WILLEMSTAD – The Advisory Council has criticized the preparation of a legislative proposal that seeks to eliminate special labor exemptions for employees in Curaçao's aviation, maritime and port sectors, arguing that important recommendations from the Social and Economic Council (SER) were not adequately addressed.
The initiative proposal, submitted by MAN and PIN, aims to place workers in the aviation, shipping and port industries under the same general labor regulations that apply to employees in other sectors. This would affect areas such as working hours, rest periods, night shifts and overtime compensation.
According to the proponents, the current legislation creates an unjustified distinction between workers on Curaçao by exempting certain sectors from rules that apply elsewhere in the labor market.
However, the Advisory Council expressed concern about the legislative process itself. It noted that the explanatory memorandum accompanying the proposal failed to substantively address an earlier advisory opinion issued by the SER.
The Council emphasized that careful lawmaking requires lawmakers to respond to recommendations from advisory bodies, particularly when those recommendations concern the legal quality and practical implementation of proposed legislation.
According to the Council, ignoring such advice undermines the legislative process and could, in future cases, justify returning an initiative proposal to its sponsors for further work before it proceeds through Parliament.
The proposal remains under review, and the Advisory Council is urging lawmakers to revise the explanatory memorandum before the legislative process continues.