BVI LABOR CODE BEFORE CABINET; REQUEST FOR AMENDMENTS TO ADDRESS NATIONAL LAY-OFFS

Yesterday, during a live press conference, Minister for Natural Resources, Labor and Immigration, Hon. Vincent Wheatley gave statistics in relations to lay-offs and terminations in the BVI.

According to the Labour Minister, to date, approximately 77 businesses have contacted the Department of Labour and Workforce Development.

Approximately 33 companies have reported closure, and approximately 683 persons have been reported laid off; and approximately 72 persons have been terminated throughout the Territory. 

Reportedly, 1300 employees have been affected: 425 are BVIslanders/Belongers; 493 are Work Permit Holders; 80 are Work Permit Exempt; and over 330 of those persons are still being classified.

The Minister of Labour said the Government has recognized that the Labour Code, 2010 does not address a national situation such as this one.

The Minister said “In times of disaster, and in this case a Pandemic, there should be legislation to address the specific national situation, which we realize is lacking at this time.

As Government continues to meet to make decisions that will benefit all persons residing in the BVI, they have recognized that the Labour Code, 2010 Section 104(3) and 107, which would govern decisions in these times, speaks to – “if an employee is laid off for more than three months without a date of re-employment, this person is entitled to severance pay if terminated.”

The great burden on businesses to identify the necessary funding for severance, and the burden on employees to seek alternative employment where applicable, is evident, now more than ever.

The Minister for Labour revealed that in light of this and in an effort to aid in the continuation of employment where practicable, especially for the tourism industry, a request has been presented to Cabinet for an amendment to the Labour Code 2010 to address an increase to the lay-off period. 

Assistance with Disputes

Minister for Labour, Hon. Wheatley urges employees who are having disputes with their employers and need assistance to contact the Department of Labour and Workforce Development’s Disputes Unit.

He said in the live press conference “Although, the parameters for lay-off and termination has been set, we recognise that there may be employees who may feel that they were not handled in an appropriate manner, and these matters should be heard and addressed.”

Persons can contact the unit by email at labour@gov.vg to set up an appointment for a teleconference meeting with a Dispute Officer within the department.