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05 Aug
By: Shevin Parker 0

Funeral Grant

The loss of a loved one can be both financially and emotionally challenging. The National Insurance Scheme provides a Funeral Grant for its contributors, pensioners and their spouses. This grant is available to anyone who pays the funeral expenses.   

All persons between the ages of 18 and 70 who earn an income are required to be registered with and contribute to the N.I.S. The insurable population includes employed persons, self employed persons and voluntary contributors.

1. What is a Funeral Grant?

A number of benefits are available under the NIS, including Funeral Grants.  A funeral grant is a benefit payable on the death of:

  1. a NIS pensioner in receipt of Retirement (Old Age), Invalidity, Employment Injury Disablement, Widow/Widowers benefit or his/her spouse; or,
  2. a NIS contributor who has satisfied the required contribution conditions or his/her spouse; or,
  3. an employee whose death was as a result of injuries sustained in insurable employment or a disease prescribed by the National Insurance Act.

2. What is the National Insurance Scheme?

The National Insurance Scheme (NIS) is a compulsory contributory funded social security scheme covering all employed persons in Jamaica.  It is administered under the National Insurance Act and offers some financial protection to the worker and his/her family against loss of income arising from injury on the job, sickness, retirement and death of the bread winner. All persons between the ages of 18 and 70 who earn an income are required to be registered with and contribute to the NIS. The insurable population includes employed persons, self employed persons and voluntary contributors.

3. Who Qualifies?

  • N.I.S. Pensioner  or Spouse
  • N.I.S. Contributor or Spouse

Minimum Contribution Required (Any one of the following) ;

  1. 10 weeks of every year that the deceased was working
  2. 26 contributions in the year prior to death
  3. 52 contributions in the 2 years prior to death

4. Who Can Apply for a Funeral Grant?

The following persons can apply:

  • person(s) who has/have given an undertaking to pay the funeral expenses of the Executor(s), Administrator, or Undertaker.

5. What are the Qualifying Conditions for a Funeral Grant?

NIS Pensioner

If the deceased was already in receipt of a NIS pension, the qualifying conditions are automatically satisfied for the payment of a funeral grant. Likewise, if the spouse of a NIS pensioner dies, the qualifying conditions are also satisfied.

NIS Contributor

The contributor who has made contributions that satisfy the qualifying conditions for a pension upon death. Where the deceased has not satisfied any qualifying conditions, but the spouse has, the funeral grant is payable. “Spouse applies to a marriage of at least three years or a common law relationship.”

Employee Death as a Result of Injuries

An employee whose death was as a result of injuries sustained in insurable employment or a disease prescribed by the National Insurance Act.

6. How and where Do I Apply?

Application can be done either by submitting completed forms to any of our Ministry’s office or completing and submitting the form online.

 

MANUAL APPLICATION

The following documents are to be submitted to the Parish Office most convenient to you:

  1. The completed Funeral Grant Application Form: The forms are available free of cost at the Ministry of Labour and Social Security’s Parish Offices island wide and on-line at www.mlss.gov.jm.
  2. Proof of death, such as the Death Certificate, Order for Burial, Medical Certificate of Cause of Death, or Post Mortem Report.
  3. The Undertakers receipt or invoice: The receipt is required for payment.
  4. All payments after the date of death: These include pension order books with vouchers with payable dates after the date of death, cheques and electronic payments after the date of death. Failure to return all payments after the date of death will result in the sum of these payments being recovered from the Funeral Grant.
  5. Marriage certificate or proof of common law relationship, where the spouse’s contributions will be used.

ONLINE APPLICATION

  1. Have access to an email address.
  2. Apply online via www.mlss.gov.jm and follow guidelines as stipulated.
  3. Submit original documents at any of the Ministry of Labour and Social Security’s office for verification.

These documents are to be submitted within the one-year period immediately after date of death. It is important to note that applications submitted more than one year after the date of death will not be paid.

7. How Do I Improve My Chances?

  1. Include all the names that the pensioner or contributor may have gone by…Pet Name….sometimes the N.I.S. has the same pensioner or contributor with different names based on previous employment
  2. Submit All Supporting Documents
  3. Include the N.I.S. number
  4. If the deceased was a pensioner Include the pension number

8. How is the Funeral Grant Paid?

A funeral grant is a one-off payment that is paid by cheque. The payments are disbursed by each Parish Office.  Each applicant is required to present a valid nationally accepted form of identification (passport, drivers licence or national identification) when collecting the cheque.

9. How Long Does It Take?

If all required documents are submitted and the contributor’s / pensioners records are in good standing – the funeral grant can be disbursed in as little as 1 week. However, if the documents require deep research, the time to disbursement will be considerably longer.

10. What Happens If I Provide False Information?

There will be legal consequence if you are found to be providing false or fraudulent information.

11. What If There are Unfinished Pension Books?

Pension books are to be returned. If your submission is qualified for the grant, the outstanding amount will be deducted from the funeral grant and the payment will be the remaining balance

12. How are Payments Made?

Payments can be

  • By Cheque
  • by Direct Deposit
    • Funeral Home
    • Person with proof of paying funeral expenses
  • Multiple Payments

13. What if there is an N.I.S. Gold Card (Health Card)?

If there is a balance of the monthly allowance remaining on the card, this amount will be recovered and deducted from the funeral grant.

14. Can a Spouse Benefit after the Contributor has Benefited?

The spouse of the contributor can also benefit even of the contributor / pensioner has already benefited from the funeral grant.

15. What about Common Law Unions?

To gain the benefit you will have to prove that

  1. You have been living together for at least 5 years
  2. Complete 2 specific forms for Common Law Unions
  3. Expect a N.I.S. inspector to validate that you have been living together at least 5 years

16. What if the Funeral is Overseas?

N.I.S. Funeral Grant is also available to contributors and pensioners who are buried overseas.

  1. You will need to complete the form
  2. Provide the N.I.S. number or Pension Number
  3. You will need to provide supporting documents that you have paid for the funeral expenses.
  4. Your supporting documents will have to notarized

FUNERAL GRANT APPLICATION

Click here to apply

Please Note : All Online Funeral Grant Applicants are required to have an email address. If you do not have an email address, please create one. Links are provided to create a free new email account. Google or Outlook

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06 Sep
By: MLSS PR Unit 0

Work Permit

The Work Permit Section of the Ministry of Labour and Social Security is responsible for the administration of the Foreign Nationals and Commonwealth Citizens (Employment) Act and the Caribbean Community Free Movement of Skilled Persons Act (Copies of the acts are available at the Jamaica Printing Services.

What is a Work Permit?

A Work Permit is a document (card) bearing a number and photograph that is issued to an expatriate which authorizes that individual to work in Jamaica according to its stipulations for a specified period of time.

Persons seeking to obtain a work permit are required to make an application to this Ministry through their prospective employer, contractor (individuals), the Jamaica Promotions Corporation (Jampro – Investors) or through legal representation.

The Foreign Nationals and Commonwealth Citizens (Employment) Exemptions Regulations 1964 lists the different categories of persons who are eligible to receive exemptions from the requirements of work permits.

Eligibility for Work Permit or Exemption

1. Work Permit Exemption

The Foreign Nationals and Commonwealth Citizens (Employment) Exemptions Regulations 1964 lists the different categories of persons who are eligible to receive exemptions from the requirements of work permits.

The request for an exemption is usually made by way of a letter from the relevant organization addressed to the Permanent Secretary, Ministry of Labour, providing details such as the full name of the applicant, his/her nationality, period for which exemption is being sought and an explanation of duties to be performed by the applicant.

2. Marriage Exemption

Persons who are eligible for Marriage Exemption under Part I of the Schedule of the Foreign Nationals and Commonwealth Citizen (employment) Exemption Regulations i.e. in view of their marriage to Jamaican nationals are required to attend the Ministry of Labour, 1F North Street Kingston (see checklist for guidance) with their spouses in order to obtain a Marriage Exemption Certificate.

Procedure for obtaining a Marriage Exemption by Foreign Nationals married to Jamaican Spouse

A processing fee of Seventeen Thousand, Two Hundred And Fifty Jamaican dollars (Ja$l7,250.00) is to be paid (using the Ministry Payment voucher), at any branch of the National Commercial Bank submitted on attendance. The vouchers can be obtained at the Work Permit Department or any Regional/Parish Office island wide.

Both Husband and wife must attend at the Ministry of Labour, 1F North Street, Kingston with the following documents:

  • Birth Certificate or Citizenship Certificate of Jamaican Spouse (original and certified copy).
  • Marriage Certificate (original and certified copy).
  • Passport of both husband and wife. For the Jamaican, a valid passport, national ID or driver’s license maybe used.
  • Affidavit signed by both husband and wife stating that they share a common matrimonial home in Jamaica. This must be certified by a Justice of the Peace.
  • Two certified passport size photographs of husband or wife (expatriate).
  • One certified passport size photograph of husband or wife (Jamaican).
  • A copy of the Decree Absolute if either or both the husband and wife have previously been divorced.
  • A copy of death certificate (original and certified copy) if a former spouse has died.

PLEASE NOTE

  • Expatriate males are issued an Exemption Certificate which is valid over three (3) years period.
  • Expatriate females are issued a letter of Exemption valid for the duration of the marriage to the Jamaican spouse.
  • Marriage should exceed ONE MONTH before attending the Ministry for processing.
  • Processing and delivery is done the same day attended.
  • The Certificate along with the passport of the Non-Jamaican is to be taken to the Immigration Authorities for the passport to be endorsed.

FOR RENEWAL

Both parties must attend at the Ministry at least one (1) month before the expiry date and should take along the following documents.

1) Exemption Certificate previously issued.

2) Both Passports (Please see above note on valid forms of identification for the Jamaican).

3) Affidavit duly signed by both parties and certified by a Justice of Peace or Notary Public.

PLEASE NOTE THE ABOVE CAREFULLY

Application Form Requirements

 

It is important that all applicants for a work permit and work permit exemption in Jamaica take careful note of the instructions contained herein, These instructions are designed to assist you in properly completing each application and also to ensure that you supply the Ministry of Labour & Social Security with all relevant information to allow for careful consideration and ease in processing your application.

Application forms and cover letters are to be submitted in triplicate with two sets of documents specified in instruction 4.

  • You should complete the application thoroughly, writing in ink and using block capitals. It is an offence punishable by law to supply any false or misleading statement or false documents in support of your application for a work permit or work permit exemption.
  • Part I of the application (questions 1-29) should be completed by the applicant. The prospective employer of the applicant should complete Part II (questions 30-51) of this form. Employers should note carefully and provide the information required in questions 43-50 concerning the steps taken to recruit a Jamaican national for the job to be undertaken by the applicant.
  • Please note that Part III of this Form is strictly for Official use only and therefore you should not write or mark in that section as this may invalidate your application.
  • Applicants seeking a work permit on the basis of being self-employed should complete Parts I and II of this form.
  • You should sign and date your application in the spaces provided at Questions 29 and 51 on your form. Applications that are not properly signed and dated will not be processed.
  • Any question on the application that is not relevant to you, the applicant, should be marked with the letters N/A
  • A non-refundable fee is payable for processing the application.
  • Where approval has been granted for a work permit, prospective employer of the applicant will be notified. Upon receiving the Notice of Approval, a Work Permit Fee is payable by the employer before the Work Permit may be issued. The Work Permit becomes effective from the date it was approved.
  • Payment vouchers are available at the Work Permit Section of the Ministry of Labour and Social Security, IF North Street, Kingston and at any of the Parish Offices islandwide.
  • Payments are to be made at any branch of the National Commercial Bank (NCB).
  • THE MINISTRY WILL NOT ISSUE A WORK PERMIT WITHOUT EVIDENCE OF THE PAYMENT OF FEES.

Work Permits are not transferable. Whenever a person to whom a Work Permit has been granted wishes to withdraw his/her services from one employer and take up employment with another before the expiration of the current Work Permit the applicant is required to submit a letter from the previous employer when making a new application, advising whether or not there is any objection to the applicant accepting employment elsewhere in Jamaica.

 

Documents to be submitted with Applications

NB. Applications for a Work Permit or a Work Permit Exemption in excess of thirty (30) days should be submitted along with the following supporting documents:

Applicants should submit a cover letter outlining the nature and duration of the work to be undertaken. Details of investment proposal(s) should also be stated (Documentary proof of proposed investment(s) should be submitted).

ii. Proof of Qualification

  1. Certified copies of proof of academic or professional qualifications or letters of accreditation.
  2. A letter of recommendation or written reference from the previous employer of the applicant or evidence of the business/commercial/professional activity of the applicant abroad.

iii. In cases where any of the above named documents are prepared in a language other than English, a certified English translation of the relevant document should be supplied.

A Justice of the Peace or a Notary Public with a valid Commission should certify the documents. Authorised members of staff of the Ministry of Labour and Social Security may certify copies of the documents upon presentation of the original documents.

  • A resume outlining the professional or business experience of the applicant.
  • A police record:
  1. For new applications:
    The record should be issued by the appropriate Security Authority in the country of the domicile of the applicant.
  2. For renewals:
    The record should be issued by the relevant section of the Ministry of National Security Jamaica. NB. Please note that the police record submitted should bear a date of investigation not greater than one year prior to the date of submission to this Ministry.
  • Proof of Business Registration
  1. Certified copy of Business Registration Certificate for unincorporated enterprises.
  2. Certified copy of Certificate of Incorporation and the Memorandum of Association for duly registered companies. Articles of Association are not needed.
  • Where an applicant is self-employed or where an enterprise is in operation for at least a year, or the applicant is applying for renewal of a Work Permit, a Tax Compliance Certificate should be submitted.
  • Certified copies of pages from the passport of the applicant showing, (a) proof of identity, (b) passport number, (c) date of issue and expiry, (d) landing status in Jamaica and (e) relevant visas (where applicable).
  • Two (2) photographs in the case of a Work Permit and one (1) in the case of a Work Permit Exemption.(See Instruction Below)
  • The attached Tax Payer Registration Number (TRN) fonn, completed and signed by the applicant.
    NB. Applications for Renewal of a Work Permit or a Work Permit Exemption in excess of thirty (30) days should be accompanied by (a) certified copies of current -updated documents where these documents have expired since the last application (b) copies of salary statement of the last three (3) months salary (c) cover letter as outlined in instruction (i) above.

Photographs

Photographs submitted with an application become the property of the Government of Jamaica.
Photographs should be professionally produced and taken not more than six (6) months prior to application, with the following specifications:

  1. It should be taken in colour with a flat finish against a plain background.
  2. It should provide a full frontal view of the head, neck and the top of the shoulders with ears clearly visible.
  3. There should be no reflection from eyeglasses or background shadows that may obscure the image.
  4. The size of the face should be 25mm to 35mm, from the chin to the top of the head.
  5. The applicant should not wear any head covering while taking the photograph except where required for religious reasons.
  6. Should be enclosed in an envelope and should not be stapled
  7. Should be certified by a Notary Public or a Justice of the Peace.

Caribbean Single Market Economy (CSME)

The Department also administers the CARICOM (Free Movement) Skilled Persons Act which came into effect in July 1997.

The Act was designed to facilitate the free movement of Caribbean professionals within the Caribbean region. There are at present, 13 member states within Caricom, the majority have begun the implementation of this inter-regional agreement.

A document called “A Certificate of Recognition of Caribbean Community Skilled Person” is issued to persons who qualify under the Act. Each Caricom member state is required to issue this certification to qualified skilled persons entering their shores to engage in any form of employment.

This Caricom Free Movement of Skilled Persons agreement is being implemented on a phased basis where other categories of qualifying skills are to be included. To date, Artistes, Musicians, Journalists, Medical persons and Sport persons have been included under the Act.

Documents needed for Certificate of Recognition of Caribbean Community Skills
  1. Completed application form from the Ministry of Labour‘s Office.
  2. A certified copy of University Degree, Associate Degree, Diploma, Professional qualifications (ACCA, AAT etc.) Certificate NCTVET – Level 2 (HEART/TRUST NTA) for Artisans and Domestic workers ONLY –Note: All applicants are required to present a letter in a sealed envelope from the institution which the qualification (s) was awarded to verify that said qualification is authentic. (NOT A TRANSCRIPT)
  3. Certified copy of passport page (showing bio-data information and expiry date).
  4. A certified copy of Birth Certificate
  5. A deed poll/or other document to support change of name, if any.
  6. Three (3) certified passport size photographs
  7. Police Report from country of residence for the past 3 yrs.

*NB. Qualifications obtained from Universities other than those specified in the Act (University of the West Indies, University of Guyana , University of Technology, MICO University and University of Suriname) need to get the qualification assessed for equivalency at the University Council of Jamaica, 6b Oxford Road, Kingston 10.

Dependents
  1. A certified copy of Birth Certificate
  2. Certified copy of passport page
  3. Three (3) certified passport size photographs.
  4. Where the applicant’s name is not on the birth certificate, a Declaration signed before a Justice of the Peace/Notary Public by two persons who knew of the birth stating that he/she (applicant) is the parent
  5. Adoption papers (for adopted children)
  6. Marriage Certificate (in case of wife/husband)
  7. A copy of the Decree Absolute certified by a Justice of the Peace/Notary Public if either or both the husband and wife were previously divorced.
  8. A certified copy of the death certificate if former husband or wife had died

Important Note & Non-Refundable Fees

With the amendment of the legislation governing the Free Movement of Skilled Nationals, we will see the following fees being charged as of April 01, 2014. These fees are non-refundable:

Application Fee $2,000.00
Cost of Certificate $8,000.00
Each Dependent $2,000.00
Replacement Fee $3,000.00
Amendment Fee $2,000.00

Things You Should Know
  • Only graduates with degrees, and who citizens are of designated Caricom Countries who are signatory to the agreement are eligible for the Certificate of Recognition.
  • Some professionals, for example; Engineers, Doctors, Veterinarians, Nurses who are desirous of working in Jamaica are required to register with the relevant authorities listed below:

Institution Addresses

Professional Engineers Registration Board

2 Winchester Road,
Kingston 10
Tel: 876-754-6275/876-929-8820

The Medical Council of Jamaica

2 King Street,
Kingston
Tel: 976-922-3116

Ministry of Agriculture – Veterinary Division

Marcus Garvey Drive,
Kingston 13
Tel: 876-924-8077/8079

The Nursing Council of Jamaica

25 Dominica Drive,
Kingston 5
Tel: 876-926-6042/876-929-5118

Pharmacy Council

41 Lady Musgrave Road,
Kingston 10
Tel: 876-978-1000

Supplementary Council to Medicine

2 King Street, Kingston
Tel: 876-922-3116

Ministry of Agriculture – Fisheries Division

Marcus Garvey Drive,
Kingston 13
Tel: 876-937-6726

Jamaica Racing Commission

8 Winchester Road,
Kingston 10
Tel: 876-926-2718/2724/2727

Public Accountancy Board c/o Ministry of Finance & Planning

Block G, 1st Floor
30 National Heroes Circle
Kingston 4
Tel: 876-922-8600

Betting, Gaming & Lotteries Commission

Bldg 2,
17 Ruthven Road Kingston 10
Tel: 876-960-1549/7279

Ministry of Commerce, Science & Technology

36 Trafalgar Road,
Kingston

Motor Vehicle Unit

Kingston 10
Tel: 876-929-8990-9

These registration processes may attract a fee (the relevant authorities will advise).

  • Under the FNACC Act, it is stated “A Foreign National or Commonwealth Citizen” shall not engage in any occupation unless there is in force a valid work permit which is issued in relation to his/her current employment terms and specifications (see Section 3 of the Act).
  • Any employer who employs an expatriate who does not have in force a valid work permit in relation to that employment is liable to imprisonment or fines. (see Section 6 of the FNCC Act). Every work permit should be kept by the person to whom it is issued. (see Section 9 of the act).
  • Non-Commonwealth Citizens are required to obtain a work visa, BEFORE entering the Island to engage in employment activity. The Passport, Immigration and Citizenship Agency (PICA), located at 25 Constant Spring Road, Kingston 10 should be contacted on matters relating to the granting of a visa.

DOWNLOAD WORK PERMIT FORMS

Download Work Permit Forms
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20 Feb
By: cirkamlssadmin 0

Jamaica Central Labour Organization

MISSION STATEMENT 

To promote a shared understanding of a mutually beneficial agreement between the Governments of Jamaica and the United States, together with employers and workers, and to unconditionally serve the interest and welfare of all Jamaican workers through an efficient Liaison Service in compliance with the Labour Laws of the United States.  

VISION STATEMENT 

To offer superior service delivery to support employer satisfaction, business retention, and existing programme expansion, and to satisfy the demands of the labour market through the inclusion of other diversified skill sets.  

 CHIEF LIAISON OFFICER’S MESSAGE 

Before my appointment as Chief Liaison Officer, at the Jamaica Central Labour Organization (JCLO), I could not have imagined the dynamics surrounding the Seasonal Overseas Work Programme organized under the auspices of the Ministry of Labour, annexed to the Embassy of Jamaica, and supported by its Liaison Service Corp in the United States. 

It soon became clear that the ‘Farm Workers’ and ‘Hotel Workers’ Programme as they are popularly referred to, serve to build relationships, fuel both economies and, more importantly, provide hope for many Jamaican families that are economically challenged. 

Jamaica boasts the distinction of being the only country, among over eighty participating nations, to have an active Liaison Service primarily to support the welfare of Jamaican workers while working closely with employers and the United States Department of Labour.  It is safe to say that service above self and the love of people and country are core values that drive the Liaison team. 

Amidst the inevitable challenges, the Liaison team continues to experience joy in serving while working closely with the local team at the Ministry of Labour in Jamaica and an invaluable partnership with Florida East Coast Travel Service (FLECTS) located in Miami, Florida.   

From the management of domestic affairs in Jamaica to unexpected illnesses and misunderstandings based on cultural differences, I have come to realize that what appears to be a simple daily revolving routine is, in fact a valuable lifeline impacting generations of people, particularly those in the farm work programme.   

 HISTORY 

When it comes to the tradition of excellence, The Jamaica Central Labour Organization (JCLO) stands tall.  This body was founded upon a legacy which began more than seven decades ago through an entity that was established by the Governments of a number of West Indian countries to administer the foreign employment programme in the United States. 

The programme began in 1943 with skilled agricultural workers and other employees – H2-A workers, who worked primarily in the factories and packing houses.  Twenty five years later, JCLO spread its wings to accommodate other skilled workers in the hospitality industry – H2-B workers.  In 2003, these two programmes combined accounted for just under 9000 employees from the Caribbean and covered a network of close to 500 employers across twenty four (24) States.   

From the very beginning Jamaican workers have played a significant role in the development of the economies that they serve.  To that extent, the Government of Jamaica, through the JCLO, is committed to our Global Partners by providing an effective Liaison Service.  Our dynamic Liaison Team ensures that the welfare of the selected workers are attended to through a diverse range of services including guidance and assistance on programme-related issues relative to workers and employers. They also ensure that all policies and procedures of the programme are adhered to. 

  OVERVIEW 

We pride ourselves in providing only the best and most skilled workers.  Recognizing the high importance of service in the agricultural and hospitality industries, we are committed to the delivery of a well-trained work force.  JCLO, as an organization with seven decades of experience in both industries, has established a strong support mechanism for all our partners and we are only too happy to share information from our vast expanse of knowledge. Through the Ministry of Labour in Jamaica, there is a pool of over 2000 qualified workers from which employers or their agents have the opportunity to select specialized workers.  

 WORKERS SERVICES 

The Ministry of Labour, through the Embassy of Jamaica, has strategically positioned Liaison Officers throughout the United States.

 The Core Responsibilities of Liaison Officers with respect to services offered to Jamaican Seasonal Workers are listed as follows: 
  1.  Legal matters
  2. Health Issues
  3. Natural Disasters
  4. Conflict Resolutions
  5. Accommodation
  6. Return of Remains 

 

TESTIMONIALS  (Worker) 

“On October 16, 2004, I travelled to the United States to work on the hotel worker programme. We were met at the airport by our Liaison Officer Mrs.  Debbie Hutchinson and right away I felt very relaxed.  Two hundred of us left our families to come and work and make a better life for our loved ones. “

 

“While we were in the United States, Debbie made us feel comfortable and safe no matter what type of problems we had.  She would be present at all times even if she had to come through bad weather to help us deal with extremely personal issues.    Barbarella Lewis “

 

“During Hurricane Katrina in 2005, I was transferred to Louisiana where I had the opportunity of meeting another helpful Liaison Officer, Mr. Sheldon Brown, who stayed with us and reassured us throughout both Hurricane Katrina & Rita. “

 

“I also remember Mrs. Brabara DaCosta and Mr. Clayton Solomon who were also very supportive. The Liaison team is very caring and I love how they take time to assist the Jamaican workers who are away from home. ”

 

“I am truly thankful.  Thank you officers for a great experience. “

TESTIMONIALS (Employer) 

“Congratulations to you and all the staff of JCLO on your 75th Anniversary.  I can’t believe how the time passes by so fast.  It seems like it was only last year when we were in Montego Bay celebrating your 40th Anniversary.  That year was when the JCLO held annual meetings and it was indeed an honor to participate.  I believe we have been in the program now for over 50 years. “

 

“Our relationship and feelings about JCLO remains as strong as ever.  Our local workforce of employees that want to do agricultural work shrinks every year.  We depend on the great, dedicated group of workers that we receive every year. These good men are like family to our family farm. “

 

“All this is not taken for granted, as we need the continued support of the great support staff, the liaison staff that we work with whenever we need them.  These men and women perform a service that only they can perform for our crew.  When one of the crew takes ill, gets injured, or loses family back home, these staff workers can make an unbelievable difference how that worker responds.  Having one of their own to talk to comforts them and recovery can be many times faster. “

 

Franklyn W. Carlson, Pres.
Carlson Orchards, Inc.
Harvard, MA. 01451  

FREQUENTLY ASKED QUESTIONS 

  1. WHAT DO I DO IF I AM SICK?

If you feel terribly ill, please call 911, especially if it’s an emergency, every minute counts. Even if you don’t have health insurance calling an ambulance could make all the difference in preserving your life. If you feel strong enough, but have concerns, arrange a visit to your primary physician, visit the nearby clinic or go to the Emergency Room. If the illness is not serious, feel free to talk with the liaison officer assigned to your area.  Ignoring symptoms because you do not have the money to go a doctor is unwise. What could be a minor issue at the time may become a more serious issue over time. 

  1. WHAT IF I HAVE A WORK RELATED INJURY?

If you are injured on the job, you must alert your supervisor or manager immediately. Look around to see if there are other workers present who may have witnessed the accident/injury and make a note. Please contact your liaison officer as soon as you are safe to do so. Your liaison officer will be able to monitor your care and assist with managing your records. Make all appointments for care. If asked to return to work, please comply. If unable to work advise your supervisor so that adjustments can be made. Communicate respectfully no matter what or however difficult the situation may be. 

  1. WHAT IF MY SALARY IS NOT CORRECT?

If for any reason you believe that your salary calculation is incorrect, please contact the Human Resources Department or your supervisor/employer immediately.  Remember to contact your liaison officer also  and include a copy of your pay advice. 

  1. WHAT IF THERE IS AN EMERGENCY BACK HOME?

If there is an emergency back home, speak with your employer and advise your direct supervisor and the liaison officer. The liaison service will monitor your safe repatriation and return to the United States. Also the liaison service is required to keep precise records of your movement between countries.  

  1. WHAT IF I HAVE A WORK RELATED ISSUE?

Work related issues may develop from time to time, please contact your liaison officer who is very knowledgeable and will be able to clarify how best to proceed. Contact your LIAISON immediately, especially if you fear that you may be terminated or suspended. 

  1. WHAT IF I HAVE AN ISSUE WITH SOMEONE?

Personal conflicts can be very disruptive. Remember there is zero tolerance for violence on and off the job. Avoid confrontations. Speak with your liaison officer who can arrange a meeting to have the matter resolved. 

  1. WHAT IF I MISS MY FLIGHT?

There are many reasons why someone might miss a flight therefore this solution can only be determined on a case by case scenario.  

Speak with your employer and liaison officer to determine how to proceed.  

  1. WHAT IF I LOSE MY PASSPORT?

If you lose your passport early in the season you may have time to apply for a new one through the Embassy of Jamaica or one of the Consulates located in your area. Your liaison officer can guide you. If time does not allow, the Consulate nearest to you can issue a temporary emergency passport to allow you to safely return home. Talk with your liaison officer, he or she will be able to guide you through the process. 

  1. WHAT IS AN I-94? 

The I-94 is proof of your legal entry in the United States. It also documents the period of stay that has been granted by the US authorities. When the United States (US) grants permission for someone to legally enter the country, an I-94 is issued. It is no longer a card issued at the airport or filled out on flights. This document is retrieved by visiting the Homeland Security Website at www.cbp.gov. Please note that customs officials can make mistakes when entering this document. It is therefore crucial to look at what is stamped in your passport before leaving the arrival section at the airport. Ensure the correct year is stamped in your passport. Make sure the correct work visa designation is assigned. Make sure the date written in by the officer is also correct and covers the contract period of the work visa.  

  1. WHY IS THE I-94 IMPORTANT? 

The I-94 is a legal document. It is required: 

When applying for your Social Security Number 

When applying for health insurance 

When applying for a driver’s license 

When applying for an extension of stay 

It establishes your legal presence in the United States  

If your presence is questioned this document becomes necessary 

This document must be kept in your wallet or purse at all times. 

 

  1. HOW LONG CAN I STAY IN THE UNITED STATES AFTER MY VISA HAS EXPIRED? 

The work visa reflects the work contract; therefore, the end dates are the same. Generally, the law provides an extra 10 days for the worker to make his way out of the country. You may not work during this period. This period allows the worker to pack, coordinate and ship belongings and then proceed to the airport for the return home. In the event that the worker is seeking an extension, a period of 30 days from the end of the first contract is given. In such instances the new employer should provide a receipt indicating that an extension has been filed on behalf of the worker. If during this window approval is not granted the worker should return home immediately. Please contact your liaison officer when in doubt.   

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20 Feb
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Public Assistance Division ( Overview )

THE PUBLIC ASSISTANCE DIVISION  

The Public Assistance Division (PAD) is responsible for the administration of all non-contributory social assistance programmes provided under the Social Security arm of the Ministry of Labour and Social Security. The Public Assistance Division provides assistance to the most needy Jamaicans through the  Rehabilitation Programme or through the Programme of Advancement Through Health and Education (PATH).  Provisions under the Rehabilitation Programme target immediate/emergency needs that may be successfully alleviated by one-off interventions, while the longer term Human Capital Developmental needs requiring sustained intervention are targeted by PATH.  

 Under the PAD, assistance is provided to persons who are poor and/or vulnerable. Beneficiaries may include: 

  • Children 
  • the unemployed or underemployed adults 
  • the elderly 
  • Persons with Disabilities (PwDs) 
  • pregnant and lactating women and  
  • victims of disasters, whether man-made or natural.  

The programmes of the Public Assistance Division are administered through each of the Ministry of Labour & Social Security Parish Offices. Assessment and social intervention services are provided by PAD’s cadre of Social Workers.  

Public Assistance Programmes  

Established by a Cabinet Decision in 1972, the Rehabilitation Programme provides support to individuals in need of social assistance for compassionate purposes or to improve their economic base through income generating projects.  

 The Rehabilitation Programme constitutes four (4) types of grants: Rehabilitation Assistance Grant; Compassionate Assistance Grant: Emergency Assistance Grant; Education and Social Intervention Grant.  

Rehabilitation Assistance Grant  

This Grant provides opportunities for individuals/families to undertake income generating projects to improve their economic status. It provides assistance to establish small projects or boost existing projects such as trading, crop and livestock production, or provision of services including food service, hairdressing/ barbering, dressmaking etc. The Grant may be used to purchase stock/raw materials, or to procure, replace or repair tools, machinery and equipment.  

 Compassionate Assistance Grant  

The Compassionate Assistance Grant is available to persons in need of speedy assistance, who have no insurance coverage, and who are unable to access assistance under any other Scheme. Assistance is usually provided to meet urgent needs such as  

  • prescriptive aids or medication 
  • living accommodation, including house repairs and purchase of household items, and  
  • funeral expenses.  

 Emergency Assistance Grant  

This Grant is available to provide swift relief to persons who have suffered a disaster, whether man-made or natural, and who have no insurance coverage. Assistance may be provided to victims of earthquakes, hurricanes, fire, flood or other disastrous events, and is available for  

  • replacement of personal effects 
  • provision of basic food items or toiletries 

 Education and Social Intervention (ESI) Grant  

The ESI Grant is available to assist children who cannot attend school or whose regular attendance is affected by their parents’/guardians’ inability to provide uniforms, school books and other basic needs. Parents/guardians of such children may simultaneously access Rehabilitation Grants to establish income generating projects. 

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Working on construction site 20 Feb
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Industrial Relations

The Industrial Relations (IR) Department is responsible for the promotion and maintenance of industrial harmony in Jamaica.

Conciliation and Pre-Conciliation

This is performed with respect to disputes classified specifically as “industrial disputes” relating primarily to wage and fringe benefits negotiations, disciplinary matters and claims made by Trade Unions for representational rights.

One of the principal objectives of the Department is to limit the number of industrial action and work stoppages that occur in the work environment. The Department also seeks to implement measures geared at being proactive in relation to industrial disputes and attempt to foster and facilitate a more co-operative industrial relations climate.

When a dispute is to be reported to the Ministry, the aggrieved worker, his/her representative or the employer is required to submit a letter formally referring the dispute to the Permanent Secretary. The dispute is then assessed and a conciliation meeting normally scheduled. The disputing parties then meet at the MLSS and attempt to settle the matter. Disputes not resolved by conciliation are usually referred to the Honourable Minister who may elect to refer the dispute to the Industrial Disputes Tribunal (IDT) for determination and settlement.

The Pre-Conciliation Unit, which is an arm of the Conciliation Section, provides advice and other assistance with the aim of fostering improved relations between management and labour, thereby facilitating a more cooperative industrial relations environment. Parties are required to submit their current Collective Labour Agreement to the Ministry for examination. Collective Agreements that will soon expire are collected and monitored by an Officer. Both the Employer and the Union are contacted and reminded of the date of expiration. The Ministry’s assistance may be sought in negotiating a new agreement.

Another method used by the Department in attempting to foster a harmonious industrial relations atmosphere, is an Outreach Programme which seeks primarily to inform both workers and employers about their rights under the Labour Law. The Department is cognizant of the fact that a quiet industrial relations climate will eventually lead to a more productive workplace and contribute greatly to the maintenance of law and order in the wider society.

 

LABOUR LAWS

Click on the Labour Laws below to read:

Frequently Ask Questions

Can I lay off workers for 120 days?

Yes, in keeping with the Employment Termination and Redundancy Payments Act, you may.

The MLSS however encourages employers to use lay-off as last resort and therefore examine other creative and innovative strategies including work from home, flexible hours and rotation as alternatives to remain productive and continue to offer services during the COVID-19 pandemic.

Can I extend the lay-off beyond 120 days?

At the expiration of the 120 days period, the employee, if not recalled to work, may elect in writing to be made redundant and the employer would be obliged to honour that request.

As an employer can I send workers on vacation?

No – only if the worker elects to apply for vacation leave that might be due to him/her at that particular time. The worker must voluntarily apply for vacation leave and should not be forced to take that course of action.

As an employer can I combine vacation leave and period of lay-off?

Vacation leave and lay-off are two separate items under the Labour Law and should be treated as such. Vacation leave is

paid leave, while “lay-off” may be absence from work without pay.

If a worker opts for vacation leave prior to a period of lay-off this is permissible.

I have been laid off, what payments are due to me?

A worker can be laid-off from work for a period not exceeding 120 days and the employer can opt not to pay for this period or may determine the level of payment.

The worker is due salary for days worked prior to lay-off.

In accordance with Section 5 (3)(b) of the Employment Termination and Redundancy Payments Act, the worker is deemed to be laid off without pay even in instances where the worker receives some pay or is engaged to work for limited times only.

I have a dispute with my employer as I was fired without cause. What can I do?

A worker can formally write to the Ministry of Labour and Social Security to briefly, but clearly, outline the circumstances leading up to the termination of their employment, if they are of the view that they were “fired” without a justified cause.

I have been laid off and not given a letter, what can I do?

While it would be better to have received a letter of lay-off from your employer it is not a requirement by law.

It is suggested that you write to your employer to enquire when you are expected to return to work.

Employers are also encouraged to document changes in its employment arrangement as documentary evidence in the event of an industrial dispute.

What kind of leave is due if someone has a miscarriage?

Under the Maternity Leave Act it depends at what point in the pregnancy the female worker had the miscarriage.

If she was at least 28 weeks in confinement and was employed for a minimum of fifty- two (52) weeks she can qualify for normal maternity leave.

If not, she can opt to submit a Medical Certificate for sick leave if she is absent from work over three (3) days.

If I have COVID-19 what kind of leave is due? What happens to my pay?

Under the Holidays with Pay Order (1973) workers are entitled to ten (10) days sick leave per year. There is no special leave under our current Labour Laws for COVID 19.

The Holidays with Pay Order provides for the worker to be paid whilst on sick leave to their credit. In the event the worker does not qualify for sick leave with pay, the worker

is still entitled to the period of absence as determined by the medical practitioner (sick leave without pay).

If a worker needs to be quarantined how are those days treated? Is it from their leave? As the employer, am I required to pay the workers?

If a worker is quarantined the period away from work can be treated as an absence without pay. Workers who are eligible may opt to apply for vacation leave if they so wish.

Workers who are ordered to be quarantined must remain away from the workplace for the prescribed period.

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Fast Food Sector 22 Nov
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Local Employment

The Ministry of Labour and Social Security facilitates local employment through the national Labour Market Information System (LMIS) and the monitoring of private employment agencies.

The LMIS is web based and provides a one-stop data and information source for job search and placement. Click here to visit this site

  • A facility is also, provided for job seekers and employers who do not have access to computers and/or the internet to visit any parish office and receive assistance. Persons may also visit the Electronic Labour Exchange Centre located at the Ministry’s North Street office to access:
    • A conference room which provides privacy and comfort to review applicants who are screened and pre-selected by the Ministry’s staff.
    • Referral to training institutions such as H.E.A.R.T./ NTA which conducts scheduled visits and processes applications for job seekers interested in training.
  • Private Employment Agencies are monitored by the Ministry to ensure that they comply with the Labour regulations and that they provide fair service to their customers. Learn more
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21 Nov
By: cirkamlssadmin 0

Pay and Conditions of Employment Branch

The Pay and Conditions of Employment Branch (PCEB) is an arm of the Industrial Relations (IR) Department. The core function is to ensure compliance with the minimum standards set out in the Labour Laws of Jamaica.

At the inception of the PCEB, the focus was primarily to provide advice, investigate complaints lodged at the Ministry and to inspect the employment records of business establishments, to verify the level of compliance especially as it relates to the Minimum Wage Act (1938). The functions of the Department have expanded as more non-unionised workers seek the Ministry’s intervention in resolving matters relating to the non-payment of statutory obligations. This has resulted in an increased number of persons visiting, writing and calling the PCEB.

To achieve its objective the PCEB will:

  1. Conduct frequent investigations and inspections of establishments in accordance with the provisions of the Labour Officer’s Powers Act.
  2. Disseminate information to the general public in relation to the Labour Laws of Jamaica.
  3. Respond to labour relations queries from the general public.
  4. Advise prospective employers (Foreign investors) on the provisions of the Jamaica Labour Laws.
  5. Interview clients (employees and employers) to determine whether formal intervention is required to address a breach of the pay and conditions of employment.
  6. Document complaints and provide timely case management.
  7. Conduct mediation sessions with complainants and employers to amicably resolve complaints.
  8. Review and reassess complaints /cases and to determine if court referral is necessary.

 

The Minimum Wage Act

The National Minimum Wage (Amendment) Order, 2023

The Minimum Wage (Industrial Security Guards) (Amendment) Order, 2023

The National Minimum Wage (Amendment) Order, 2018 

The Minimum Wage (Industrial Security Guards) (Amendment) Order, 2018 

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21 Nov
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Manpower Services

Coming Soon

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21 Nov
By: cirkamlssadmin 0

Child Labour

 

 

A milestone in the restructuring of the MLSS is the emphasis placed, with the help of the ILO, on eliminating child labour, including the worst forms.

A Child Labour Unit was established in the Ministry and work is being carried out, in collaboration with other local and international organizations.

What is Child Labour?

Child Labour is defined by the ILO, as work that deprives children of their childhood, potential and dignity. It is also work that is mentally, physically, socially or morally dangerous and harmful to children.  In October 2003, Jamaica ratified ILO Conventions 138 (Minimum Age of Employment) and 182 (Worst Forms of Child Labour). The primary tenets of these Conventions were included in the Child Care and Protection Act of 2004, Sections 33-45.

This Legislation makes it illegal to employ children who are less than 13 years old, however it permits light work between the ages 13 to 15 years. As a part of continued support from the ILO, a Youth Activity Survey was conducted in 2002; it indicated that there were over 16,420 children engaged in child labour for that reference week.

 

Since then, the MLSS has been given the responsibility to implement the National Plan of Action on Child Labour with the following objectives:

  • Create a comprehensive information system that incorporates quantitative and qualitative information on child labour in Jamaica to be used for policy and programme development.
  • Withdraw and rehabilitate children from hazardous work and prevent others from engaging in child labour.
  • Enhance awareness of the complex problems associated with child labour that will affect social attitudes towards children and their educational rights.
  • Strengthen the relevant institutions of the Government of Jamaica and Civil Society, to enforce Child Labour Laws as well as develop and implement policies and programmes toward the prevention of Child Labour.
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21 Nov
By: cirkamlssadmin 0

Industrial Disputes Tribunal

THE INDUSTRIAL DISPUTES TRIBUNAL  

Prior to 1975, industrial relations in Jamaica were regulated by the Public Utility Undertakings and Public Services Arbitration Law (PUUPSA), simply referred to as the Essential Services Law (ESL), 1952, as well as the Trade Disputes (Arbitration and Enquiry) Act, 1957 (TDAE). The PUUPSA/ESL provides for compulsory arbitration of disputes which occurred in industries that were considered essential services.  The TDAE provided for mediation, conciliation and voluntary arbitration by the parties to a trade dispute.  However, owing to the deficiencies of these pieces of legislation, they were repealed and replaced with what eventually became known as the Labour Relations and Industrial Disputes Act (the LRIDA) of 1975.  The Labour Relations and Industrial Disputes Act established the Industrial disputes Tribunal to serves as a permanent statutory Tribunal.  It was to provide for a quick and economical third party settlement of disputes generally and not only for the settlement of disputes related to essential services.  

The Industrial Disputes Tribunal (the Tribunal/IDT) is a quasi-judicial body established in 1975 under the Labour Relations and Industrial Disputes Act to arbitrate on all industrial disputes referred to it by the Minister of Labour and Social Security who has responsibility under the Act.  

 The Industrial Disputes Tribunal deals with disputes involving unionised as well as non-unionised workers. 

The objectives of the IDT are: 

  1. To facilitate the settlement of industrial disputes and to hand down Awards in accordance with the law.
  2. To achieve peaceful dispute resolution
  3. To assist in the maintenance of industrial harmony and stability in the country

The Tribunal’s Awards should be consistent with all laws concerning wages, conditions of employment and hours of work and should take into account the national interest. 

The Tribunal in its determination and settlement of disputes pays attention to the Labour Relations Code which purpose is to promote good labour relations. 

 

The Tribunal’s cadre is a Chairman, two Deputy Chairmen and six Members appointed by the Minister of Labour and Social Security.  Three of the Members are nominated by the Jamaica Employers Federation and three nominated by the Jamaica Confederation of Trade Union.  The Administrative Head of the Office is a Secretary/Director appointed by the Office of the Services Commission as well as support staff. 

  Powers of the Tribunal 

The LRIDA outlines the power and authority of the Tribunal. The Jury (Amendment) Act 2015, Sexual Harassment Bill 2015 and the Occupational Safety and Health Bill, 2017 outline the principles and procedures on how matters which fall under these Legislations can be referred directly to the IDT without reference to the Ministry or conciliation services. This represents a significant change in Labour Law and how parties access the IDT.  

The operating procedures and guidelines are available from the Office of the Secretariat, 4 Ellesmere Road, Kingston 10.  Our telephone numbers are 9265746 and 9268232.  Email: mlssidt@mlss.gov.jm.

 

 

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