By Mike Granger
PHILIPSBURG--Three Members of Parliament (MPs) and the Prime Minister responded over the weekend to The Daily Herald's inquiries regarding what many people in the community, particularly the private sector, call government's hypocrisy when it comes to short-term labour contracts.
The recent public discussion that the Tourist Bureau's former interim director May Ling Chun, or rather her company, was given two consecutive three-month contracts in 2011 prompted several calls to local radio talk shows in recent days and from the private sector to this newspaper, with the question: how does government expect the private sector to stop the practice if it engages in the same practice?
Although Chun's contract was more of a consultancy basis, had a third contract been awarded at the end of June, she would have had to be placed in permanent government service, according to regulations.
That notwithstanding, private sector members argue that the same arguments government uses against them, such as people having no stability and no hope at the banks with short- term contracts, can be applied to persons on contract with government. When a person in government's service asks for a job letter to present to the bank, it is stated that he or she is employed from a particular date until a set date.
"The banks see that as short-term and the person is stuck, just like those in the private sector. It's complete hypocrisy," one hospitality businessman said over the weekend when approached for comment.
"Government is about to debate a law that would seek to amend the civil code and address short-term contracts for us. Will this law be across the board? Meaning, will government also be included? Parliament should address this. It's simply wrong for it to be carrying on like what it is doing is right," the businessman said on condition of anonymity.
Government has been issuing year-contracts for quite some time. However, the government contracts that are signed do not mention of the possibility of a subsequent year-contract. Even if the individual is evaluated properly, these contracts are given anyway. What is mentioned is the government contracts are two-month trial periods. So it is unclear. Based on what law/regulation are people given multiple contracts?
All MPs were approached for comment on the following questions: What is the difference between the private sector offering contracts and government doing the same, sometimes for the same period of time or less? Do you not think this is somewhat hypocritical of government? Does government plan on stopping and/or adapting this practice? Only MPs Frans Richardson, Roy Marlin and Leroy de Weever responded. The Prime Minister and Minister of Labour Cornelius de Weever were also approached.
MP Frans Richardson
Independent MP Frans Richardson said he always had believed that government must lead by example. He said offering people multiple contracts was a practice that should be stopped and/or at least a serious discussion should be held about it. He said it was unappealing to young academics and he could not fathom how a person who works well after one year would be given another year contract.
Moreover, he continued, government's use of employment agencies is the ultimate hypocrisy after chiding entities such as Simpson Bay Resort for doing exactly the same thing. It should be noted that certain departments in government continue to take on workers through established employment agencies, sometimes up to six months.
MP Leroy de Weever
"Personally I have the same problem. I cannot understand for the life of me when government contracts St. Maarten students from abroad that they are confronted with this nonsense of one-year contracts that are rolled over for another year," MP de Weever said.
"Does it take two years for government or the department heads to decide differently? I have pointed this out in the past and personally am not in agreement with this type of practice, neither now or in the past, because seemingly this has been the practice for some time now. Professional St. Maarteners are fed up with this treatment."
MP Roy Marlin
MP Roy Marlin, a former Commissioner of Personnel, said he did not believe in offering multi-year contracts to a civil servant if said civil servant was functioning well. If that civil servant receives a good evaluation after a year in service, he said, then he or she should be put in permanent service.
He said even if someone in permanent service became problematic later in his or her career, this did not prohibit government from ending the relationship with that person. He said the LMA, the law regulating a civil servant's employment status with government, offered avenues government could take if a civil servant did not perform his or her duties, was permanently ill, etc.
"As a former Commissioner of Personnel, I have had cases where the LMA was applied and people were dismissed. So there is nothing to fear in that regard. There have also been more people who have turned out to be great successes compared to those who have not. If someone has a year-contract and is evaluated 'good,' then what is the need for a next year contract?" Marlin asked.
He drew a comparison to individuals who are brought from Holland on three-year contracts to work in St. Maarten. He said he understood that a person probably would not leave Holland for a year, but the application of contracts to local people by comparison could be viewed as discriminatory.
The Prime Minister
Prime Minister Sarah Wescot-Williams said that as an employer government could act as government/public sector and then with respect to employment, the stipulations of the LMA applied.
"The LMA distinguishes two types of public employ: temporary employment (under certain conditions) and permanent employment. Government can also via labour contracts act as an employer in the sense of the civil code and then that code applies; e.g., when do temporary (short-term) contracts become permanent?"
She said Parliament's contention was with the misuse of the short-term contract clause in the civil code.
"The government, recognising this, believes the solution should be found in addressing this. More regulations/permits in an already bureaucratic system are bound to clog the system more. I hope that with Parliament we can arrive at a comprehensive solution. I also believe that the LMA, which is an organic law, should also be adapted to be more in line with modern employment practices. That process has started with performance management in the public sector, etc.," she said.
According to statements they made in a meeting of the Central Committee of Parliament at the end of June, 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 on June 28. 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.
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