The National Ordinance to amend Book 7A of the civil code to eliminate the abuse of the short term contract.

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Member of Parliament George Pantophlet says it is important to give the public a refresher as why the process to amend book 7A of the civil code.

The intention amend Book 7A of 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.

That in order to establish the needed measures against such (the abuse of the short term contract) Book 7A of the labor 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 will 1615fb submitted by seven members which states:

1.                A labor contract of a temporary nature will be done in written form.

2.                It is prohibited to sign a temporary labor contract with an employee or worker when the labor is of a permanent nature.

3.                The consistent use of labor 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.

4.                The labor contract that is in conflict with the law as mentioned in the aforementioned will be considered to be of a permanent nature.

5.                Every condition in the labor agreement be it written or oral that is in conflict with the aforementioned is legally annulled.

6.                As what was determined in the aforementioned articles, only by a collective labor agreement can deviation be made in the benefit of the employee.

7.                The labor contract in accordance of that which was stipulated in article 1615fa that was extended for more than 3 consecutive times every time taking into consideration interims of more than 3 months will be considered a 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 Labor 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 ten thousand guilders per violation.

 

                 Article IV

The Minister of Labor 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 labor contract and comes into force or effective 6 weeks after the first day it appears in the lands courant of St. Maarten in which its notification takes place.

The above mentioned was freely translated by Member of Parliament in attempt to give the English speaking population an idea as to what is taking place.

The member will continue to update the people of St. Maarten its progress. Many other changes are also proposed that deals with pregnancy leave, medical coverage for sole proprietors, pension and so on.

 

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