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FAQ: Labour Issues

Yes he/she can, but the employer must first advertise the position locally and interview the people that submitted for the position and then prove to the Labor department that the person or persons interviewed are unfit for the job. The labour department also allow an employer to employ top management personnel and accountant from overseas.

Yes, a work permit can be renewed if the employer can provide cause or information where he needs the labour for another year.

No, if someone has a police record from there country of origin that can be one cause where a work permit may not be issued. But in this case the labour department has to dialogue with the immigration department on the matter.

No. Sickness benefit is not payable for the first three days, neither for Sundays. If, however, you become sick within eight weeks of another illness, you would not lose the first three days.

Yes, anyone that is not a citizen of Antigua and Barbuda, temporary resident and does not have an Antigua and Barbuda Passport , a work permit is mandatory. If an employer proceed to hire any of the person that fit the description above can face charges or imprisonment.

You can receive sickness benefit for a maximum of 39 weeks of continuous illness. Illnesses which are separated by eight or fewer weeks are considered continuous illness.

The cost of a work permit ranges from $500EC to $7500EC. Top Management Personal position would cost $7500EC and if that person is a caricom national the cost would be $5000EC. For position such as cleaners and receptionist the cost would be between $500EC and $600EC. So the cost of a work permit all depends on the position in the business or company. It is illegal for an employer to state the position of employee as a receptionist and in the end the person is a Manager. He can face charges or imprisonment.

Persons seeking employment cannot apply for a work permit. Employers must advertise vacancies locally. If no suitable candidates are located locally, the employer has to apply for a work permit for a foreigner to the Commissioner of Labour, Ministry of Labour, St John's, Antigua.

The employer is responsible for the deduction of taxes/levy from an employee's wages and salary. Failure to do so can result in charges or imprisonment by the relevant authorities.

No, it's not mandatory for a person to work overtime. If and employee has worked overtime he should be paid time/half for that period which he or she worked.

No, it's not mandatory for a person to work on holidays. If an employee has worked on holidays he or she should be paid one and a half for that period which he or she worked. For example if a employee work on a holiday and his wage is $100 he should she paid $150 which in the end he receive $250 as his wage.

No, joining a union for an employee is free choice.

The employer has an obligation to ensure that the working environment for the employee is safe and healthy. It's mandatory by law for the employer to provide clean drinking water, lunch facilities etc. for its employees.

Vacation is earn by law, an employee earns 1 working day a month which adds up to 12 working days a year.

An employee can take vacation after his/her first 12 months on the job.

An employee has 12 uncertified sick days per year. An employee is not granted sick days during his/her probation period.

The duration of an employee's probation is 3 months. The probation period of an employee cannot be more than three months but can be less than the three months.

The employer is responsible to let the employee knows that he/she has a probation period. If probation is not discussed at the time of employment then the employee would not know they are on probation and problems can arise such as termination at the end of probation because of unsatisfactory work.

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