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Written Agreements

Jamaica's labor law does not contain statutory provisions regulating the form of employment contracts.

Oral Agreements

Jamaica's labor law does not contain statutory provisions regulating the form (written or oral) of employment contracts.

Implied Agreements

Jamaica's labor law does not contain statutory provisions regulating the form of employment contracts.

Jamaica's labor law allows employers and employees to define normal working hours up to a maximum of 12 hours per 24 hour period and up to 40 hours per week. Any work performed over 40 hours per week is generally eligible for overtime pay.

The following public holidays are observed in Jamaica: New Year’s Day (January 1) or the day after New Year’s Day (January 2) if it falls on a Sunday, Ash Wednesday (varies), Easter Monday (date may vary), Labor Day (May 23), Emancipation Day (August 1), Independence Day (August 6), National Heroes Day (the third Monday of October), Christmas Day (December 25), the day after Christmas Day (December 26), or the third day after Christmas Day (December 27) if it falls on a Sunday, a day appointed by the Minister of national observance (date may vary).

Jamaica's labor law does not set a statutory limit on the duration of probationary periods. When an employment contract contains a probationary period, the contract can be terminated without notice if the probationary period is less than 90 days. If the probationary period is longer than 90 days, the employee can be dismissed without a notice period within the first 90 days of employment. 2 weeks' notice is required for employees who have surpassed the first 90 days of their probationary periods.

The length of probationary periods found in collective agreements in Jamaica typically ranges from 3 to 6 months.

Notice Period

In Jamaica, a notice of dismissal must be provided to employees who have been continuously employed for at least 4 weeks. The period required for notice is as follows:

• At least 2 weeks for employees with less than 5 years of tenure
• At least 4 weeks for employees with between 5 and 10 years of tenure
• At least 6 weeks for employees with between 10 and 15 years of tenure
• At least 8 weeks for employees with between 15 and 20 years of tenure
• At least 12 weeks for employees with over 20 years of tenure.

Employees who have been continuously employed for 4 weeks or longer cannot give less than 2 weeks' notice to terminate their employment contract.

The notice of dismissal is given in writing unless given in the presence of a credible witness. However, the notice period may be waived if the conduct of either party breaches the contract or causes harm to the employee/employer, or if a fixed-term contract has expired.

Severance Benefits

In Jamaica, severance pay is legally required in redundancy cases where employees have 104 weeks (2 years) of tenure. Dismissal is considered to be due to redundancy if it is attributable wholly or partly to:

• An employer having ceased to carry on the business for which the employee was employed
• An employee’s particular work has ceased or diminished
• An employee has suffered a personal injury caused by an accident arising during their employment or developed an occupational disease

Seasonal employees who have worked for an employer for 2 or more consecutive seasons are considered to be dismissed because of redundancy if dismissed for any of the reasons listed above or if they are not employed in future seasons.

The redundancy payment amounts to:

• 2 weeks’ pay per year for the first 10 years
• 3 weeks´ pay per year, from the tenth year onwards

Minimum Wage

The minimum wage in Jamaica is determined by the Minimum Wage Advisory Commission and set forth in the Gazette by the Minister of Labor and Social Security. The national minimum wage, effective June 1, 2024, is JMD 15,000 (Jamaican dollars) per 40-hour week for all occupations except security guards. The minimum wage for security guards is JMD 15,000 per week.

The typical pay frequency cycle in Jamaica is monthly and employees are typically paid on the last day of the month.

Overtime, Holiday & Vacation Pay

Jamaica's labor law defines overtime as work performed over 40 hours per week. Because of recent regulations allowing the use of a flexible weekly work schedule, overtime work is no longer calculated after eight hours of daily work (but an employee is prohibited from performing more than 12 hours of work in a 24-hour period). The minimum overtime rate is 150% of the normal hourly rate.

Employees are entitled to 200% of the normal hourly rate for working on a public holiday or rest day. However, Sundays are no longer automatically considered to be a 'premium day' for the purpose of calculating overtime payments.

Employees must be paid their normal wage while on annual leave, and this amount must be paid to them before the commencement of the annual leave.

Visas

Jamaica issues the following visas:

• Tourist visa
• Student visa
• Work visa
• Permanent residency visa
• Spouse of a Jamaican national visa.

All travelers to Jamaica need to present the following documents to officers for immigration clearance:

• A valid passport or another acceptable travel document
• A valid visa or authority to enter Jamaica (including work permit, student permit, temporary permit)
• A completed and signed immigration landing card.

Anyone who arrives without a valid travel document, visa, or authority to enter Jamaica may be refused entry to Jamaica or delayed until their identity and claims to enter Jamaica have been confirmed.

A small number of travelers may have other types of travel documents that are also acceptable for travel to Jamaica.

The travel documents must be issued by a recognized authority, contain a photograph of the bearer, and provide the holder with a reentry authority to the country of issue (or an entry authority to another country). Holders of these documents generally require a visa.

Work Permits

In Jamaica, individuals who wish to obtain a work permit must apply to the Work Permit Department of the Ministry of Labour and Social Security (MLSS). The application must be sent through the applicant's legal representative, prospective employer, or contractor.

Employers who submit work permit applications on behalf of their prospective employees must submit a cover letter to the Permanent Secretary of the MLSS describing the following:

• The reasons for the application
• The duration of the work the employee will be doing
• Efforts to recruit local individuals to do the work

Applications for work permits on behalf of self-employed individuals must also be submitted with a cover letter describing the following:

• The nature and duration of the work
• Certified copies of the applicant's credentials
• Two passport photographs
• The individual's resume
• The individual's police record

To receive an extension, a person on a work visa must hold a passport valid for at least another 6 months, a work permit/exemption/receipt/letter from the Ministry of Labour and Social Security, and an entry visa (where applicable) based on the list of countries that require a visa before arrival.