Dear Editor,
It is important to give the public a refresher as to why the process to amend Book 7A of the Civil Code.
The intention behind amending Book 7A of the Civil Code is to protect the employees or workers. To do so we have determined to establish rules to limit and/or eliminate the abuse of the short-term contract for functions that have a long-term or permanent nature or character.
In order to establish the needed measures against such (the abuse of the short-term contract), Book 7A of the labour law of the Civil Code of St. Maarten has to be amended.
It goes on to mention the different articles, for example, after article 1615fa a new article 1615fb will be submitted by seven members which states: a labour contract of a temporary nature will be done in written form.
It is prohibited to sign a temporary labour contract with an employee or worker when the labour is of a permanent nature.
The consistent use of labour contracts of a temporary nature without the employer having a good reason for doing so and whereby the employee is deprived from his or her legal and dismissal protection is in conflict with or against the law.
The labour contract that is in conflict with the law as mentioned in the aforementioned will be considered to be of a permanent nature.
Every condition in the labour agreement, be it written or oral that is in conflict with the aforementioned is legally annulled.
As to what was determined in the aforementioned articles, only by a collective labour agreement can deviation be made in the benefit of the employee.
The labour contract in accordance of that which was stipulated in article 1615fa that was extended for more than three consecutive times every time taking into consideration interims of more than 3 months will be considered permanent from the date this national ordinance goes into force.
Article II
By national resolution containing general measures further rules shall be established for the execution of this ordinance as well as the supervision of its compliance and enforcement of the stipulations of this ordinance by or on behalf of the Minister of Labour and Social Affairs.
Article III
Violation of the stipulation in article I would be considered a crime and punished with imprisonment of at least 8 months or a fine of at least 10,000 guilders per violation.
Article IV
The Minister of Labour and Social Affairs sends after the establishment of this national ordinance a report of its functioning and application.
Article V
This national ordinance can be cited as national ordinance eliminating the abuse of the short-term labour contract and comes into force or effect six weeks after the first day it appears in the Landscourant of St. Maarten in which its notification takes place.”
I have freely translated the above mentioned in an attempt to give the English-speaking population an idea as to what is taking place.
I will continue to update the people of St. Maarten on its progress. Many other changes are also proposed that deal with pregnancy leave, medical coverage for sole proprietors, pension and so on.
George Pantophlet,
Member of Parliament
