Employment Policy Convention, 1964 (No. 122) - Sint Maarten

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Sint Maarten

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Articles 1 and 2 of the Convention. Implementation of an active employment policy. Youth employment. The Committee notes the Government’s indication that the gross domestic product decreased by 11.4 per cent between 2017 and 2018, following the aftermath of hurricane Irma, which devastated the island. The Government reports that many of the key economic sectors of the island were affected, such as tourism, the wholesale and retail sector, and the utility and transport sectors. The Government reports that, according to the Labour Force Survey (LFS) of the Department of Statistics, there was an overall increase in participation and unemployment rates between 2017 and 2018, with a notable decrease in the number of employed and economically inactive persons. The Government indicates that this downturn suggests that more people were seeking employment, but were unsuccessful due to the economic crisis post-hurricane Irma. It adds that the participation rate increased from 55.1 per cent to 57 per cent and the unemployment rate increased from 6.2 per cent to 9.9 per cent during this period. With regard to youth employment trends, the Government reports that, during the same period, the number of persons employed (15 to 24 years of age) increased from 1,563 (791 men and 772 women) to 1,944 (1,090 men and 854 women), while the number of those unemployed decreased from 489 (188 men and 301 women) to 423 (246 men and 177 women). The youth labour force increased from 2,052 persons (979 men and 1,073 women) to 2,367 persons (1,336 men and 1,031 women). The Government also indicates that a School-to-work-transition survey was carried out on an annual basis for a period of five years, with the objective of designing policies to promote youth employment based on identified trends. It adds that the LFS is carried out annually to inform the development of labour market policies. The Committee nevertheless notes that the Government does not provide information on the nature or the impact of the programmes implemented to tackle youth unemployment and improve the situation of young persons in the labour market. Nor does the Government provide information on consultations held with the social partners in relation to the development and implementation of a youth employment policy. Finally, the Committee notes from the Government’s website that, on 8 November 2022, Sint Maarten’s National Development Vision (NDV) 2020–30 was launched. The Committee notes that the NDV was developed through an all-inclusive participatory approach, which included all ministries, the private sector, civil society organizations and the public. The stated objective of the NDV is to transform Sint Maarten into a compassionate, strong and decisive country that will be economically resilient, capable of sustaining its own development and providing an enhanced quality of life and well-being for generations to come. The Committee requests the Government to provide detailed updated information, including statistical data disaggregated by sex and age, on the nature and scope of the specific programmes and measures taken or envisaged to ensure the implementation of an active employment policy, including those undertaken in the framework of the Sint Maarten National Development Vision (NDV) 2020–30. It also requests the Government to provide updated information, disaggregated by age and sex, on the labour market trends, particularly regarding the active population, employment, unemployment and underemployment rates. In addition, the Committee reiterates its request that the Government provide information, including statistical data disaggregated by sex and age, on the nature, scope and impact of the programmes implemented to promote youth employment as well as on the consultations held with the social partners in this regard.

Article 3. Consultations with the social partners. The Committee notes the Government’s indication that tripartite consultations are held within the Labour Tripartite Committee (TPC) on economic and labour matters. The Government reports that, in 2016, the TCP developed a consensus document on a range of labour topics, such as youth unemployment, the use of short-term contracts, labour dismissals, the introduction of an unemployment benefit system, and flexibility and security in the labour market. The Committee requests the Government to provide concrete examples of the manner in which the views of the social partners are taken into account in the development, implementation, monitoring and review of employment policies and programmes. It also requests the Government to continue to provide detailed updated information on all activities and consultations held within the Labour Tripartite Committee on the matters covered by the Convention.

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

Articles 1 and 2 of the Convention. Implementation of an active employment policy. Youth employment. The Committee notes the Government’s indication that the gross domestic product decreased by 11.4 per cent between 2017 and 2018, following the aftermath of hurricane Irma, which devastated the island. The Government reports that many of the key economic sectors of the island were affected, such as tourism, the wholesale and retail sector, and the utility and transport sectors. The Government reports that, according to the Labour Force Survey (LFS) of the Department of Statistics, there was an overall increase in participation and unemployment rates between 2017 and 2018, with a notable decrease in the number of employed and economically inactive persons. The Government indicates that this downturn suggests that more people were seeking employment, but were unsuccessful due to the economic crisis post-hurricane Irma. It adds that the participation rate increased from 55.1 per cent to 57 per cent and the unemployment rate increased from 6.2 per cent to 9.9 per cent during this period. With regard to youth employment trends, the Government reports that, during the same period, the number of persons employed (15 to 24 years of age) increased from 1,563 (791 men and 772 women) to 1,944 (1090 men and 854 women), while the number of those unemployed decreased from 489 (188 men and 301 women) to 423 (246 men and 177 women). The youth labour force increased from 2,052 persons (979 men and 1073 women) to 2,367 persons (1,336 men and 1,031 women). The Government also indicates that a School-to-work-transition survey was carried out on an annual basis for a period of five years, with the objective of designing policies to promote youth employment based on identified trends. It adds that the LFS is carried out annually to inform the development of labour market policies. The Committee nevertheless notes that the Government does not provide information on the nature or the impact of the programmes implemented to tackle youth unemployment and improve the situation of young persons in the labour market. Nor does the Government provide information on consultations held with the social partners in relation to the development and implementation of a youth employment policy. Finally, the Committee notes from the Government’s website that, on 8 November 2022, Sint Maarten’s National Development Vision (NDV) 2020-2030 was launched. The Committee notes that the NDV was developed through an all-inclusive participatory approach, which included all ministries, the private sector, civil society organizations and the public. The stated objective of the NDV is to transform Sint Maarten into a compassionate, strong and decisive country that will be economically resilient, capable of sustaining its own development and providing an enhanced quality of life and well-being for generations to come. The Committee requests the Government to provide detailed updated information, including statistical data disaggregated by sex and age, on the nature and scope of the specific programmes and measures taken or envisaged to ensure the implementation of an active employment policy, including those undertaken in the framework of the Sint Maarten National Development Vision (NDV) 2020-2030. It also requests the Government to provide updated information, disaggregated by age and sex, on the labour market trends, particularly regarding the active population, employment, unemployment and underemployment rates. In addition, the Committee reiterates its request that the Government provide information, including statistical data disaggregated by sex and age, on the nature, scope and impact of the programmes implemented to promote youth employment as well as on the consultations held with the social partners in this regard.

Article 3. Consultations with the social partners. The Committee notes the Government’s indication that tripartite consultations are held within the Labour Tripartite Committee (TPC) on economic and labour matters. The Government reports that, in 2016, the TCP developed a consensus document on a range of labour topics, such as youth unemployment, the use of short-term contracts, labour dismissals, the introduction of an unemployment benefit system, and flexibility and security in the labour market. The Committee requests the Government to provide concrete examples of the manner in which the views of the social partners are taken into account in the development, implementation, monitoring and review of employment policies and programmes. It also requests the Government to continue to provide detailed updated information on all activities and consultations held within the Labour Tripartite Committee on the matters covered by the Convention.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 2 of the Convention. Implementation of an active employment policy. Youth employment. In its previous comments, the Committee invited the Government to provide information on the progress achieved in pursuing an active employment policy. The Government indicates in its report that the Department of Labour is responsible for the formulation and implementation of active labour market policies and laws and regulations that affect the local labour market, including measures in the area of employment services, labour market information, training and subsidized work targeting the unemployed and underemployed. Young persons aged 15 to 24 remain the group with the highest rates of unemployment, reaching 27.7 per cent in 2011 and 25.9 per cent in 2013. The Committee notes that young males aged 15 to 24 have higher rates of unemployment (28.2 per cent in 2013) than their female counterparts (23.5 per cent in the same year). In reply to the Committee’s previous comments, the Government indicates that it has launched a programme aimed at reducing youth unemployment, which includes: an assessment of the skills available on the labour market and the specific interests of young people; an assessment of the skills needed in the labour market (carried out in close collaboration with employers); provision of technical and life skills; and provision of on-the-job training opportunities as well as job placement services. The Government is undertaking to cover all labour costs of the participants (wages equal to the minimum wage, the employer’s contribution to social premiums and cessantia payments), thereby providing a financial incentive for employers to participate in the programme. The Committee further notes that a School-to-Work Survey was completed in 2014 with the objective of collecting key information required to develop a youth employment policy and advocate for youth training and skills-building programmes. The Committee requests the Government to provide information on the impact of the programmes and measures adopted to ensure the implementation of an active employment policy, as required by the Convention, including, to the extent possible, statistical information disaggregated by age and sex. It also requests the Government to provide information on the impact of the programmes implemented to tackle youth unemployment and improve the situation of young persons in the labour market. The Committee further requests the Government to communicate information on the consultations held with the social partners in relation to the development and implementation of a youth employment policy.

Article 3. Consultations with the social partners. The Government indicates that efforts are being made to hold effective tripartite consultations within the national Tripartite Committee. In this regard, the social partners presented a document on an integrated approach to labour in Sint Maarten which set out specific goals aimed at improving the position of the Government, employers and workers, including: limitations on the use of short-term contracts; a reversal of the trend to outsource labour; easier access to bank loans; better placement opportunities for residents and citizens of Sint Maarten; better educated people to meet labour market needs; and a school system compatible with the labour market. The Government also indicates that discussions with the social partners have focused on labour law reforms which will provide a holistic plan of action regarding necessary measures for the labour market. The Committee requests the Government to continue to provide information on the consultations held with the representatives of employers’ and workers’ organizations concerning the formulation and implementation of an active employment policy. It also requests the Government to provide information on all activities and consultations held within the Tripartite Committee on the matters covered by the Convention.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 2 of the Convention. Implementation of an active employment policy. Youth employment. In its previous comments, the Committee invited the Government to provide information on the progress achieved in pursuing an active employment policy. The Government indicates in its report that the Department of Labour is responsible for the formulation and implementation of active labour market policies and laws and regulations that affect the local labour market, including measures in the area of employment services, labour market information, training and subsidized work targeting the unemployed and underemployed. Young persons aged 15 to 24 remain the group with the highest rates of unemployment, reaching 27.7 per cent in 2011 and 25.9 per cent in 2013. The Committee notes that young males aged 15 to 24 have higher rates of unemployment (28.2 per cent in 2013) than their female counterparts (23.5 per cent in the same year). In reply to the Committee’s previous comments, the Government indicates that it has launched a programme aimed at reducing youth unemployment, which includes: an assessment of the skills available on the labour market and the specific interests of young people; an assessment of the skills needed in the labour market (carried out in close collaboration with employers); provision of technical and life skills; and provision of on-the-job training opportunities as well as job placement services. The Government is undertaking to cover all labour costs of the participants (wages equal to the minimum wage, the employer’s contribution to social premiums and cessantia payments), thereby providing a financial incentive for employers to participate in the programme. The Committee further notes that a School-to-Work Survey was completed in 2014 with the objective of collecting key information required to develop a youth employment policy and advocate for youth training and skills-building programmes. The Committee requests the Government to provide information on the impact of the programmes and measures adopted to ensure the implementation of an active employment policy, as required by the Convention, including, to the extent possible, statistical information disaggregated by age and sex. It also requests the Government to provide information on the impact of the programmes implemented to tackle youth unemployment and improve the situation of young persons in the labour market. The Committee further requests the Government to communicate information on the consultations held with the social partners in relation to the development and implementation of a youth employment policy.

Article 3. Consultations with the social partners. The Government indicates that efforts are being made to hold effective tripartite consultations within the national Tripartite Committee. In this regard, the social partners presented a document on an integrated approach to labour in Sint Maarten which set out specific goals aimed at improving the position of the Government, employers and workers, including: limitations on the use of short-term contracts; a reversal of the trend to outsource labour; easier access to bank loans; better placement opportunities for residents and citizens of Sint Maarten; better educated people to meet labour market needs; and a school system compatible with the labour market. The Government also indicates that discussions with the social partners have focused on labour law reforms which will provide a holistic plan of action regarding necessary measures for the labour market. The Committee requests the Government to continue to provide information on the consultations held with the representatives of employers’ and workers’ organizations concerning the formulation and implementation of an active employment policy. It also requests the Government to provide information on all activities and consultations held within the Tripartite Committee on the matters covered by the Convention.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1 and 2 of the Convention. Implementation of an active employment policy. Youth employment. In its previous comments, the Committee invited the Government to provide information on the progress achieved in pursuing an active employment policy. The Government indicates in its report that the Department of Labour is responsible for the formulation and implementation of active labour market policies and laws and regulations that affect the local labour market, including measures in the area of employment services, labour market information, training and subsidized work targeting the unemployed and underemployed. Young persons aged 15 to 24 remain the group with the highest rates of unemployment, reaching 27.7 per cent in 2011 and 25.9 per cent in 2013. The Committee notes that young males aged 15 to 24 have higher rates of unemployment (28.2 per cent in 2013) than their female counterparts (23.5 per cent in the same year). In reply to the Committee’s previous comments, the Government indicates that it has launched a programme aimed at reducing youth unemployment, which includes: an assessment of the skills available on the labour market and the specific interests of young people; an assessment of the skills needed in the labour market (carried out in close collaboration with employers); provision of technical and life skills; and provision of on-the-job training opportunities as well as job placement services. The Government is undertaking to cover all labour costs of the participants (wages equal to the minimum wage, the employer’s contribution to social premiums and cessantia payments), thereby providing a financial incentive for employers to participate in the programme. The Committee further notes that a School-to-Work Survey was completed in 2014 with the objective of collecting key information required to develop a youth employment policy and advocate for youth training and skills-building programmes. The Committee requests the Government to provide information on the impact of the programmes and measures adopted to ensure the implementation of an active employment policy, as required by the Convention, including, to the extent possible, statistical information disaggregated by age and sex. It also requests the Government to provide information on the impact of the programmes implemented to tackle youth unemployment and improve the situation of young persons in the labour market. The Committee further requests the Government to communicate information on the consultations held with the social partners in relation to the development and implementation of a youth employment policy.

Article 3. Consultations with the social partners. The Government indicates that efforts are being made to hold effective tripartite consultations within the national Tripartite Committee. In this regard, the social partners presented a document on an integrated approach to labour in Sint Maarten which set out specific goals aimed at improving the position of the Government, employers and workers, including: limitations on the use of short-term contracts; a reversal of the trend to outsource labour; easier access to bank loans; better placement opportunities for residents and citizens of Sint Maarten; better educated people to meet labour market needs; and a school system compatible with the labour market. The Government also indicates that discussions with the social partners have focused on labour law reforms which will provide a holistic plan of action regarding necessary measures for the labour market. The Committee requests the Government to continue to provide information on the consultations held with the representatives of employers’ and workers’ organizations concerning the formulation and implementation of an active employment policy. It also requests the Government to provide information on all activities and consultations held within the Tripartite Committee on the matters covered by the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Active employment policy. The Committee notes the report submitted by the Government in reply to its 2011 direct request and the description of the economic situation of Sint Maarten. The Government indicates that it is its policy to pursue the development of the labour market of Sint Maarten in which every individual has the opportunity to practise in a freely chosen profession, in a safe, healthy and productive work environment. The Government hopes to achieve that by developing effective and efficient labour policies and legislation, supervising the execution thereof, and promoting accessible social, legal and economic benefits. The Committee also notes that in 2012 the economy grew by approximately 1.5 per cent; that expansion stemmed primarily from growth in the restaurants, hotels, transports, storage and communications sectors. That was basically a spin off from the outstanding performance in the tourism sector for 2012. Real value added in the transport, storage and communication sectors rose due to increased activities in both air and sea transportation. The Government further indicates that the unemployment rate increased from 10.6 to 12.2 per cent between 2007 and 2009, and that the 2012 rate is being estimated at 11.5 per cent. The Committee invites the Government to provide detailed information in its next report on the progress achieved in pursuing an active employment policy as required by Articles 1 and 2 of the Convention.

Youth employment. The Government indicates that in 2009 youth unemployment accounted for 29.4 per cent of the total unemployment, and that it stems from mismatch between labour supply and demand. More specifically, the Government attributes youth unemployment to school drop-outs and inadequate training. The Committee notes the projects and programmes aimed at the continuous training or education of workers, either targeting directly the youth population (aged between 14 and 24) or comprising opportunities for them. The initiatives mentioned in the Government’s report include, on the one hand, secondary vocational education, placement and second chance programmes, and, on the other hand, small business development and entrepreneurship programmes. The Committee invites the Government to include in its next report information on the results achieved by the projects and programmes implemented in terms of ensuring lasting employment for young persons who enter the labour market.

Article 3. Participation of the social partners. The Government indicates that the Foundation for the Promotion of Education is a body governed by a tripartite structure which was officially established with the goal to promote and implement secondary vocational education. In addition, the Committee notes that, during the reporting period under review, a Tripartite Committee chaired by the Minister of Labour was established. The Tripartite Committee has three subcommittees namely; Labour Market Affairs Committee, Legislative Affairs Committee and the International Labour Standards Committee. The Committee invites the Government to indicate in its next report the progress achieved by the Tripartite Committee on the matters covered by the Convention. It reiterates its interest in examining specific information on the consultations held with the representatives of employers’ and workers’ organizations, including details of their contribution to the design and implementation of an active employment policy.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Active labour market measures. In a report received in October 2010, the Government indicates that the Central Bureau of Statistics conducted a labour force survey (LFS) in June 2009. It determined that the employed population in Sint Maarten increased by more than 650 persons in June 2009, as compared to March 2007. This increase of just over 3 per cent is attributed to the increased number of employed women. The number of unemployed persons increased 21 per cent during the same period, as the unemployment rate increased from 10.6 per cent in March 2007 to 12.2 per cent in June 2009. The Committee notes that the youth unemployment rate increased to 29.4 per cent in 2009, as compared to 26 per cent in 2007. The Committee invites the Government to include information in its next report on the measures taken to ensure an active employment policy as required by Articles 1 and 2 of the Convention. It would also welcome specific information on measures adopted to create productive employment opportunities for young persons, and on the consultations held with the representatives of employers’ and workers’ organizations, including details of their contribution to the design and implementation of an active employment policy (Article 3 of the Convention).