Expert: Drew Wilmoth - 11/2/2008

Question
Hi, I hope you can advise.
I have been working in Grand Cayman for 2months now, and worked for the company on a 'working interview' for 2 months before that. I am on a 6mth permit.
At present I have still seen no contract. Is there a law against this I keep getting told its been written. To be honest the job has turned out to be the complete opposite of what I thought I was employed to do,and am finding it increasingly difficult to stay in my position. I would like to approach my employer with a considered new direction to my employment, can this be easily changed, and should I be as concerned as I am that a contract does not seem to be forth coming?
Thank you

Answer
It is not unusual for work permit holders to not have a written contract. Whether a written contract is technically required by law depends a bit upon where you work. Government employees are required to have a written contract. As far as I am aware private sector employees are not required to have a written contract.

If you are not satisfied with your current job I would first encourage you to speak with your employer and discuss your expectations and how you feel that is different than the reality of what you are dealing with.

Within limits, an employer can change certain aspects of job duties without the need to alter your work permit. A substantial change in duties may require a change of your permit (such as a promotion to a managerial role) because some categories of work permits cost the employer more. Regardless, such changes are an administrative matter which your employer should be able to easily handle.

Changing employers during the term of your current work permit is a more complicated matter. Your current employer would need to provide a letter to Immigration releasing you from your work permit before a new employer could take out a new permit.

Otherwise, you are free to change employers at the time of your work permit renewal. It helps to have the new employer initiate the application so that the approval can be granted for you to change jobs in a seamless manner. If you wait too late you may need to leave the island while your new permit is under consideration.