The Minister of Public Health,
Social Development and Labor, Omar Ottley hereby informs the public that the
legal framework established in the National Ordinance on foreign labor and the
National Decree constituting general measures on foreign labor remains in full
For applications concerning
projects, the legal framework must be considered and applied in its entire
context, whereby there is an obligation for the employer pursuant to Articles 5
and 9 of the National Ordinance and Article 3 of the National Decree, to first
recruit on the local labor market before hiring foreign workers. The employer must submit proof of sufficient efforts
to do so on the basis of Article 3 of the National Decree.
Article 2; prohibits employers from
employing foreign workers without a work permit. The concept of employment
should be interpreted broadly. This applies to labor on the basis of an
employment contract and for services that are based on consultancy services or
labor deriving from an agreement to provide services.
Exceptions to this prohibition are
included in article 3 of the National Ordinance on foreign labor and Article 5
of the National Decree constituting general measures on foreign labor.
Work permits must be issued for
labor deriving from projects, if this work is carried out by migrant workers.
The issuing of work permits can be conditioned based on article 6 of the
National Ordinance on foreign labor.
The Division of Labor
Affairs & Social Services together with the National Employment Service
Center (NESC) will:
1. Facilitate the
recruitment process, to ensure persons on the local labor market receive the
first opportunity for employment.
2. Facilitate and coordinate Job
Fairs which will be in alignment with the phases of the project, in keeping
with the NESC work procedures.
3. Provide the vacancies and job
requirements per position, per phase of the development, with usage of the
official job portal platform.
4. Provide guidance on matters
related to the project and in the interest of the Country, pertaining to
employment of locals on the labor market, and in close collaboration with the
Ministry of Education ( Study Finance)
5. Provide the database reports,
taking the relevant privacy legislation into consideration, on possible
suitable candidates (job seekers) for the review of the Developer.
6. Work in liaison with all local
institutions that provide a recognized vocational curriculum amongst others the
National Institute for Professional Advancement (NIPA), to source suitable
training for job seekers aiming on employment opportunities.
7. Facilitate the possible funding
of training courses at locally recognized institutions which provide
certification programs for job seekers on local labor markets.
8. Work collaboratively with the
Ministry of Justice to facilitate a ‘one stop shop’
the critical permits.
9. Inform the Ministry
of Justice about the issued work permits and the conditions set, by way of a
10. Promote and facilitate via the Scope of
Services Agreement, the usage of local heavy construction equipment and the
labor for the operation of the equipment, provided that the availability and
quality make it commercially reasonable to do so, and the cost locally does not
exceed a margin of 10 to 15% of the cost of comparable heavy construction
equipment in accordance with prices relevant to the current market.
11. Promote and facilitate via the Scope of
Services Agreement that the import of heavy construction equipment is only
allowed when the local availability of same is depleted or the local supply
does not satisfy the demand.