PHILIPSBURG:— Advancing key legislation to protect workers' rights continues to be a top priority of Member of Parliament and Leader of the United People's Party, the Honourable Omar E.C. Ottley, as he submitted his third draft legislation Wednesday, August 14th,2024, to the Parliament of St. Maarten to combat the abuse of short-term contracts for workers.
The third draft legislation, presented within only six months of taking office, aims to amend the existing Civil Code to safeguard employees against employers' misuse of fixed-term employment contracts.
The new draft law seeks to address longstanding concerns over the abuse of temporary contracts, which has plagued the labour market in St. Maarten. MP Ottley's proposed amendments to the "Landsverordening arbeidsovereenkomst" (National Ordinance on Employment Contracts) will establish clear guidelines for using fixed-term contracts, ensuring they are only used in specific, justified scenarios.
In a Wednesday evening press release, MP Ottley said he was glad he could bring the legislation to Parliament. "While others have talked about this abuse of short-term contracts even before I entered politics, the amendments and proposals brought forward have yet to address this abuse our people face daily. The scenario is very similar to the low minimum wage that the people have endured until I became Minister of Labor and raised it," said MP Ottley.
The proposed law specifies that fixed-term contracts can only be used for seasonal work, temporary staff replacement, specific projects, or irregular work. This change prevents employers from exploiting temporary contracts for inherently permanent roles. Under the new legislation, if a fixed-term contract does not meet the specified criteria, it will automatically be treated as a permanent contract, providing employees greater job security and benefits. The law also includes provisions to counteract practices where employers might change job titles or slightly alter roles to avoid granting permanent contracts.
The proposed amendments are crucial for ensuring the fair treatment of workers and promoting transparency in employment practices. According to MP Ottley, these changes will reduce ambiguity, prevent legal disputes, and ensure that employers and employees fully understand the conditions under which temporary contracts can be used.
"By closing loopholes that have allowed some employers to bypass the obligations of permanent employment, this proposal will help workers achieve greater stability and financial security. For instance, temporary contract workers often face difficulties securing loans, such as mortgages, due to the uncertainty of their employment status. With the new law, many can transition to permanent positions, improving their ability to plan for the future and contribute to the economy," said MP Ottley.
This legislation is not just about legal reform; it's about leveling the playing field and ensuring that every worker in St. Maarten can work under fair and transparent conditions. MP Ottley's tireless efforts reflect his commitment to the people of St. Maarten and his dedication to improving their quality of life.
MP Ottley remains focused on "delivering meaningful change that benefits the entire community," reinforcing his reputation as a diligent and effective leader in St. Maarten's government.
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