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P.A.T.H
Industrial Safety Division
Industrial Disputes Tribunal
Pay and Conditions of Employment
Jamaica Council For Persons With Disabilities
Jamaica ELectronic Labour Exchange
Overseas Employment Programme
CARICOM Single Market and Economy (CSME)
Q:
What is PATH?
A:
PATH is the acronym for the Programme of Advancement Through Health and
Education. It is a programme of the Government of Jamaica which is
administered by the Ministry of Labour and Social Security. PATH replaces
three (3) social assistance programmes:
-
The Old Age and
Incapacity Programme
-
The Food Stamp
Programme
-
The Outdoor Poor
Relief Programme.
Q:
What does PATH do?
A:
PATH provides cash grants for the poorest in the society, who do not have
the means to support themselves.
Q: How does PATH help?
A:
PATH provides two (2) types of benefits - Health Grants and Education
Grants. It also provides access to other benefits provided under the
Social Safety Net. (SSN)
Q: What must you do to get on the Programme?
A:
First you must apply. Once you have qualified, your family begins to
receive cash assistance. During the first year of the Programme, the cash
grant was $300.00 per month for each beneficiary. In the second year it
was increased to $400.00 and in the third year it will be increased to
over $500.00.
Q: Is there any other benefit?
A:
Yes. Beneficiary students at the secondary level are exempted from
the payment of tuition fees. Health care at government facilities is also
provided for beneficiaries.
Q: Does PATH pay school fees for basic school children?
A:
No
Q: Does PATH provide school books and uniforms?
A:
No, however, the Ministry of Education, Youth and Culture provides the
books which are normally available under the National Textbook Rental
System free of cost to secondary school beneficiaries.
Q: Where can I apply for PATH benefits?
A:
Applications can be made at the parish offices of the Ministry of Labour
and Social Security.
Q: What documents do I need to take with me when I apply?
A:
Applicants must provide:
·
birth
certificate or other proof of age for the family head
·
Identification for the family head
·
birth
certificates for all the children under 17 years old who live in the
household
·
birth
certificates or other proof of age for the adults in the household who are
60 years or older
Q: I would like to apply but I am unable to read, will someone be
available to assist me?
A:
Yes. Applicants are interviewed by an officer of the Ministry who
completes the application form.
Q: Is there an application fee?
A:
No.
Q: Who is eligible for a PATH benefit?
A:
Any person of the following list who lives in a poor household:
·
children aged zero to 17 years
·
persons aged 60 years and over
·
pregnant or lactating women for up to six months after delivery
·
persons with disabilities
·
poor
adults
Q: Can a representative make an application on my behalf?
A:
Yes. the representative must be able to provide the necessary information
and submit the required documents.
Q: Where will I collect my payments?
A:
Payments must be collected at the Post Office or Postal Agency which is
closest to the beneficiary's address. Proper identification must be
provided before the cheques are disbursed.
Q: Who collects the payments?
A:
Payments may be collected by the Family Representative or a designated
Agent.
Q: Who is a Family Representative?
A:
The Family Representative must be a member of the family which is
receiving the benefit. This individual signs the agreement with PATH and
collects the payments and ensures that the beneficiaries adhere to the
conditions stipulated by the Programme. In addition, the Family
Representative reports changes affecting the family to PATH.
Q: Who qualifies to be the Family Representative?
A:
The Family Representative must be:
·
At
least 18 years old
·
Willing and able to undertake the duties assigned
·
Someone who all adult family members agree on
·
A
member of the household
Q: Who is an Agent?
A:
An Agent is a non-family member who functions in a similar capacity to a
Family Representative. This person is usually appointed by someone who is
physically unable to collect his payments.
Q: How many persons in a family can receive PATH benefits?
A:
There is no established limit.
Q: How often are payments made?
A:
Every two months.
Q: What provisions are made under PATH for persons suffering from
HIV/AIDS?
A:
There is no special provision. All of the beneficiaries are selected on
the basis of one criterion - poverty. Information collected on the
applicants' health status is restricted to pregnancy and disability.
Q: What is an Education Grant?
A:
This is a cash grant which is provided to children aged 6 to 17 years old.
Q: What is a Health Grant?
A:
This is available to beneficiaries who are outside of the 6 to 17 years
age group.
Q: My wife who was the Family Representative has died. Will my children
be able to continue to receive PATH benefits?
A:
Yes, however, the family must submit proof of the death to the Ministry's
Parish Office and name a new family representative.
Q: What are the compliance requirements?
A:
Compliance requirements vary with the category of the beneficiary.
·
children who are in the zero to under 12 months age group must visit the
health centre every two months.
·
children aged 12 months to 71 months must visit the health centre once
every six months.
·
children aged 6 years to 17 years must maintain a school attendance record
of at least 85%.
·
pregnant women must visit the health centre every two months while
lactating women must visit at 6 and 14 weeks post partum.
·
persons with disabilities, elderly persons and other adult beneficiaries
must attend the health centre twice per year at 6 month intervals.
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Q: I
am not a Manufacturer so why is my establishment considered a factory?
A:
There is a
general misconception that only entities that do manufacturing are
considered to be factories. In addition to manufacturers many other
entities fall under the Factories Act. These include motor vehicle repair
services or servicing, metal fabrication, woodwork, laundry, dry cleaning
establishments, cold storage installations, etc. Also, the engagement of
ten or more workers in manual labour such as data entry, hand picking of
coffee, banana-packing house, washing and sorting of bottles etc. are
considered a factory. An initial safety and health inspection may be
necessary to determine if your establishment is a factory.
Q: How do I go about registering my factory?
A: The
department for registering and monitoring factories is the Industrial
Safety Department (I.S.D) Ministry of Labour and Social Security. To gain
registration, the owner or operator of the factory should collect an
application form and scale of fees from the I.S.D. Complete the form and
pay the prescribed fee at the Collector of Taxes. Submit both the
completed form and Collector of Taxes receipt to I.S.D. When granted, the
registration is valid for three (3) years. It is the duty of the owner or
operator to apply for registration and to do so (thirty) 30 days prior to
the expiration date, in the case of re-registration.
Q:
These registration fees are ridiculous, why should I incur expense to go
the Tax Office to pay $3.00?
A:
The
prescribed registration fees have been in effect since 1976, with no
amendment or increase since then. The fees range from $3.00, for 10
workers and under, to a maximum of $150.00, for over 800 workers. The
I.S.D is aware that it may seem like an exercise in futility and grossly
uneconomical to incur expense to pay these low fees. The I.S.D staff
continues to work incessantly for an increase in the fees more realistic
values. However, until a change is granted, the payment of the
registration fee remains a vital part of registration process and must be
complied with to gain registration.
Q:
Apart from registration, what else can be expected from the Industrial
Safety Division?
A:
The I.S.D conducts safety and health inspections at factories and docks at
least once every year. The department, through its inspectors, also
conducts accident investigations, and makes presentations on occupational
safety and health issues at seminars and workshops. We also inspect cargo
ships at every call and building construction site every six (6) weeks.
Q:
Where can I get copies of the Factories Act/Regulations?
A:
Copies of the Factories Act/Regulations can be obtained at the Jamaica
Printing Services (1992) Ltd.77½ Duke Street,
Kingston.
Q:
Where can I get Artificial Respiration Posters?
A:
At the Artificial Respiration Posters are available at Red Cross Society, 76 Arnold
Road,
Kingston.
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Q. When was the Tribunal established?
A.
The Industrial Disputes Tribunal was set up in 1975 under the
Labour Relations and Industrial Disputes Act (L.R.I.D.A.) of 1975.
Q. Q.
What is the purpose for which the Tribunal was
established?
A. A.
The
Tribunal was established to determine and settle
industrial disputes and to promote
industrial harmony.
Q. Why
was the Industrial Disputes Tribunal established?
A.
Prior to 1975, industrial disputes in Jamaica were settled through
the route of Arbitration, provided for under the Public Utility
Undertaking and Public Services Arbitration (PUUPSA) Law and the Trade
Disputes Arbitration and Enquiry Law. The workers were discontented with
the manner in which grievances were handled by Arbitrators. The
Government of the day felt that it was necessary to have a modern and
permanent State machinery to determine and settle disputes expeditiously.
The 1938 labour uprising also influenced this decision.
Problems prior to the establishment of the L.R.I.D.A.
(a)
The arbitrator acting under the Arbitration Act could not reinstate
a worker (No power to reinstate).
(b)
There was difficulty in selecting an arbitrator by the parties.
This could be a long process.
(c)
Arbitrations only took place in the essential service under the
P.U.U.P.S.A., and in the event where the workers were represented by a
union and the grievance procedure allowed for arbitration.
Q. How does an industrial dispute come before the
Tribunal for settlement?
A. When an industrial dispute arises, the parties first attempt to
negotiate the matter at the local level, that is, discussions are held
between the union and the employers. If discussions at the local level
fail, then the dispute moves to the conciliation level at the Ministry of Labour and Social Security.
If
the dispute remains unresolved at the conciliation level, the Ministry of
Labour and Social Security has the power, under section 9, 10, or 11 of
the Labour Relations and Industrial Disputes Act (L.R.I.D.A.), to refer
the dispute to the Industrial Disputes Tribunal for settlement. The
Tribunal is the highest and final level at which the dispute may be
resolved.
Q. Is the Tribunal adequately staffed to meet the
demands placed on it?
A. Yes. The Tribunal is adequately staffed to meet the
demands placed on it given the fact that industrial disputes are
declining. At present we have two (2) divisions in place, each of which
generally comprised of three (3) persons – the Chairman or Deputy Chairman
and two (2) members; a Secretary to each of these divisions; the
Secretary of the Tribunal; a Legal Officer; an Industrial Relations
Research Consultant; along with the full complement of Support Staff.
Q. In your view, is the Tribunal
given the legal means necessary to carry out its functions adequately? What
if any are some of the legal constraints of the Industrial Disputes
Tribunal (I.D.T.)?
A.
The Tribunal is given the power to carry out its functions. It
derives its powers from the L.R.I.D.A.
In support of this
responsibility there is a Legal Officer who advises the body on legal
matters. It must be borne in mind - the I.D.T. is a statutory body. The
Attorney General or his representative is allowed to attend any sitting he
may consider to be in the public interest.
Limitation of the Tribunal – the fact that the Tribunal does not have the
power to deal with defiance of (Orders to cease
industrial action) – it can only do so through the Ministry of Labour and
Social Security, and the Attorney General.
Q. The I.D.T. does not give reasons
for its Awards. What effect could this have on the consistency and
credibility of the IDT’s Awards?
A.
Under the Labour Relations
and Industrial disputes Act (L.R.I.D.A.) the Tribunal may give reasons for
its Awards if it considers it necessary. However, in recent times the Tribunal has been
giving reasons for all its Awards.
Q. Are the Awards of the Tribunal
binding and if so, on whom?
A. Yes, the Awards of the Tribunal are binding. Section 12 of the Labour Relations and Industrial Disputes Act (L.R.I.D.A.) provides that
the decisions of the Tribunal are final and binding on all parties to whom
the award relates. The parties to whom the award relates include the
employer, the trade union, the workers involved in the dispute. An award
of the Tribunal can only be challenged on a point of law. A challenge of
an award of the Tribunal would be made by way of Judicial Review in the
Supreme Court.
9.
Q. Is
there a specified time within which the written Briefs must be received by
the
Tribunal from the parties
to the dispute?
A.
Yes. Nine (9) days from the date of the letter requesting the
10)
Q. We are now in a liberalized economy. The I.D.T. was created
in an entirely different economic climate. Has the I.D.T.
outlived its usefulness?
A. No. The I.D.T. has not outlived its usefulness.
The I.D.T. is even more relevant than before. The removal of the wage
guidelines has placed a greater burden on the I.D.T. because the
collective bargaining process has become more intense. It is critical
that labour disputes be expeditiously settled and the I.D.T. was set up
for that expressed purpose.
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Q: Who is entitled to Maternity Leave?
A:
·
Any
female worker who has been employed continuously for fifty-two (52) weeks
or more by the same employer on the date the maternity leave begins.
·
Any
female worker who has been engaged in seasonal employment with the same
employer for at least fifty-two (52) weeks in the last five (5) years.
Q: What is the minimum duration of maternity leave?
A:
·
Maternity leave is at least 12 weeks for each period.
·
An
additional 14 weeks may be granted in the case of illness of the mother or
child. This additional time must be substantiated by a medical
certificate.
Q: Who qualifies for maternity leave with pay?
A:
Any female worker, except a household helper, who
· qualifies for maternity leave
· is at
least 18 years old
· has
not been granted leave by the same employer for three (3) previous
pregnancies
· informs her employer of the date she is expected to go on maternity leave
by the 29th week of pregnancy
·
has
been engaged in seasonal work with the same employee for at least 52 weeks during the last five years
Q: For how long is a person entitled to maternity leave with pay?
A:
A worker is entitled to at least eight (8) weeks of pay.
Other facts relating to maternity leave
·
Household helpers are entitled to maternity leave allowance if they have
paid at least twenty-six or more NIS
contributions during the last fifty-two weeks.
·
A
worker is obligated to inform her employer she intends to return to work
at least 3 weeks prior to that date.
·
A
worker is entitled to return to work after maternity leave without loss of
any benefit or seniority.
Q: How much notice should be given for the termination of employment?
A: The
minimum period of notice needed for an employer to end the contract
of employment of an employee who has been continuously employed for four
(4) weeks or more varies as follows:
-
two (2) weeks, if
the employee has been working for less than five (5) years;
-
four (4) weeks, if
the employee has been working for five (5) but less than ten (10) years;
-
six (6) weeks, if
the employee has been working for ten(10) but less than fifteen (15)
years;
-
eight (8) weeks,
if the employee has been working for fifteen (15) but less than twenty
(20) years;
-
twelve (12) weeks,
if the employee has been working for twenty (20) years or more.
An employee
who has been continuously employed for four (4) weeks or more is required
to give his employer at least two (2) weeks notice to end the contract of
employment. The notice to end employment should be in writing unless
given in the presence of a “credible witness”.
PAYMENT IN LIEU OF
NOTICE
Either party to an
employment contract can:
-
give up his/her
right to notice at the time of termination or
-
accept a payment
in lieu of notice; or
-
accept notice of
longer duration than specified by law
Q:
When can there be dismissal without notice?
A:
-
The employment
contract may be ended without notice by either party during the first
ninety (90) days of a period of probation
-
The contract of
employment may be ended without notice by either party, where the
conduct of one party justifies the termination
-
If an employer
intends to end a contract based on the behaviour of an employee, he must
do so within four (4) weeks of becoming aware of the employee’s
behaviour. After that period the employer cannot terminate by reason of
that behaviour without notice.
Employment contracts
which are for a fixed duration may be ended without notice when the
contract period expires.
N.B. If a
fixed-term contract of employment continues for a further four (4) weeks
after the expiry date, then either party is entitled to periods of notice
as if the contract was for an indefinite period.
Q:
When is a worker's position considered to be made redundant?
A:1.
An employee
who has been continuously employed for at least 104 weeks is considered to
be dismissed by reason of redundancy if:
·
the
employer ceases to carry out work that he/she was hired to do;
·
the
kind of work that he/she was hired to do has been reduced;
·
the
employer’s business has been shut down;
·
he/she
has suffered personal injury as a result of an accident or developed a disease because of the nature of the job.
2. A Seasonal
Worker who has worked with an employer for not less than 90 days in each
season for two or more consecutive seasons may be dismissed by redundancy:
·
for
the reason stated at (1);
·
if the
employer fails to provide him with employment in any season.
Q: Who is entitled to holidays with pay?
A:
Any worker, other than a causal worker, who has worked for an employer for
a period not less than 110 days in each year of employment.
Q: How much vacation leave should be granted?
A:
·
A
worker has worked more than 220 days in any year of employment, is
entitled to two (2) normal working weeks of vacation leave for that year;
or
·
A
worker who has worked more than 110 days but not more than 220 days in any
year of employment, is entitled to one (1) day vacation leave for every 22
days of which he/she has worked.
·
A
worker with ten (10) or more years of service, who has worked more than
220 days in any year of employment, is entitled to three (3) normal
working weeks of vacation leave for that year.
Q: How should vacation leave be granted?
A:
· The
days of vacation leave should be consecutive working days on which the
employee would normally be called upon to work for his/her employer;
· Vacation leave may also be granted in two (2) periods of consecutive
working days;
·
Sunday, Good Friday, Christmas Day and a general public holiday cannot be
counted in any days of vacation leave;
· Vacation leave cannot be granted during a period of notice given by the
employer to end employment.
Q: What is the minimum vacation leave or sick leave remuneration?
A:
·
Workers employed a time rates are entitled to be paid a sum equal to the
normal weekly or daily wages earned by him/her in the last normal working
week before the vacation leave period or sick leave.
·
In
respect of each day of vacation or sick leave a worker employed on
piece/task or on a commission basis is entitled to 1/65th of
the total normal wages earned by him in the last thirteen (13) weeks (not
necessarily consecutive) before the vacation leave or period of sick
leave.
Q: When is vacation leave remuneration to be paid?
A:
These payments are to be made to the worker by the employer for the whole
period of the vacation leave and before the start of this leave.
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Q. What is the Council?
A. The Council is a department of the
Ministry of Labour which is responsible for carrying out
Government’s rehabilitation programmes for persons with disabilities in
Jamaica.
Q. What age group is eligible for
assistance?
A. Persons with disabilities between the
ages of 18-60 years.
Q. What are the services available?
A.
Provision of rehabilitation grants for persons with disabilities who are not able to get
employment; assistance in finding employment for persons with
disabilities, assistance with medical bills, school fees,
transportation cost, purchasing of medication and counseling
Q. What other services are provided by the
Council?
A. The Council facilitates a process whereby
five (5%) percent of houses built by the National Housing Trust are
reserved for persons with disabilities who meet the requirements.
Q. Is there a programme for children?
A. The Early Stimulation Programme has been
in operation since 1977. The focus is on improving the development,
stimulation and training of children in the 0-6 age group.
Q. Does the Council offer any other
programmes?
A. The Council operates a Workshop at Woodside
in Clarendon. This workshop is a training workshop and
trains both able- bodied and persons with disabilities in Food preparation.
A Bakery is also in operation there.
Q. What is Paradise Prints and what do they
do?
A. Paradise Prints is the only Sheltered
Workshop operated by the Council. This is a production workshop
and where batik and tie & dye material are produced for
sale.
Q. How can I get a wheelchair/hearing aid?
A. The Council assists clients in procuring
aid once funds are available.
What is a Labour Exchange?
The labour exchange facilitates the matching of job seekers and employers by
allowing job seekers to post résumés and conduct job searches and
employers to post vacancies and seek qualified persons to be employed within
Jamaica.
Who can use the ELE?
Anyone with access to the
internet may log on to
www.lmis-ele.org.jm and use the site as a job-seeker or to provide
employment. The system can also be used to check the types of jobs being
demanded within the labour market. The Ministry of Labour provides
facilities for persons without computer access to post their résumés.
Is there a cost to use the system?
Currently, the
Ministry does not charge for the services available through the Electronic
Labour Exchange.
Does the Labour Exchange offer any other services?
Career
counseling is another service offered at the Labour Exchange; counselors
are available to conduct mock interviews and offer preparation techniques
for the world of work.
What types of jobs are available on the website?
There are
variety of jobs registered on the system , demanding from a low-level of
skill or education to jobs demanding a high level of skill and/or
postgraduate training. Vacancies are available across various disciplines
and within both the private and public sector.
Does the Labour exchange guarantee employment?
The Labour Exchange only acts as facilitator , exposing job-seekers
and employers to each other , employment is only given by the organization
or person posting the vacancy.
How secure is the job-seeker's personal
information?
Only registered employers who are are approved by the Ministry are able to
view a job-seeker's personal information.
The Manpower
Services Section of the Ministry is responsible for the Overseas
Employment and local employment and granting work permits.
What is the Overseas Employment Programme?
This progamme
provides seasonal employment for Jamaicans in the United States and
Canada. The programme is divided into four sections:
a) the United
States Farm Work Programme
b) the United
States Hospitality Programme
c) the Canadian
Farm Work Programme
and 4) the
Guantanamo Bay Programme
Who is eligible for the US Hospitality Programme?
Any Jamaican
between ages 21 and 40, with at least two years in the area they
are applying to in the Hotel industry and certificate of training.
Applicants should have no criminal record, a valid Jamaican Passport, and
should not have been denied a visa by the U.S. Embassy over the last
twelve months nor have been deported from the USA, Canada, UK or any other
country.
Who is eligible for the Farm Work Programmes?
Any Jamaican
between ages 21 and 40, with experience in farming. Applicants
should have valid passport and birth certificate, no criminal record, a
valid Jamaican Passport, and should not have been denied a visa by the
U.S. Embassy over the last twelve months nor have been deported from the
USA, Canada, UK or any other country.
When can I apply for the Hotel Work Programmes ?
Applications are
usually open for this programme in September of each year, applications
forms can be had at the offices of Ministry island-wide, details are made
available in the print media.
What category of workers are invited to apply for
this programme?
Houseman,
bellmen, landscapers, chefs/cooks, housekeepers, groundsmen, front desk
and greenskeepers.
When can I apply for the Farm Work Programmes ?
Letters of
recommendation for this programme are accepted between September and
December each year. Recommendation letters are accepted from any of
the following a Lawyer, Justice of the Peace, Pastor, Parish Councillors,
Senior Police Officers and Members of Parliament.
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1. What does CSME mean?
Ø
CSME means CARICOM Single Market and
Economy.
2. What is the CARICOM Single
Market and Economy all about?
Ø
The CSME refers to the creation of a
single large market and economic space among 12 Caribbean nations as
opposed to 12 separate and distinct markets and economies, each governed
by its own rules and separated by difficult barriers. It allows for free
movement of CARICOM goods, services, people and capital in the
participating Member States through the removal of monetary, legal,
physical, technical and administrative barriers which have historically
prevented such activities from taking place. It
is a structure that ought to facilitate harmonization of economic,
monetary and fiscal policies and measures in the participating States.
3. When was the CSME formed?
Ø
It was formed in 1989 out of the revised
Treaty of Chaguaramas. This Treaty established the Caribbean Community (CARICOM).
It was signed at Chaguaramas, Trinidad, on 4 July 1973 and was later
revised to establish the CSME.
4. Which countries are involved
in the CSME arrangement?
Ø
The countries are Suriname,
Trinidad and Tobago,
St. Lucia, St. Vincent and the Grenadines,
Jamaica, Antigua and Barbuda, Belize,
Dominica, Barbados, St. Kitts and Nevis, Guyana and Grenada.
5. Who has the lead
responsibility for the CSME?
Ø
The Prime Minister of Barbados,
Honourable Owen Arthur.
6. How will the CSME help
disadvantaged countries in the region?
Ø
Protocol VII of the revised Treaty of
Chaguaramas was designed with the aim of assisting disadvantaged countries
and sectors towards becoming economically viable and competitive within
the single market and economy through support programmes and mechanisms.
7. When is the CSME to be
implemented?
Ø
The single market aspect was implemented
on January 1, 2006, while the single economy is scheduled for the year
2008.
8. What is Jamaica’s role in
the implementation of the CSME?
Ø
Jamaica’s role in the implementation of
the CSME is to work with the other members of CARICOM, to ensure that all
the regulations are implemented.
9. What are some of the
benefits to Jamaica?
Ø
It is expected that some of the benefits
will include the expansion of job opportunities across the region for
Jamaicans with the required qualifications/skills.
Ø
An increase in the goods and services available to
consumers.
Ø
Greater access to a larger market for service providers
including those offered by professionals.
Ø
Enhanced access to
specialized training and technology transfer which will serve to expand
the knowledge base and capacity building skills in various sectors and
locations.
Ø
More opportunities for
self-employment throughout the region.
10. How will the
CSME benefit me?
The CSME will
offer:
Ø
Greater
possibilities for travel.
Ø
Increased
employment opportunities which may result in improved standards of living.
Ø
Opportunities for
Jamaicans and other CARICOM nationals to study and work in CARICOM
countries of their choice.
Ø
More competitive products
of better quality and prices.
Ø
Increased production and
trade in goods and services in a combined market of over 6 million persons
and the opportunity to establish a business in another Member State.
Ø
Greater opportunities for
the development of small businesses as well as access to a much larger
market for products.
11. How will people be able to
travel under the CSME arrangements?
Ø
Each member state has the job of
implementing the necessary policies and administrative arrangements to
facilitate the free movement of skilled persons. Such polices include the
issuance of a CARICOM Passport.
12. What is the role of the
Ministry of Labour and Social Security in relation to the
CSME?
Ø
The role of the Ministry is to provide
information as to how persons can compete effectively within the labour
market, through the further development of labour market information (LMI).
This means that relevant data on the types of skills needed, where they
are needed, opportunities within the region for training, and sectors
which are expanding and contracting will now be provided to the public.
The Ministry of Labour and Social Security in Jamaica also has the role of
facilitating the free Movement of Skilled Persons specifically through the
provision of the Certificate of Recognition of
CARICOM Skills Qualification. Furthermore the Ministry is seeking to
educate the public about matters related to the CSME.
13. What is 'free movement'?
Ø
This means that
provisions have been or are being put in place to allow for the movement
of - goods, services, capital and people across Participating States of
the Caribbean Community, without restrictions. This is to facilitate a
more efficient and competitive production of goods and services for both
regional and international markets.
14. What is the free movement of
skilled persons/labour?
Ø
The free movement of skill/labour
entails the right of a CARICOM National to seek work or engage in gainful
employment in participating CARICOM Member States as either a wage-earner
or non-wage earner, without the need to obtain a work permit in the Member
State in which he/she desires to work.
15. Under the “free movement of
skilled persons” will I be able to work in any CARICOM country of my
choice?
Ø
At this time the “free
movement of skilled persons” allows for the removal of work permits for
University graduates, media workers, sports persons, musicians, artists,
managers, supervisors and other service providers. Workers in these
categories can now move freely to another Member State and enjoy the same
benefits, rights and conditions of work and employment as those given to
nationals of the host country.
16. What system will be in place to
ensure that those persons who are moving have the correct certification?
In order to encourage the free movement of CARICOM nationals, a
'Certificate of Recognition of Caribbean Community Skills Qualification' (CARICOM
Skills Certificate of Recognition) may be obtained from the relevant
authority. In applying for the CARICOM Skills Certificate of Recognition,
the applicant must submit an original and a copy of the prescribed form,
the applicant’s birth certificate, the applicant’s passport, three
passport size photos, the applicant’s marriage certificate, if any and
academic certificates. There will be
mechanisms in place for certifying and establishing equivalency of
degrees, diplomas and certificates through the national, sub-regional or
regional accreditation bodies. The national and sub-regional accreditation
bodies will assess the qualification of CARICOM nationals in case of
doubt; while the regional accreditation body will set the standards and
procedures to be adhered to by all participating states.
17. Would I be at a disadvantage for
benefits if I were to work in another CARICOM territory?
Ø
There are a number of support measures in place to
facilitate the free movement of skills. This includes the reciprocal
social security agreement which seeks to secure entitlement to social
security benefits as one moves from one country to another. The CARICOM
Agreement (National Insurance and Social Security Order 1997)
allows access to the following social security benefits:
§
Invalidity pensions
§
Old age or retirement pension
§
Survivors or widows/widower’s pension
§
Disablement pensions
§
Death benefits in the form of pensions or employment injury
death.
The reciprocal agreement provides for the
linking of national insurance contributions made in each country and for
the payment from one or more of the schemes.
18. Can skilled persons who are
going to work in another member state bring their families with them?
Ø
Yes, persons are allowed to bring their
immediate families, for example wife/husband and children.
19. Can self employed persons
participate in the CSME arrangement?
Ø
Yes, CARICOM nationals have the right to
work as self employed persons in any participating member state.
20. What is the free movement of
services?
Ø
It gives nationals of the
participating Member States the right to provide services throughout the
community. As such they will have access to resources on a
non-discriminatory basis for the purpose, which is directly related to the
provision of services. Service providers also have access to over six
million people throughout the Community.
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