Revised Laws of Saint Lucia (2022)

25.   Liability of employer for immigrant employee

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    (1)   Where any person who is not a citizen of Saint Lucia enters Saint Lucia and at the time of his or her entry is under a contract to serve any other person (such first mentioned person in this section referred to as the employee and the person whom he or she has contracted to serve being in this section referred to as the first employer), then —

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      (a)     if, during the currency of the contract or any subsequent or substituted contract between the same parties, or on the normal expiry, of any such contract, or its earlier determination by the first employer, the employee becomes liable to be treated as a prohibited immigrant, the first employer shall be liable to pay to the Government all expenses which may be incurred by Government in connection with the maintenance and transport of the employee and his or her deportation from Saint Lucia (in this section referred to as the expenses of the deportation of the employer);

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      (b)     if the employee determines the contract and thereafter becomes liable to be treated as a prohibited immigrant, the following provisions shall have effect —

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        (i)     subject to the provisions of subparagraph (ii) hereof the first employer shall, during the period from the time of such determination to the time when such contract is normally due to expire or (subject to the provisions of paragraph I hereof) during a period of 2 months from the date on which he or she gives notice in writing to the Chief Immigration Officer of the determination of the contract by the employee, whichever period first expires, be liable to pay to the Government the expenses of the deportation of the employee;

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        (ii)     the liability of the first employee shall cease and determine if the employee gives new security, either —

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          (A)     by a bond of a subsequent employer, to the satisfaction of an immigration officer, conditioned for the payment of the expenses of the deportation of the employee in any case in which the first employer would, but for the determination of the contract, have been liable under this section; or

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          (B)     by complying to the satisfaction of an immigration officer, with the requirements of any regulations made under this Act and relating to security to be furnished by persons entering Saint Lucia;

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      I     if during the said period of 2 months from the date on which the first employer gives notice in writing to the Chief Immigration Officer of the determination of the contract by the employee or, where such determination takes place less than 2 months before the contract is due to expire, during the remaining period of the contract, the employee has not given new security in the manner provided by paragraph (b), then at any time during the last 7 days of the said period an immigration officer may declare the employee to be a prohibited immigrant, and the employee shall thereupon with all convenient speed be deported from Saint Lucia; and if notice that the employee has been so declared a prohibited immigrant has been given by the immigration officer to the first employer within the period during which the first employer is liable under paragraph (a), the first employer shall pay to the Government all the expenses of the deportation of the employee;

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      (d)     where a subsequent employer has entered into a bond as provided in paragraph (b), he or she shall be deemed to have assumed all the rights and liabilities of the first employer under this section, and any reference in this section to the first employer shall be deemed to apply to such subsequent employer.

(Amended by Act 15 of 1983)

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    (2)   The expenses of the deportation of an employee shall be recoverable in an action brought by or in the name of the Chief Immigration Officer.

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    (3)   Nothing in this section contained shall prejudice any claim which the first employer may have against the employee for any breach of contract.

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    (4)   Anything in this section contained shall be without prejudice to the provisions of section 17.