Client also responsible for counteracting illegal work

Last week it was  the first timethat the Labour Inspection addressed a private contractor for doing illegal work. This concerns the failure to comply with the “Wet arbeid vreemdelingen BES” (Labour Law foreigner) (WAV BES). At the beginning of 2017, all employers were informed about the Wav BES rules and how the law is being assembled. It was also explained that there is a so-called chain liability. This means that the client is also responsible for compliance with the Wav BES. Regardless of whether you have commissioned an assignment as a private person or company.

In this case the particular client had commissioned a construction company for the construction of a house. The construction company had  used a foreigner that was staying on Bonaire as a tourist. The construction company did not have the required employment license. Both the construction company and the private client have received a warning. In case of repetition , a report will be drawn up on both sides. The foreigner has been sent back  to the country of origin through the intermediary of KPCN and KMAR.

More information about the rules of the compliance of the Wav BES can be found on under Unit SZW. For questions, call the general number of Unit SZW +599 715 8888.

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