~ SER to give its advice ~
PHILIPSBURG--Members of Parliament (MPs) are on the same page about the need to eliminate the improper use of the six-month labour contract. However, some would prefer additional consultation with social partners to ensure that all opinions are taken into consideration.
The debate on the draft initiative law as presented by the National Alliance (NA) began and concluded in a Central Committee meeting of Parliament on Thursday. The next step is to receive advice from the Social Economic Council SER on the draft.
That advice, once received, will be handled when Parliament returns from recess in early August, according to President of Parliament Gracita Arrindell. Following that discussion, the law should be tabled in a plenary session of Parliament for approval and implementation. The law will classify certain categories of jobs as permanent or semi-permanent.
Justice Minister Roland Duncan and Labour and Social Affairs Minister Cornelius de Weever gave their opinions on the draft law during the meeting. Duncan said that along with trying to close the loopholes of the labour contract, other aspects that impact the labour market must be addressed. Establishing best business practices must be tackled, he said.
De Weever said, "A new vision is needed to meet the political and social concerns that have brought this subject to the forefront." He believes that due diligence should be exercised.
A comprehensive approach to the labour market has been drafted with the Labour Ministry focusing on social dialogue, regulating the functioning of employment agencies, termination of employment and regulation of workers' rights in the event of a transfer of business operation (e.g., the Pelican Resort case).
De Weever said the Department of Labour had been asked to advise on action to be considered for the short-term labour contracts to arrive at a permanent solution. The advice has been received and offers "a good coherent picture of the importance and use of the short-term labour contracts, also solutions to the issue of abuse."
He also emphasised that the "role and significance of the [labour] mediator and the legal possibilities for strengthening the position of the employee through the instrument of CLA [collective labour agreement, ed.] deserve further attention."
Speaking about the draft law, MP Louie Laveist (NA), one of the initiators, said NA had sat with several social partners to gather insight. He called the short-term contract "a necessary evil" due to the high and low tourist seasons.
However, he pointed out that while jobs in the construction industry might be short-term ones, that of a cashier in a grocery store was not. "The vicious cycle" of short employment in the supermarket sector and in casinos must be broken he said.
"Hundreds of casino workers have fallen victim to short-term labour contracts," Laveist said, adding that this was especially hard for single mothers who could not plan for a proper future.
Democratic Party (DP) MP Roy Marlin said laws must be effective to curb the situation for which they were put in place and must not have side effects like the stifling of business. He said he believed the debate of this draft law must go hand-in-hand with one on the revamping of the labour dismissal law. He also pointed out that there were good and bad employers in the community.
MP Silvia Meyers-Olivacce (UP) also concurred with the need to address the dismissal contract.
Marlin asked whether government had looked at Aruba's approach to the short-term contracts. De Weever said it was under review. Marlin was also concerned about the possible shift from the short-term contract to unregulated employment agencies.
United People's (UP) party MP Johan "Janchi" Leonard said there needed to be a balance of local and foreign labour. He also called for the ratio of men to women hired in certain businesses such as casinos to be regulated. De Weever said his ministry was busy adjusting a law pending since the days of the former Netherlands Antilles to suit the local situation.
MP Rodolphe Samuel (NA), speaking in his first Parliament meeting, said the short-term labour contract affected lives. The challenge, he noted, is how and when to apply the short-term contract. The effect of the law on employees and employers must be studied.
MP Hyacinth Richardson (NA) said, "We owe this to the people" to deal with the short-term labour contract. He added his hope that the draft law would receive support from all MPs when it came to a vote.
MP Jules James (UP) said his party supported the law, but would rather it was tackled in "a more comprehensive fashion." He said this was not an attempt to "stonewall" the process. "The initiative is a good thing, but we'll have to do it in responsible way."
Laveist countered that he didn't want another round of meetings on this law.
Independent MP Romain Laville said the short-term contract must be addressed especially in the hotel sector where there has been a drastic shift to more timeshare – an all-year-round business. He also said the responsibility for the working environment went both ways, with employees giving "an honest day's work for an honest day's pay."
Laville also brought forward the question of doctors who gave days off to workers knowing they were not really sick. That puts a burden on the medical and social systems as well as the business operation. He suggested the adoption of an employer/employee pension plan, for the Labour Office to become more effective in finding jobs and government giving tax breaks to businesses that have permanent employees.
Laville said he had wanted to present a motion based on an existing law in Europe about the transfer of business and workers' rights during the budget 2012 debate, but had not had support from UP, his former party.
Also dealt with on Thursday was approval for MPs Louie Laveist (NA) and Dr. Ruth Douglass (UP) to represent Parliament at the upcoming Curaçao Flag and Hymn Day.
An invitation for the President of Parliament and the Justice Minister to visit the offices of the International Police Interpol also was approved.
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