Charities need to register to avoid labour law

| 26/03/2014

(CNS):Officials from the labour department said local charities must be registered with the government agency to be recognized as such under the Labour Law and that applications for registration are being accepted.Cayman has no separate legislation dealing with charities to monitor their activities or the funds they collect, but the labour department issues certificates to NGOs so that they are exempt from section 3 of the labour law dealing with pay and working hours. The department is urging charitable organisations to ensure that their registration is current and warned it would still monitor them to ensure they follow the “golden rule” despite being exempt from the law.

The Labour Law establishes minimum standards, however all employers are free to offer terms and conditions over and above the Law. Pursuant to the definition of a ‘charitable organisation’ in the Labour Law (2011 Revision), a certificate of registration, signed by the Director of Labour and Pensions is required before an organisation can be considered charitable. This certificate is issued for a twenty-four month period from the date of registration to organisations that meet the criteria for charitable status.

Charitable organisations include non-profit organisations, service clubs, foundations and other entities covered under Section 80 of the Companies Law, such as schools which may be related to a church but separately registered. Churches are already exempt from the requirements of the current Labour Law in Section 3 (c).

Emphasising the ease of the registration process, Mario Ebanks, Director of the DLP added: “We expect that the accessibility of these forms will help to streamline and expedite the process of registration and issuance of certificates.”

Application forms are available from the DLP office on the 2nd Floor, Mid Town Plaza, Elgin Avenue, George Town, or can be emailed to any organisation which is seeking to apply for registration. The forms are also posted in the forms section of the department’s website, www.npo.gov.ky, from which they can be printed and completed.  Applications and supporting documents may be delivered to the DLP office Mondays through Fridays, 9:00 am – 4:00 pm.

For more information regarding the application process, please visit or contact the Department of Labour and Pensions, tel. 345-945-8960.

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Comments (21)

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  1. Anonymous says:

    Nothing more than civil servants “making work” for themselves. Instead ofdealing with pension offenders they are going to police organisations that are legally exempted from the DLP umbrella.

    A little power in the wrong hands is never good.

  2. All giving says:

    Ok, so some well heeled people donate a lot and put on a black tie (thank you) some people work with projects on the weekends and attend weekly membership meetings. (Thank you) some people donate their time to those less fortunate (thank you) as long as they are following the law (charities and church's) and submit audited finances- just say thank you!

  3. Anonymous says:

    So before now should schools that are affiliated with churches have previously complied with the Labour Law? Why would  they be considered charities at all unless the church is somehow funding the schooling? One school I'm thinking about charges higher fees than any other place… so why would they need additional church funding?

  4. Anonymous says:

    The million dollar question of course is why are churches exempt and what exactly contitutes a "church"?

     

  5. Anonymous says:



    Why should charities be exempted from the Labour Law in the first place? That makes absolutely no sense. 

    • Anonymous says:

      The " screaming shouting" churches are run as businesses anyway nothing to do with community service in Cayman…..all the money goes back toJamaica.

  6. Charity work permit farce says:

    The bigger question is why Immigration is not looking into the management of these charities.  The imported workers get decent wages yet NO Caymanians are in senior management at Charities.  No succesion planning for locals either.  Just personal pets of patrons hiring whovever they want and the Charity Boards sit back and allow it- shame, shame, shame.

    Just last month- Advertised in newspaper- When a very highly degreed and suitably well experienced professional applied for a well known local charity Administrator Job (Work Permit Renewal) they were turned away like a leper!!!

    Until these charities start hiring locals (or put in succsssion planning) we are looking at another entire career field that is locked out for 7-10 years by work permits and then due to their great charity efforts, these middle management Admins will get automatic status and no hope of locals ever entering this area of work.  What a shame when qualified degreed and hard working locals cannot even get an administration job working in a charity?

    • Anonymous says:

      Like a broken record.  Self-pitying whining crap.

    • Anonymous says:

      Look buddy, it may sound tough, but charity does not exactly begin at home here. With some very good exceptions, most people you see at Charity functions are expats. Mainly because it is in some of our cultures, and we really want to help the community we are in. If we look to our leaders here, the charity culutre is ""help myself" which is precisely what anyone involved in charity support does not wantto see.

      • Life says:

        It also looks really good on the Permanent Residency application too!

      • Anonymous says:

        Perhaps the reason you mostly see expats at charity functions is because tickets to those events are bought as corporate tables and the seats are reserved for senior management/ professionals and those people are "with some very good exceptions" mostly expats. Attendance at a charity event is often viewed as an opportunity to network or worse – to pretend that we are anywhere other than Cayman (hello Kentucky Derby event this weekend)-  and since it is the firms that pay for these tickets you should not assume that the attendee is even intereted in the organisation that will benefit from that ticket sale – who wouldn't like to get dressed up, have a nice free meal and some wine and be told how awesome you are? Just because you have your face in  David Legge's Grand Cayman Magazine does not mean you are interested or meaningfully involved in charitable causes. And let's certainly not forget that expats HAVE to participate in charitable causes for PR points and the more high profile that event or cause, the better. There are dozens of charitable causes on island that don't have sophisticated marketing or rely on fancy events to fund their good deeds and don't I dare say attract a whole lot of expat attention.

        • Anonymous says:

          Oh please..tell you what, all expats just lets stop doing this, and see how much more fuss gets made about us not helping the community. FYI, this is the same around the world, hell I even organised a few myself. And what did you do for your country?

        • Anonymous says:

          Good point! Who created that system? Oh, Cayman politicians! Why? They get that a lot of Caymanians won't help their own. Too many petty jealousies and pointless feuds. Please change the PR system so we don't anger you with our false generosity. Better still throw us all out. I can think of people who need it more.

          • Red herring says:

            Back to the churches…..

          • Anonymous says:

            Nothing was wrong with the system itself.  They created it as a way to show that you have some commitment to this community. This was abusing the system.

        • Anonymous says:

          Thank you! Well said. It truly galls me when you hear the self-righteous clap trap that pours out of some of these people.  

      • Anonymous says:

        Oh, please. You all see these events as opporutnities to drink wine and socialise at your employer's expense and add something to your PR application. Get off your self-righteous podium.  

        • Anonymous says:

          Ignorance is bliss 13.44-I shall insist the next function we attend raises funds to eradicate your ignorance and will raise a glass in your direction. And only some employers pay, most go self funded, me included, ingrate jealous a$$hole

    • Anonymous says:

      You should check your facts about no Caymanians being in senior management positions at charities.  That is patently false and just propogating the Caymanian/non-Caymanain debate.  Simple research prior to posting would be a more responsible approach.