Business staffing applications lag

Sherri Bodden-Cowan

Friday, July 30, 2004

With the deadline for submitting Business Staffing Plans only five months away, more than half of the estimated 145 businesses in the Cayman Islands that are mandated under law to file the Plans have yet to do so.

Under the new Immigration Law regulations that went into effect this year, all companies that employ 15 or more work permit holders must submit Business Staffing Plans by 1 January 2005.

Through July 12 Business Plans and six variations to existing plans have been submitted and reviewed by the board in addition to 25 plans issued previously by the Immigration Board. 34 more are scheduled to go into review over the next few months.

Business Staffing Plan Board chairperson Sherri Bodden-Cowan said that standard Plan application forms were designed to make the task of completing them easier. “It’s not a difficult process to complete the forms,” she said, “it’s just a matter of sitting down and filling them out.”

Mrs Bodden-Cowan said that companies benefit from having approved Business Staffing Plans. “The businesses that have them are at such an advantage,” she said, “it usually only takes two to three weeks at most to get work permits approved when they have Plans.”

Because the process to approve a Plan can be lengthy, Mrs Bodden-Cowan said she thought approving the initial Plans for all of the mandated business could extend through the end of 2005.

“Each Plan presented to the Board is given intense scrutiny, with employers being invited to meet face-to-face with the board at its weekly meetings,” she said. “Our goal is to work along with businesses to ensure that they are properly planning for the future and, where possible, that Caymanians are being properly trained. The time we invest now to ensure that Caymanians are properly represented in the workforce will make a difference in the years to come.”

In operation since February 2004, the Board has been able to identify certain areas that have been consistently troublesome throughout the private sector. One such concern is the reoccurring instance of businesses not adhering to Regulation 6, which requires employers who are training Caymanians to fill a specific position to report on the progress of said training.

Often, the employer makes no report until after it has come to the attention of the Business Staffing Plan Board through an application of renewal for a non- Caymanian employee

“This is of great concern for the Board because it indicates that businesses are not taking the law as seriously as we are,” said Board member Jeffrey Webb. “We are committed to ensuring that Caymanians are properly trained in the positions for which employers have stated that they are being groomed. Companies that do not adhere to this regulation will face serious consequences in the future.”

Mrs Bodden-Cowan said that those consequences could include work permit applications being deferred until Regulation 6 is complied with, or actual denial of a work permit application.

Another area that has been problematic for the Board is the inability to obtain a standard job description for certain positions. For instance, some companies in the same industry cannot agree on the definition of ‘secretary’ and the skills that the post-holder must have.

“ Even though the skills needed might vary from company to company, the job descriptions for certain positions can vary so drastically within one profession,” said Mrs Bodden-Cowan. “It makes it very difficult for the Board to determine if some skills are really necessary to do the job.”

One goal of the Board is to set standards to make it easier for employers and potential employees to know what qualifications are required. Mrs Bodden-Cowan said that the Department of Labour is considering developing a comprehensive list of job descriptions based on international standards that could assist the Board in the future.

An additional problem identified by the Board arises from the fact that in the past, work permit holders were only required to have an initial medical examination. None was required upon application for renewal, and therefore some people have been working on Island and travelling to ‘high risk’ countries without ever being retested.

“This is unacceptable,” stated Board member Jimmy Powell. “There have been cases where a person has been working here for 15 years or more without a second medical on record. It is our duty to ensure that public health is safeguarded.”

Mrs Bodden-Cowan stressed that the Board was specifically concerned with life-threatening diseases.

Although the Board has encountered various issues, it has been able to work along with the private sector to find appropriate solutions that benefit everyone in the long term.

“Overall, we know that the activities of this Board will make a difference in how businesses operate,” said Mrs Bodden-Cowan. “We are working hard to ensure that Caymanians have a place in the work force for many years to come. We are also identifying the areas projected to have high-growth potential to make sure that young Caymanians are able to choose their careers knowing that there will be positions available. Our short term goals all relate to making sure there is fair representation in the Cayman economy.”

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