From Attorney at Law Suhendra Leon
October 1, 2022, is an important day for labour-law lawyers in Sint Maarten. On this day, the new labour law comes into force. This new law is codified in Title 10 of Book 7 of the Civil Code. For the people who want to look it up, it is AB 2021, 64 on the publication page of Government1.This law is entering into force with immediate effect on October 1, 2022, without noticeable publicity – almost one year after publication. However, some changes are major for employers and employees. In an earlier article from November 2021, I elaborated on some of the changes2.
Besides modernization, the law contains different new articles that aim to offer the employee more protection. According to the explanatory memorandum of the law, the various advisory bodies emphasized providing information to the public regarding the law. The government itself emphasizes the need for information and mentions that the labour department of the Ministry of VSA will organize awareness campaigns. However, the law will enter into force on October 1, 2022, and as far as I have observed, the Ministry has done nothing to inform the subjects of this law, employers and employees, regarding the considerable changes in their rights and obligations.
A new law is insufficient to protect an employee if employees are not aware and sufficiently informed of their rights. Employers cannot implement the necessary changes in their policies if they are not sufficiently informed...
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