Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Employment Service Convention, 1948 (No. 88) - Sint Maarten

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The Committee notes the observations from the Sint Maarten Hospitality & Trade Association (SHTA), received on 30 September 2020, and the Government’s reply thereto, received on 7 October 2020. The Committee also notes the joint observations from the SHTA and the International Organisation of Employers (OIE), received on 1 September 2020, as well as the observations from the Employer Council of Sint Maarten (ECSM), received on 6 September 2022. The Committee requests the Government to provide its comments in this respect.

Articles 1, 4 and 5 of the Convention. Contribution of the employment service to employment promotion. Cooperation with the social partners. The Government reiterates that the Labour Affairs Agency is the national institution responsible for job placement and for implementing labour market policies aimed at ensuring a fair distribution of labour demand and supply. The Government adds that the Department of Labour within the Ministry of Public Health, Social Development and Labour is responsible for drafting policies and legislation impacting employment offices and sets the regulatory framework for their operation. The Committee also notes the detailed information provided by the Government concerning the main tasks of job placement officers in the different steps of the job placement process. The Government indicates that the Labour Affairs Agency has carried out promotional activities highlighting its services, including information campaigns, registration drives, meetings between businesses and employment service staff. In addition, during the reporting period, the Labour Affairs Agency embarked on a re-branding campaign to introduce the new employment services system: the National Employment Service Center (NESC). The NESC intends to engage both jobseekers and business sector partners. Furthermore, the Committee notes the adoption on 7 February 2020 of the Policy on the issuance of labour permits, which aims to create a balanced and transparent system with the prerequisite checks and balances to ensure that employers duly comply with their legal obligation to exercise all efforts to fill their vacancies first and foremost with suitable candidates on Sint Maarten before contracting foreign employment.

The Committee nonetheless notes that, in its observations, the SHTA and the OIE maintain that the current status and functioning of the NESC contravene the provisions of the Convention, given that to date no cooperation nor consultations have taken place with the social partners. The SHTA and the OIE point out that the NESC does not cooperate with other public and private bodies concerned, as required by Article 1(2) of the Convention. They indicate that no advisory committees have been established with employers’ and workers’ representative organizations on the operation of the employment service and the development of the employment service policy, nor have any consultations have been held with the social partners regarding the process of referring workers to available employment, as required by Articles 4 and 5. The SHTA and the OIE also maintain that the new Policy on the issuance of labour permits was adopted unilaterally by the Government, without consulting the social partners. In this context, the Committee recalls that Articles 4 and 5 of the Convention require that suitable arrangements be made through advisory committees for the co-operation of representatives of employers and workers in the organization and operation of the employment service and in the development of employment service policy. The Committee also notes the information provided by the Government as well as by the ECSM, SHTA and the OIE regarding the functioning of the Tripartite Committee (TPC) and the employers’ representation in the Social Economic Council (SER). The Committee requests the Government to continue to provide detailed updated information regarding the manner in which it ensures cooperation and consultation with representatives of employers’ and workers’ organizations in the organization and operation of the National Employment Service Center (NESC), as well as in the development and implementation of employment service policy. While noting that the Government does not provide information on the application in practice of the Convention, the Committee reiterates its request to the Government to provide information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the offices.

Articles 7 and 8. Employment measures targeted to the needs of particular categories of applicants for employment. The Committee notes the information provided by the Government concerning the measures taken to promote employment among young persons. In this respect, the Government indicates that advanced vocational education is offered to students and workers already in the workforce through the National Institute for Professional Advancement (NIPA). It adds that the vocational education programs provided by the NIPA are adapted to the needs of the labour market and the Sint Maarten community. The Government reports that training courses are provided on hospitality, maritime, chef, integrated control technology (ICT), nursing and care giver. The Government also refers to the implementation since 1998 of the Business Outreach Placement Program (BOPP), which places students in jobs in the private and public sectors during the summer school break for a minimum period of three weeks. The goal of the BOPP program is to equip students for the work environment by first providing training sessions and later practical experience by placing them in a job. In addition, the program assists students with their career choices by placing them in vacancies reflecting their field of interest. BOPP targets secondary students in pre-exam and exam classes. The Government reports that, between 2017 and 2019, 2,391 students participated in the programme. The Government indicates that it intends to further expand the programme to cater to a larger group, with the objective of providing valuable experience to participants to promote their long- term employment. The Government adds that an increased participation of the private sector is needed to ensure the success of the program. The Committee also notes the Government’s indication that a working group comprised of representatives of, among other national institutions, the Labour Affairs Agency, the Department of Labour, the Foundation Judicial Institutes St. Maarten (SJIB) and the prison system was commissioned to identify challenges and draw up recommendations for the employment rehabilitation of ex-offenders. The Committee requests the Government to provide updated detailed information, including statistical data, disaggregated by sex and age, on the nature, scope and impact of programmes or other measures taken or envisaged to meet the employment needs of particular categories of jobseekers, including young persons and persons with disabilities, as well as other groups that may encounter difficulties in entering or remaining in the labour market, including but not limited to women, older persons, ex-offenders, long-term unemployed persons and persons vulnerable to intersectional discrimination.

Article 9. Employment service staff. The Committee notes that, in its observations, the SHTA and the OIE claim that the staff of the employment service do not satisfy the independence requirements stipulated in this Article of the Convention. The Committee therefore requests the Government to provide detailed information on staff recruitment and selection methods and on how staff independence and stability of employment are ensured (Article 9(1)). It also requests the Government to provide information on arrangements to ensure that employment service staff are properly trained in the performance of their duties, including both (a) initial training provided at the time of their appointment; and (b) continuing training.

Article 11. Cooperation between the public employment service and private employment agencies. The Committee notes that the Government does not provide information with regard to the application of this Article of the Convention. The Committee therefore reiterates its request that the Government provide information on the arrangements made to secure effective cooperation between the public employment service and private employment agencies operating in Sint Maarten