05 WORKING IN CAYMAN

Working in Cayman

How to find a job in the Cayman Islands, the different jobs available, insight into the Islands’ Labour Law, and details of Cayman’s recruitment companies.

Employment Prospects

84 - Work Permits 84 - Labour Law - Know Your Rights 86 - Finding a Job 87 - Financial Services Professionals 87 - Other Skills & Professions 88 - Recruitment & Employment Agencies 90

The Cayman Islands has numerous employment opportunities in the financial services industry, making it a desirable jurisdiction to be employed, attracting professionals from around the world. Jobs in other sectors (medical, construction, retail) exist mainly to meet the demands of the local market. The Island has a well-educated local workforce, but traditionally there have been more positions to be filled than there are qualified candidates. This is changing, however. Foreign workers make up a large percentage of the workforce, and come from around 135 different countries. Historically, the two pillar industries that have fueled Cayman’s economy were tourism and finance, but since the global pandemic, and the closing of Cayman’s borders, it would now be safer to say that Cayman’s pillar industries are development and finance. More and more financial service businesses and individuals, including family offices of high-networth individuals, are moving to Cayman. The need to show an economic presence in Cayman has fueled some of this, as has the huge need for compliance workers who are quickly snapped up by legal and corporate services firms. Although coming to an end, the introduction of the Global Citizen Programme opened up more opportunities for people to move to Cayman who just wanted to live and work in a jurisdiction with a very low community transmission of COVID. We do however expect the number of Cayman residents to rise in 2022 as our borders begin to open and many of the displaced tourism workers return. We also anticipate the return of tourists in 2022, although vaccination and testing measures will remain in place. Through 2021, the Cayman Islands Government was firm on its goal of ensuring 80% of the local population had been vaccinated before borders could reopen. See the Immigration and Preparing to Move chapters for more information on how to move to the Cayman Islands, including during the global pandemic.

EMPLOYMENT PROSPECTS

Work Permits Strict work permit regulations exist to ensure that Caymanians, the spouses of Caymanians, Permanent Residents and existing Residents are given preference, in that order, for any position. The rules present some unique hurdles to the expatriate jobseeker, so a basic understanding of this process is required to put the employment market in context and avoid finding yourself in a position that is improvident at best and disastrous at worst. Unless contracted to Government, expatriates must either hold a valid work permit, a Special Economic Zone Certificate, a Certificate of Direct Investment, a Residency and Employment Rights Certificate or hold Permanent Residency

with the right to work in a prescribed occupation or occupations in order to work and reside in the Cayman Islands. The administration of work permits is the responsibility of the Cayman Islands Government Department of Workforce Opportunities and Residency Cayman (WORC) and are the legal obligation of your employer. There is also an understandable emphasis on the training of local staff to ensure that they have an opportunity to develop their skills. The onus is on the employer to demonstrate to WORC that they have tried to fill the position with a Caymanian by advertising the job on the JobsCayman website. Only after all efforts to recruit locally have failed can the employer rightfully justify a work permit application. This process must be repeated periodically (usually once every two years) depending on the employer’s circumstances. Some employees can, however, be granted work permits of up to five years’ duration, or, in relation to senior positions in the financial services industry, up to 25 years.

Work permits can take as long as three months to be processed, although they are often issued within six weeks of application. Temporary Work Permits (for anything from 30 days to up to six months) can be granted within a matter of days (if an express fee is paid), but they are generally discouraged in favour of full (i.e. one-year) permits. Temporary Work Permits should only be used when the circumstances justify it, for example, where there is genuine urgency or where the employment is temporary in nature as in the case of a time-sensitive project or maternity cover. A Seasonal Worker’s Permit allows the employee to work for eight months. Where employees are only required for very short periods and no residence in the Islands is expected, exemptions from the work permit restrictions can apply in particular circumstances. Other types of permission such as a Business Visitor’s Permit or even a Visitor’s Work Visa may be appropriate alternatives. Note: a work permit is granted for a specific position with a specific employer. This means that a work permit holder is not entitled to work in any other capacity or for any other employer and that any significant changes to the person’s role within the organisation must be approved by WORC prior to the individual taking up a revised role.

If you want to take up employment with a different company while you have an existing work permit, your current employer must provide a letter to WORC releasing you from your work permit. You should, therefore, be doubly sure that any position is right for you before committing to a longterm contract. Once employed, you should take some time to consider your situation before your employer applies for your work permit renewal, as you are effectively bound to them from the time of application until expiry of the permit, unless the permit is cancelled at the employer’s request.

It is unlikely an employer will be granted a work permit unless a) the proposed expatriate employee is professionally qualified or very well experienced in a relevant field, or b) there is no interest in the position from the local workforce (which is actually fairly common). This creates something of a “Catch 22” for those expatriates without a professional qualification. The better the position, the higher the level of interest from the local workforce and the less likely it is that an expatriate will be granted a work permit.

There are certain occupations that presently seem to hold little appeal for existing residents. These are often positions that offer little job security, irregular or anti-social hours of work, or a somewhat unpredictable or unreliable income stream. Examples of such lines of work are diving, nursing, construction, food and beverage service, security services and most commission-based sales positions.

In June 2021, Premier Wayne Panton spoke of implementing a law that would

require all new or renewing work permit holders to be immunised against COVID as a condition of them having their work permit approved.

Labour Force & Work Permit Numbers It is estimated that there are just over 48,000 working adults in the Cayman Islands, of which 2,995 are Caymanian civil servants, 1,232 are non-Caymanian civil servants (September 2020) and 26,967 are work permit holders (July 2021). These work permit holders hail from 135 different countries, including from Jamaica (11,740), the Philippines (4,086), the UK (1,759), India (1,165), Canada (1,145), Honduras (1,095), the USA (942), Nicaragua (488), South Africa (465) and Ireland (337).

Rules on Residing On-Island Whilst a Work Permit is Processing WORC authorities generally dictate that individuals should not be present in the Cayman Islands while a Work Permit application is in process. However, this does not apply if you are already legally resident, including, for example, working legally on a Temporary Work Permit (TWP) and the Full version is submitted to WORC before your Temporary Permit expires. Generally speaking, without special circumstances or the consent of the Director of WORC, no one is permitted to remain in the Cayman Islands as a Tourist Visitor while a Work Permit application is being considered. Once your permit is approved, you can return to the Cayman Islands and start working.

It should be noted that if you come to the Cayman Islands on a Temporary Work Permit, and your subsequent Full Work Permit application is denied, you will have to cease work immediately and may have to leave Cayman on short notice, unless permitted to remain by virtue of some other provision. spouse or children are not automatically entitled to reside in Cayman even if you hold a valid permit. They must be named dependants on the permit and a separate application must be filed. All accompanying dependants must also submit an original medical questionnaire if over 18 years of age and, for a spouse, a certified copy of your marriage licence, civil partnership, any final divorce decree, and an original police clearance certificate. If the dependant is a child, a certified birth certificate naming you as a parent and, if old enough, a letter from a Cayman Islands’ private school confirming acceptance is required. Where appropriate, arrangements for homeschooling can be made. WORC will consider, along with other factors, your ability to financially support your dependants. Dependants can also be added to a Temporary Work Permit. For more information see the Immigration chapter.

Work Permit Term Limits: ‘The Roll Over’ Policy In 2004, the Cayman Islands introduced an immigration ‘term limits’ policy, a necessary consequence of near exponential growth of the population over the previous four decades. Under current provisions, most expatriate workers can only remain in the Cayman Islands for a maximum of nine years, unless they have applied for Permanent Residency (PR) on passing eight years of legal and ordinary residence. All such applications must generally be made by the ninth anniversary of the expatriates’ arrival to live in the Cayman Islands.

The point system for awarding PR provides workers with greater transparency and certainty. This system permits everyone who qualifies to apply for Permanent Residency following a clear and objective set of criteria.

Labour Law - Know Your Rights We strongly advise you to become familiar with your employee handbook, the Labour Act (2021 Revision), and the Gender Equality Act (2011 Revision). Below are some of the highlights of the laws governing employment in the Cayman Islands: Sexual Harassment: The Gender Equality Act (2011 Revision), states that sexual harassment is illegal in the Cayman Islands. Maternity Leave: The Labour Act (2021 Revision) stipulates that 12 calendar weeks must be granted for maternity leave. The amount of paid maternity leave is four weeks (20 days) full pay; four weeks half pay and four weeks no pay, for all female employees who have completed 12 months of employment. Otherwise it will be on a prorated basis. Holiday Pay: According to the Labour Act (2021), each employee is entitled to a minimum of two weeks’ vacation (10 working days) for the first four years of employment, three weeks (or 15 working days) for years four to 10 years, and four weeks (20 days) if employed for over 10 years for the same company. Severance Pay: Under the Labour Act (2021), all employees who have continually worked for their employer for more than a year are entitled to receive severance pay if their employment is terminated for any reason other than for misconduct and poor performance, at a rate of one weeks’ salary for every completed year of service. For part-time employees, severance pay is calculated based on the ratio of their hours of employment to the standard work week. Unfair Dismissal: If an employee feels that they have been unfairly dismissed they have 90 days from the date the employment was terminated to file a claim for unfair dismissal with the Department of Labour and Pensions. If the employee is successful with their claim, they may be entitled to further compensation if the Labour Tribunal deems fit. Minimum Wage: The current national minimum wage is CI$6 but the new PACT government run by Premier Wayne Panton have committed to reviewing it as many feel it does not provide a living wage. Currently those in service positions who receive a portion of their income via gratuity can be paid CI$4.50 per hour, and domestic helpers who receive benefits (such