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88sins
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Re: Local employee rights

Postby 88sins » January 20th, 2020, 8:38 am

zoom rader wrote:Somehow you could be correct , years ago i remembered in order to get a work permit the employer must prove that their are no locals that can do that job.

That's how it is in Canada. There, you must advertise the position for a certain amount of time, and if it's vacant after that then you are allowed to seek non-national labor, and then there's conditions on where you can get them from & how you go about it. But not here, not at all.

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Re: Local employee rights

Postby zoom rader » January 20th, 2020, 8:44 am

88sins wrote:
zoom rader wrote:Somehow you could be correct , years ago i remembered in order to get a work permit the employer must prove that their are no locals that can do that job.

That's how it is in Canada. There, you must advertise the position for a certain amount of time, and if it's vacant after that then you are allowed to seek non-national labor, and then there's conditions on where you can get them from & how you go about it. But not here, not at all.



Found the law
A work permit will be granted to a foreign national only if there is no citizen or resident of Trinidad and Tobago who is qualified to perform the functions of the job. In order to demonstrate that the employer of the foreign national has taken all reasonable steps to locate a citizen or resident of Trinidad and Tobago to fill the position, the employer will be required to provide evidence of the placement of advertisements of the employment position in local newspapers and to report on the applications received in response to that advertisement. Further, the employer must show that, as the intended employee, the foreign national possesses the relevant experience or skill or expertise pertinent to the employment position.



http://www.fitzwilliamstone.com/overvie ... in-tt.html

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zoom rader
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Re: Local employee rights

Postby zoom rader » January 20th, 2020, 9:10 am

Law is broken here with OP,

His employer tried to pack him off and sneak in a non citizen.

A work permit will be granted to a foreign national only if there is no citizen or resident of Trinidad and Tobago who is qualified to perform the functions of the job. In order to demonstrate that the employer of the foreign national has taken all reasonable steps to locate a citizen or resident of Trinidad and Tobago to fill the position, the employer will be required to provide evidence of the placement of advertisements of the employment position in local newspapers and to report on the applications received in response to that advertisement. Further, the employer must show that, as the intended employee, the foreign national possesses the relevant experience or skill or expertise pertinent to the employment position
.

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88sins
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Re: Local employee rights

Postby 88sins » January 20th, 2020, 10:36 am

zoomie,

I can't take much stock in a snippet of verbage from fitzwilliam stone. but if you can, plz cite where in the act that is written.

cuz I went through the act as pertains to foriegn nationals, work permits, liabilities of the employer etc, & saw nothing similar to what they state on their website.
http://rgd.legalaffairs.gov.tt/laws2/al ... /18.01.pdf

work permits and employers liabilities & obligations starts at pg 62

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zoom rader
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Re: Local employee rights

Postby zoom rader » January 20th, 2020, 11:02 am

^^^ Hmmm, I was looking for it aswell. Will dig a lil deeper.

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Re: Local employee rights

Postby zoom rader » January 20th, 2020, 11:30 am

88, Have a look here ,

http://www.nationalsecurity.gov.tt/Port ... NDMENT.pdf

4. The following documents must be submitted when applying for a work permit:-
(a) Covering letter from the prospective Employer. (This must set out the reason for the request for a Work Permit and why a national cannot be hired).
(b) Application forms completed and signed by both the proposed employee and the prospective employer.
(c) Form WPA 1a outlining details of Non-Nationals employed in Professional, Managerial and Senior Technical positions (to be used in cases where the ‘Application for a Work Permit or Extension of a Work Permit’ form cannot accommodate the number of entries to be submitted).

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88sins
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Re: Local employee rights

Postby 88sins » January 20th, 2020, 12:50 pm

Nat Sec setting out their guidelines for what they want ain't exactly law as written eh,


but close enough

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zoom rader
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Re: Local employee rights

Postby zoom rader » January 20th, 2020, 1:07 pm

88sins wrote:Nat Sec setting out their guidelines for what they want ain't exactly law as written eh,


but close enough
Yeah, but still can't find the actual stated law .

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Re: Local employee rights

Postby 88sins » January 20th, 2020, 7:44 pm

There's a reason for that lol

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Re: Local employee rights

Postby ProtonPowder » January 20th, 2020, 7:53 pm

Some laws are laid very generally, and the governing state body or ministry can set their own guidelines or criteria in how the law is applied.

The guides for foreign worker permits would more be hidden in internal ministry memorandums rather than in law, and can probably be retrieved with a FOIA request.

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Re: Local employee rights

Postby zoom rader » January 20th, 2020, 7:58 pm

88sins wrote:There's a reason for that lol
If it is not set in law then it is not a real law.

As I see it any tom dick and Harry can apply for a work permit and challenge it if it is refused .

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88sins
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Re: Local employee rights

Postby 88sins » January 20th, 2020, 9:16 pm

zoom rader wrote:
88sins wrote:There's a reason for that lol
If it is not set in law then it is not a real law.

As I see it any tom dick and Harry can apply for a work permit and challenge it if it is refused .

Ah, yuh unnastan now.

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Re: Local employee rights

Postby zoom rader » January 21st, 2020, 7:38 am

No Law for hiring expats over a local so OP don't have much of a leg to stand on.

Trini labour laws are backward just as PNM

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