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7<br />

i. Formalities<br />

Every employer in the BVI is required to provide employees with a written statement setting<br />

forth the employee’s working conditions which includes:<br />

1. the general responsibilities and related duties for which the employee is being hired;<br />

2. the regular hours of work and rest periods;<br />

3. the starting salary;<br />

4. the term of employment if other than indefinite;<br />

5. the probationary period (if any); and<br />

6. the employee’s leave and vacation privileges.<br />

ii. Probationary Period<br />

A new employee’s probationary period may not exceed 4 months unless the employee has the<br />

rank of supervisor or above, in which case the probationary period may not exceed 6 months.<br />

iii. Minimum Wage<br />

The minimum basic wage payable for employment in the BVI is US$4.00 per hour. The<br />

minimum wage payable to students enrolled in secondary school is US$3.00 per hour.<br />

iv. Sick Leave<br />

An employee (who has been employed for a continuous period of not less than four months), is<br />

entitled to a minimum of at least 12 sick days per year, during which an employee would receive<br />

the same basic wage or salary as if they had worked those days. However, any social security<br />

benefits received by the employee for illness or other physical incapacitation for work for those<br />

days may be deducted from the basic wage payable to the employee by the employer.<br />

v. Vacation<br />

Employers must grant employees with less than ten years of service at least one vacation day per<br />

month (after they have successfully passed their probationary period, if any) during which an<br />

employee would receive the same basic wage or salary as if they had worked that day. Such<br />

vacation leave is in addition to, and does not include, any public holiday or sick leave. An<br />

agreement between an employer and an employee by which the employee would forego the<br />

taking of earned vacation leave is not to be deemed to deny the employee the right to vacation<br />

leave at a future time to be mutually agreed between the employer and the employee. Any<br />

employee whose employment is terminated for any reason shall receive in respect of every day of<br />

vacation leave due to them the remuneration for each such day.<br />

vi. Public Holidays<br />

Where an employee does not work on a public holiday, employees are to be paid the basic wage<br />

they would have received for work performed on that day had it not been a public holiday<br />

provided that the employee worked their scheduled workday immediately before and after the<br />

public holiday and the public holiday did not fall on one of the employee’s scheduled workdays.

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