THE EMPLOYMENT PERMIT

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THE EMPLOYMENT PERMIT

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Topics to Be Covered

• History
• The Law
• The Applicant
• The Requirements
• The Permit
• The Appeal
• The Control
• The Sanction

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History

• The Parliament of the Netherlands Antilles
  adapted a law in august 2001, which transferred
  the authority to allow an employer to employ a
  foreign worker, to the respective island
  territories.
• As the labour market situation of every island is
  different, this would allow the respective
  Executive Councils to formulate their own policy
  on the employment of foreign workers.
• The foreign worker no longer needs the permission
  of the Lt. Governor to work, but the employer
  needs a permit to allow him to employ the foreign
  worker.

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The Law

• The federal Ordinance on the employment of
  foreign workers (LAV) Publication Sheet 2001 nr.
  82.
• Island Resolution containing general measures on
  the employment of foreign workers (AB 2003 nr.
  6).
• Policy Rules of the Executive Council (BC210103/
  9, 9A, 9B and others).

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The Applicant

• The applicant is the employer (art. 5).
• The employer is
  a) someone who in the
  execution of a profession or
• a company have someone else perform work
• (art. 1b1)
  b) a
  natural person who have someone else
• perform domestic or personal duties (art.
  1b2).

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The Requirements (Employer)

• a. Application form duly completed, dated
  and
• signed
• b. Proof that the vacancy has been filed at
  the
• Island Labour Office at least 5 weeks
  prior to
• the date of application
• c. Proof of business registration at the
  Labour
• Office
• d. Proof that the employer has an income of
  more
• than Naf.36.000,00 per year (only
  applicable for
• sole proprietorships and individuals
  art. 1b2)
• e. The labour agreement to be entered into
  with
• the employee
• f. Proof of payment of the processing fee
  (Naf.
• 800,00 or 1500,00).

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The Requirements (Employee)

• First time request
• a. Birth Certificate, legalized or
  appostille if
• required, translated in English or
  Dutch
• b. Declaration of the marital status, not
  older than
• 6 months, legalized or appostille if
  required,
• translated in English or Dutch
• c. Declaration of good conduct not older
  than 6
• months
• d. Medical certificate not older than 2
  months,
• translated in English or Dutch
• e. Copy of passport
• f. Passport size photo
• g. Copies of diplomas and/or certificates

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The Requirements (Employee)

• Extension or change
• a. Registration form Census Office
• b. Copy residence permit
• c. Copy employment permit
• d. Copy of passport
• e. Passport size photo
• f. Copies of diplomas and/or certificates
• g. Crib number
• h. Proof of medical insurance.

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The Permit

• The permit is issued by the Executive Council.
• The duration varies from 3 months to 3 years.
• The permit will be withdrawn if
• a. it was obtained based on false or
  incorrect
• information
• b. the non national is refused further
  residence in
• the Netherlands Antilles
• c. the non national is dismissed
• d. the employer has been declared bankrupt.

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Refusal of The Permit

• The permit is denied if
• a. there are workers available on the local
  labour
• market
• b. there are conditions in the labour
  agreement in
• conflict with another law
• c. it pertains a position considered not to
  be in the
• interest of the Netherlands Antilles if
  filled by a
• non national. These positions must be
  listed in a
• Federal Resolution
• d. it pertains a non national who has
  violated the
• law on admittance and expulsion

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Refusal of The Permit (cont.)

• e. the employer cannot prove to have done
• everything possible to find someone on
  the
• local labour market
• f. the labour conditions and labour
  relations are
• not conducive in finding a worker on the
  local
• labour market
• g. it is expected that within a relatively
  short
• period of time workers will become
  available
• on the local labour market
• h. a previous restriction or condition has
  not been
• complied with
• i. the ability (qualifications and
  experience) of the
• non national to do the job is not
  proven.

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The Permit and conditions

• Conditions and/or restrictions can be attached to
  the permit. These conditions are meant to
• 1. have the employer make all effort to
  employ workers available on the local labour
  market
• 2. lift or amend any labour conditions or
  labour relation that hinders the employment of
  workers on the local labour market.

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The Appeal

• Anyone directly affected by the decision of the
  Executive Council, may appeal this decision
  within 6 weeks of notification of the decision
• The appeal is directed to the Executive Council
• The appeal suspends the execution of the decision
• A decision on the appeal must be taken within a
  period of 6 weeks

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The Control / Inspection

• Officials appointed by the Executive Council are
  charged with the control / inspection of the
  compliance with this law
• These officials must at all times identify
  themselves with their ID passes issued the
  Executive Council
• The officials are authorized to enter any
  business establishment and review any document
  relevant to the execution of their tasks
• All cooperation must be given to these officials

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The Sanction

• Violation of the stipulation of article 2 sub 1
  is punishable with detention of maximum 3 months
  or a fine of maximum Naf. 100.000,00
• If an employer allows a non national to work
  without having a permit allowing the employment
  of the non national, it will be considered that
  the non national has been in his employ for a
  period of 6 months at conditions (wages and
  working hours) normal in that sector

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More information needed ?

• Please contact us at
• Walter Nisbeth Road 57, Philipsburg
• (former SVB building)
• Tel [phone]
• Fax [phone]

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