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IMPACT – HIGH
What is the change? Equatorial Guinea is conducting a blanket audit of work permits and is requiring companies to revalidate existing work permits with the Ministry of Labor.
What does the change mean? All companies holding work permits for foreign employees must present their work permits to the Ministry of Labor. Failure to do so could result in invalidation of the permits.
Background: In an effort to crack down on abuse and corruption relating to work permits, the Ministry of Labor issued an order last month to conduct a review of all work permits. According to the order, dated May 25, all existing work permits must be revalidated and signed by the General Director of Labor or they will be deemed canceled.
Companies holding work permits must bring their work permits and evidence of recruitment authorization to the Ministry of Labor. Companies may send a third-party representative.
While the order states that the deadline for companies to comply is “30 days after the date of official publication of the order,” there is no known official publication of the order and it appears that the deadline is ongoing. In addition, a new General Director of Labor was named today, which could impact implementation of the order going forward.
BAL Analysis: Companies with valid work permits who do not want to risk cancelation of their permits should plan to present their work permits and proof of recruitment authorization to the Ministry of Labor as soon as possible. U.S. nationals continue to be exempt from work permit requirements for up to 90 days for all work categories, including offshore rotations.
This alert has been provided by the BAL Global Practice group and our network provider located in Equatorial Guinea. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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