WILLEMSTAD – The Advisory Council has raised concerns about the legal, operational and financial consequences of a proposal that would extend standard labor protections to workers in Curaçao's aviation, maritime and port sectors.
The initiative proposal seeks to abolish the special labor regime that currently applies to employees in these industries. If adopted, workers such as port employees, dock workers and ship crew members could become entitled to the same rules governing working hours, overtime and rest periods as employees in other sectors.
While the Council does not oppose the objective of equal treatment, it warned that several important issues remain unresolved.
One concern involves potential conflicts between the proposed amendments and existing provisions in Curaçao's Commercial Code governing work performed aboard ships. According to the Council, uncertainty could arise in situations where a ship captain orders additional work for safety reasons. In such cases, it may be unclear whether the new labor regulations or existing maritime laws would take precedence.
The Council also questioned why the proposal focuses on aviation, shipping and port workers while leaving other sectors with special labor arrangements, such as the hospitality industry, untouched.
In addition, the Advisory Council argued that the proposal's immediate implementation would be impractical. Employers in the affected industries would need sufficient time to adjust work schedules, staffing plans and operational procedures to comply with the new rules.
The Council therefore recommends providing a transition period, announcing the changes well in advance and conducting an evaluation after implementation.
Another major concern involves the financial impact of the proposal. According to the Council, the explanatory memorandum does not adequately assess the additional costs that businesses may face, including increased overtime payments, revised shift schedules and the possible need to hire additional staff.
The Advisory Council is recommending that these legal and financial implications be addressed before Parliament proceeds with further consideration of the proposal.