Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Inspection Convention, 1947 (No. 81) - Sint Maarten

Articles 3(2), 10 and 16 of the Convention. Human resources of the labour inspectorate and additional duties entrusted to labour inspectors. In response to its previous comments concerning the filling of the vacant labour inspection posts, the Committee notes the Government’s indication that the previously vacant positions have been filled, and that the Labour Inspectorate is currently staffed by a chief inspector, two inspectors, and three controllers, with one controller position currently vacant.

In addition, the Committee notes the Government’s indication that inspections related to the oversight of foreign employment are preferably conducted with the support of the Immigration Department, but any discrepancies observed during routine inspections can be addressed directly by labour inspectors. The Government also reports that multidisciplinary inspections are carried out in coordination with various governmental bodies to address such violations.

Furthermore, the Government observes that violations of the National Ordinance on Foreign Labour are currently addressed through written warnings, due to difficulties in processing official reports and prosecuting employers via the Prosecutor’s Office. Additionally, the Committee notes the Government's indication that a temporary amendment has been introduced to allow employers to regularize the employment and immigration status of long-term non-national employees. The Committee once again requests that the Government provide detailed information on the nature and scope of the activities carried out by labour inspectors in relation to the control of the employment of foreigners, including information on the nature of the violations detected and the legal provisions concerned, as well as the legal proceedings initiated, remedies applied, and sanctions imposed. It requests the Government to indicate how the Labour Inspectorate ensures the enforcement of employers’ obligations with regard to the statutory rights to wages, social security, and other benefits of the workers found to be working irregularly, including migrant workers. Additionally, the Committee also requests the Government to provide information on the measures taken for the filling of the vacant labour controller post.

Article 6. Status and conditions of service of labour inspectors. Further to its previous comment, the Committee notes the Government’s indication that newly appointed inspectors and controllers are initially engaged on fixed term contracts, and upon demonstrating proficiency, they are granted permanent civil service status through a national decree. The Government also informs that the remuneration of labour inspectors is aligned with that of other government agencies. The Committee requests the Government to provide more detailed information on the scale of remuneration of labour inspectors by comparison to the remuneration of comparable categories of public officers such as tax inspectors and the police.

Article 7. Training of labour inspectors. In response to its previous comments, the Committee notes the Government’s indication regarding the training, workshops and courses provided to labour inspectors and controllers in 2022 and 2023, including details on the number of participants, duration, modules and the institution that conducted these activities. The Committee takes note of this information, which addresses its previous request.

Articles 12, 13, 16, 17 and 18. Labour inspectors’ powers. Inspection visits. Adequate penalties and effective enforcement. Further to its previous comment, the Committee notes the Government's indication that work began in 2022 on a new information management system, developed in collaboration with an app developer, to streamline record-keeping and facilitate the generation of statistical data on inspection visits, and that a beta version of this app is currently in use. Additionally, the Committee takes note of the statistical data provided by the Government regarding the inspection visits conducted in 2023 by economic sector. The Committee requests the Government to continue to provide information on the development of the new information management system and on the effort to collect information regarding inspection visits.In this regard, the Committee requests the Government to provide information on the nature and number of inspection visits, including details on inspections undertaken without previous notice. It also requests the Government to provide detailed information on the measures adopted by the labour inspectors, including those with immediate executory force. In addition, the Committee requests the Government to provide information on the nature and extent of penalties actually applied for violations of the legal provisions enforceable by labour inspectors, as well as information on the collection of such penalties or other enforcement actions taken.

Article 14. Reporting of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s information that occupational accidents are not consistently reported to the Labour Inspectorate, which primarily relies on information forwarded by the Police Department. It notes that three accidents were reported to the Labour Inspectorate. The Government further indicates that employers tend to report occupational accidents mainly to the Social & Health Insurance. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that accidents reported to the Social & Health Insurance are communicated to the labour inspectorate, as well as any other measures adopted to improve the notification of industrial accidents to the labour inspectorate. The Committee also once again requests the Government to provide information on the mechanisms in place for the reporting of cases of occupational disease.

Articles 20 and 21. Publication and communication to the ILO of annual reports. The Committee notes with interest the transmission to the Office of the Annual Report of the Labour Inspectorate with statistical information related to the year 2023. It notes that the report contains information on: (i) the staff of the labour inspection service; (ii) statistics of inspection visits; (iii) statistics of violations and penalties imposed and (iv) statistics of industrial accidents. The Committee encourages the Government to continue its efforts to ensure the preparation and transmission of the annual labour inspection reports to the ILO, in accordance with Article 20 of the Convention, and that they contain information on all the subjects covered by Article 21(a)–(g). The Committee also requests the Government to indicate the means of publication of the annual labour inspection reports (such as, for instance, on the website of the labour inspectorate or on the Official Gazette).