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Sint Maarten is a Caribbean island that is part of the Kingdom of the Netherlands. It comprises the southern 40 percent of the split island of Saint Martin, with a population of 41,486 as of January 2019 on an area of 41.44 km2 (16.00 sq mi), whereas the northern 60 percent of the island is the French overseas collectivity of Saint Martin. Philipsburg is the capital of Sint Maarten. The Dutch Caribbean refers to Sint Maarten and the other Dutch Caribbean islands as a group.
Sint Maarten was known as the Island Territory of Sint Maarten before to October 10, 2010, and was one of six island territories (eilandgebieden) that comprised the Netherlands Antilles. Sint Maarten is an overseas nation and territory (OCT) and is not a member of the European Union.
The island was battered by Category 5 Hurricane Irma on September 6 and 7, 2017, causing widespread and major damage to structures and infrastructure.
Employers submit a verified request to the Labour Affairs Agency. There are special forms available for this purpose, which can be requested from this department.
The employee is then summoned to appear before the department's civil servants. Following that, if necessary, the employer may be summoned to remark on the defense. This step of hearing both parties is conducted in writing to the extent practicable.
Simultaneously, the two sides engage in mediation. The civil servant assigned to the investigation documents his findings and conclusions in a report. This information is forwarded to the dismissal commission. This commission, which is composed of at least two employer representatives, two employee representatives, and an impartial chairperson, meets on a weekly basis to advise the Secretary General of the Ministry of Labour Affairs on petitions for authorisation to fire employees. The Secretary General has the authority to grant or deny dismissal authorisation. Employers and employees will be notified in writing of the decision.
The employee may be given notice of termination of the labor agreement as soon as the Secretary General of the Ministry of Labour Affairs grants his authorization.
The notice period that the employer must observe is determined by the length of the employee's employment and is as follows: one month if employment lasted less than five years; two months if employment lasted five years or longer but less than ten years; three months if employment lasted ten years or longer but less than fifteen years; and four months if employment lasted fifteen years or longer.
The probationary period has a maximum of two months and has to be agreed upon in writing between the employer and the employee.
There are no provisions in the Sint Maarten labor laws mentioning anything about severance payments.
Employees in St Maarten are entitled to at least a wage that is based on the current hourly minimum wage which, as per 1 January 2019, is ANG 8.83 (approximately USD 4.9) per hour for employees who are 21 years or older.
Mandatory benefits postulated by law include a probationary period, pay on annual leaves, public holidays, sick leaves, maternity leave, paternity leave, and overtime pay. Statutory benefits also include social security benefits.
There is currently no information regarding taxation in Sint Maarten.
There is currently no information regarding taxation in Sint Maarten.
There is currently no information regarding taxation in Sint Maarten.
Before you go for Sint Marteen, there are a few things you should be aware of in order to avoid surprises along the route. Because we're talking about two distinct nations, each region of the island has its own distinct characteristics.
The first thing you should be concerned about is the visa requirements. In the instance of Sint Marteen, you should look into the Kingdom of the Netherlands' Caribbean visa policy. Because the policy is not stringent, you are unlikely to require a visa to visit Sint Marteen. This is due to the policy's inclusion of a list of visa-exempt nations, whose people may enter and remain in Sint Marteen for up to 90 days without a visa. The same nations are permitted entry into Aruba, Curacao, and the Caribbean Netherlands. If your place of origin is not on the list of visa waiver nations, you may apply for a visa at the closest Dutch embassy. The procedure is not as difficult as you believe, and you just have to wait a few days for the paperwork to come.
In terms of the visa, two points need to be addressed. The Netherlands is a member of the Schengen Area Agreement, but Sint Marteen is not, hence a Schengen visa cannot be used to enter Sint Marteen. The second point to note is that a visa that allows you to enter Sint Marteen will not allow you to enter the European Netherlands. You should never mix the two.
In Sint Maarten, employment contracts must be drafted and presented in the local language. They might be indefinite or for a set period of time no greater than three years. The following are the important clauses of the employment contract:
If the contract is for a certain period of time, the term
The work environment
Salary information
Working hours and overtime policies
The notice period for termination
The employee's responsibilities
Whether or whether a collective labor agreement is applicable
The employment contract may include a trial period that is no longer than one month if the contract length is two years or less, or two months if the contract term is more than two years.
There is no set length for assignments. This is usually indicated in the employment contract for fixed-term employments.
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