BVI Opposition Urges Draft Labour Code Withdrawal

by Robert Lee, Tax-News.com, London

15 November 2001

The British Virgin Islands opposition National Democratic Party (NDP) has publicly requested that the government's draft Labour Code 2001 be replaced with another more suitable bill that addresses the territory's 'unique economic circumstances.'

'Fellow British Virgin Islands and residents,' declared leader of the NDP, D Orlando Smith, in a radio address last week, 'it is my duty today to speak to you about a matter that has caused great concern and uncertainty throughout this entire community…I am speaking of the new Labour Code which has already been approved by Executive Council and had its first reading at the last meeting of the Legislative Council in September.'

According to the Island Sun online news service, he said that while the existing 25-year old Labour Code was in need of revision, the government's amended draft is a threat to BVI's economic survival. 'Your government appears to have suddenly discovered the meaning of open government with its town meetings long after the horse has left the stable,' claimed the opposition leader.

'A caring government would have discussed the Code in draft form with you and gotten a balanced view that would have been reflected in the final version to be approved by Executive Council. In order to really stimulate business…and at the same time to improve the conditions of workers…, government must…not lock itself into situations that will limit its ability to influence the economic development of the territory,' he added.

A major feature of the draft states that 'non-belonger' workers in the Islands will no longer be granted an initial work permit of more than five years. Permits will be issued for up to one year at a time and then be considered for a renewal or an extension. A new five-year limit will be introduced under which workers who have held work permits for five years must leave the BVI with their dependents and remain outside the territory until they can be considered for either re-employment or new employment.

The Honourable D Orlando Smith is not alone in his objections. Following the release of the draft Bill for public consultation last month, many businesses raised concerns that they may be made to employ workers simply because they are British Virgin Islanders and are not sufficiently qualified. Fears were also expressed over just who would be held accountable for severance pay if the five-year restriction is imposed since around 80 per cent of permits are classed as renewals.

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