All Comments

The Committee notes the observations from the Sint Maarten Hospitality and Trade Association (SHTA), received on 30 September 2020, as well as the Government’s reply thereto, received on 19 July 2021. It further notes the observations from the SHTA and the International Organisation of Employers (IOE), received on 1 September 2021, as well as the observations from the Employer Council Sint Maarten (ECSM), received on 6 September 2022. The Committee requests the Government to provide its reply in this respect.

Articles 1 and 2 of the Convention. Representative organizations. Consultation procedures. In its previous comments, the Committee requested the Government to provide information on the criteria established for determining the representativeness of employer and worker organizations. The Committee further notes the Government’s indication that employers’ and workers’ representatives are chosen by their respective organizations. In this regard, the Committee notes the information provided by the Government concerning the procedure for nominating the members of the Tripartite Committee (TPC). First, a letter is sent to the Windward Island Chamber of Labour Unions (WICLU) and the ECSM. Subsequently, the workers’ and employers’ organizations deliberate amongst themselves and send a written response to the secretary of the TPC nominating the members and substitute members. The Government indicates that the TPC consists of three Government’s representatives, three workers’ representatives and three employers’ representatives. For each group of representatives, there is an equal number of substitute members. The Committee notes that, in their observations, the SHTA and the IOE indicate that the most representative organizations of employers for the purpose of the Convention are: the Indian Merchants Association (IMA); the Sint Maarten Timeshare Association (SMTA); the Sint Maarten Marine Trade Association (SMMTA); and the SHTA. The Committee notes the Government’s indication that the TPC has a new composition since June 2020. The Committee notes, however, that, in its 2021 observations, the OIE and the SHTA claim that these nominations have still not been confirmed. Lastly, the Committee refers to its 2021 observation on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), where it examined the concerns raised by the OIE and the SHTA with regard to the nomination of employers’ representatives in the Socio-Economic Council (SER). The Committee hopes that, if the nominations of the representatives before the Tripartite Committee had not yet been confirmed, that they will be confirmed in the near future to ensure effective and regular tripartite consultations on all the matters relating to international labour standards covered by the Convention.

Article 5. Effective tripartite consultations. The Committee welcomes the Government’s indication that tripartite consultations were held within the TPC during the reporting period on measures to mitigate the negative effects of the COVID-19 pandemic on the economy and the labour market. The Committee nevertheless notes the Government’s indication that, once again, tripartite consultations were not held on matters related to international labour standards covered by the Convention. Moreover, the IOE and the STHA point out that tripartite consultations were neither held on reports concerning ratified Conventions which the Government sent unilaterally to the ILO. The Committee also notes the Government’s indication that it intends to improve compliance with the Convention in the near future. In this respect, the Committee once again recalls that the core requirement of the Convention is to ensure effective tripartite consultations on all of the matters concerning the activities of the ILO related to international labour standards set out in Article 5(1) of the Convention (see the 2000 General Survey on tripartite consultation, paragraph 28). Moreover, the Committee notes that, in their observations, the IOE and the SHTA indicate that, following the appointment of TPC members on 11 September 2020, the TPC held four meetings during the six-month period between 11 February 2021 and 17 August 2021, while the relevant legislation provides that TPC meetings shall be held monthly. The Committee expresses its hope that the Government will take all the necessary measures to ensure effective tripartite consultations on matters related to international labour standards covered by the Convention. In this context, the Committee reiterates its request that the Government provide detailed updated information on the frequency, the content and the outcome of the tripartite consultations held on all matters relating to international labour standards covered by the Convention, including with respect to: the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); the proposals to be made to the competent authorities upon the submission of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be made on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)). The Committee recalls that the Government can avail itself of the technical assistance of the ILO or the Office in this regard.

Article 4. Administrative support. Necessary training of participants in the procedures. The Committee notes that, in their observations, the IOE 1and the SHTA maintain that no administrative support or training have been provided to participants in the tripartite consultations during the reporting period. In the light of the concerns raised by the employers’ organizations in their observations, the Committee requests the Government to take the necessary measures to ensure the financing of any necessary training of participants in the consultation procedures provided for by the Convention.

The Committee notes the observations of the International Organisation of Employers (IOE) and the Sint Maarten Hospitality & Trade Association (SHTA), received on 1 September 2021. The Committee requests the Government to provide its comments in this respect.

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 5 of the Convention. Representative organizations. Effective tripartite consultations. In response to the Committee’s previous comments, the Government indicates that the most representative organizations of employers and workers for the purposes of the Convention are: the Sint Maarten Hospitality and Trade Association (SHTA), the Sint Maarten Marine Trade Association (SMMTA), the Sint Maarten Timeshare Association (SMTA), the Indian Merchants Association (IMA), the Windward Island Chamber of Labour Unions (WICLU), the Windward Islands Civil Servants Union/Public Sector Union (WICSU/PSU), the Sint Maarten Communication Union (SMCU) and the Workers Institute for Organized Labour (WIFOL). The Government refers to the Ministerial Decree for the Implementation of the Tripartite Committee and the Code of Order as the national legislation giving effect to the Convention. The Committee notes that the Tripartite Committee held several discussions on labour-related topics, which resulted in the adoption of its first Consensus Document. The Consensus Document addresses issues related to the use of short-term labour contracts. The Government indicates that abuse of short-term labour contracts has been a recurring topic for workers and employers, as well as for the Government and Parliament. The Government adds that, in the Consensus Document, the tripartite partners agreed on certain amendments to provisions of the Civil Code relevant to short-term labour contracts, resulting in a major labour law reform and complying in this way with several ILO Conventions applicable in Sint Maarten. While the Committee welcomes the information provided by the Government regarding the reform of national labour legislation, it nevertheless recalls that the fundamental obligation under the Convention is to ensure effective tripartite consultations on all of the matters concerning the activities of the ILO related to international labour standards set out in Article 5(1) (see 2000 General Survey on tripartite consultation, paragraph 28). The Committee requests the Government to indicate the criteria established for determining representativeness. The Committee once again requests the Government to provide information on the content and outcome of the tripartite consultations held on the matters covered by the Convention, particularly relating to questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the National Assembly (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).

Article 1 of the Convention. Representative organizations. The Committee notes the detailed information provided in the Government’s first and second reports on the application of the Convention. It notes that the Tripartite Committee is composed of nine members with the Government, employers’ organizations and workers’ organizations represented by three members each. The Committee requests the Government to identify the representative organizations in the Tripartite Committee which are consulted on matters concerning international labour standards.

Article 5. Effective tripartite consultations. The Committee notes that the Code of Order of the Tripartite Committee, adopted pursuant to the Regulation of the Minister of Public Health, Social Development and Labour of 30 September 2011 establishing the Tripartite Committee, includes detailed information on the functioning of the meetings of the Tripartite Committee, including the ILO Subcommittee. The Government indicates that the task of the Tripartite Committee is to serve as a consultation organ as it relates to the topics concerning international labour standards covered by Article 5(1) of the Convention. It adds that meetings of the Tripartite Committee are regularly convened. The Committee requests the Government to provide detailed information on the content and outcome of the tripartite consultations held on the matters covered by Article 5(1) of the Convention.

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Sint Maarten

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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