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Business chiefs welcome debate on work permits

Business leaders yesterday welcomed a discussion about proposed six-year time limits on work permits.

But they warned businesses could be harmed if restrictions were placed on hiring key employees.

The draft proposals released this week say employees in occupations with more than 100 foreigners will be restricted to a maximum of two three-year terms.

However, a final three-year term will be granted to employees if their employers can make a strong case while key individuals will be exempt from work permit restrictions.

Occupations set to come under the new time limits include: General Managers, Managing Directors, waiters, secretaries, housekeepers, gardeners, business consultants, teachers, lawyers, analysts/market controllers.

There was a further set of occupations which currently employ more than 100 foreigners but which might be exempt from the clampdown because there was a world shortage of people in those jobs.

This group included: chefs, accountants, gardeners and computer analysts.

Jan Spiering, chairman of the International Business Forum, said: "It's right to have this discussion document but the question of where it settles is the key.

"From an international business perspective we want to make sure there is the ability to keep attracting the best and brightest people to be able to compete on the international stage.

"I recognise there is the counter argument from Bermudians that the continuing long-term resident situation doesn't get worsened. It's in the interests of international business to hire Bermudians as the costs are a lot less.'' "The ability to have key employees not restricted by time limits is crucial.

You can't restrict key employees and expect business to flourish. You can't say come and join my company but the longest you can stay is nine years.'' The document says employees are `key' if one of the following is true: they are among the best practitioners in the world, they have a rare specialism or possess a skill that is in world-wide demand, they have skills which would damage Bermuda or Bermudians if they were forced to leave, they have business contacts critical to the company's success, they create well-paying jobs for Bermudians, they train Bermudians with vital skills.

Chris Dapena, chairwoman of the Chamber of Commerce, said she welcomed the fact that Government had made it clear they wanted to listen to the views of business.

She said various business divisions would be meeting over the next few days about this but she declined to give her personal views until all the feedback was in.

If accepted the policy will only apply to those who have been recruited after March 31 2000 or to those with work permits who change jobs after that date.

Employees who have reached their time limit can return to work in Bermuda and start afresh if they have stayed away for two years.

Business leaders welcome debate on work permits A non-Bermudian on a work permit is not normally permitted to change employers more than once in any five year period.

When a person formerly on a work permit leaves Bermuda but returns to the Island to work within a period of two years the previous job moves will count.

There were other changes put forward in the paper. Divorced parents of Bermudians can work unrestricted until their child is 22.

Those in the working resident category (having lived and worked here at least 15 years out of 20) are not now permitted to work in closed or restricted occupations such as taxi driving.

There will be an easing of red tape on business people arriving to attend directors and shareholder meetings as well as easing restrictions on allowing emergency cover when equipment fails or there are staff shortages. And there are changes in the restricted jobs category with stricter regulations on non-Bermudian cleaners.

Photography has been added to the restricted category with non-Bermudians only allowed to work for overseas publications or overseas clients.

However, there was a relaxation on employing foreigners as tourism salesmen in the summer months as there had been problems getting enough locals for the jobs.

Job agencies must advertise for Bermudians every three months and submit quarterly reports on the numbers of Bermudians they employ.

Staff can then be assigned to another firm for a maximum of three months before further immigration approval must be sought.

Foreigners working at job agencies will be given initial one-year permits but will not be allowed to transfer to full-time employment during the first six months of their permitted stay.

Those working for accountancy firms accepting foreigners for Certified General Accountancy posts must demonstrate they have given locals equal chance of employment.

Each application for a work permit by medical nursing agencies must be supported by a letter of support from the Bermuda Nursing Council and the Bermuda Nurses Association.

The Bermuda Hospitals Board will have to submit quarterly reports to Immigration on all their medical staff saying whether they are Bermudian or from abroad. The BHB also has to advertise for Bermudian staff every three months.

The draft plan also seeks to upgrade conditions for live-in nannies in order to tempt local applicants currently discouraged by the working conditions.

Nannies must be paid at least $10 an hour minus $158 for room and board. When applying for a live-in nanny other than nanny/housekeeper employers must submit a written, agreed contract to Immigration. On the work permit restrictions Shadow Home Affairs spokesman Michael Dunkley said: "We are quite concerned about any changes. We have time limits on issuing work permits at the moment so why have a double time limit? "It makes it more difficult for business to operate.'' He said there was really no unemployment in Bermuda so he didn't see why businesses had to have the cost and hassle of replacing expats whose work permits had reached their limit.

He said: "This issue needs to be thought out. Time limits were discussed under the UBP government but they were not implemented for the reasons I've given.'' "We support the Minister over giving Bermudians job opportunities but this way doesn't seem to be in the interests of Bermuda or Bermudians.'' Home Affairs Minister Paula Cox refused to be drawn on the paper's impact. She said: "Given that the document is a draft consultative document for consideration by all the parties, it will not be finalised until input has been received.

"The Ministry's considered view is that it is not constructive at this stage for the Minister to publicly comment on draft policies, especially given that we are all operating in good faith and in the spirit of mutual confidence and that it is a draft consultative document, confidential to all the parties.'' Jan Spiering Cris Dapena