Laveist clears air on employment
permit fees, proposed increase
~ Hopes tripartite talks won’t be derailed ~
PHILIPSBURG--Labour Commissioner Louie Laveist hosted a press conference with Head of the Island Labour Department Rafael Boasman on Thursday to give clarity on his earlier statements as to who should pay the employment permit processing fees and the proposal to increase the fees that have generated much discussion in recent days.
Laveist said the proposed increase “wasn’t pulled out of his thumb” but had been part of the discussions in the tripartite committee comprising representatives of business, government and labour.
Boasman said the proposal for the increase in fees came hand-in-hand with the proposal to increase the period for which employment permits would be issued.
Based on complaints from employers about the tedious process they went through to file for their employees’ permits annually, it was suggested that the period be increased to “two or even three years.” It was also suggested that the NAf. 800 processing fee be adjusted to NAf. 1,600 for two years and NAf. 2,400 for three. This is still a proposal and under discussion.
“The processing fee, as regulated in the law, presently is NAf. 800 for a non-managerial function, and that is for a period of one year. You would have to then reapply and pay another NAf. 800 for another year. The Commissioner is looking at the possibility that … you pay NAf. 1,600 and get the permit for two years,” said Boasman in explaining the concept for the increase.
Both Boasman and Laveist said members of the business community, including representatives of the St. Maarten Hospitality and Trade Association (SHTA) and the St. Maarten Chamber of Commerce, both part of the tripartite committee, were aware of the proposed increase.
Boasman said the committee met regularly and had smooth discussions. He said too that the issue of the labour market policy that is being discussed in the tripartite committee had been raised by Commissioner Sarah Wescot-Williams at an earlier Executive Council press briefing and was nothing new.
Members of the press were also provided with the excerpts from the Federal Ordinance on the Employment of Foreign Labour dealing with the payment of the fees. Article 5 sub 4 of the ordinance states that “the petitioner” is responsible for the payment of the fees of NAf. 1,500 for someone to function in a managerial capacity and NAf. 800 for all other positions. The ordinance says the permit is petitioned by the employer.
The processing fee for employment permits has been in place since 2003. Boasman said each island had been given the authority to set a fee based on its labour situation. He said sanctions hadn’t been instituted at the time for employers who failed to adhere to the ordinance, so neither the Labour Department nor the Prosecutor’s Office could penalise an employer for not paying the fee.
Laveist said laws should be very clear and he had started to look into the possibilities of adding an “administrative sanction” to ensure compliance by employers. Boasman said Laveist was “totally correct” when he stated that employers should pay the fees, noting that he had been alluding to “the possible abuse of workers” who were being “forced, pressured or threatened” to pay the fee.
Laveist said he thought his earlier statements on these two issues had been blown out of proportion in the press and had reached a stage where “it bordered on character assassination.” He said his statements had been made based on a question asked by a member of the press during an earlier Executive Council press briefing.
“I find it unfortunate that the fact that I shared this information and was being transparent, my character is being questioned and being assassinated. I regret that very much. I hold no malice against the (news)papers; for me it’s water under the bridge.”
He also expressed hope that the tripartite talks wouldn’t be undermined, as mentioned by SHTA in a press release on Wednesday.
