Information about work permit applications

Best efforts obligation

You are required to actively seek local personnel. You should do this by placing advertisements in at least two different media. (So for example once via the radio and once on Facebook, or once in the newspaper and once via the employment agency, but NOT twice via Facebook, or twice in the same newspaper). You must therefore search broadly. Registering the vacancy with the labour unit of the local public body does not cover your own best efforts obligation. You must publish your advertisements or vacancy texts for a minimum of five weeks and give candidates an adequate response period. 

Exceptions

For some specific activities it is clear in advance that there are no local labourers available. In the professions below therefore, you do not have to actively look for a local candidate.

Bonaire:

1. Vehicle Painter

2. Auto Mechanic

3. Auto Workshop Worker

4. Auto Technician

5. Carpenter

6. Bricklayer

7. Metalworker

8. Refrigeration Technician/Refrigeration Engineer

9. Electrician

10. Electrical Engineer/Electrical Technician

11. Dive Instructor

12. Doctor and medical specialist

13. Graphic Designer

14. Teacher

15. Air traffic controller and related functions

16. (Confectionery) baker

17. Self-employed or specialized cook

18. Hairdresser

Saba:

1. Teacher *

2. Dive instructor and dive master

3. Certified Chefs

4. Physician and academically trained medical personnel

5. Positions where the total annual salary exceeds USD 50,000

PLEASE NOTE: You must also report your vacancy to Plenchi di Trabou (Bonaire) or the labor unit of the Public Entity (Saba) when it concerns the above positions. If they determine that there is a local offer, your application for a work permit can still be refused.

* In order to protect the continuity of education, in consultation with the Public Entity Saba, the profession of teacher on Saba is completely exempted from the work permit obligation. This means that as an employer you no longer need to apply for a work permit for a foreign national who teaches education. A residence permit is still a requirement.

Click on the links for more information about the exceptions on Bonaire and Saba.

Applying for work permits

Have you not succeeded in recruiting any local workers despite your compulsory efforts? In that case you can submit a request for a work permit.

You can download the application form here. You must complete and sign this form and enclose all of the supporting documents given in the checklist. If the application is incomplete, it will not be accepted for processing. You must submit the application form with all supporting documents to the IND-CN office on the island where you wish to submit your application. For the contact details and opening hours of all IND offices, see the contact page of IND-unit CN.

A work permit can only be issued for a foreign national who holds or has applied for a valid residence permit. You as an employer can arrange the application for a residence permit at the same counter. The IND sends the work permit application with the supporting documents to the RCN unit SZW, which assesses it.

Assessment of the application

The work permit application is closely investigated. The assessment covers the following points:

• Is the application form complete, and have all supporting documents been enclosed? If not, we cannot assess your application and it will be set aside. You will receive a decision explaining this.  
• Has your vacancy been registered with the Public Body? What were the Public Body's findings?
• Have you clearly set out what the job entails and what the job requirements are in your vacancy text and your advertisements?
• Is a specific qualification needed to fill the vacancy? If so, is the qualification requirement reasonable in view of the vacancy? 
• Does the candidate need work experience or the ability to speak certain languages to fill the vacancy? If so, are these requirements reasonable in view of the vacancy?
• Is the salary that you are offering at least the minimum wage and on market terms? (This means that the wages must correspond to what is usual for the job and the necessary qualifications).
• Does the nominated foreign employee have the required qualifications?  (E.g. a certificate, work experience and knowledge of languages.)
• Have you drawn up an employment contract setting out the following information: name, address and place of establishment of the employer, the position title, the personal details of the foreign national, the gross monthly wage on offer, the number of hours a week, the contract duration, and the employer's signature?
• Does the stated salary correspond to the salary laid down in the employment contract? 
• Is the employee for whom the work permit has been applied at least 18 years of age and no older than 45 on the date of submitting the first application?
• Are you offering the employee for whom you have applied for the work permit good accommodation?
• Have you previously been granted a work permit? An assessment will also be made of whether you complied with the work permits regulations and restrictions at that time.