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

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

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)).