~“Flexible hiring of specialized chefs, nannies, caregivers, etc.”~
PHILIPSBURG:--- Honourable Member of Parliament and Leader of the United People's Party (UPP) Omar E.C. Ottley has introduced a draft legislative amendment to the National Ordinance regulating foreign labor (LAV). This is MP Ottley's second legislation submitted to Parliament in just five months. This initiative addresses long-standing issues within labour laws (LAV) and aims to streamline the process of obtaining work permits, foster economic growth, and reduce bureaucratic hurdles.
. The E1 Labour Market analysis revealed that the main reason for the illegal hiring of foreign employees is the process of obtaining a work permit. This analysis provided the data needed for MP Ottley to start the legislative amendment and streamline a more effective process to curb the illegal hiring of foreign workers. Currently, the process for hiring foreign employees is lengthy and cumbersome, with a combined period of up to 11 weeks from vacancy notice to work permit approval. This lengthy process hinders businesses from filling essential roles promptly. The proposed amendment seeks to shorten the vacancy notification period from five weeks to two (2) weeks, significantly reducing the time required for hiring foreign employees. While expanding advertising requirements to social media and online job portals as opposed to the current requirement, which is newspaper only. This advertisement expansion offers the opportunity for more views locally.
"The existing LAV lacks clarity on when indefinite or definite permits should be issued," said MP Ottley. His new proposal includes specific criteria for issuing these permits, such as granting a one-year permit for lower-skilled positions and a three-year permit for higher-skilled professionals and critical functions. After three years, an indefinite permit may be issued if there is insufficient local labor supply.
Ottley explained that the current law allows the Ministry of VSA to deny work permits based on Justice Ministry legislation, leading to confusion and inefficiencies. His amendment ensures that the Ministry of VSA assesses permits based on their legal framework, while immigration authorities handle their part based on separate parameters. This separation aims to reduce misinterpretation and streamline the advisory process, until the analysis from the One Stop Shop Pilot program has been complete. While the UPP aims to merge these processes to ensure an even shorter processing time for both work and residency permits, such a legislative amendment is taking longer to finalize but has began, and still is a priority for the UPP. Regarding specialized and highly trusted positions such as caretakers specialized chefs, etc, Ottley said, "To address the need for specialized skills, the amendment proposes flexibility in hiring for critical positions such as chefs, financial sector roles, caregivers, and nannies. This change allows businesses flexibility to fill these roles more efficiently while maintaining transparency and accountability."
Another finding from the E1 Labor Market Analysis Report (October 2022), current work permit procedures are perceived as bureaucratic and non-transparent, significantly distorting the labour market. MP Ottley's reforms aim to enhance the efficiency and transparency of the work permit process and the overall business climate in St. Maarten. The proposed changes are expected to be financially beneficial for St. Maarten. Introducing permanent work permits and expanding exceptions for specialized roles may increase the number of applications, leading to higher revenue from associated fees. Additionally, reducing administrative burdens can stimulate economic growth and increase tax revenues.
MP Ottley's legislative efforts reflect his commitment to addressing critical social issues and promoting inclusive governance.
In addition to this legislative amendment, MP Ottley has submitted a draft amendment to the national ordinance containing general measures for the implementation of the LAV to the current Minister of VSA, considering that Members of Parliament are unable to submit draft amendments to lbhams from Parliament.This initiative highlights MP Ottley's proactive approach and dedication to continuous improvement in St. Maarten's legislative framework.
