FOREIGN NATIONALS AND COMMONWEALTH CITIZENS (EMPLOYMENT) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Control of employment of foreign nationals and Commonwealth citizens

   4   Application for work permit

   5   Appointment of authorised persons

   6   Production of work permit

   7   Power of Minister to vary or cancel work permit

   8   Power to grant exemptions

   9   Offences and penalties

   10   Regulations

   11   Minister may, by order, increase monetary penalty

      SCHEDULE

 

THE FOREIGN NATIONALS AND COMMONWEALTH CITIZENS (EMPLOYMENT) ACT

[Date of Commencement: 1st December, 1964]

Acts
48 of 1964,
14 of 2011.

1   Short title

   This Act may be cited as the Foreign Nationals and Commonwealth Citizens (Employment) Act.

2   Interpretation

   In this Act-

   "authorised person" means-

   (a)   an immigration officer under the Aliens Act; or

   (b)   any person appointed as an authorised person under section 5;

   "Caribbean Community" means the Caribbean Community established by Article 2 of the Revised Treaty;

   "CARlCOM national" means a person who-

   (a)   is a citizen of a Member State; or

   (b)   has a connection with a Member State of a kind which entitles him to be regarded as belonging to or, if it be so expressed, as being a native or resident of the Member State for the purposes of the laws thereof relating to immigration;

   "Commonwealth citizen" means a person who has the status of a Commonwealth citizen pursuant to section 9 of the Constitution of Jamaica and who is not a citizen of Jamaica;

   "foreign national" means a person who is not-

   (a)   a citizen of Jamaica;

   (b)   a Commonwealth citizen; or

   (c)   a CARICOM national;

   "Member State" means a Member State of the Caribbean Community in accordance with Article 3 of the Revised Treaty, excluding an Associate member within the meaning of Article 231;

   "Revised Treaty" means the Revised Treaty of Chaguaramas establishing the Caribbean Community, including the CARICOM Single Market and Economy, signed at Nassau, Commonwealth of the Bahamas, on the 5th day of July, 2001; and

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   "work permit" or "permit" means-

   (a)   in relation to a person who is or is about to be employed by another, a permit in writing-

         (i)   issued under this Act by the Minister to, and in the name of, the employee or person about to be employed; and

         (ii)   specifying the name of the employer, the place of employment, or both;

   (b)   in relation to any other person, a permit in writing issued under this Act by the Minister authorising such person to engage in an occupation.

[14/2011 s 2.]

3   Control of employment of foreign nationals and Commonwealth citizens

   (1) Subject to the provisions of this Act, a foreign national or a Commonwealth citizen, other than a CARICOM national falling within the category specified in the Schedule shall not-

[14/2011 s 3(a).]

   (a)   engage in any occupation in Jamaica for reward or profit; or

   (b)   be employed in Jamaica,

unless there is in force in relation to him a valid work permit and he so engages or is so employed in accordance with the terms and conditions which may be specified in the permit.

   (2) Subject to the provisions of this Act, no person shall have in his employment in Jamaica a foreign national or a Commonwealth citizen without there being in force a valid work permit in relation to that employment.

   (3) Subject to the provisions of this Act-

   (a)   any foreign national or Commonwealth citizen who engages in any occupation in Jamaica or is employed in Jamaica in contravention of the provisions of subsection (1); and

   (b)   any person who has in his employment in Jamaica a foreign national or a Commonwealth citizen in contravention of the provisions of subsection (2),

shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding five hundred thousand dollars or to imprisonment with or without hard labour for a term not exceeding six months or to both; and in the case of a continuing offence to a further fine not exceeding fifty dollars for each day upon which the offence continues after conviction.

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