WILLEMSTAD – Workers in Curaçao’s aviation, maritime, and port sectors should no longer be excluded from standard labor protections, according to a new advisory issued by the Social Economic Council (SER). The council argues that longstanding exemptions in labor law are outdated and no longer justified, and has urged Parliament to bring these sectors fully under the general labor regulations.
When the Labor Regulation 2000 (Arbeidsregeling 2000) was introduced, lawmakers chose to exempt work in aviation, shipping, and ports from rules governing working hours, rest periods, overtime, and work on public holidays. At the time, the nature of these sectors was considered exceptional due to irregular schedules, night work, and international operations. Additional arrangements, such as collective labor agreements and specific safety regulations for flight crews, were seen as sufficient alternatives to general labor law.
Outdated and Unequal Protection
In its advisory dated December 10, the SER states that this approach has become outdated and has led to unequal labor protection. According to the council, employees in these sectors are often only protected if they fall under a collective labor agreement. Workers who are not unionized or covered by such agreements lack statutory guarantees, which the SER says conflicts with the principle of equality enshrined in Curaçao’s Constitution and with international labor standards.
The advisory responds to a legislative initiative submitted by Members of Parliament Giselle Mc William and Susanne Camelia-Römer of MAN-PIN. Their proposal aims to eliminate the current exemptions and place workers in aviation, ports, and shipping under the general provisions of the Labor Regulation 2000.
If adopted, the amendment would grant these workers legal protection regarding working hours, rest periods, overtime compensation, and work on public holidays. At the same time, labor performed aboard foreign ships and aircraft would remain outside Curaçao’s jurisdiction, while flight crew members would continue to be subject to specific safety-related rules governing work and rest times.
Higher Labor Costs Expected
The SER describes the proposal as legally sound and socially responsible, but notes that labor costs are likely to increase. Employers would be required to pay more for overtime and holiday work. According to the council, these costs are manageable and would align Curaçao with other Caribbean countries where similar labor protections are already in place.
The council argues that the change would shift competition away from low labor costs toward quality, productivity, and safety.
Careful Implementation Needed
The SER emphasizes that careful implementation will be crucial. The Labor Inspectorate should be strengthened with sector-specific expertise, and the new rules should be introduced gradually. The council recommends an initial phase focused on information and guidance, followed by stricter enforcement. Evaluations after one and two years should determine whether the new legislation is functioning effectively in practice.
At the same time, the SER cautions that the proposed amendment will not eliminate all inequalities within Curaçao’s labor law. Other exemptions, such as those affecting on-call work and the hospitality sector, would remain in place. For that reason, the council views the proposal as an important and necessary step, but not the final stage, in the broader reform of labor legislation on the island.