I use the services of a janitorial cleaning company. The persons they send to clean my home are not Caymanians and when I pay for these services the cheque is made to the janitorial cleaning company. I have not checked that the janitorial cleaning company has a trade and business licence nor have I checked that the cleaning persons have valid work permits in the same way that I would not check that a local grocery has a proper licence and their employees, if not Caymanian, have a valid work permit. If the janitorial company is not properly licensed and its employees not on proper permits, have I committed a criminal offence in Cayman?


Auntie’s answer: Two separate laws have to be considered to answer your question. The issue of an unlicensed janitorial company falls under the provisions of the Trade and Business Licensing Law. Under that law, Part 3, Section 17 specifies no one can operate a business without being licensed, which you clearly understand.

As for determining if you have any liability under the law for using the services of an unlicensed business, I sought advice from the Department of Commerce and Investment (DCI). You will be relieved to know that the news is good for you.

A DCI official explained that you have not committed a criminal offence but the transaction itself between the consumer and the company “may attract criminal sanction” because the business is contravening the law. Simply put, the janitorial company would be the one in hot water, not you.

On the point of using someone without a work permit through a company, I looked for help from the Department of Immigration. Once more, you have nothing to worry about. Here is what I was told: “Under the Immigration Law, there is no obligation for an individual to check the immigration status of work permit holders of janitorial companies.”

You are therefore free to enjoy a clean home without any legal concerns.

 The laws mentioned in this column can be found online on the CNS Library.