Deputy Premier and Minister for Border Control Chris Saunders has sounded a warning to local employers and employees that anyone found breaching Cayman’s employment rules will be prosecuted.
This, after it was alleged that some “irregular migrants” who arrived in Grand Cayman are being employed or are seeking employment while their applications for asylum are being considered.
“It is very clearly stated in law that to employ any person without the relevant permission or right to work in the Cayman Islands is a criminal offence, punishable by both imprisonment and fines. Migrants who are seeking asylum do not have the permission or right to work in the Cayman Islands while their applications are being considered. So, it should be abundantly clear that they cannot be legally employed,” Saunders said in a statement issued by the Ministry of Border Control & Labour and Workforce Opportunities & Residency Cayman (WORC) on Tuesday, adding, “The law will be enforced in this regard, and offenders will be prosecuted. I cannot state it any more plainly.”
The Ministry and CBC also added that employers are reminded that “unless exempted from the requirements of the law, it is an offence to employ someone without a work permit or other form of employment authorisation.”
No details were provided in the statement about the alleged claims, or the businesses said to be involved.
Over the last few weeks, Cayman has seen a steady flow of Cubans arriving on Cayman Brac and in Grand Cayman. At last count, on 26 May, the total number of Cubans under the supervision of immigration authorities stood at 177.
Apart from an employer facing hefty fines for breaking the law, the ministry also reminded that an employee working illegally is also committing an offence.
Under Section 68 (1) of the Immigration (Transition) Act (2022 Revision) a person who engages “in gainful occupation or fails to comply with any condition or limitation contained in a work permit commits an offence and is liable on summary conviction in respect of a first offence to a fine of $5000 and to imprisonment for one year and in respect of a second or subsequent offence to a fine of $10,000 and to imprisonment for two years.”
An employer could face a fine of $20,000 for a first offence, and prison term of one year, while repeat offences carry the risk of a $30,000 fine and a two-year prison term, if convicted.
The public may email information of known employment breaches to [email protected] or complete the department’s online complaints form by visiting www.worc.ky.
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