Filing an objection and complaints

You can file an objection with the RCN SZW unit when you disagree with a decision regarding:

• Work permits 
• Loss of earnings
• Social relief
• General Old Age Pension (Algemene Ouderdomsvoorziening, AOV)
• Widow and Orphans Act General Insurance BES (Algemene weduwen- en wezenwet, AWW)
• Child benefit

If the objection concerns a work permit, the RCN SZW unit should have received your objection within four weeks after the decision. Other objections should have been received within six weeks after the decision. If you file your objection after the given time limit, it will not be processed. 

You can only file an objection in writing. The notice of objection may be filed in Dutch, Papiamentu or English and should include the following elements:

• Your name and address
• A description of the decision to which you are filing an objection
• The reason why you disagree with the decision 
• The date and your signature
• In order to ensure swift processing, please also attach a copy of the decision to which you are filing an objection

You may submit your objection to the local office of the RCN SZW unit, by e-mail or send it by post for the attention of the head of the RCN SZW unit. We have a preference for e-mail. 

E-mail: info.szw@rijksdienstcn.com 

Address:

SZW head office
Centrumgebied z/n
Kralendijk, Bonaire

Your objection will be processed by the legal officer within the RCN SZW unit. Within several days after filing you complaint, you will receive an acknowledgement of receipt by e-mail or by post. This acknowledgement will include an invitation to provide a verbal explanation of your objection, this is called “hearing”. The invitation will state when the hearing will take place and when you can inspect your file. You are entitled to a one-time copy of your objection file free of charge.
 
After the hearing, your file will be re-examined fully. You can read about these re-examinations in the decision on your objection. You will receive this decision no later than four months after the date on which your objection was filed. You will be notified if a longer period of time is required to reach a correct assessment. The RCN SZW unit may extend the period of four months once by a period of thirty days.

Filing a notice of objection does not have a suspensory effect. This means that the decision to which you are objecting will remain in force until another decision is issued. Do you want to suspend the decision? In that case you may submit a request to the Court in First Instance of Bonaire, St. Eustatius and Saba. This is called a request for a provisional ruling, which involves court fees. 

Did you file an objection to the rejection of your application for a work permit? 
Then you should take account of the fact that pending the decision on your objection, you are not permitted to have the foreign worker perform work (Article 2 of the Wet arbeid vreemdelingen BES (BES Labour Law Foreigners)). The former decision will remain in force until a new decision has been made. 

If you disagree with the decision, you may lodge an appeal with the Court in First Instance of Bonaire, St. Eustatius and Saba, which involves costs. For more information about this, please visit the website The Joint Court of Justice, (section  Court in First Instance.)

You can submit a complaint about the way in which the SZW unit of RCN or a member of staff treated you. For example, if you feel that:

• you were not treated properly;
• you were not informed properly;
• you were treated negligently;
• you received inadequate assistance or no assistance at all;
• a member of staff behaved unprofessionally.

A complaint is not intended to challenge a decision.

Do you disagree with a decision made by the SZW unit of RCN, for example regarding a benefit or enforcement? In that case, you can usually lodge an objection. The decision states whether an objection can be lodged and within what timeframe.

You can submit your complaint in writing or by email.

Ensure you include the following at the very least:

• your name and contact details;
• the date of the event;
• a clear description of your complaint;
• the name of the member of staff concerned, if known;
• any documents that support your complaint.

In most cases, a complaint must be submitted within one year of the event taking place.

Contact

Email: klachten-szw@rijksdienstcn.com

Postal address

SZW unit RCN

• Saba: Cap. Matthew Levenstone Street n/n, The Bottom
• St. Eustatius: Mazinga Square n/n
• Bonaire: Centrumgebied Kralendijk n/n

Upon receipt, we will send you a confirmation of receipt.

We investigate your complaint thoroughly. In this regard, we may invite you to explain your complaint in person. The member of staff concerned will also be given the opportunity to respond to the complaint.

In most cases, you will receive a written reaction within six weeks. If more time is required, we may extend this deadline once by up to four weeks. We will inform you of this in good time.

In our reaction, we explain:

• what we investigated;
• the facts we established;
• our opinion on your complaint;
• what measures, if any, we will take.

Are you dissatisfied with the way in which the SZW unit of RCN handled your complaint? In that case, you can submit your complaint to the National Ombudsman.

Further information is available at www.nationaleombudsman.nl.