Any questions? Employers and workers are strongly advised to consult a lawyer before intervening in labour law situations following Hurricane Irma. If you have any questions, please contact us at info@bermon-law.com (721) 5425088 or use the form below. For employers. Labor law st. Maarten stipulates that workers must in principle continue to be paid even after a catastrophic event like Irma, which means that termination of employment contracts is governed by the usual rules. The employer can only terminate an employment contract by a dismissal permit for work reasons or by judicial intervention through a dissolution procedure. The correct choice of procedure depends, among other things, on the length of the employment, the situation of the business, the age of the employees. In some cases, a collective dismissal may be requested. B, the “last-in-first-out” principle that can be applied, for example. For workers who need to stay in the future, unpaid temporary leave may offer a temporary solution or, depending on the situation, a reduction in working time or wages can provide some relief. This can of course only be done in consultation (individual) with the employee.
Please note that these measures are not permitted under normal circumstances (before Irma). In the interests of completeness, it should be noted that employment contracts concluded for a specified period of time will be terminated by law at the end of the period for which they were concluded (unless agreed otherwise). When an employment contract is terminated by dismissal, notice of the worker`s years of service is taken into account at the time of dismissal. The mandatory notice that an employer takes is as follows: the aforementioned notice period for the employer may be extended, but can only be shortened in a collective agreement. If the contract is terminated with the agreement of the Director of the Ministry of Public Health, Social Development and Labour, the length of the termination procedure may be deducted from the notice period. However, the minimum termination period must be at least one month. If an employer wishes to extend the notice period for workers, the employer`s notice period should then be twice as long as the notice period for the employee. St. Maarten has binding rules and rules on the termination of employment contracts that must be taken into account. In general, there are four options for an employer to terminate an employment contract under Saint-Maarten law: in the event of dismissal upon receipt of the required authorization or in the event of termination of the employment contract by the court, it is possible to award compensation (cessation) to the employee.
Hurricane Irma caused considerable damage to businesses and people in Saint-Maarten, leading to many labour law issues for both employers and workers. The new situation following the hurricane also created a completely new situation for labour law. Many employees were laid off because of the effects of the hurricane. For the employees. Although a central principle of Saint-Maarten labour law is that workers must be paid even under these conditions, it is always advisable, in this exceptional situation, to consult the employer. The setting of employment is always worth considering. Although labour law in Saint-Maarten offers good protection to workers, this situation is new to all, which is why vigilance is always required.
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