Work Permit Violation Fines Set To Increase
As of April 1st the Chief Immigration Officer [CIO] will inherit stronger powers to address people who flout the Immigration law, and fines will double from $5,000 to $10,000 and fines for an indictable offence are set to increase from $10,000 to $25,000.
The Ministry of Home Affairs said, “The new powers are in accordance with the passage of the Immigration and Protection Amendment [No 2] Act, 2013. In essence, the legislation stems from the policy, Measures to Discourage Work Permit Violations.
“And it will enable the CIO to levy civil penalties of $5,000 to $10,000 against those employers who knowingly hire unauthorised workers without a work permit and against those workers who are performing duties outside of conditions prescribed by their work permit. Criminal penalties for offenses under the Act are also set to increase from $5,000 to $10,000 for a summary conviction and from $10,000 to $25,000 for an indictable offence.”
Minister of Home Affairs Michael Fahy said, “Last year, we began the process of overhauling our work permit policy and in doing so we recognised that we needed to strike a balance between protecting Bermudian jobs and ensuring that our business stakeholders understood that Bermuda is open for business.”
The Immigration and Protection Act 1956, places a burden on employers to verify the qualifications of a prospective employee and to ensure that unauthorized guest workers are not hired.
Effective oversight of work permit applications, explained the Minister, “plays a critical role in preventing recruitment violations and the employment of guest workers in jobs which may otherwise be occupied by Bermudians”.
Minister Fahy continued, “An effective worksite enforcement strategy will address both employers who knowingly hire unauthorized workers without a work permit and workers who are performing duties outside of conditions prescribed by their work permit.
“Investigations will also involve egregious violations of criminal statutes by employers and widespread abuses such as harbouring, fraud or worker exploitation.
“The new powers of the Chief Immigration Officer to levy fines on those who flout the law can be seen as a culmination of a modernisation process that began more than a year ago. We are very pleased to see the Act come into effect on April 1st, as it demonstrates this Government’s continued commitment towards protecting the rights of Bermuda’s workers.”
THIS IS AN OUTRAGE!!
About time !!!!!!!!!!!!!!!!!!!
THIS IS AN OUTRAGE!!
ONCE AGAIN THE OBA/UBP SHOW THEIR TRUE ANTI-BERMUDIAN COLOURS!!
errr… waitasec
Immigration also needs to look at the employers that have these foreigners working for their establishment and not paying them weekly like they are supposed to I know of an establishment that hasn’t paid a worker for 3 months and the worker won’t report it because he is afraid of losing their job.
you’re just as bad for not reporting that company for treating that employee like that….SMH !
That company has been reported MANY times!!!!!
I know of a worker working for Bermuda Fowarders for 2 years and does not get holiday pay and he is afraid to say something for losing his job. That is just not wright….
Sounds like that worker has already lost his job, he just doesn’t know it yet!
The Immigration and Protection Act 1956, places a burden on employers to verify the qualifications of a prospective employee and to ensure that unauthorized guest workers are not hired.
Amendments to this portion of the act is long overdue . The burden should be shared between employers , any relevant boards or committees , the unions where necessary and most importantly the immigration department . A heightened level of scrutiny needs to be adopted as job descriptions are regularly misrepresented so as to allow a specific person or group set of people to be employed over local talent .
I applause this and also hope that we will get to a point where the appropriateness of qualifications per role is also prominently included from a fine perpective. It seems to me that we daily see qualification requirements in the newspapers which far exceed those truly required for many of the roles advertised. If one were a critic, one might think that those qualification requirements are purposely being inflated as a barrier to entry for Bermudian applicants, so bypassing the intent of the work permit legislation altogether.
Doubtful, because they can’t hire an ex-pat who doesn’t have the qualifications listed in the advert.
In many cases, what the companies actually do is they go out and recruit the ex-pat worker FIRST and then they tailor a job description around the qualifications of that specific person. The advert in the paper then becomes a mere formality.
A friend of mine had this happen at the company she works for recently. I saw an ad (very detailed, very specific) in the paper and I said to her “I didn’t know your company was recruiting for that position.” She said “It’s already been filled by a foreigner. The company announced the new staff member last week. That’s in the paper because they have to do that.”
And that’s how it works.
A Bermuda urban legend that refuses to die
Turn off your xenophobic brain for a second and turn on your thinking one. You run a department at a company, you need to fill a position… Would you rather: 1. go through the 1-2 month remote interview etc dance, followed by 2-3 months waiting for a work permit 2. hire a qualified Bermudian and just get on with it?
There are cases like you mention, often they’re VERY senior positions. Part of the qualification is personality/presence/REPUTATION, unfortunately that’s just the way it is.
For more junior roles, I guess that could and does happen… but ask yourself with that thinking brain, does it make SENSE?
“Many” is a bit of a stretch. Many times, someone who doesn’t get a job is a bit sour and isn’t really telling the whole story… and a lot of people aren’t nearly as “qualified” as they think they are. Stop sucking teeth, get an actual qualification, and get on with it – companies (good ones at least) are falling all over themselves to hire Bermudians, often at the expense and to the detriment of their current expats! It just makes sense… why do you want an employee that’s subject to the whims of immigration / is eventually just going to go “home”. Businesses LOVE continuity and stability and HATE uncertainty. The PLP never got that, and the fact that this boogeyman tale is still around suggests that non-trivial segments of the Bermudian population don’t get it either
Why don’t YOU turn of YOUR PREJUDICE GENERALIZING lump of jello in your cranial cavity. The real urban legend here is that all locals are lazy & incompetent. Many may be a big stretch for a position that requires a university degree or college diploma but you can’t tell me all the foreign employees that do cleaning here went through a Custodial technician training program. In fact many of these employees & many others in positions that require minimum skills have been here for TEN, FIFTEEN or TWENTY YEARS so there goes you uncertainty fallacy. Even under Term Limits these people were able to keep renewing their permit. You have your urban legend PLP’s was Term Limits. The reason why it never worked is because it was never applied except for IB. Another tall tale that PLP was xenophobic when they really were IB-phobic. During Ewart’s term the most permits were approved in the history of Bermudian immigration. It all boils down to profits made from reductions. Pay a foreign worker a couple of dollars less than a Bermudian & the money for a four year permit is saved in a year & after that it’s profits.
Xenophobe.
If there truly are tailored permit ads for cleaners (and the like) as you say and it’s not as simple as they can’t get enough (any?) Bermudians to apply for those positions, then the entire immigration dept should be fired
Well, this is a load of bo**cks. Why would any company want to hire a qualified capable Bermudian who might “steal” business away to another Bermuda based firm, when they can bring in an indentured servant on a work permit who when they’re done with them they can just kick them off the island.
I have worked for many years abroad at very senior levels, and know for a fact that experience and capability is what counts in the international market place. Here in Bermuda where firms have the privilege of hiring their very own indentured servants on work permits means that they gain something that is not available in the wider international marketplace – security and protection from competition. In truth Bermudians who have the right to compete are not wanted, because they have more rights than a work permit holder… and an easy way of limiting their access to the roles is to over qualify the roles.
Sorry but that doesn’t really add up
No company is going to internally announce a hire before it’s through the job ad etc process, for just this reason… c’mon, you think they’re that stupid?
This is just more BS meant to stir the pot. It may not be YOUR BS, but it’s somebody’s and it’s doing it’s job as it’s been passed on and now has 21 likes and counting.
IMO the fines r still not high enough n doesn’t go far enough they also should b banned from bringing in a worker for 5 years for the first offence n 10 years for the second offence then if there is anymore infractions he should also have to go before an independent board n they decide his fate
Duh – then the company would just up and leave Bermuda – and lots of unemployed Bermudians behind. Not smart.
What about situations where we know of unemployed Bermudians who are being denied jobs for reasons such as “overqualified” or “only want entry level people” now? There are Bermudians being made redundant in IB that are finding it very challenging to be reemployed in any comparable way, and this government is not protecting them or aiding them in any tangible way.
When does that happen? Banks would rather take an overqualified Bermudian over paying to relocate an ex-pat.
Not.
It would have more effect were any guest workers still here. They have been leaving in droves, Fahy!
Leaving like droves?!?!?! LMAO!!! That’s a good one. They sure seem eager to leave. Got their passports ready & all.
http://bernews.com/2014/02/photos-philippine-embassy-team-visits-bermuda
This is all a good thing, but it is pointless in executing increases of fines only to have someone flout the law – go to court – and get fined $500.00. If the fine is $5000.00 then the fine is $5000.00, not ifs, ands, or buts. The best deterrent to re-offending is a stiff fine.
Grotto Bay got fined $8,000 last year. Under the OBA.
Good move. Make em pay. Islands too small for people to over stay their allowance. Even more so that bermudians can fill that spot. Employers know what they do.
You mean the Bermudians that are too good to work at the Fairmont, but don’t want to put the time in to get a CA, CFA or M.Fin? Where should they work? What employers are you talking about?
Exactly – you mean the Bermudians that are too good to work at Buzz and most other restaurants? You mean the Bermudians that feel entitled to full-time pay for showing up only part-time? Those Bermudians?
There USED TO BE Bermudians working at the gas station restaurants & I could get as many slices of pizza as I want because they always had a hot fresh ones coming out the oven. Now I would have to get a whole pizza when I only want a slice.
boycott buzz I do
How many persons with a CA, CFA or M.Fin would Fairmont need? It’s a hotel not an investment firm.
So, are you suggesting that if you do not have a CA, CFA or M.Fin that the only work you are qualified to do is work at the Fairmont? If so, WOW your prejudice is stunning!
You’re missing the point. You can’t get a finance job ANYWHERE in the developed world with just an undergraduate degree. You need a designation or impressive experience. At the very least you need to be in the process of obtaining a designation (ex: CFA Level 1 Candidate.) This is not unique to Bermuda.
My point was that some Bermudians (not all) seem unwilling to take jobs that they are qualified for, and attack ex-pats for filling roles that they are not qualified for.
Not true. I personally have worked in the finance sector in London at a senior level without a CFA or Series 7. So with that in mind, the remainder of your point is either moot or prejudiced.
Times have changed, and the market is far more competitive now. I’m not sure you understand the definition of prejudiced, because as I said, this is not unique to Bermuda. There are thousands of people in the US, Canada and UK who have had to take jobs that they may be overqualified for because they were made redundant during the recession.
Work ethic, I understand your flawed perception of both the term prejudiced and in relation to my experience. You are clearly someone who likes to jump to conclusions that suit your own twist on the world. None of which diminishes my original reply to Eye of Horus’ comment.
Aint watchn all dat. You dont know all bermudians. Experience is everything. Bermudians deserve dibbs on job experience in their own home, papers or not. Anyone can be fired or replaced . Depending on what you have in the bank you should be able to work. Need/greed
Make room for the young people.
sorry, the papers are important
You have a publicly traded company… no way the board is allowing a non-CA/CPA to hold a key finance position, doesn’t matter if they’re the best candidate for the job by a mile other than that little problem… that’ll kill it
stop deluding yourself (general here, not YOU… but maybe?), get some letters
Not true. The individual signing off on the accounts needs to be qualified, their reports do not. The roles are being overqualified so that non-Bermudians on work permits with less rights than Bermudians can be hired, thus giving the firms more control over their employees.
Technically you are correct
In reality, it would never fly.
There is a key difference
Thank you for conceding the point. And while I agree with you that it does not fly in Bermuda, it certainly does in London and other financial centres. So, back to my original post.
So, you’d be fine if your doctor used to be a bar porter at the Fairmont… because he really needed the job.
A doctor must be qualified to practice, so this is a non-argument… and as it happens my doctor used to work in a hotel in a lowly role, just like most qualified Bermudians did when then were younger. So, please take your prejudices elsewhere.
if he has the qualifications to be a doctor
Yuk, yuk what sn amazing wit you have.
What is gonna b interesting is when we find just how many work permits Government actually have given out this year with all these Bermudians out of work by the way my coworker sister just arrived she has a job caregiver just got her papers WTH
Let’s compare the number of permits given out in 2013 with, say, 2007.
Well, as someone who has had to hire caregivers for the past decade, I can tell you that up until a year or so ago, I only ever had 1 Bermudian apply in 10 years, and that person didn’t work with kids but was just looking for work. In 2012 I had a few locals apply and there were certainly a couple that worked with children and I was definitely interested in hiring but due to their own situations they couldn’t take the job. The problem had nothing to do with the pay (we never even got that far to discuss it!) but either they had their own children to care for and couldn’t do the after-school hours or they didn’t drive. Definitely a requirement! I tried and asked them what would they need to make the job work for them but they were really looking for more commercial jobs (schools/hospitals, etc) rather than working in a home. So yeah, my experience has been that it’s pretty challenging to find locals even disregarding any professional certification.
I’ll suggest it once again. Why doesn’t Govt. have them that are able body (yet are receiving Govt. assistance because they claim they can’t find a job) be compelled to do the menial jobs we all see daily being done by foreign workers?
If for some reason they aren’t earning enough money from the “menial job” then they can ask or be given financial assistance so as they too can make ends meet…To only complain day in and day out is absolutely ridiculous!
So are you suggesting that university qualified Bermudians who are out of work should be compelled to do menial work?
After I got my university degree, I had to work as a bartender for 18 months before I got a job in finance, which I got because I was working toward my CFA.
No one, whether they are university educated or not, is too good to work in the service industry.
I agree.
Mewjan: They should not have to be ‘compelled’ as you say. They should want to do more menial work until something better comes along. It is called ambition. Unfortunately, some Bermudians think they are too good for menial work – which is why you constantly find foreigners in those jobs. We have done it to ourselves because of our unearned feeling of entitlement.
I agree with your point about willingness and in the case of some Bermudians, you point about entitlement, but not in the case of all Bermudians. There are plenty of Bermudians who are willing to put in the hours and work hard. I disagree that it is the reason why “foreigners” are in those jobs. Since they do not have the same rights as Bermudians, they may be coerced into working harder as that contract is their only source of income on this island. And as they invested a lot in coming to this island they have little choice, but to be overworked and possibly, underpaid. Bermudians may move from job to job as they wish and so cannot be bullied quite so effectively. Is it any surprise then, that we have so many work permit holders doing menial jobs in which they may have their human rights violated?
If necessary…yes.
I worked for a bermudian owned company doing fire sealing in buildings in Hamilton…the company brought a guy in from Canada…they gave him a book of codes and tole hom your in charge….first two days…three days he was meek as a lamb…third forth day he was nasty and attempting rough shod overbearing denegrative authority….skinny little pissant….shouting and carrying on very badly…normally I would snatch him a snatch and throw him into a wall or some such,(I don’t do abuse very well),but I felt sorry for him,coming from a place just recently just got television….and indoor plumbing…etc…….I knew his understanding was limited…to say the least….you know…not quite a full package …lights are on,nobody there,vacant stare…the type of guy you initiate the coversation by saying…do you understand me?..
or …do you speaky english?
Sleepin’ dawg, you don’t actually believe what you’ve written do you? If you are a Bermudian, you might as well say all of us Bermudians are as unwelcoming as ex-pats been led to believe! For those non-Bermudians reading this, please accept that this xenophobic attitude is an exception to the rule. We recognise that most of you are over here on work permits being worked to the bone as indentured servants because your employers fear hiring suitable Bermudians and we applaud you for your hard work and diligence. As a Bermudian, I personally apologise for the xenophobia being displayed in Sleepin dawg’s comment.
Oh…his prior employment was a panel beater in automotive within Canada….you know?Doesn’t immigration check these things?
We are sorry…immigration will be closed today do to cognitive dissonance.
Give them their due dilligence.
It’s about time they start to enforce the work permit policy!!!!
Too many folks think they just get a degree in something or other and expect to come straight back to the island and walk into a six figure job the next day
, most jobs you have to work your way up and getting overseas experience first would be a help it’s a global work force and us locals can work anywhere in the world why restrict yourself to 20 square miles ,
The golden egg in Bermuda is cracked and gone so the latter may become the norm.
Here is a true situation where it was made quite clear to me how Bermudians are treated as opposed to migrant workers. Who do you work for? a major Bermudian institution. How high is your educational level?High school. Do you pay your own rent or is it subsidize? the company pays for it. What type of job where you brought in for? I am going to be trained to be a computer analysis. Now I am a person whose inner feelings shows on my
face and I know my feeling in thinking why couldn’t this major Bermuda company give this same opportunity to a young Bermudian shown on my face; but because of the circumstance by which I came upon this information I had to remain cool and carry on with the task I was given. That was more than ten years ago. I have no reason to believe that anything has change in the work place in terms of the Bermudian getting a fair and just deal when it comes to employment rights and opportunities in their own country and for that reason I would not hesitate to do my best to make any government pay a political price for being careless over the question of employment rights of Bermudians in their own country.
It would make sense to implement something to the effect of for every work permit issued and entry level job filled with a Bermudian should be created, because I always see these over qualified positions advertised which is fine, but rarely see entry level job opportunities. This way it would give Bermudians an opportunity to work their way up to that work permit level.