The announcement by Minister of Health, Social Development and Labour Richard Panneflek (see related story) proclaiming Monday, December 28, a public holiday is no doubt well-intended. Boxing Day, December 26, falls on Saturday this year, which would have given people working from Monday through Friday one actual day off rather than the usual two over Christmas.
However, as the minister himself had acknowledged at a recent press briefing, Saturday is legally considered a working day and compensation will normally only be given if a holiday falls on Sunday. Instead, the April 30 Carnival Holiday – which was never granted due to COVID-19 measures – is now an extra day off on Monday.
But this decision does raise questions like whether Saturday, December 26, is still officially a holiday, because that has possible labour law implications. Does a company or other entity normally operating both those days need to pay working staff extra twice?
Only Christmas Day is a customary mandatory business closure date so in that sense the additional day off should not have too big an effect on consumers in terms of product availability, but employers are likely to either lose income by closing or be forced to increase personnel expenses to open anyway. Coming in the middle of a pandemic with a severe socioeconomic impact, that is no small matter.
Most private sector entities able to qualify have cut salaries by 20 per cent to get payroll support and in many cases still struggle. Continued wage subsidies are not certain, as negotiations with the Netherlands for more liquidity loans to finance these have been rocky from the start.
Moreover, April 30 not being a holiday was felt less because of the coronavirus-related movement restrictions at that moment. Keep in mind as well that Friday is, of course, New Year’s Day, which leaves three business and office days in the five-day workweek.
Besides, the island is just trying to revive its tourism economy after eight months at a practical standstill and this is when the destination can perhaps finally make a bit of its own money other than much-appreciated Dutch funding received. By contrast, as reported in today’s paper, a decree was issued allowing French-side shops and stores to open Sundays December 20 and 27 to stimulate retail under the current difficult circumstances.
In St. Maarten too during the holiday season merchants obviously look forward to some earnings especially this year and any day skipped amounts to a potential loss of sales. It is simply not the best time for such a seemingly sympathetic gesture and perhaps government should at least consider in turn declaring Boxing Day a regular day as exemption, so at least establishments always open on Saturday are not disadvantaged to an excessive degree.
