Labor Inspectorate

The Labor Inspectorate checks whether employers and employees are keeping to the legal regulations concerning social affairs and employment. Inspections are carried out to promote compliance and the rules are enforced under administrative and criminal law. The Labor Inspectorate also provides information to employers and employees. The Labor Inspectorate is a division of the RCN Unit of Social Affairs and Employment (SZW).

Below you find some important sectors within the Caribbean Netherlands. Follow the links to read more about your rights and obligations as an employer or employee in this sector. Also in sectors not illuminated here employers are responsible for healthy, safe and fair work conditions. The Labor Inspectorate supervises this.

Types of enforcement

The Labor Inspectorate enforces the laws in the area of employment and social services that are implemented by the SZW unit. This concerns laws governing safety at work, work and break times, employment of foreign nationals, loss of income laws, minimum wage and dismissal. To promote compliance with the legal regulations, the Labor Inspectorate provides information, carries out inspections and is able to legally enforce compliance.

Information

The Labor Inspectorate informs employers and employees about current laws and regulations. This takes the form of meetings and information brochures, for example. Information brochures are available in Dutch, Papiamento, English and Spanish.

Inspections

The Labor Inspectorate is empowered to carry out company inspections without prior notice. The employer and the employee are obliged to cooperate with these inspections.

Sometimes inspections are conducted in response to an accident or a complaint. But they are also carried out in the context of inspection projects. In these projects, companies within a given sector are inspected to chart trends and problems within a sector.

Law enforcement instruments

The Labor Inspectorate is empowered to impose administrative fines and conduct criminal investigations. This means that the Labor Inspector acts as a special investigating officer of the police and can draw up charges and submit them to the Public Prosecution Service. Click here for an explanation of the various instruments that the Labor Inspectorate  can use to enforce compliance with the law. 

Reporting industrial accidents

In some cases you must report accidents at work to the Labor Inspectorate. Click here for more information.

For the official laws and regulations governing labour, see the BES Employment Act , the BES Foreign Nations (Employment) Act, the BES Minimum Wage Act and the BES Occupational Health and Safety Act

Laws and regulations

The inspectors of the Labor Inspectorate are designated by the Minister of Social Affairs and Employment as regulatory officials for the BES SZW legislation. Click here for all the laws and regulations that the Health and Safety Inspectorate oversees.