ARTICLE
15 March 2017

Incentives For Job Makers Act 2013: Ministry Of Home Affairs Increases Transparency While Making Bermuda A More Attractive Place To Do Business For Employers

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Under the Incentives for Job Makers Act 2013, employers can apply to the Minister of Home Affairs to obtain the concession of having their senior executives, who are responsible for the continued presence of jobs for Bermudians in Bermuda, exempt from needing a work permit.
Bermuda

Co-authors: With Kiernan Bell, Michael Hanson

Under the Incentives for Job Makers Act 2013, employers can apply to the Minister of Home Affairs to obtain the concession of having their senior executives, who are responsible for the continued presence of jobs for Bermudians in Bermuda, exempt from needing a work permit. These applications are typically referred to as "concession applications".

On 25 March 2015, Minister Fahy confirmed in his statement to the Senate that a series of amendments to the current policy regulating the processing of concession applications under the Incentives for Job Makers legislation will become effective 1 April 2015.

Minister Fahy stated that these changes were aimed at ensuring that the goals of the legislation, to retain jobs for Bermudians in Bermuda and to make Bermuda a more attractive place to do business, were realised.

As of 1 April 2015:

  • Employers will be required to formally notify all current employees of their intention to make concessions applications under the Incentives for Job Makers Act 2013;
  • Notification will be in the form of a letter of intent with standardised language to be provided by the Ministry of Home Affairs;
  • Employees will be given a 14 day window from the date of the distribution of the notification to submit concerns to a confidential email account to be maintained and reviewed by the administrative support team of the Ministry of Home Affairs; and
  • Employers must provide evidence that they have adhered to the internal notification requirement at the time of the submission of any concession applications.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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