PHILIPSBURG--Independent Member of Parliament (MP) Frans Richardson has written to Labour and Social Affairs Minister Cornelius de Weever calling for "a vigorous, impartial and conscientious application" of the employment policy that calls for the hiring of counterparts by companies when work permits are requested for foreign workers.
Richardson said in his March 1 letter that the application policy will aim the Labour and Social Affairs Ministry to "fulfil its mission and bring about full employment on St. Maarten." The MP added that he is ready to assist the minister with the mission of lowering youth unemployment.
In 2008, the then Executive Council of the Island Territory had passed the employment policy regulating the issuance of work permits for non-nationals - Uitvoeringsbesluit Arbeidvreemdelingen (UAV). This was revised in 2009.
Richardson quoted Article 10 of that policy which states that a work permit would be refused if an employer refuses to appoint as a counterpart, a candidate found to be suitable by the Labour Department. A renewal would also be refused if the employer has terminated the counterpart without prior permission from the Labour Department, or if the training of the counterpart was deficient in the determination at the discretion of the department.
The training of a counterpart may last a maximum of three years. The cost of training the counterpart is for the account of the employer.
Richardson wants this article to become "effective immediately."
Articles seven and 18 of the UAV state that a work permit may only be renewed for a maximum of three years starting in 2009; this maximum does not apply to foreigners with a Bachelor's degree or higher.
"The maximum length of three years expires this year, 2012, for all those who received their first work permit in 2009 and had it renewed three times. This means that everyone without a bachelor's degree whose third permit expires this year, has to leave the island. ... This implies that hundreds or perhaps thousands of jobs should become available."
The MP pointed out that in April 1995 the Court of First Instance in Aruba ruled that the Aruban Government was within its rights to demand permanent employment of a recent inexperienced MTS graduate as a condition for the issuance of a work permit.
"As you can readily appreciate government has provided the tools to ensure that each St. Maartener has a fair opportunity to obtain work in his country, all that has to be done is for your ministry to enforce this law consistently and impartially."
Richardson's recommendations to the minister stems from the 29 per cent youth unemployment rate as of 2009 brought to light in the draft 2012 budget debate in the past week.
"This situation of unemployment on St. Maarten is unacceptable when thousands of work permits are issued for foreign labour while we have 29 per cent unemployment among our local youth."
Richardson requested in this letter that De Weever provide him with a list of all jobs that will become available this year because work permits cannot be renewed because the three years renewal limit has been met. The list must contain the type of work, educational level of the permit holder, place of employment and when the position will be available.
He wants on a monthly basis a list of all counterparts appointed with each work permit issued and a list of all locals who have taken the positions vacated by a work permit holders.
"Start an island wide information campaign to inform St. Maarteners here and abroad of the implementation of this decree and encourage them to make themselves available for positions as counterparts or replacements for expired work permits," the MP told the minister.
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