On 16th December, Tynwald voted unanimously to approve the Control of Employment (Exemptions) Order 2009.
The Order, which will come into force on New Year’s Day, exempts certain employments, the great majority of a temporary or intermittent nature, from the requirement for a work permit. The Order is designed to make the Island an easier place to do business in by reducing the administrative burden upon employers while at the same time protecting the essential interests of Isle of Man workers.
One of the main changes will be to increase the general exemption period where a permit is not required from 3 days to 10 working days a year.
With a very small number of exceptions – which are construction, mobile caterers and temporary retailers – this general exemption will apply across the board.
There is a longer exemption period for certain higher level employees of international companies. This is in recognition of the fact that such companies need to be able to move staff between jurisdictions; the exemption period is a maximum of 48 days year in this case.
The exemption does not cover all employments and is subject to certain conditions.
A further exemption category covers persons relocating businesses to the Island or establishing a branch or subsidiary of a non IOM business here.
In total, thirteen types of temporary and intermittent employments are exempted along with three categories of permanent employment.
Minister for Trade and Industry Hon David Cretney MHK comments, "The Department listened very carefully to consultees and worked hard to produce a balanced package of measures aimed at increasing the attractiveness of the Isle of Man for employers – and hence overall employment opportunities – without diminishing protection for Isle of Man workers.
"As I stated in Tynwald, if the Order had meant simply 'throwing open the doors' I would not have brought it before Tynwald. My record of supporting Isle of Man workers and working hard to grow and diversify the economy is well known. Tynwald recognised this which is why the Order was approved unanimously.”
The Department has updated its guidance material to incorporate the changes.
A guide can be downloaded here.
In 2010, the Department plans to review the Control of Employment Act itself prior to bringing forward a new Control of Employment Bill and new Regulations to ensure that this important legislation "continues to protect the Island’s interests in today’s global economy."
