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

Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Curaçao

Articles 3, 4 and 6 of the Convention. Working conditions in the hotel and catering sector. The Committee acknowledges the information shared by the Government concerning consultations with social partners about revising the service charge system. The Government reports that discussions on this matter are still in progress within the tripartite platform. Initially, union representatives agreed to this arrangement; however, they later recognized the impact of the service charge on their members and are now prepared to consider alternative provisions. The Government expresses its willingness to let this issue be scrutinized by independent specialists from the Social Economic Council, with representations of all parties involved. The Committee notes the information provided by the Government regarding the 2000 Labour Decree on Hotels, Restaurants and Casinos (the 2000 Labour Decree) and the revision of labour laws. The Government indicates that the labour laws will be revised in the context of the Economic Reforms (Theme E) of the Structural Reform Package (“Landspakket”). The Government points out that an action plan has been established for the group of labour market policy, laws and regulations, which is now in progress, and its implementation will be carried out in phases and will include the hotel restaurant and casinos branch. The Committee notes that the Government, the private and entrepreneurial sectors, and the non-governmental agencies joined forces to address the obstacles to accessing the labour market through upgrading, schooling and on-the-job training. The Government indicates that the revision of the 21 labour laws by the Committee of Revision of Labour Laws, established in 2019, is brought under the Economic Reforms in the “Landspakket”. The Government points out that the reforms on the labour market and issuing modernized labour market policies are positioned as a prioritized points in the reforms. The themes to be dealt with are – besides the 2000 Labor Decree On Hotels, Restaurants and Casinos – the following: (1) limitation of the working hours; (2) working part-time; (3) the contracts for a limited time; (4) modernizing the ordinance on contract termination; (5) illegal work; and (6) combatting youth unemployment. The Government indicates that as a result of the efforts to upgrade the existing workforce in the hotel sector and to attract new workers in this specific field, a project named ‘Join the Tourism Team’ was initiated in July 2023. This project allowed students to study and update in the hospitality sector, and 77 students received their certificates as part of the project. The Committee notes, concerning the development of relevant sectoral collective agreements, the Government’s indication that the tourism sector’s social partners are still deliberating with the Bureau Mediation for Labor issues. The Committee recalls that, pursuant to the Convention, Member States shall adopt and apply a policy designed to improve the working conditions of the workers concerned and that the general objective of such a policy shall be to ensure that workers in hotels and restaurants are not excluded from the scope of any minimum standards adopted at the national level for workers in general. The Committee also wishes to recall in this respect the 2017 ILO Guidelines on Decent Work and Socially Responsible Tourism in guiding action to achieve decent work and socially responsible tourism. The Committee requests the Government to keep the Office informed of the outcome of any consultations held with respect to the revision of the service charge system, as well as of the 2000 Labour Decree on Hotels, Restaurants and Casinos, and of all future legislative developments relevant to the application of the Convention. The Committee expresses once more its firm hope that the Government will avail itself of the opportunity provided by the process of revision of 21 labour laws that is currently underway to develop a sector-specific national policy designed to improve the working conditions of the workers in the hotel and catering sector, taking into account the response and recovery measures already taken and those currently envisaged, and the current labour market situation in the sector. Finally, the Committee requests the Government to provide information on any measures taken or envisaged to address the obstacles identified in the process of developing sector-specific collective agreements, particularly in respect of the hotel and restaurant sector, and copies of such agreements, where applicable.