Due to the demand of labor in the construction industry in Sint Maarten, the Labor Department decided to create a temporary “Incidental Labor Permit”. This is a temporary employment permit for construction workers in the construction field.

The aim is to process employment permit applications faster and less bureaucratic in order to boost reconstruction projects due to the damage caused by Hurricane Irma. However, there are certain requirements that a company must meet in order to apply for the Incidental Labor Permit.

What are the requirements to obtain an Incidental Labor Permit?

  • Project plan that includes the amount of workers, specialty/job function, duration and completion.
  • Valid Business Registration
  • Completed Vacancy (used for date collection only)
  • Application form
  • Copy of labor agreement
  • Copy of tax payments and SZB premise last payments
  • A declaration from the Inspectorate of Taxes that the employer earns annual ANG. 36.000,00 or more.
  • Statement of guarantee housing for the non-national
  • Signed off -island declaration, that the non-national is currently off–island

What are the Employer Responsibilities?

  • The employer is responsible of covering all cost that the government agencies should incur and is legally liable for the non-national. This includes the travel costs for the non-national to be repatriated out of St. Maarten.
  • Payment of Wage taxes and Social Premise.
  • Adhere to the labor and safety regulations on St. Maarten (provide workers with the necessary safety equipment such as hard hat and shoes).
  • Provide adequate housing for the non-national.
  • Inform Labor Affairs agency should a worker leave. The guarantor (the employer) is legally liable for the non-national.

What are the post application requirement?

The return flight itinerary. This requirement must be submitted, when collecting the Incidental Labor Permit.

What are the conditions?

  • 1 time permit, possible 1-time renewal only, based on duration /extension of the project.

Would you like to know more about the Incidental Labor Permit? Contact us today! BrightPath can assist you with the Incidental Labor Permit for your non-national employees. Our first time consultation is free of charge. For more information, we are located at Puerta del Sol Building, Unit #17 in Simpson Bay or call us at +1721 526-2771 | info@brightpath.sx