PHILIPSBURG:--- The director of USZV and its employees have been given carte blanche on the execution of the payroll support, which is based on the Ministerial Decree signed off by the Minister of VSA on Wednesday. USZV will also be paid an unknown sum of money on a monthly basis for the execution of the payroll support. While USZV is tasked with this payout the decree clearly states that USZV cannot use any money from the funds it manages for the payroll support. While Government is cutting back on finances one of the steps government could have taken to save money was to amend the law governing USZV and add the payroll support as a task instead of paying an undeclared monthly to USZV.
On Friday the Kingdom Council of Ministers approved 113.3 Aruban Guilders for Aruba as a soft loan. Conditions set by the Kingdom are structural reform of expenses and revenues for the Government of Aruba, the structural plan must be ready by June 15th, 2020. Salaries for Directors for Government-owned companies must be a maximum of 130% times the salary of the Prime Minister. The Kingdom Council of Ministers sets conditions for all the overseas countries such as 25% salary cuts for all Ministers and Members of Parliament, and 12.5% salary cuts for civil servants. The Directors of Government-owned companies can have a maximum of 130% times the salary of the Prime Minister.
Already the Ministers and MPs in Aruba are taking a 25% salary cut while St. Maarten, Ministers, and MPs are taking 20% cut, based on the demands of the Dutch Government St. Maarten Ministers and MPs will have to add another 5% to their salary cuts. Civil Servants on Aruba will be taking a cut of 12.5%. The approved 113.3 million guilders cover from May 15th to July 3rd, 2020. The Dutch Government has given the countries St. Maarten, Aruba, and Curacao up until Wednesday, May 20th, 2020 to take a decision on the proposed cut. These overseas countries have to also have the pension regulation in place by July 5th. While Aruba accepted the cuts and are on their way to reviving their economy unions on St. Maarten is still objecting to the cuts proposed by Government and now the Netherlands. With the conditions set forth, USZV Director Glen Carty will have to accept the gash that will placed on his salary. Other Directors such as the CEO of PJIAE, TELEM, and the Harbor Group of Companies will also have to accept the proposed cuts.
Workers in Aruba also agreed to give up 20% of their wages while the unions on St. Maarten disagree with any type of cuts for their members.
So far no the Kingdom Ministers have not taken any decision on stimulus for St. Maarten except transferring the 2018 and 2019 liquidity support.
BELOW TRANSLATED MINISTERIAL DECREE ON PAYROLL SUPPORT
BY MINISTER FOR PUBLIC HEALTH, SOCIAL DEVELOPMENT IN LABOR,
Having considered:
- that since March 2020 all economies worldwide have been severely affected by the consequences of the pandemic caused by the novel coronavirus;
- that the country of Sint Maarten is no exception;
- that in particular the tourism sector, on which the country of Sint Maarten mainly depends on in terms of national revenues, will be virtually stopped for the coming months;
- that in this context the government of the country of Sint Maarten has adopted the stimulation and lighting plan Sint Maarten;
- that one of the measures is the payroll support program, which provides urgently needed payroll support to employers to prevent mass layoffs, allowing the economy of Sint Maarten to start up again as soon as economic activities are resumed;
- that the payroll support program should now be implemented so that this support can be implemented in May 2020;
- that the Executive Agency for Social and Health Insurance (hereinafter: USZV) has the necessary expertise, experience and capacity to carry out large-scale payroll support and to provide financial accountability;
- that the Minister of Health, Social Development and Labor is empowered to order the USZV to carry out activities;
- that on May 2, 2020, the Council of Ministers approved the content of this regulation, including the conditions of the payroll support program, and instructed the Ministers of Finance and of Health, Social Development and Labor (hereinafter: the VSA) to undertake the payroll enterprise map program in collaboration with USZV;
that the National Budget Ordinance 2020 entered into force on 6 May 2020;
- that the payroll support program for April,
May and June 2020 form part of the 2020 budget;
Considering:
- Article 3 (i) of the National Ordinance Implementing Body
Social and Health Insurance;
- Article 1 of the National Ordinance on the Budget for 2020 and the appendix referred to there, the budget for the country of Sint Maarten for the year of service 2020, part of the ordinary service expenditure, cost center
4022, ledger account 44301, project code USZV; DECISION:
Article 1
USZV is instructed to execute the payroll support program and the Lockdown payroll support program (hereinafter: Lockdown variant) and to perform all actions for this purpose under the following conditions:
a. The allocation of payroll support and the Lockdown variant is based on the terms and conditions of the payroll support program and the Lockdown variant approved by the Council of Ministers, which are attached as appendix 3 to these regulations and will be implemented by USZV as such.
b. Changes to the terms of the payroll support program and the Lockdown variant are only permitted after approval by the Council of Ministers.
c. USZV carries out the payroll support program and the Lockdown variant on behalf of the country of Sint Maarten on the basis of the conditions as referred to in Articles 11 to 23 of this regulation.
d. USZV carries out the necessary administrative actions to implement this scheme.
e. USZV may at no time use financial resources to implement the payroll support program and the Lockdown variant, from funds it manages.
f. USZV may in no way be called upon to advance financial resources for the implementation of the payroll support program and the Lockdown variant.
g. The country of Sint Maarten ensures sufficient and timely advance payments to USZV in order not to jeopardize the proper implementation of the payroll support program and the Lockdown variant.
h. In the event of insufficient funding for the payroll support program and the Lockdown variant, USZV must suspend the implementation of the support programs until additional funding has been received from the country of Sint Maarten. USZV will end the program as soon as the Minister of VSA, after consultation with the Council of Ministers, command.
i. The country of Sint Maarten pays all costs and expenses for the implementation of this scheme, including the implementation of the payroll support program and the Lockdown variant;
j. The country of Sint Maarten will pay an initial advance of NAf 20 million to bank account 87.227.104 of May 14, 2020, at the latest.
the bank of the windward island, uszv name, uszv will be one open a new bank account which, once opened, will be used exclusively for the implementation of these payroll support programs.
k. Based on the actual payment of the payroll support program and the Lockdown variant, USZV informs the Minister of Finance about when and for what amount additional advances are required for the implementation of the support programs.
l. The Minister of Finance pays the additional advances within 3 working days after USZV's request.
m. Any surplus of advance from the Minister of Finance will be refunded by USZV as soon as possible after the end of the support programs. USZV does not use any of the advances for the support programs to offset the outstanding amount that the country of Sint Maarten has or will have with USZV in respect of the social and health insurance policies that USZV manages.
n. USZV can charge the costs associated with the implementation of this scheme to the Ministry of Finance. USZV proposes a fixed monthly amount.
o. For the use of financial resources other than the funds made available by the country of Sint Maarten, prior permission must be requested from and obtained from the Minister of VSA.
p. USZV does not perform any other tasks under the payroll support program and the Lockdown variant than those included in this scheme. Article 2 The Minister of the VSA remains at all times authorized to give further instructions for the implementation of this regulation to USZV. Article 31. When implementing the payroll support program and the Lockdown variant, the applicable statutory regulations, policy rules, instructions, and guidelines are observed by USZV.2. USZV reports monthly to the Minister of VSA on the way in which this scheme is implemented.3. USZV will maintain an orderly and transparent administration for the Minister of VSA in the implementation of the scheme. Article 41. USZV is responsible for the administration of all costs and expenses related to the payroll support program and the Lockdown variant and will provide the Council of Ministers with a monthly (cumulative) overview of all these expenses.2. USZV has Stichting Overheidaccountantsbureau audit the implementation of the payroll support programs in the interim monthly per payment period.3. USZV will arrange for an audit to be carried out by the Stichting Overheidaccountantsbureau after the programs have ended or upon the termination of these regulations. The Court of Audit audits the financial accounts and the decision-making process afterward.
USZV financially reports to the Council of Ministers on the execution of the payroll support programs.
Article 5
1. Upon request, USZV shall provide the Ministers of Finance and the USA with all information regarding the implementation of this regulation as referred to in Article 1.
2. Upon request, USZV will provide the Minister of VSA with access to the records kept in the implementation of this regulation as referred to in Article 1.
Article 6
1. On the basis of the conditions referred to in Articles 11 to 23, the payroll support program and the Lockdown variant apply to the support of eligible employers for the months of April, May, and June 2020. The country of Sint Maarten can decide to extend support after the Council of Ministers has decided to do so and sufficient resources are available.
2. The Council of Ministers has the right to stop, extend, or temporarily postpone the implementation of the payroll support programs and will notify USZV in writing.
3. The implementation of the payroll support program and the Lockdown variant by USZV will expire by operation of law, despite an extension decision as described in the second paragraph.
December 31, 2020.
4. The implementation of the payroll support programs commences when the necessary financial resources are actually made available to USZV.
Article 7
1. The nature of the payroll support programs is to provide short-term financial support to eligible employers to avoid substantial job losses. Furthermore, USZV has to process many applications in a relatively short time while the terms of the payroll support programs have been developed in such a way that it should be easily accessible to employers who qualify where the evidence of correct information lies mainly with the employers with only a marginal check on correctness by USZV. Therefore, neither USZV, nor its director, nor its employees have held responsible or liable for the implementation of the payroll support programs and USZV implements the program to the best of its ability.
2. USZV, its director and its employees are not held responsible if:
(i) employers provide false information to USZV; (ii) employers payroll proceeds
support programs not in accordance with the use terms of the support programs; or,
(iii) due to the urgent need to process applications promptly, USZV makes mistakes in the calculation and / or payments to employers that cannot be remedied despite USZV's efforts to correct them.
USZV is only responsible for the injustice execution of the payroll support programs in case of gross negligence by USZV.
4. Barring gross negligence on the part of USZV, the country of Sint Maarten will indemnify and hold harmless USZV, its director and employees from all claims arising from the work and services performed by USZV under this scheme, and from and against all costs and fees of lawyers, as well as expenses and liabilities incurred in defense of such a claim or any action or procedure instituted thereon.5. In the event that an action or proceeding against USZV is instituted on the basis of a claim as referred to in the fourth, the country of Sint Maarten will, after notification by USZV, have this defended at the expense of the country of Sint Maarten by a lawyer or consultant who is satisfactory to USZV. USZV does not have to pay such a claim first to be compensated. Article 81. There is an advisory committee consisting of three members, one of whom is the chairman.
2. The Minister of Finance appoints the chairman and the other two members. A member is appointed on the nomination of the Minister of VSA.
3. The advisory committee assesses the objections of employers who have submitted requests for payroll support and the Lockdown payroll support that have been rejected in whole or in part.4. Employers on the exception list, as included in both appendix 1 and appendix 2, who have experienced a turnover decrease of at least 20% due to the Covid-19 pandemic, can submit their case to the advisory committee. If the committee approves such a request, the employer and the USZV will be notified by email. USZV processes this request within10 working days after approval by the committee.
5. The advisory committee draws up rules of procedure with the applicable procedures for the review of objections. The rules of procedure must be approved in writing by the Ministers of Finance and the USA, after or in consultation with the Council of Ministers.
6. USZV is obliged to follow the decisions or instructions of the advisory committee. Article 91. Should any condition of this scheme, or its application, be invalid or unenforceable, the remainder of this scheme will not be affected and any condition of this scheme will be valid and maintained to the fullest extent permitted by law.2. The invalid or non-binding part referred to in the first paragraph is replaced by a written change to this regulation, which change, given the content and purpose of this regulation, is as much as possible comparable to that of the invalid or non-binding part.
Article 10
The USZV does not provide personal or company information to third parties, other than the applicant for payroll support, or to the Minister of Finance or the Minister of VSA. Article 11To supports companies suffering loss of earnings from the Covid-19 pandemic and to help prevent layoffs, the Government of St. Maarten provides eligible employers with wage cost subsidies for their employees. Article 12Employers wishing to apply for payroll support must have an active registration with the USZV Employer Portal. If employers are not actively enrolled, they can register on the employer portal page. All amounts in the USZV employer portal are registered in NAf. If payroll is in USD, an exchange rate of USD1 = NAf 1.78 is applied. All payments by USZV are made in NAf. Article 131. The employer who applies for payroll support has employees who are registered with the USZV in accordance with the Health and Accident Insurance Regulations.2. Employers request the USZV online Employer Portal to submit an application for the payroll support program and the Lockdown variant and to confirm or change the information of the employees online.3. Via the website of the Sint Maarten Stimulus & Relief Plan: www.ssrp.sx you can go to the USZV employer portal to request or open online registrations. Article 14Employers that are on the list of excluded business sectors/categories, as referred to in the list in Appendix 1, are in principle not eligible for the payroll support program. Article 151. A legal person or natural person qualifies as an employer within the meaning of this regulation if he employs one (1) or more persons, which means that they work for this legal person or natural person and receive wages. Anyone with one or more employees who perform work is an employer.2. An employer can be a natural person, such as an individual, called a sole proprietorship, or a legal person, such as a company, a foundation, an N.V., or a B.V.3. All employers are legally obliged (in accordance with the Sickness and Accident Insurance Regulations) to register with the USZV. Article 161. Employers verify the information of employees in the USZV register via the online USZV employer portal. The employer can submit changes for the differences that have been determined by April 24, 2020, for the support for the month of April.2. For each month of the payroll support program, employers complete an application form called COVID-19Stimulus Employer / Business Application form, which can be found at the USZV Employer Portal. The deadline for submitting the application is a. For April: April 24, 2020;b. Before May: May 22, 2020;c. For June: June 19, 2020.3. Based on the declared income (the total of taxed and exempt income) according to the comparison of the monthly TOT returns for the applicable months 2019 and 2020, an employer proves that his income has decreased by more than 20% due to the Covid-19 pandemic.4. For the payroll support contribution for April, the declared income will be on the March TOT declaration2019 compared to that of March 2020 to decrease prove income. This is then repeated accordingly for the following two months. Employers must upload the applicable TOT returns when submitting their monthly application.5. If the employer was not or not fully operational in 2019, the declared income of the TOT declaration of February 2020 is compared with the declared income of the TOT declaration for the months of March, April, and May 2020. As proof of the sales declines, employers have filed their monthly (i) ZV / OV declarations, (ii) payroll tax and AVBZ tax returns, and (iii) TOT tax returns on time and also paid them to the applicable authorities: a. The declarations for the month of March will be submitted by Covid-19 at the latest on the 24 April 2020 registration dateStimulus Employer / Business Application Form submitted. Payment is due no later than May 4, 2020. The March TOT declarations are used by USZV to evaluate the payroll support for the month of April 2020.b. Declarations for April: declaration and payment by 15 May 2020 at the latest. Declarations and payment for April are used by USZV to evaluate the payroll support for the month of May 2020.c. Declarations for May: declaration and payment by June 15, 2020 for June Covid-19 stimulus payroll support. The May returns and payment are used by USZV to evaluate the payroll support for the month of June 2020.6. The employer pays monthly taxes and social security contributions and continues to pay his registered employees in accordance with the employment contract between employer and employees in February and March 2020.7. The submitted application will be handled internally by USZV. If information is missing in the application, USZV will contact the employer about this via the email address provided by the employer in the application.Article 17Employers must provide a bank account of a bank established in Sint Maarten in the application form. All payments related to the payroll support program are made by USZV in guilders (NAf) on this bank account. Article 181. The payroll support program and the Lockdown variant do not apply to employees hired after April 12020. The calculation of the qualifying registered ZV / OV wages is based on employees who were already on the payroll before 1 April 2020.2. The contribution from the payroll support program and the Lockdown variant is a maximum of 80% of the ZV / OV wages registered with the USZV, taking into account any applicable part-time factor. Article 191. To determine the contribution of the payroll support programs, the registered ZV / OV wages are used as a good reflection of the payroll at an employer. To be eligible for the payroll support program, employers must declare and pay the ZV / OV premiums and Payroll tax & AVBZ premium for their employees for the months of March, April, May and June.2. The contribution from the payroll support programs is maximum80% of the registered ZV / OV wages at USZV with a maximum of the ZV wage limit (NAf 5,651.36 per month).3. The contribution rate of the payroll support programs is determined based on the decrease in the income percentage due to the Covid-19 pandemic. Three impact categories are distinguished: medium impact, medium / high impact and high impact. The premium percentage payroll support program is 60%, 70% and80% of the registered ZV / OV wages. See the table below: Categories of Percentage Decrease in Income Categories Payroll Support Program Percentage Contribution> 20% - <= 50% Average Impact 60% of registeredZV / OV wages> 50% - <= 80% Medium HighImpact 70% or registeredZV / OV wages> 80% High impact 80% or registeredZV / OV wages4. From the moment an employer signs up for a payroll support program and the Lockdown variant, the employer is obliged to keep the employees employed throughout the period of the payroll support programs.5. Termination of contracts based on short term agreements, whereby this shortterm agreement is automatically terminated on a certain date, are excluded from the payroll support program.Article 201. USZV assesses all information supplied and advises the Minister of Finance on the decision-making regarding the request for granting support as referred to in the payroll support program or the Lockdown payroll support program. The decision taken by the Minister of Finance, including the calculation of the contribution of the payroll support programs, will be communicated to the employer by email by USZV. 2. If the USZV verification process cannot take place in a timely manner, USZV can proceed with payments based on the list of registered employees. The difference based on the untimely verified transactions is paid or deducted from the following month's payroll support contribution.3. The employer can see in the USZV employer portal which mutations have been accepted or rejected by USZV. Article 211. In addition to the payroll support program, the government of Sint Maarten has introduced an additional payroll support program, the Lockdown payroll support program. This program is for (i) those employers who are not eligible for the payroll support program and (ii) have a drop in their earnings of more than 20% in April 2020 (compared to April 2019) due to the lockdown that was enforced by the government from April 5, 2020. Employers on the exempt list of the Lockdown payroll support program (as regulated in Appendix 2) are not eligible for the Lockdown payroll support program.2. To qualify for the Lockdown payroll support program, the same terms and conditions in Articles 12 to 20, including the applicable contribution rate, apply as for the payroll support program with the following exemptions:a. Eligible Employers submit their Lockdown Payroll Support Program application form by May 22, 2020 through the USZV Employer Portal;b. Based on the declared income (the total of taxed and exempt income) according to the TOT returns of April 2020 and April 2019, an employer proves that his income has decreased by more than 20% due to the lockdown.3. Payment of the applicable Lockdown Payroll Support Program Fee will be made between May 25th and May 30th2020 by USZV.Article 221. As part of the application, employers must sign a digital statement before the payments of the payroll support program and the Lockdown payroll support program are released.2. Failure to comply with the provisions of the payroll support program or the Lockdown payroll support program may result in sanctions against the employer, including or not fully reimbursing the contribution for the payroll support program and or the Lockdown payroll support program. Non-compliance includes non-payment of monthly taxes and social contributions and / or non-payment of registered employees.3. USZV, the Inspectorate of the Tax and Customs Administration and the Audit Team Sint Maarten are authorized to verify the accuracy of the information provided by the employer. Future audits and adjustments to the contribution of the Covid-19 payroll support program based on risk analysis are possible. Article 23Employees can contact a digital helpdesk for employees. The Employee Helpdesk will become operational from 20 April 2020. Employees can ask questions or request information at the email address This email address is being protected from spambots. You need JavaScript enabled to view it.. Article 24In view of the urgent importance of this, as referred to in Article 127, third paragraph, of the Constitution, these Regulations will enter into force on the first day after the date of issue of the Announcement Sheet in which they are placed, and will work back to 1. April 2020, and will expire by operation of law on December 31, 2020. Article 25This scheme is referred to as: Temporary scheme payroll support. This regulation will be placed in the Announcement Sheet with the explanation. The thirteenth of May 2020The Minister of Health, Social Development and Labor The Minister of Finance Released May 14, 2020The Minister of General AffairsOn their behalf,Head of Legal Affairs & Legislation Department
Appendix 1 List of excluded business sectors / categories
Sector Category
Administrative and
support service activities Office administrative, office support and other
business support activities
Rental and leasing activities
Services to buildings and landscape activities
Construction Civil engineering
Construction of buildings
Specialized construction activities
Education Education
Electricity, gas, fuel,
steam and air conditioning supply Production and distribution electricity, gas, fuel,
steam and air conditioning supply
Financial and insurance
activities Activities auxiliary to financial service and insurance
activities
Financial service activities, except insurance and
pension funding (banks)
Insurance, reinsurance and pension funding
Human health and social
work activities Human health activities, hospitals, medical practice
and other human health activities
Residential care activities
Social work activities without accommodation
Information and
communication Computer programming, consultancy and related
activities
Information service activities
Programming and broadcasting activities
Publishing activities
Telecommunications
Manufacturing Manufacture of beverages
Manufacture of furniture
Manufacture of textiles
Manufacture of wood products
Manufacture of cement, lime and plaster
Repair of ships and floating structures
Other service activities Activities of membership organizations (excluding
taxi association)
Funeral and related activities
Professional, scientific
and technical activities Activities of head offices or management
consultancy activities
Advertising and market research
Architectural and engineering activities; technical
testing and analysis
Legal and accounting activities
Tax and audit activities
Veterinary activities
Continuation Appendix 1 List of excluded business sectors/categories
Sector Category
Public administration and
defense; social security Public administration and defense;
compulsory social security
Real estate activities with own or leased
property or on a fee or contract basis
(excluding timeshare and condos)
Wholesale and retail
trade; repair of motor vehicles and motorcycles Wholesale and Retail trade supermarkets,
hardware stores, household goods
Wholesale and retail trade of motor vehicles
and motorcycles
Repair of motor vehicles and motorcycles
Wholesale trade food beverages and tobacco
Transportation and
storage Water transport (freight)
Air transport (freight)
Warehousing and support activities for
transportation
Land transport (Trucking, Garbage
collection)
Postal and courier activities
Appendix 2: List of Excepted Companies for the Lockdown Payroll Support Program Sector CategoryEducation EducationElectricity, gas, fuel,steam Production and distribution electricity, gas, fuel,steamFinancial and insuranceactivities Activities auxiliary to financial service and insuranceactivitiesFinancial service activities, except insurance andpension funding (banks)Insurance, reinsurance and pension fundingHuman health andsocial work activities Human health activities, hospitals, medical practiceand other human health activitiesResidential care activitiesSocial work activities without accommodationInformation andcommunication Computer programming, consultancy and relatedactivitiesTelecommunicationsOther service activities Activities of membership organizations (excludingtaxi association)Funeral and related activitiesPublic administrationand defense; social security Public administration and defense; compulsory socialsecurityReal estate activities Real estate activities with own or leased property oron a fee or contract basis (excluding timeshare and condos)Wholesale and retailtrade; repair of motor vehicles and motorcycles Wholesale and Retail trade supermarketsWholesale trade food beverages and tobaccoTransportation andstorage Water transport (freight)Air transport (freight)Warehousing and support activities for transportationLand transport (Trucking, Garbage collection)Postal and courier activities Appendix 3: Conditions of the payroll support program and the Lockdown variant approved by the Council of Ministers
EXPLANATORY STATEMENT General
Due to the outbreak of the COVID-19 coronavirus and related government measures, Sint Maarten is confronted with extraordinary circumstances, which have a huge impact on social life in general and which also have far-reaching consequences for the labor market. In the interest of public health, public order measures have been taken and companies and institutions in a number of sectors have been closed. In line with this, in other sectors, companies and institutions with many contacts with the public have decided to reduce or completely discontinue the services in order to help prevent the spread of the COVID-19 corona virus. Similar measures abroad also have an impact on Sint Maarten's business community. This situation, including the associated risks to employment, cannot be considered a normal entrepreneurial risk.
In order to support companies suffering loss of earnings from the Covid-19 pandemic and to help prevent layoffs, the government of Sint Maarten has decided to provide eligible employers with wage cost subsidies for their employees. This payroll support program preserves employment and creates a buffer for the increasing economic impact. The government pays a maximum of 80% of the labor costs of eligible companies for a maximum period of 3 months. This period can be adjusted by the government of Sint Maarten. In addition, support for the month of April will commence as soon as the available financial resources have been made available. The same applies to the months of May and June 2020.
The contribution from the payroll support programs is a maximum of 80% of the registered ZV / OV wages at USZV with a maximum of the ZV wage limit (NAf 5,651.36 per month).
Scenario 1: an employee is registered with USZV with a registered ZV / OV wage of NAf 2,500 and the employer contribution percentage is 70%, the maximum contribution is NAf 1,750; Scenario 2: an employee is registered with the USZV with a salary of NAf 6,000, - only for public transport and the employer's contribution percentage is 70%, the amount of the contribution is 70% of the ZV wage limit (NAf 5,651.36 per month). NAf 3,955.95. Employers that are on the list of excluded business sectors/categories (see list in Appendix 1) are not eligible for the payroll support program. The exempt list is based on the International Standard Industrial Classification of All Economic Activities (hereinafter: ISIC), a United Nations industrial classification system. ISIC classifies entities by activity. In addition to the payroll support program, the government of Sint Maarten has introduced an additional payroll support program, the Lockdown payroll support program. This program is for (i) those employers who are not eligible for the payroll support program and (ii) have had a drop in their earnings of more than 20% in April 2020 (compared to April 2019) as a result of the lockdown that was enforced by the government from April 5, 2020. Employers on the exempt list of the Lockdown payroll support program (see Appendix 2) are not eligible for the Lockdown payroll support program
Given that only essential companies were allowed to open from mid-March, followed by a mandatory lockdown in April 2020, the exempt list for the Lockdown payroll support program is shorter than the payroll support program. This means more in April business categories are more eligible for payroll in May and June. To qualify for the Lockdown payroll support program, the same terms and conditions, including the applicable contribution rate, apply as for the payroll support program. The exempted lists are based on the ISIC, a United Nations industrial classification system. ISIC classifies entities by activity. In addition to this classification, the classification was established on the basis of the turnover data of the companies after the hurricanes. The affordability of the payroll support program and the objective of the support program to support the most vulnerable companies that cannot survive without it have also been considered. Employers sign their application with a digital statement before payments are released from the payroll support program and the Lockdown payroll support program. This ensures that the contribution received from the payroll support program and the Lockdown payroll support program is based on accurate information and that employers must continue to pay registered employees. More information about the application procedures for the COVID-19 payroll support program can be obtained from https://www.ssrp.sx/. The Social and Health Insurance Executive Agency (hereinafter: USZV) has a great deal of experience and expertise in the allocation of benefits. In addition, the USZV already has a lot of data from companies and employees. The government has chosen to tax the USZV on the implementation of the support programs because the USZV can take on the implementation very quickly. In addition, data already available to the USZV in the context of its normal task performance need not be shared with any other body; this is important because of the protection of personal data. The National Ordinance on Administrative Jurisdiction applies to decisions v implementing this regulation. A separate objection advisory committee has been established for this regulation in Article 7
This regulation must enter into force as a matter of urgency so that the implementation of these measures arising from the Sint Maarten Stimulation and Lighting Plan can be implemented as soon as possible to absorb the economic and social impact of the Covid-19 pandemic. Taking the following points into account, it becomes clear that there are serious private or public disadvantages in the event of a delay in the entry into force of the National Ordinance on the Budget 2020 and that the requirement of an urgent interest, referred to in Article 17, second paragraph, is met. , part a, of the Constitutional Court National Ordinance: that economies around the world are adversely affected by the COVID-19 pandemic and that Sint Maarten is no exception; - that the necessary measures to close the borders to control the spread of the virus have major consequences for the economy of Sint Maarten; - that the economy of Sint Maarten has not yet fully recovered from the disastrous consequences of hurricanes Irma and Maria in September 2017; - that a state of emergency was declared by national decree of April 4, 2020, no. 2020/0314, which state of emergency was extended for a period of three weeks by national decree of 18 April 2020, no. 2020/0316, and by national decree of 10 May 2020, no. 2020/0324 has been extended for a period of six weeks; - that the government of Sint Maarten has drawn up a Stimulation and Lighting Plan with initial measures to deal with the economic and social impact of the Covid-19 pandemic; - that it is important to proceed with the implementation of the measures from the Sint Maarten Stimulation and Lighting Plan as soon as possible; - based on the National Ordinance Implementing Body for Social and Health Insurance and the National Budget Ordinance2020 the measures can be implemented; The Minister of Health, Social Development and Labor, The Minister of Finance,
