National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Repetition Articles 1 and 2 of the Convention. Employment trends and active labour market measures. In reply to the Committee’s comments of 2014, the Government refers the Committee to its 2015 annual report on the application of the European Social Charter and the 1988 Additional Protocol for the period 2011–14. The Committee notes that the information provided by the Government in that report provides information concerning the various programmes established with the aim of placing more people in employment. The Let’s Work Programme (Ban Traha), launched in June 2014 after the Reintegration Project of 2007 was not considered to have been successful. The Government indicates that achievement of this objective would not mean the end of the programme, but rather would validate the new approach taken. It adds that the difference between the Let’s Work Programme and the prior programme is the increased personal attention, given that participants receive individualized guidance from an employment intermediary. The programme is implemented through a collaboration between the Labour Department, the Department of Labour Progress and the Department of Social Affairs. Jobseekers participating in the programme were divided into two groups: those 14–24 years of age and those aged 25 or over. Participants underwent thorough interviews to reassess their employability. The Government adds that 1,262 of the participants, of which 57 per cent were women, were deemed to be viable candidates for reintegration into the labour market. Those participants found to be “unfit candidates” were referred for a medical re-examination and placed in either a short term or long term track, depending upon their needs. The Government qualifies the results of the Let’s Work Programme as satisfactory, indicating that 136 persons were placed in employment in the first six months. The Committee notes that the Government also introduced the obligation for social assistance claimants and recipients to apply for jobs regularly and to participate in training courses to improve their employability. Failing to comply with these obligations would result in the rejection of a petition for or withdrawal of social assistance. With regard to employment trends, the Committee notes that, according to the Labour Force Survey (LFS) conducted by the Central Bureau of Statistics (CBS), the employed population aged 15 or over increased from 58.1 per cent in 2011 to 61 per cent in 2013. In addition, while the participation rate rose from 63.8 per cent in 2011 to 66.1 per cent in 2013, the unemployment rate decreased from 8.9 per cent to 7.6 per cent during the same period. The Committee notes that, while the statistical information provided in the 2015 report dates from 2013, the Government indicates that there is no updated statistical information available. The Committee requests the Government to provide updated information on the activities and the number of people placed by the Let’s Work Programme as well as the impact of the new social assistance procedures on the placement of persons in lasting and decent employment, including information on measures taken or envisaged to promote the employment of persons who face particular difficulties in finding lasting employment, such as persons with disabilities and migrant workers. It also requests the Government to indicate the manner in which active labour market measures are kept under review within the framework of an overall coordinated economic and social policy. The Committee reiterates its request that the Government provide up-to-date information, including statistical data disaggregated by economic sector, sex and age, on the current situation and trends regarding the active population, employment, unemployment and underemployment. Education and training policies and programmes. The Committee notes the implementation of the Education for Employment programme (Enseñansa pa Empleo), which provides adult education and training on new trades to jobseekers to improve their employability. It notes the detailed information provided by the Government on the courses and participants in the programme from 2012 to 2014. Furthermore, the Government refers to the implementation of the Social Forming Programme (SPF), which is a 12-month military-based programme for underprivileged young men aged 18–24 who are not in employment, education or training, and are at risk of engaging in criminal behaviour. The SPF is a two-part programme: the first four months are focused on physical training and developing behavioural and teamwork skills, while the last eight months are dedicated to education. Training in languages, mathematics, computer and social skills is provided to the participants with the objective of promoting their access to the labour market. Participants also have free access to the training courses provided under the Education for Employment programme. While enrolled in the programme, they receive a monthly stipend of 700 Aruba Florin (AWG) and are offered internships either at the military base or in private enterprises. The Government indicates that the programme currently accepts two groups of 24 persons per year. The Committee requests the Government to provide updated information on the impact of the Education for Employment programme and the Social Forming Programme as well as on the measures taken or envisaged to coordinate education and training policies with prospective employment opportunities. It also requests the Government to indicate the measures taken or envisaged to provide education and training to underprivileged young women with a view to improving their employability. The Committee further requests the Government to indicate the manner in which the social partners and other stakeholders concerned are consulted with respect to the development of education and vocational training programmes that meet the needs of the labour market. Promotion of women’s employment. The Committee notes that, according to the LFS data in the 2015 report, from 2011 to 2013, women’s participation rate in the labour market increased from 58.8 per cent to 61.6 per cent; and the number of employed women over the aged of 15 rose from 53.4 per cent to 57.1 per cent. During the same period, the unemployment rate among women decreased from 9.2 per cent to 7.4 per cent. The Committee also notes the adoption of measures aimed at making employment more accessible to women with family responsibilities, including the extension of paid pregnancy and maternity leave from eight to 12 weeks and the elimination of discriminatory labour provisions. In addition, a new Labour Ordinance (AB 2013 No. 14) was adopted, which came into effect on 1 April 2013 and abolished section 17 of the Labour Ordinance prohibiting night work for women. The Committee requests the Government to provide information on the measures taken or envisaged to promote women’s participation in the labour market, including those with no family responsibilities and in non-traditionally female occupations. It also requests the Government to provide statistical information on the labour market situation of women and men in the public and private sectors, disaggregated by sex, economic sector and occupation. Article 3. Participation of the social partners in the formulation and implementation of policies. In its previous comments, the Committee requested the Government to implement the consultations required by the Convention and to provide information on progress made towards ensuring full compliance with the Convention. The Government indicates that it will inform the Office of any progress made in this regard. The Committee once again recalls that Article 3 of the Convention calls for the representatives of employers and workers to be consulted concerning the development and implementation of employment policies “with a view to taking fully into account their experience and views and securing their full cooperation in formulating and enlisting support for such policies”. In addition, it draws the Government’s attention to the requirement that representatives of the persons affected also be consulted when formulating and implementing employment policy. The Committee once again requests the Government to implement the consultations required by the Convention and to provide information on progress made towards ensuring full compliance with Article 3 of the Convention. It also requests the Government to provide information on the manner in which representatives of the persons affected are consulted concerning the development, implementation and review of employment policies.
Repetition Article 1 of the Convention. Implementation of an active employment policy. The Committee notes that the Government indicates that the Reintegration Pilot Project launched in 2005 resulted in poor outcomes. The Committee recalls that Article 1 of the Convention states that “each Member shall declare and pursue, as a major goal, an active policy designed to promote full, productive and freely chosen employment”. The Committee refers to its previous comments, and requests the Government of Aruba to provide a report including detailed information on how it keeps “under review, within the framework of a coordinated economic and social policy”, the measures to be adopted for attaining the objectives of full and productive employment specified in the Convention. It also invites the Government to provide further details of its policy for full, productive and freely chosen employment in the terms of the Convention, along the lines of the report form approved by the Governing Body of the ILO. Article 3. Participation of social partners in the formulation and implementation of policies. The Government indicates that the social partners were involved at all levels of consultation for the National Integrated Strategic Plan. The Committee recalls that the representatives of employers and workers must be consulted concerning employment policies “with a view to taking fully into account their experience and views and securing their full cooperation in formulating and enlisting support for such policies”. The Committee asks the Government to implement the consultations required by the Convention and to provide information on progress made towards ensuring full compliance with the Convention.
Repetition Article 1 of the Convention. Implementation of an active employment policy. The Committee recalls that Article 1 of the Convention states that “each Member shall declare and pursue, as a major goal, an active policy designed to promote full, productive and freely chosen employment”. The Committee refers to its previous comments, and requests the Government of Aruba to provide a report including detailed information on how it keeps “under review, within the framework of a coordinated economic and social policy”, the measures to be adopted for attaining the objectives of full and productive employment specified in the Convention. It also invites the Government to provide further details of its policy for full, productive and freely chosen employment in the terms of the Convention, along the lines of the report form approved by the Governing Body of the ILO. Article 3. Participation of social partners in the formulation and implementation of policies. The Government indicates that the social partners were involved at all levels of consultation for the National Integrated Strategic Plan. The Committee recalls that the representatives of employers and workers must be consulted concerning employment policies “with a view to taking fully into account their experience and views and securing their full cooperation in formulating and enlisting support for such policies”. The Committee asks the Government to implement the consultations required by the Convention and to provide information on progress made towards ensuring full compliance with the Convention.
Repetition Article 1 of the Convention. Implementation of an active employment policy. The Committee notes that the Government indicates that the Reintegration Pilot Project launched in 2005 resulted in poor outcomes. The Committee recalls that Article 1 of the Convention states that “each Member shall declare and pursue, as a major goal, an active policy designed to promote full, productive and freely chosen employment”. The Committee refers to its previous comments, and requests the Government of Aruba to provide a report including detailed information on how it keeps “under review, within the framework of a coordinated economic and social policy”, the measures to be adopted for attaining the objectives of full and productive employment specified in the Convention. It also invites the Government to provide further details of its policy for full, productive and freely chosen employment in the terms of the Convention, along the lines of the report form approved by the Governing Body of the ILO.Article 3. Participation of social partners in the formulation and implementation of policies. The Government indicates that the social partners were involved at all levels of consultation for the National Integrated Strategic Plan. The Committee recalls that the representatives of employers and workers must be consulted concerning employment policies “with a view to taking fully into account their experience and views and securing their full cooperation in formulating and enlisting support for such policies”. The Committee asks the Government to implement the consultations required by the Convention and to provide information on progress made towards ensuring full compliance with the Convention.
Article 1 of the Convention. Implementation of an active employment policy. The Committee notes the succinct replies provided by the Government in November 2009 to its previous comments. The Government envisages to provide a detailed report and to indicate how it keeps “under review” the measures to be adopted for attaining the objectives of full and productive employment specified in the Convention. The Committee notes the data provided regarding gender and labour market statistics from 1991 to 2007, including information on employment and unemployment rates. Employment rates among males were consistently more than ten percentage points higher than those for females while the school-going population was greater for females with the exception of one out of the five sets of statistics. In addition, census and labour force survey statistics represent a greater total population and working-age population among females than males. The Committee invites the Government to provide in its next report information on the steps to address this gender gap (Article 1(2) of the Convention). It requests the Government of Aruba to provide a detailed report including information on how it keeps “under review, within the framework of a coordinated economic and social policy”, the measures to be adopted for attaining the objectives of full and productive employment specified in the Convention.
Article 3. Participation of social partners in the formulation and implementation of policies. The Government indicates that the Labour Ordinance Committee (COL) has been reactivated by State Decree on 6 February 2006. The Committee notes that the COL meets four times annually and consists of 11 delegates: four from Employers; four from Workers; and three from Government and indicates plans to include an additional employers’ organization. The Committee notes Government measures to include participation from the entire population in creating “Nos Aruba 2025”, a project to develop a sustainable Aruba for the benefit of their people and stakeholders. It also notes the Government’s interest in increased private sector participation. The Committee recalls that the representatives of employers and workers must be consulted concerning employment policies (Article 3). The Committee asks the Government to provide in its next report further specific information on the participation of social partners in formulating and implementing employment policies.
The Committee notes that the Government’s report has not been received. It must therefore repeat its observation of 2007, which read as follows:
1. Article 1 of the Convention. Implementation of an active employment policy. Further to its previous comments, the Committee notes the information contained in the report provided by the Government of Aruba for the period ending May 2005. The Government of Aruba indicates that changes following the reorganization of the renamed Department of Labour and Research came into effect in June 2004. During the restructuring process, no new policies or programmes have been introduced. However, a pilot project for the reintegration in the labour market of special categories of unemployed workers was completed. The Committee recalls that Article 1 of the Convention states that it “shall declare and pursue, as a major goal, an active policy designed to promote full, productive and freely chosen employment”. It requests the Government of Aruba to provide a detailed report including information on how it keeps “under review, within the framework of a coordinated economic and social policy”, the measures to be adopted for attaining the objectives of full and productive employment specified in the Convention.
2. Article 3. Participation of social partners in the formulation and implementation of policies. The Government of Aruba indicates in its report that no new progress has been made to reactivate the Labour Ordinance Committee (COL) or to further develop the relationships with employers’ or workers’ organizations and that no consultation has taken place with respect to employment policies. The Committee recalls that, under Article 3 of the Convention, the representatives of employers and workers must be consulted concerning employment policies “with a view to taking fully into account their experience and views and securing their full cooperation in formulating and enlisting support for such policies”. It asks the Government of Aruba to implement the consultations required by the Convention and to provide in its next report information on progress made towards ensuring full compliance with the Convention.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2003 direct request, which read as follows:
The Committee notes the report submitted by the Government for the period ending May 2002.
1. Articles 1 and 2 of the Convention. The Government indicates that the Labour Department has recently been restructured to comply with international standards regarding labour issues. It considers that the new organizational structure will enhance its capacity to comply with the provisions of the Convention. The restructured Labour Department has undertaken the development of a job bank and the compilation of labour market data. The Government explains that policies and programmes to promote the employment of women, disabled workers, older workers and young people are contemplated within the revised structure of the Labour Department but their implementation has been delayed due to the need for additional personnel and adequate financial resources. In a separate document, the Government includes employment statistics by age and gender. The Committee notes this information and requests that the Government provide, in its next report, further information on the progress made in this respect including any details on the eventual difficulties encountered in the implementation of the planned programmes and policies. Please also continue to provide information on the situation, level and trends of employment, unemployment and underemployment in Aruba.
2. Article 3. The Committee notes the information concerning the dissolution of the Tripartite Employment Committee and its partial replacement by the Labour Ordinance Committee (COL). The COL, which includes government, worker and employer representatives, is charged with formulating recommendations on the provisions of the labour ordinance and advising the Labour Department on work regulations. The Government, however, notes that the COL has not held meetings since June 2001 due to lack of financial resources. The Committee recalls that, under this provision of the Convention, the representatives of employers and workers must be consulted concerning employment policies "with a view to taking fully into account their experience and views and securing their full cooperation in formulating and enlisting support for such policies". It would be grateful if the Government would develop these relationships and would supply in its next report a copy of texts relating to the duties, composition and operation of the COL. Please indicate the manner in which the representatives of all the persons affected, including representatives of those working in the rural sector and the informal economy, are consulted concerning employment policies as required by this provision of the Convention.
The Committee notes with regret that for the eighth year in succession the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous observation, which read as follows:
The Committee notes that the Tripartite Employment Committee, which was established to deal with the rapid changes in supply and demand on the labour market, held several meetings during the period under review. It requests the Government to continue supplying information on these meetings, their objectives, the opinions expressed and the manner in which they are taken into account. Furthermore, the Committee would be grateful if the Government would supply information on the implementation of the development strategy, particularly within the framework of the implementation of the National Development Plan for 1991 95, with an indication of the manner in which it contributes to the promotion of full employment. The Committee hopes that the Government will make every effort to take the necessary action in the very near future, and urges the Government to seek assistance from the Office, if necessary.
The Committee notes that the Tripartite Employment Committee, which was established to deal with the rapid changes in supply and demand on the labour market, held several meetings during the period under review. It requests the Government to continue supplying information on these meetings, their objectives, the opinions expressed and the manner in which they are taken into account. Furthermore, the Committee would be grateful if the Government would supply information on the implementation of the development strategy, particularly within the framework of the implementation of the National Development Plan for 1991 95, with an indication of the manner in which it contributes to the promotion of full employment.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future, and urges the Government to seek assistance from the Office, if necessary.
The Committee notes with regret that for the seventh year in succession the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes that the Tripartite Employment Committee, which was established to deal with the rapid changes in supply and demand on the labour market, held several meetings during the period under review. It requests the Government to continue supplying information on these meetings, their objectives, the opinions expressed and the manner in which they are taken into account. Furthermore, the Committee would be grateful if the Government would supply information on the implementation of the development strategy, particularly within the framework of the implementation of the National Development Plan for 1991‑95, with an indication of the manner in which it contributes to the promotion of full employment.
The Committee notes with regret that for the sixth year in succession the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes that the Tripartite Employment Committee, which was established to deal with the rapid changes in supply and demand on the labour market, held several meetings during the period under review. It requests the Government to continue supplying information on these meetings, their objectives, the opinions expressed and the manner in which they are taken into account. Furthermore, the Committee would be grateful if the Government would supply information on the implementation of the development strategy, particularly within the framework of the implementation of the National Development Plan for 1991-95, with an indication of the manner in which it contributes to the promotion of full employment.
The Committee notes with regret that for the fifth year in succession the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the additional information supplied by the Government in its report for the period ending June 1992 in reply to its previous request. It notes with interest the growth in the active population and in employment, and the maintenance of the unemployment rate at the very low level of 0.6 per cent in 1991 and 1992, indicating a situation of almost full employment, with shortages of labour in some sectors. The Committee notes that the Tripartite Employment Committee, which was established to deal with the rapid changes in supply and demand on the labour market, held several meetings during the period under review. It requests the Government to continue supplying information on these meetings, their objectives, the opinions expressed and the manner in which they are taken into account. Furthermore, the Committee would be grateful if the Government would supply information on the implementation of the development strategy, particularly within the framework of the implementation of the National Development Plan for 1991-95, with an indication of the manner in which it contributes to the promotion of full employment.
The Committee notes the additional information supplied by the Government in its report for the period ending June 1992 in reply to its previous request. It notes with interest the growth in the active population and in employment, and the maintenance of the unemployment rate at the very low level of 0.6 per cent in 1991 and 1992, indicating a situation of almost full employment, with shortages of labour in some sectors.
The Committee notes with regret that for the fourth year in succession the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes with regret that for the third year in succession the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the Government's report received in June 1992 and relating to the period ending June 1991, and the information supplied in reply to its previous requests. It notes that the development strategy applied aims at diversifying economic activities and employment by supporting the expansion of tourism and services. It would be grateful if the Government would indicate in its next report the nature and extent of labour market policy measures mentioned in the report, and how they are determined and regularly reviewed in the framework of a coordinated economic and social policy, in accordance with Article 2 of the Convention.
Further to its previous requests, the Committee again asks the Government to indicate the consultations with workers' and employers' representatives and other interested persons which took place in the reporting period under Article 3.
The Committee has noted the Government's brief report, which refers to the preceding reports of Netherlands Antilles. In those reports, the Government of Netherlands Antilles indicated that, following amongst other things the loss of many jobs in Aruba in the oil-refining sector, a series of proposals had been made (including compulsory education, fiscal measures, measures to facilitate the operation of the labour market, and the revision of the wage system) by a tripartite employment committee. The Committee would be glad if the Government would provide further details of its policy for full, productive and freely chosen employment in the terms of the Convention, along the lines of the report form approved by the Governing Body of the ILO, indicating whether these proposals have been followed up in Aruba. Please indicate in particular how far the Government has envisaged and succeeded in the creation of jobs in the tourist industry, agriculture, fishing, manufacturing, construction, commerce and other sectors. Please indicate finally any consultations of workers' and employers' representatives and other persons concerned which have been taking place in Aruba in relation to employment policy (Article 3 of the Convention).
The Committee has noted the Government's brief report, which refers to the preceding reports of Netherlands Antilles. In those reports, the Government of Netherlands Antilles indicated that, following amongst other things the loss of many jobs in Aruba in the oil-refining sector, a series of proposals had been made (including compulsory education, fiscal measures, measures to facilitate the operation of the labour market, and the revision of the wage system) by a tripartite employment committee. The Committee would be glad if the Government would provide further details of its policy for full, productive and freely chosen employment in the terms of the Convention, along the lines of the report form approved by the Governing Body of the ILO, indicating whether these proposals have been followed up in Aruba.
Please indicate in particular how far the Government has envisaged and succeeded in the creation of jobs in the tourist industry, agriculture, fishing, manufacturing, construction, commerce and other sectors.
Please indicate finally any consultations of workers' and employers' representatives and other persons concerned which have been taking place in Aruba in relation to employment policy (Article 3 of the Convention).
Committee has noted the Government's brief report, which refers to the preceding reports of Netherlands Antilles. In those reports, the Government of Netherlands Antilles indicated that, following amongst other things the loss of many jobs in Aruba in the oil-refining sector, a series of proposals had been made (including compulsory education, fiscal measures, measures to facilitate the operation of the labour market, and the revision of the wage system) by a tripartite employment committee. The Committee would be glad if the Government would provide further details of its policy for full, productive and freely chosen employment in the terms of the Convention, along the lines of the report form approved by the Governing Body of the ILO, indicating whether these proposals have been followed up in Aruba. Please indicate in particular how far the Government has envisaged and succeeded in the creation of jobs in the tourist industry, agriculture, fishing, manufacturing, construction, commerce and other sectors. Please indicate finally any consultations of workers' and employers' representatives and other persons concerned which have been taking place in Aruba in relation to employment policy (Article 3 of the Convention).
Committee has noted the Government's brief report, which refers to the preceding reports of Netherlands Antilles. In those reports, the Government of Netherlands Antilles indicated that, following amongst other things the loss of many jobs in Aruba in the oil-refining sector, a series of proposals had been made (including compulsory education, fiscal measures, measures to facilitate the operation of the labour market, and the revision of the wage system) by a tripartite employment committee. The Committee would be glad if the Government would provide further details of its policy for full, productive and freely chosen employment in the terms of the Convention, along the lines of the report form approved by the Governing Body of the ILO, indicating whether these proposals have been followed up in Aruba.