Comments adopted by the CEACR: Aruba

Adopted by the CEACR in 2022

C140 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comment

Articles 2–5 of the Convention. Granting of paid educational leave. The Committee notes that the Government has not provided a reply to its previous comments on this point. It therefore reiterates its request that the Government of Aruba further describe how it promotes the right to paid educational leave in both the public and private sectors. It also once again invites the Government to provide further details on how the granting of paid educational leave contributes to the promotion of appropriate continuing education and training in the terms of the Convention, along the lines of the report form approved by the Governing Body of the ILO.

Article 6. Participation of the social partners. The Committee notes that the Government has not provided a reply to its previous comments on this point. The Committee therefore once again invites the Government to indicate the measures envisaged to promote the participation of the social partners in the formulation and application of the policy for the promotion of paid educational leave.

Article 11. Assimilation to a period of effective service. The Committee notes that the Government has not provided a reply to its previous comments on this point. It therefore reiterates its request that the Government indicate the measures taken to assimilate the period of paid educational leave to a period of effective service for the purpose of establishing claims to social benefits and other rights deriving from the employment relationship.

Application of the Convention in practice.Noting the absence of a response from the Government on this point, the Committee reiterates its request that the Government provide information in its next report, including disaggregated statistics on the number of workers granted paid educational leave (Part V of the report form).

Adopted by the CEACR in 2021

C014 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest in industry) and 106 (weekly rest in commerce and offices) together.

Article 1 of Convention No. 14 and Article 2 of Convention No. 106. Scope of application. In its previous comment, the Committee had noted that the Labour Ordinance of 2013 (section 3.1) does not apply to workers earning more than twice the gross monthly minimum wage and had recalled that the Conventions apply to all workers irrespective of their level of earnings. The Committee notes that the Government’s report remains silent on this point. The Committee requests the Government to indicate in which manner it ensures that the provisions of the Conventions are given full effect regarding workers excluded from the Labour Ordinance of 2013 based on their level of earnings.

Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106. Compensatory rest. The Committee notes that under section 16(2)(b) of the Labour Ordinance, workers who perform overtime work on their weekly rest day shall receive an overtime bonus of at least 50 percent of the applying hourly wage. It also notes that, under section 16(4) of the Labour Ordinance, by written agreement between the worker and the employer, the work during the weekly rest day shall be compensated either financially or in time off. The Committee recalls that Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106 require workers who are deprived of their weekly rest to be granted compensatory rest irrespective of any monetary compensation. The Committee therefore requests the Government to take the necessary measures to ensure that compensatory rest is granted to workers who are required to work on their weekly rest day and to provide information on any progress made in this respect.

C088 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Contribution of the employment services to employment promotion. In response to the Committee’s previous comments, initially made in 2015, the Government provides information on the results of a Labour Force Survey (LFS) which it conducted in 2018, in collaboration with the Central Bureau of Statistics and the Central Bank of Aruba. The Government reports that, according to the LFS, (i) the unemployment rate fell from 8.9 per cent in 2017 to 7.3 per cent in 2018, largely due to the decrease in the number of unemployed persons; (ii) the unemployment rate for men fell from 9.2 per cent in 2017 to 7.4 per cent in 2018, while the women's unemployment rate dropped from 8.6 per cent to 7.2 per cent; and (iii) the youth unemployment rate decreased from 19.4 per cent in 2017 to 16.2 per cent in 2018. The Committee also takes note of the Government’s indication that the data and the trends identified in this study will serve to help policymakers, administrators, researchers and entrepreneurs to further improve and refine their policy regarding the labor market. Nevertheless, noting that the Government does not provide information responding to the Committee’s previous comments, it reiterates its request that the Government provide detailed information, including statistics, on the activities carried out by the employment service and to indicate the manner in which it ensures the best possible organization of the employment market, in accordance with Article 1(2) of the Convention. The Committee also reiterates its request that the Government provide information on the measures taken to secure effective cooperation between the public employment service and private employment agencies (Article 11), as well as on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the offices (part IV of the report form).

C094 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 2, 4 and 5 of the Convention. Contractual provisions. Inspections and sanctions. Application of the Convention in practice. In its previous comments, the Committee reiterated its request that the Government take the necessary measures to give effect to the core requirement of the Convention, namely the insertion in public contracts of labour clauses of the type prescribed by Article 2, and to transmit copies of standard bidding documents currently in use, sample tender letters and concession agreements, as well as the tender instructions used in recent procurement operations, to enable the Committee to better understand the manner in which the Convention is implemented in law and in practice. The Committee notes that the requested documents are not included in the Government’s report. It further notes that the Government does not provide information on measures taken or envisaged to give effect to the core requirement of the Convention. The Government refers to its past reports, indicating that no changes have been made to legislation during the reporting period. Nevertheless, the Committee notes the initiative taken by the Government to introduce the Procurement Ordinance (Aanbestedingsverordening) that will update the existing public procurement legislation. In this regard, the Committee refers to the International Monetary Fund’s 2021 country report on Aruba (IMF Country Report No. 21/81), which indicates that the, “Aruban authorities are developing a Procurement Ordinance that will improve transparency, particularly by specifying the circumstances when variations will be permitted to projects and establishing an e-procurement system”. Noting that the Committee has been commenting for several years on the Government’s failure to give effect to the Convention, the Committee expresses the hope that the Government will take the opportunity presented by the development of the Procurement Ordinance to bring its national legislation into full conformity with the provisions of the Convention, particularly with respect to: the determination of the terms of the labour clauses to be included in public contracts to which the Convention applies, after consultation with the organizations of employers and workers concerned (Article 2(3)); the dissemination of the labour clauses, by advertising specifications or otherwise, so that tenderers are aware of the terms of the clauses (Article 2(4)); and the establishment and implementation of a system of inspection and adequate sanctions, by the withholding of contracts or of payments due, for failure to apply the provisions of labour clauses (Article 5). The Committee requests the Government to keep the Office informed of progress made and recalls that the Government can avail itself of the technical assistance of the ILO in this regard, should it wish to do so.

C095 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

New legislation adopted. The Committee notes that a new Civil Code has entered into force on 1 September 2021.

Article 4 of the Convention. Partial payment in kind. The Committee notes that section 617(1) of the Civil Code allows the payment of wages in kind, including: (i) goods suitable for the personal use of the employee and his housemates, with the exception of alcoholic beverages and other substances which are harmful to health; (ii) the use of a dwelling, as well as its air cooling and the use of water, gas and electricity; and (iii) services, facilities and activities to be carried out by or on behalf of the employer, such as education, board and lodging. The Committee notes that section 617(2) of the Civil Code provides that these goods, services, and facilities may not be given a higher value than that which corresponds to their actual value. The Committee further notes that section 657b (1) of the Civil Code prescribes that insofar as wages are fixed in terms of accommodation, board, or other necessities of life, the employer shall be obliged to pay this according to local custom, provided that it is in accordance with the requirements of health and morality. The Committee observes that none of these provisions specify whether the payment of wages in kind is only partially allowed or could reach the total amount of the wages. The Committee recalls that Article 4(1) of the Convention provides that national laws or regulations may authorize the partial, and not the total, payment of wages in the form of allowances in kind. The Committee further recalls that under Article 4(1) of the Convention national laws or regulations may authorise the partial payment of wages in the form of allowances in kind only in industries or occupations in which payment in the form of such allowances is customary or desirable because of the nature of the industry or occupation concerned. The Committee therefore requests the Government to indicate how it ensures that payments of wages in kind meet the requirements of Article 4 of the Convention.

Articles 11, 12(2) and 15(d). Protection of workers’ claims in the event of bankruptcy or judicial liquidation. Final settlement upon termination of contract. Maintenance of payroll records. The Committee notes that the Civil Code does not seem to contain provisions giving effect to these provisions of the Convention. The Committee requests the Government to indicate how it ensures full compliance with these requirements of the Convention.

C121 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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.

Article 8 of the Convention. List of occupational diseases. The Committee once again hopes that the Legislative Decree No. GT 6 of 1996 will soon be amended so as to complete the national list of occupational diseases with the new diseases contained in the list of occupational diseases of the Convention, as amended in 1980, which has been accepted by Aruba.

Article 10(1). Domiciliary visits. The Government indicates in its report that, in spite of not being expressly provided for by national legislation or in the contract between the compulsory sickness insurance (AZV) and general practitioners, doctors undertake domiciliary visits at their discretion depending on the state of the patient. Such visits are paid to patients in accordance with the general guidelines provided by the Association of Dutch General Practitioners (NHG). Please provide a copy of the general guidelines and confirm that, in case of employment injuries, domiciliary visits are free of charge for the patients.

Article 16. Constant help or attendance of another person. The Committee notes the Government’s indication that it will give due consideration to the possibility of introducing provisions for increments in periodical payments or supplementary or special benefits for injured persons requiring the constant help or attendance of another person. The Committee hopes to be informed of any measures taken or envisaged in this respect.

Article 21. Review of the rates of cash benefits. In reply to the Government’s request regarding how the term “substantial changes” should be understood, the Committee wishes to point out that the Convention leaves it to national legislation to define what “substantial changes” should trigger the review mechanism in relation to national circumstances so as to maintain the purchasing power of benefits over a long-term period. The Committee hopes that the Government’s next report will contain information concerning the measures taken or envisaged with a view to introducing the regular adjustment of the rates of employment injury cash benefits following substantial changes in the general level of earnings and in the cost of living.

Article 22(1)(e). Serious and wilful misconduct. Referring to its previous comments, the Committee once again invites the Government to issue, in line with this provision of the Convention, appropriate instructions to the authority applying sanctions in case of serious negligence of the beneficiary under section 7, subsection 1(a), of the 1966 Disability Insurance Act No. GT 26, to authorize suspension of benefits only where the occupational accident or illness has been caused by such serious negligence, which may be qualified as wilful.