The Isle of Man Department of Trade and Industry is to table in the island’s
parliament - the Tynwald – legislation that will exempt certain work,
generally of a temporary or intermittent nature, from work permit requirements.
According to the Ministry, the legislation is designed to reduce the administrative burden
upon employers, while at the same time protecting the interests of Isle of Man
workers.
Minister for Trade and Industry, David Cretney commented that:
“In line with
the findings of Nick Black’s review that the work permit system should
remain in force and operate effectively, my intent is to ensure the legislation
continues to protect local people while at the same time ensuring it does not
inhibit employers from setting up on the island or operating successfully here.”
“The Department studied comments received during consultation very carefully.
I believe we have produced a balanced package of measures which should address
some aspects of the work permit system which have restricted employers to little
positive effect while at the same time retaining a high level of protection
for Isle of Man workers.”
The order follows a consultation process which the Department initiated a
year ago. Among the matters that were considered in the consultation document
published at that time was which categories of workers would be exempt. The great
majority of respondents indicated that they thought the present rules, which
mean that any non-Isle of Man worker requires a permit if working on the island
for more than three days in a lifetime, were overly restrictive.
The new order will exempt 13 separate categories of temporary and intermittent
employment from the requirement for a work permit, subject to employees not
working more than a prescribed number of days in a year on the island. The general
exemption period will rise from three days in a lifetime to 10 days a year. However, the
change will not be introduced in the construction industry to protect the local
industry.
Under the proposed legislation, international firms will be able to bring in
employees from group companies outside the island for up to 48 days, although
the exemption excludes certain types of work which should be capable of being
sourced locally.
This is in recognition of the international nature of sectors
such as banking, manufacturing and shipping, where the employer expects to be
able to rapidly and flexibly bring staff together for business meetings by bringing individuals to the Isle of Man intermittently, just as local
workers will often travel to similar meetings in other jurisdictions.
Consultation
comments noted that requiring work permits for such intermittent workers acted
as a deterrent to some employers bringing certain jobs to the island; this change
has therefore been proposed to remove this deterrent.
Three further categories of permanent employment which are not time-limited
would also be exempted. This includes entrepreneurs who establish or relocate
certain types of business on the island from elsewhere, thus creating jobs and
aiding the Isle of Man economy.