Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Employment Policy Convention, 1964 (No. 122) - Aruba

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 2 of the Convention. Employment trends and active labour market measures. In reply to the Committee’s comments of 2014, the Government refers the Committee to its 2015 annual report on the application of the European Social Charter and the 1988 Additional Protocol for the period 2011–14. The Committee notes that the information provided by the Government in that report provides information concerning the various programmes established with the aim of placing more people in employment. The Let’s Work Programme (Ban Traha), launched in June 2014 after the Reintegration Project of 2007 was not considered to have been successful. The Government indicates that achievement of this objective would not mean the end of the programme, but rather would validate the new approach taken. It adds that the difference between the Let’s Work Programme and the prior programme is the increased personal attention, given that participants receive individualized guidance from an employment intermediary. The programme is implemented through a collaboration between the Labour Department, the Department of Labour Progress and the Department of Social Affairs. Jobseekers participating in the programme were divided into two groups: those 14–24 years of age and those aged 25 or over. Participants underwent thorough interviews to reassess their employability. The Government adds that 1,262 of the participants, of which 57 per cent were women, were deemed to be viable candidates for reintegration into the labour market. Those participants found to be “unfit candidates” were referred for a medical re-examination and placed in either a short term or long term track, depending upon their needs. The Government qualifies the results of the Let’s Work Programme as satisfactory, indicating that 136 persons were placed in employment in the first six months. The Committee notes that the Government also introduced the obligation for social assistance claimants and recipients to apply for jobs regularly and to participate in training courses to improve their employability. Failing to comply with these obligations would result in the rejection of a petition for or withdrawal of social assistance. With regard to employment trends, the Committee notes that, according to the Labour Force Survey (LFS) conducted by the Central Bureau of Statistics (CBS), the employed population aged 15 or over increased from 58.1 per cent in 2011 to 61 per cent in 2013. In addition, while the participation rate rose from 63.8 per cent in 2011 to 66.1 per cent in 2013, the unemployment rate decreased from 8.9 per cent to 7.6 per cent during the same period. The Committee notes that, while the statistical information provided in the 2015 report dates from 2013, the Government indicates that there is no updated statistical information available. The Committee requests the Government to provide updated information on the activities and the number of people placed by the Let’s Work Programme as well as the impact of the new social assistance procedures on the placement of persons in lasting and decent employment, including information on measures taken or envisaged to promote the employment of persons who face particular difficulties in finding lasting employment, such as persons with disabilities and migrant workers. It also requests the Government to indicate the manner in which active labour market measures are kept under review within the framework of an overall coordinated economic and social policy. The Committee reiterates its request that the Government provide up-to-date information, including statistical data disaggregated by economic sector, sex and age, on the current situation and trends regarding the active population, employment, unemployment and underemployment.

Education and training policies and programmes. The Committee notes the implementation of the Education for Employment programme (Enseñansa pa Empleo), which provides adult education and training on new trades to jobseekers to improve their employability. It notes the detailed information provided by the Government on the courses and participants in the programme from 2012 to 2014. Furthermore, the Government refers to the implementation of the Social Forming Programme (SPF), which is a 12-month military-based programme for underprivileged young men aged 18–24 who are not in employment, education or training, and are at risk of engaging in criminal behaviour. The SPF is a two-part programme: the first four months are focused on physical training and developing behavioural and teamwork skills, while the last eight months are dedicated to education. Training in languages, mathematics, computer and social skills is provided to the participants with the objective of promoting their access to the labour market. Participants also have free access to the training courses provided under the Education for Employment programme. While enrolled in the programme, they receive a monthly stipend of 700 Aruba Florin (AWG) and are offered internships either at the military base or in private enterprises. The Government indicates that the programme currently accepts two groups of 24 persons per year. The Committee requests the Government to provide updated information on the impact of the Education for Employment programme and the Social Forming Programme as well as on the measures taken or envisaged to coordinate education and training policies with prospective employment opportunities. It also requests the Government to indicate the measures taken or envisaged to provide education and training to underprivileged young women with a view to improving their employability. The Committee further requests the Government to indicate the manner in which the social partners and other stakeholders concerned are consulted with respect to the development of education and vocational training programmes that meet the needs of the labour market.

Promotion of women’s employment. The Committee notes that, according to the LFS data in the 2015 report, from 2011 to 2013, women’s participation rate in the labour market increased from 58.8 per cent to 61.6 per cent; and the number of employed women over the aged of 15 rose from 53.4 per cent to 57.1 per cent. During the same period, the unemployment rate among women decreased from 9.2 per cent to 7.4 per cent. The Committee also notes the adoption of measures aimed at making employment more accessible to women with family responsibilities, including the extension of paid pregnancy and maternity leave from eight to 12 weeks and the elimination of discriminatory labour provisions. In addition, a new Labour Ordinance (AB 2013 No. 14) was adopted, which came into effect on 1 April 2013 and abolished section 17 of the Labour Ordinance prohibiting night work for women. The Committee requests the Government to provide information on the measures taken or envisaged to promote women’s participation in the labour market, including those with no family responsibilities and in non-traditionally female occupations. It also requests the Government to provide statistical information on the labour market situation of women and men in the public and private sectors, disaggregated by sex, economic sector and occupation.

Article 3. Participation of the social partners in the formulation and implementation of policies. In its previous comments, the Committee requested the Government to implement the consultations required by the Convention and to provide information on progress made towards ensuring full compliance with the Convention. The Government indicates that it will inform the Office of any progress made in this regard. The Committee once again recalls that Article 3 of the Convention calls for the representatives of employers and workers to be consulted concerning the development and implementation of employment policies “with a view to taking fully into account their experience and views and securing their full cooperation in formulating and enlisting support for such policies”. In addition, it draws the Government’s attention to the requirement that representatives of the persons affected also be consulted when formulating and implementing employment policy. The Committee once again requests the Government to implement the consultations required by the Convention and to provide information on progress made towards ensuring full compliance with Article 3 of the Convention. It also requests the Government to provide information on the manner in which representatives of the persons affected are consulted concerning the development, implementation and review of employment policies.