317. Control of employment
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(1) A foreign national shall not engage in any occupation in Saint Lucia for reward or profit, or be employed in Saint Lucia, unless there is in force in relation to him or her—
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(a) a valid work permit and he or she so engages or is so employed in accordance with the terms and conditions which may be specified in the permit; or
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(b) an exemption from the requirement for a work permit under this Act or any other law in force in Saint Lucia.
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(2) A person shall not have in his or her employment in Saint Lucia a foreign national without there being in force a valid work permit or an exemption from the requirement for a work permit under this Act or any other law in force in Saint Lucia in relation to that employment.
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(3) Any—
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(a) foreign national who engages in any occupation in Saint Lucia or is employed in Saint Lucia in contravention of the provisions of subsection (1) of this section; and
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(b) person who has in his or her employment in Saint Lucia a foreign national in contravention of the provisions of subsection (2) of this section,
is liable on summary conviction to a fine not exceeding $5,000 or imprisonment for a term not exceeding one year or to both; and in the case of a subsequent offence to a further fine not exceeding $500 for each day upon which the offence continues after the prior offence or to imprisonment for a term not exceeding 2 years or both.
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(4) It shall be presumed, upon the trial of any person for a contravention of the provisions of subsection (1) or (2) of this section that the person is a foreign national unless the contrary is proved by the person charged.
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(5) For the avoidance of doubt, it is hereby declared that the provision of this Division shall not apply to—
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(a) a Judge or the Chief Registrar of the Eastern Caribbean Supreme Court or Caribbean Court of Justice;
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(b) any person employed in the public service in a civil capacity in respect of the Government of Saint Lucia; or
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(c) professional occupation by a legal representative in or for defending a person charged with a criminal offence.
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(6) The manifestation or propagation of any religion or belief in religious worship, teaching, practice or observance by any person entitled to be in or to enter Saint Lucia shall be exempt from the requirements of a work permit where, upon application by that person, the Minister grants a certificate of exemption, in the form prescribed to that person having regard to the recommendation of the Minister responsible for Ecclesiastical Affairs.
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(7) In this section “legal representative” means a person entitled to be in or to enter Saint Lucia and entitled to practice as an attorney-at-law in Saint Lucia.
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(8) In this section a reference to a religion shall be construed as including a reference to a religious denomination and cognate expressions shall be construed accordingly.