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Letter from the official Dutch employment agency, 17 August 2004



The following is my translation of a letter that my employer received from CWI, the Dutch employment agency, in response to a letter that my employer had sent them concerning their intention to decline my application for a work permit.



Nijmegen, The Netherlands

To CWI, 22 August

Dear Ms. de Jong,

Thank you for your speedy reaction....

In your response [13 August 2004] to my [04 August 2004] intentions to refuse work permit, you wrote that the complexity of the job in question would require even a schooled baker to spend months learning to properly bake sourdough bread. For this reason you seek a baker with experience in this specific function. You have provided evidence of your attempts to recruit somebody, none of which have led you to another qualified candidate.

According to article 10, a work permit may be given provisionally. This means that the permit is given with conditions, and that the employer must agree to these conditions in writing, before the work permit may be issued.

In the attached advertisement, the text says that a candidate without experience in organic sourdough baking need not apply. From the employer it is [more expected] to make the greatest effort to make use of a [partially-] qualified candidate, via on-the-job training in the specified function. It would appear that an educated baker could be made ready to do this job in a number of months.

On grounds of the above, I'm prepared to allow a work permit, as per article 10, for a the period of a half-year.

In the present case, the following requirements apply:

"The employer accepts the starting-point of the legislator in accordance with alien-labor law that employers make their own full effort serving to commit to fill their vacancies with non-permit-requiring (priority-enjoying) applicants from countries of the European Union.

"The employer during the time of this permit performs an active and real search effort. The search shall be directed at replacing the foreign worker with a worker who does not require a permit, from among the applicants after the termination of the work permit. These search efforts must be conducted based upon the actual state of the labor market, consisting of the placing of advertisements in which are reported the name of the function, description of the function, demands of the function, and labor conditions in appropriate-for-the-purpose (regional and national) day- and trade- and/or weekly- newspapers, websites external to CWI, and the use of intermediaries to the labor market such as temporary agencies and jobsearch- and selection-bureaus. The job search is intended to find [an applicant from the E.U.]

"The employer makes an effort through school or training programs to bring job-seekers up to the task."

If an extension of the permit is requested, it shall be tested how far during the specified time these requirements have been fulfilled.

Please answer as speedily as possible, but in any case within 10 working days after the posting of this letter. I must be informed in writing from you whether you are in accord with the proposal here formulated. If you don't make an answer to the proposal, you must understand that the work permit may be[come] revoked.

For any questions or an explanation you may call the above telephone number on workdays from 9:00-16:00.

Sincerely,

Mw. de Jong,
C.W.I. etc.


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