Live-in domestic workers

Rules for employers and employees concerning live-in domestic worker

On Bonaire, Saba and Sint Eustatius, it is possible for private individuals to employ foreign nationals as live-in domestic workers. However, employers must possess an employment permit when doing so. This has been stipulated in the Labour Act for Foreign Nationals BES. A ‘foreign national’ is classed as someone without a Dutch passport, who thus needs a work permit to work in the Caribbean Netherlands.

Please note: a live-in domestic worker is not the same as a live-in care giver. Domestic work involves performing activities in the household, such as cleaning, washing and ironing. Care givers perform activities aimed at helping residents with personal care, such as dressing and undressing, assistance when eating, support when going outdoors/walking, night-time supervision, and medical help (like administering medicines).

Who can request an employment permit?

Employers must meet several requirements if they want to request a work permit for a live-in domestic worker. You must prove why you need a live-in worker, for example, using a doctor’s certificate. You must also use photos and a fully completed questionnaire to demonstrate that your home is suitable for a live-in worker.

The permit will only be awarded if work is carried out for:

• A (married) couple with disabled children, where both partners work.
• A single person with disabled children that live at home.
• A (married) couple where the man or woman requires assistance due to illness or old age (a doctor’s certificate is needed in this case*).
• A single person who is elderly or requires assistance (a doctor’s certificate is needed in this case*).
• A (married) couple, where one or both partners is away from home for work purposes.

*Live-in caregivers must also use diplomas and/or certificates to demonstrate that they are permitted to perform care-related activities.

What rights do live-in personnel have? 

• The maximum working time is 11 hours per day, with a maximum of 55 hours per week.
• The salary is agreed based on the position and the necessary qualifications. All employees are entitled to at least the legal minimum wage. The legal minimum wage for the Caribbean Netherlands is revised each year.

Please note: the legal minimum wage reflects an hourly rate. Therefore, if a live-in worker works 55 hours per week, his/her salary will be higher than that for a 40-hour working week.

• Work - be it daily or weekly - that exceeds the norm or is performed outside working hours or during break times, is subject to an overtime bonus equivalent to 50% of the hourly rate. Overtime of less than half an hour is always rounded up to the next complete half hour.
• All employees are entitled to a minimum of 3 weeks’ paid leave. In addition, public holidays are classed as paid days off. Work carried out on public holidays is subject to an overtime bonus of 100%.
• The working hours of a live-in domestic worker must fall between 6:00 am and 10:00 pm.
  A live-in caregiver may work outside these working hours if the caregiving is done exclusively or mainly after 11pm and before 6am.
• Employees are entitled to at least 1 free day per week.
• Employees are entitled to their own - lockable - room, featuring at least a bed, cabinet, table and chair.   The room must meet fire-safety requirements. Employees must also have access to a lockable toilet and bathroom. The bathroom must at least feature a wash basin and shower.
• A maximum amount of $167 per month can be deducted from the salary for board and lodging. However, the monthly salary cannot be less than the legal minimum wage for the number of hours that have been worked.
• It must be possible to work in a safe and healthy manner. The employer must supply appropriate equipment and also bear all accompanying costs.
• The employer is not entitled to confiscate the employee’s passport or ID.
• Employers are not entitled to have domestic workers removed from the island.

Where can employers request an employment permit?

Employers must go to the information desk at the IND. They will give you the form that must be completed for the residence permit and employment permit, as well as a list of the documents needed for the application. Further information about the process.

Where can employers and employees go if they have questions?

If you want to ask a question to the Labour Inspection, or would like to submit a complaint about your working conditions, this can be done by contacting the Labour Inspection. E-mail your question to arbeidsinspectie@rijksdienstcn.com or phone +599 795 4832.

If you have questions about salaries and working times, or mediation during a labour dispute, you can contact the Labour Affairs department of the RCN-unit SZW. E-mail your question to arbeidszaken@rijksdienstcn.com, phone +599 795 4832 or visit during consultation hours:

• Bonaire: Monday to Friday between 8:00 am and 11:00 am (on appointment in the afternoon)
• Saba and Sint Eustatius: Monday to Thursday between 8:00 am and 12:00 noon

Are you an employer and have a question about employment permits? Then you can get in touch with the Employment permit department at the RCN-unit SZW. E-mail your question to twv@rijksdienstcn.com, phone +599 715 8888 or visit during consultation hours:

• Bonaire: Monday to Friday between 1:30 pm and 3:30 pm
• Saba and Sint Eustatius: Monday to Thursday between 8:00 am and 12:00 noon