Paid work experience not allowed
As an expat on a work permit can my 16-year-old son do work experience without a work permit? Can it be paid at all and is there a time limit? He wants to become a doctor and has been offered a placement over the summer. They offered to pay him a small amount to cover lunch and the bus. Is this allowed?
Auntie’s answer: As you are a work permit holder, your son is not allowed to accept paid work experience without his own work permit. A Department of Immigration official explained that “once an individual is being paid, the employer is required to obtain a work permit for that person”.
And even though the stipend offered for your son will only cover lunch and bus fare, that is still not allowed, the official said, adding, “Any form of cash transaction between the employer and the individual will be considered as payment, no matter how small it may be.”
Category: Ask Auntie, Immigration Questions
My son has worked at top accountancy and legal firms for no pay, hence the expression ‘work experience’. You’re not meant to get paid, that’s what I thought anyway, isn’t that called a job or employment? Looks great on his CV by the way.
Whoa, 9:56am.
I would NEVER encourage any employer, parent or child to wilfully and knowingly break the law, only to roll the dice in a subsequent court trial to see IF you will be assigned to a judge who would be willing to risk their own career to blatantly break laws on your behalf that they are CONSTRAINED to enforce once the prosecution has taken the employer, parent and/or child to court, all who are CONSPIRING to break existing Penal Codes and Immigration laws.
If they are an expat on a work permit, or if Immigration has granted them permanent residency or even Caymanian Status, please be mindful that it is subject to being revoked upon conviction.
So are you willing to take the chance to give it all up?
According to Page 36 of the Immigration Law (2015 Revision), Section 28(1)(a) Revocation on Conviction states that “Where the grantee of the right to be Caymanian or of Caymanian status under this or any earlier law is convicted by any court in the Islands or elsewhere of an offence for which he is sentenced to an immediate term of imprisonment of TWELVE MONTHS OR MORE, the grantor may revoke the grant on his own motion.”
http://immigration.gov.ky/portal/page/portal/immhome/help/legislation/IMMIGRATION%20LAW%20(%202015%20REVISION).PDF
And according to Page 47 of the Penal Code (2017 Revision), Section 107(1)(c)(d) Conspiracy to Defeat Justice and Interference with Witnesses states that “A person who obstructs or in any way interferes with or knowingly prevents the execution of any legal process, civil or criminal; or does anything in order to obstruct, prevent pervert or defeat the course of justice commits an offence and is liable to imprisonment for SEVEN YEARS.”
http://www.gov.ky/portal/pls/portal/docs/1/12420375.PDF
Furthermore, on Page 50 of the Penal Code (2017 Revision), Section 121 Disobedience of Lawful Duty states that “A person who wilfully disobeys any law by doing any act which such law forbids, and which concerns the public or any part of the public, commits an offence and, unless the law provides some other penalty, is liable to imprisonment for TWO YEARS.”
http://www.gov.ky/portal/pls/portal/docs/1/12420375.PDF
Finally, on Page 117 of the Penal Code (2017 Revision), Section 320 Neglect to Prevent Commission of Certain Offences states that “A person who knowing that a person designs to commit an offence, fails to use all reasonable means to prevent the commission or completion thereof shall if such offence is punishable with TWO YEARS’ imprisonment or more, have committed an offence.”
http://www.gov.ky/portal/pls/portal/docs/1/12420375.PDF
The best encouragement you could give your 16-year old son is to wait out his time or find a way to comply with the law.
Not to mention if the company pays them as much as a penny, they are responsible for benefits such as medical insurance coverage, which is why it is so hard for businesses to hire part time help, and provide jobs for out children, and for any part time employees.
If the person is over 18 the business must pay pension as well as holiday pay. Maybe not much in dollars in this case but an administrative headache.
If you are a stickler, pay for his lunch and the bus yourself.
Easy answer, the doctor pay the kid in medical supplies that can be bought and sold by parties who do not have a licence (ie bandages nor drugs). He could then sell them back to the doctors, since selling private goods other than in a course of a business does not require a work permit.
Typical BS from a government that thinks it’s a bad idea for kids to get work experience. I encourage all employers to do exactly what they want to further their business and have your day in court against these antiquated degenerates. I just hope the judge will see sense where our elected politicians don’t and throw it out of his courtroom.
As for Caymanian kids, it is a real shame that working in the fast food industry or as restaurant busers is looked down upon. When I was in school all my extra money came from work at Wendy’s. Other kids from my high school worked there too. We had a blast!!
You kids are missing out on a valuable teaching vocation. You had to be on time, do as you are told and perform cleaning chores. That’s how you get good work ethic!
What am I missing here…would that not be one of the most basic of stipulations, in the permit holders agreement with the state???
A work permit for a child getting work experience is just ludicrous
Work experience for young people is considered ludicrous here for everyone.
Drop the requirement for work permits for dependents under 18 and watch it create a new culture. Kids coming back to school with new phones and clothes that they paid for with their own money would inspire other young people to go out and get those part time jobs.
I wonder if Immigration has a work permit category for the school age children who wants to get work experience ? They should .
Another example of expats and their children getting all the opportunities. The Cayman Islands are not the land of opportunity for Caymanians. so sad.
Huh? I see lots of opportunities for Caymanian kids. Just need to hunt a little bit (same as everywhere in the world) and then commit to fulfilling the responsibilities.
How on earth is this a real comment? Caymanian children can go in to any workplace and ask for a summer job/work experience and the company do not need to take out a permit for them. It is the expat children who DO NOT have this opportunity as they would be required to have a work permit, even if it was to work for one week.
Lmao! The definition of a reach
But we are talking about Absurdistan.