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

Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Curaçao

The Committee notes the Government’s report received in 2019, as well as the additional information received in 2021.

Articles 3, 4 and 6 of the Convention. Working conditions in the hotel and catering sector. Measures to address the COVID-19 pandemic. In response to the Committee’s previous comments initially made in 2014, the Government provides information on general measures taken during the reporting period to improve the effectiveness of labour inspection in the hotel and catering sector. The Government adds that sector-specific occupational safety and health measures are being implemented by a multidisciplinary team of the Ministry of Public Health, Ministry of Economic Development and the Labour Inspectorate. Since 2017, the team has conducted 1,600 OSH inspections and identified an unspecified number of violations, primarily in the restaurant sector. Moreover, the Complaints Bureau has received 20 complaints during the reporting period in relation to non-payment of overtime, as well as the failure of employers to provide copies of labour contracts and salary statements to their workers. With regard to the 2000 Labour Decree on Hotels, Restaurants and Casinos (the 2000 Labour Decree), the Government reports that the Platform for National Dialogue for an Advanced Curaçao (Plataforma pa Dialògo Nashonal Kòrsou ta Avansa) was organized in collaboration with the social partners, with the aim of revising and updating 21 labour laws, including the 2000 Labour Decree. The Government indicates that these revisions seek to progressively abolish provisions in the Decree that are not consistent with the letter and the spirit of the Convention and, ultimately, to set aside the 2000 Labour Decree. In particular, the Government refers to the elimination of the 48-hour workweek established in the 2000 Decree, to bring the working hours of hotel and restaurant workers into conformity with those of other workers. The Committee nevertheless notes the Government’s indication that this issue is the subject of heated dialogue, given that a shorter workweek will mean less income for hotel and restaurant sector workers, potentially leading to shortages of personnel. Consequently, alternative solutions are under consideration. With regard to the system of service charges, the Government indicates that the TRUNK or TIP (service charge) system (consisting of a 10 to 20 per cent surcharge on consumption) is used as a mean of ensuring payment of the minimum wage and remains one of the most challenging aspects of negotiating collective agreements in the sector. The Committee notes that the topic of service charges will be submitted to the Platform for National Dialogue for an Advanced Curaçao for discussion by all stakeholders. The Government indicates its intention to introduce regulations that are in conformity with the needs of the sector and simultaneously adhere to regional and international norms and best practices. With respect to the development of relevant sectoral collective agreements, the Government indicates that the sector faces many challenges to concluding collective agreements, mainly within the hotel sector. The Committee notes that the Government does not provide the information requested in its previous comments on measures taken or envisaged to develop a national policy designed to improve the working conditions of the workers in the hotel and catering sector. On the other hand, the Committee notes the supplementary information provided by the Government in its 2021 report in relation to the serious social and economic impact of the COVID-19 pandemic on the tourism sector, which has come to a complete stop during the pandemic, increasing the already excessive unemployment rate and bankrupting businesses in the sector. The Committee notes that the Government, in consultation with stakeholders, has taken emergency measures to mitigate the effects of the COVID-19 pandemic on the labour market in general and to preserve as many jobs as possible. The Committee requests the Government to provide detailed updated information on the manner in which workers employed in hotels and restaurants have been affected by the most recent response and recovery measures designed to mitigate the impact of the pandemic on the labour market. It further requests the Government to keep the Office informed of the outcome of any consultations held with respect to the revision of the service charge system, as well as of the 2000 Labour Decree on Hotels, Restaurants and Casinos, and of all future legislative developments relevant to the application of the Convention. In addition, the Committee requests the Government to provide information on any measures taken or envisaged to address the obstacles identified in the process of developing sector-specific collective agreements, particularly for the hotel and restaurant sector. The Committee expresses its firm hope that the Government will avail itself of the opportunity provided by the process of revision of 21 labour laws that is currently underway to develop a sector-specific national policy designed to improve the working conditions of the workers in the hotel and catering sector, taking into account the response and recovery measures already taken and those currently envisaged, and the current labour market situation in the sector.