Employment Agreement in the BVI

BVI Employment & Residence

In order to work in the BVI, a work permit is needed, except for 'Belongers', naturalised citizens and holders of a certificate of residency. Work permits are issued only when there is no suitable local applicant for the job.

Under a new labour code introduced in 2002, it was proposed that 'non-belonger' workers in the Islands will no longer be granted an initial work permit of more than five years. Permits will be issued for up to one year at a time and then be considered for a renewal or an extension. A new five-year limit will be introduced under which workers who have held work permits for five years must leave the BVI with their dependents and remain outside the territory until they can be considered for either re-employment or new employment. The proposals were resisted by business interests.

Approvals for those applying for residency status after January 1 2003 are limited to no more than 25 persons per year. The government also stressed that in all cases, individuals cannot be away from the BVI for more than 90 days in any calendar year if they want to qualify for residency status.

Employment Agreement in the BVI

Our lawyers assist start-up businesses in the choice of entity (IBC, limited liability company, limited partnership). Our lawyers have experience in setting up agreements - employment agreements, partnership agreements, shareholder agreements or operating agreements. Employment Agreement protects your intellectual property rights and confidential information whenever hiring a new employee. It establishes your relationship as employment at will, lessening the chances of an unfair termination claim. This Agreement also imposes non-compete and non-hire provisions, prohibiting an exiting employee from stealing your clients or workers.

The employment relationship should be memorialized in a document signed by the employer and employee setting forth the terms and conditions of the relationship. Not only will this document be an important part of defending any future litigation, it may well prevent such problems by clarifying the expectations of both parties.

A well-drafted Employment Agreement addresses the following key issues:

• the identification information of the parties;
• the place of the employment and the registered address (or residence address) of the employer;
• the position of the employee, his/her rank, the category and object of his/her employment;
• the date the agreement comes into force and the duration of the agreement if it is made for a specific period of time;
• the number of days allowed as annual leave with pay together with the method and time of their provision;
• the timetable that the employer and the employee must meet in case of the termination of the agreement by a notification;
• all the remuneration that the employee is allowed and the method of payment of the remuneration;
• the duration of the normal daily or weekly employment of the employee;
• reference, if any, to the collective agreements that regulate the terms or the working conditions of the employee.

Please contact us for more information. If you have any queries, please call us during business hours and speak to one of our highly trained incorporation specialists. You can call us by phone 800-081-1510 or + 44 (0) 207.935.5171, or make an initial consultation request.