The Control of Employment Act is a short but extremely important piece of legislation. It governs the employment of persons in Anguilla who are not belongers of Anguilla, and also outlines the circumstances under which work permits are required.

The Act starts out by stating that a non-belonger of Angulla shall not (a) engage in any occupation in Anguilla for profit or reward or (b) be employed in Anguilla for a wage, salary or other remuneration, unless that person has a valid work permit or is otherwise exempted by the Act.

Any person who infringes the above provisions of the Act is guilty of an offence and is liable on summary conviction to a fine of $2500 or a sentence of 6 months. If the offence is a continuing one, the person may also be liable to an additional fine of $250 per day. Further, any person who is found guilty of an offence may be designated as a “prohibited immigrant” under the immigration laws. Under those laws such a person may be liable to be deported.

Certain categories of persons are exempt from the provisions of the Act, and can carry out their functions in Anguilla without a work permit. These include:
(a) judges and officers of the Eastern Caribbean Supreme Court;
(b) members of Her Majesty’s military forces;
(c) persons employed under contract to the Government of Anguilla;
(d) diplomatic representatives of Her Majesty, and representatives of the United Nations and similar organizations;
(e) representatives of regional organisations of which Anguilla is a member.

Work permits are issued by the relevant Minister, who has the power to revoke them. A person issued with a work permit must produce it on demand to any immigration officer or police officer, and is not allowed to transfer it to any other person, allow any other person to use it. If it is necessary in order to prove his identity to a police officer or an immigration officer, the holder of a work permit may be asked to submit to his fingerprints being taken.

It is an offence for a person to make a false statement in applying for a work permit; refuse to produce a work permit on demand; use another person’s work permit, or allow his work permit to be used. These offences are punishable by a $5000 fine or 6 months imprisonment.

Alex Richardson is Managing Partner of the law firm Alex Richardson & Associates, P O Box 371, NBA Corporate Building, The Valley, Anguilla, Tel: 264 498 4224, Fax: 264 498 4220, email: arichardson@anguillanet.com. He is also Managing Director of Paragon Corporate Services Ltd.

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