Temp jobs must be advertised at WORC before permit application

Cabinet has approved new regulations requiring the advertising of temporary job vacancies on the Workforce Opportunities and Residency Cayman JobsCayman portal prior to submitting temporary work permit applications for the positions.

According to a statement issued by WORC on Friday, 10 Feb., the new requirement means that, from 31 March, employers must advertise all local full-time and part-time job vacancies on the JobsCayman portal for 14 days prior to the submission of a temporary work permit – similar to the process for full work permits.

“We hope that this new regulation will encourage both job-seeking Caymanians and employers wishing to attract and retain talent to register on the portal now that it’s a requirement to post all available jobs whether full-time or temporary before a work permit is issued,” said Deputy Premier and Minister for Labour Chris Saunders.

In 2022, WORC processed 55,000 applications. Of those, it approved 21,040 temporary work permits, the statement noted. And in January this year, it approved 1,830 temporary work permits.

“The high numbers could be used as an indication that employers are using it as a first step to import labour instead of taking the time to find a suitable job seeker locally,” the statement said.

Acting Interim Director of WORC Jeremy Scott said, “This new requirement means that more jobs will be posted on the portal, therefore WORC will be better able to assess the employment industry, as well as forecast what required skills job seekers need in an effort to close gaps that are in particular employment categories.

“Having this data will be vital to building a strong and capable Caymanian workforce.”

He encouraged all Caymanians seeking employment to register on the JobsCayman portal.

The new advertising requirement does not apply when submitting a temporary work permit for people who will enter Cayman for a period of 30 days or less, such as legal counsel acting in any matter; a visiting medical practitioner or other specialists in the medical field; a consultant; an overseas vendor or travelling salesperson; or anyone coming on short-term assignment.

Under the new regulations, if a Caymanian applies for an advertised position but is unsuccessful and a temporary work permit is submitted, the employer will need to provide the names, qualifications, working experience and background of all applicants who applied for the position, reasons the chosen applicant was hired, and details as to why the Caymanian job-seeker was not.

The statement noted that employers who fail to advise WORC that a Caymanian or holder of a Residency and Employment Rights Certificate (RERC) has applied for the position for which the employer is seeking a temporary work permit, or if the employer provides inaccurate or incomplete information in an attempt to deceive the director of WORC either by act or omission, could face summary conviction and a fine of $5,000.

It stated that employers who are not familiar with the JobsCayman portal can find ‘How To’ guides to help them register and post job ads on the WORC website. Both stages require backend authorisation by WORC administrators, so the department recommends  employers allow two to five business days for the process to be completed.

The regulations also provide that the director of WORC may grant a temporary work permit advertisement waiver under “very exceptional circumstances” where there is clear evidence that a waiver is urgently required or where the employer is seeking to employ a babysitter, nanny, specialist caregiver, caretaker, private chef, butler or any other worker in a personal capacity.

For more information or to access the JobsCayman portal, visit www.worc.ky. WORC can also be contacted by email at [email protected].