S NEW says:

    IF SOME THE EMPLOYERS HAVEN’T BEEN PAYING THEIR EMPLOYEES SOCIAL SECURITY TAXES FOR YEARS AND TO ADD INSULT TO INJURY , THE PRINCE JOINED WITH THE COACH TO DESIGN AND PLOT A WAY TO STILL DOUBLE TAX THE EMPLOYEES USING MONEY GRAM AS AN EXCUSE TO FLEX OFF THEIR POWER ON THOSE SAME PEOPLE WHO WORKED HONESTLY FOR A LIVING ,WHILE CLOSING THEIR EYES TO THE EMPLOYERS WHO IS RIPPING OFF BOTH THEIR GOVERNMENT AND THEIR EMPLOYEES , ( ARE WE STILL GOING TO ACT
    S U P P R I S E D ) ? DUHHHHH ? ITS JUST ANOTHER CAN OF WORMS THAT GOT OPENED /

    Like 16
    Dislike 1
  3. V.I. Citizen says:

    There is no law in the Labour Code or else where that speaks to this Article’s content. Some Employers do pay for some workers permits depending on the level of the position or just by choice but its not a Law. It is viewed as part of their benefit package. It would be very beneficial if the Labour Ministers, the Labour Commissioner and the entire population would familiarize themselves with the contents of our Labour Code. What you all think is in there is not and what should be in there is not.

    Like 13
    Dislike 0
  4. Anonymous says:

    Construction companies and many other businesses make their employees pay foe their own work permit

    Like 12
  5. Hmm says:

    Well a lot of persons I would say mojority are paying for their own work permit.

    Like 10
  6. Nothing illegal here says:

    There is nothing illegal about an employer entering into a contract with an employee that requires the employee to pay the employer back the costs of the permit. Employment contracts can have all sorts of clauses to protect both the employer and the employee. Employers routinely get burned when new staff can’t handle island life and leave. Many smart employers will write contracts to recover costs such as airfare etc if an employee terminates contract early.

    Like 13
    Dislike 1
  7. Hmm says:

    As of right now I find labor department is not taking long to process a renewal you just have to apply in time. It’s just when to receive it you might have an appointment date after your immigration stamp expired. I would advise everyone to apply 4 to 6 weeks before your time expired.

  8. Employee says:

    It seems to divide on belonger/nonbelonger employer lines.

  9. LCS says:

    Where is this mentioned in the Labour Code? I’m in anther industry and pay for mine.

  10. Of course they are says:

    Expats are expected to foot the bill for everything here yet they still get treated like dirt. You really think most Belonger employers play by the rules? Many already withhold NHI payments and don’t forward them on. When was the last time any one of them brought to acounts. The statement is that it’s not clear what actions the government has taken when the rules are not followed is laughable.

  11. let them pay says:

    Why should these expats be given a free ride?

    Like 1
    Dislike 21
  12. Salty Fish says:

    Another f**l that lacks the basic intelligence to talk on any subject whatsoever, let alone present an intelligent well-rounded narrative that can be discussed. Instead, just spins a one-sided conversation with himself in hopes that he remains somewhat relevant!

    Like 5
    Dislike 2
  13. Namerequired says:

    This should not be anything surprising to the Gov’t. Just imagine the same gov’t put the onus on poor workers to pay for good standing certifictes, instead of on the employers. They are fully aware that many employers are delinquent on paying taxes on behalf of same employees. It is really mindbending.
    There has been a record of mistreatment to the expatriate workers from gov’t down to house renters. The Gov’t cares nothing about that. In fact they double and tripple the burden when they can. Case in point the arbitrary money transfer tax supposedly to build the old ppl home. The human transgressions are staggering for a so called Christian community. Carry on!

    Like 12
  14. @Hmmm says:

    That wouldn’t help. They wait until the day your time expires and call to let you know its ready. Then force you to extend immigration time to pick up permit and still pay for the year again after uplifting permit. So workers end up paying $50 instead of $25 for immigration fees.
    It makes more sense increasing the immigration fee than to be wasting time going to wait in those offices to renew time twice. that’s loss of 2 days labour to the employer

  15. Sheep says:

    So if I pay for my own work permit my employer should not have a strangle hold on whether I work for them or not, as the work permit is mine to choose whom I would like to work, this needs to be set in stone one way or the other, two many loopholes in the law

  16. Rubber Duck says:

    The employees always pay. If the employer pays then the salary of the employee is adjusted accordingly. Hello.

    Like 3
    Dislike 1
  17. @Nothing illegal here says:

    Correct but the employee should also be allowed the same consideration. For example, an employee who has paid their work permit in full who is then made redundant (not fired) within the first 6 months should be able to recoup their losses.

  18. Really? says:

    Who cares who pays for the permit. the real issue is the ridiculously long time it takes to get a permit approved. Fix this Lorna!

  19. hmmm says:

    persons are going into labour about unfair treatment of their boss and labour is not doing anything. Imagine it have company having persons working for them illegally I mean without a permit and paying them more and victimizing the ones who have work permit and labour is not doing anything.

  20. TRUTH! says:

    Entitlement, Entitlement, Entitlement!

    I believe employees should be paying their own, Social Security, NHI and Payroll Tax as well. I also think compensation should be based on what and how much an employee produces and not how much time he/she spends on the premises. Put everyone on commission and we would be a much more productive society.

  21. Mrs. Hog Wong says:

    If they can’t pay, let them leave the BVI!

  22. hmm says:

    ive seen this happen especially in those big companies

  23. Add Just says:

    Most of you should give gratitude and consideration that it us a priveledge to be given a job jn these VI and paid with US Dollars in an amount triple what u would earn in your country,in the event you you found one.

    Paying for your work permit is but a small price.

    Then again if you are a a position where you are doing the employer a favor and you have alternative choices then negotiate things.

    Like 0
    Dislike 1
  24. Grammar says:

    Your post is too hard to read with it being all in upper case, please re post with proper writing and punctuation……

  25. Expat says:

    Idiot….

  26. Resident says:

    Not so, get with the times….

  27. Resident says:

    If they can’t pay, maybe they are not being paid enough…duh….

  28. Injustice says:

    If workers have to pay for their permits, then the company cannot tequest that they should only serve and work in their establishments
    2. When they company take out social security who is there to protect them when it is not paid in ?
    3. Then the worker cannot get good standing ,
    The expatiate workets are penalized at all angles … they cannot collect SS
    What is the government doing about thid ?
    Why are they silent on this social advantage?
    This is like putting your knees all over the worket throat but eveyone is quiet on the issue . What a cruel social injustice

  29. Not a thing says:

    Paying for work permit is not labour law.
    It is between the employee and employer.
    It is part of the employment terms, if you negotiate the employer may pay, but it is not mandatory in the BVI labour law!

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