Symposia "Changes in Aruban Labor Regulations. Are you prepared?"
In 2013 Medwork in cooperation with HBN Law organized 3 symposia elaborating on the changes in the Aruban Labor Regulations. These symposia guided the audience you through the legal changes and provided them with views from guest speakers on the effects of this overhaul of our Labor Regulations.
Below you will find the contents of the 3 symposia organized by Medwork in 2013.
A business symposium for directors and managers in corporate and non-profit organizations and for leaders in the human resources departments.
Which symposium to attend ?
Symposium 1 - Changes in the Civil Code :
As a result of the many social and economic developments that have occurred in our modern society during the last decades, the labor law regulations in the Civil Code became outdated and/or did not address certain issues. For example, topics like the “on call”-contract, the reaching of the pensionable age and maternity leave do now have their own stipulations within the Civil Code. In addition articles of law have been implemented that see to administrative obligations of the employer and the employee’s rights in case of the acquisition of a company. Existing articles of law stipulating the regulations of, for example, the safety at the workplace or the termination of a labor agreement have been extended. As a result thereof, companies’ handbooks, rules and regulations and/or policies might need some adjustment. This symposium will be helpful to identify and list the possible necessity of those adjustments.
Symposium 2 - New Labor Ordinance :
The previously existing Labor Ordinance, just like the Civil Code, needed an update as a result of social and economic developments. The new Labor Ordinance introduces some new definitions of actors and phenomena within the labor law. Also, the most important subjects that have been amended are the maximum working hours per week and the resting hours per day, the restricted possibility to deviate and the terms thereto. Similar restrictions and amendments are included with respect to the maximum number of allowed over time hours and the percentages applicable to overtime payment, with a distinction between regular employees and employees working in shifts. In addition the new Labor Ordinances codifies the previous practice with regard to overtime meals and transport compensation. Separate articles of law have been inserted that stipulate the regulations applicable to the working of night shifts as well as varying provisions concerning working hours, resting time and overtime for (domestic) house keepers. Another important subject that underwent changes concerns the labor lists and the various obligations of the employer with respect thereto towards both the employees and the Labor Department. This symposium will be helpful to identify and list the possible necessity to adjust working schedules in order to comply with the mandatory resting hours and maximum working hours respectively overtime hours as well as the additional labor conditions that apply to employees working overtime of shifts.
Symposium 3 - Manpower Provision Ordinance :
Temporary employment agencies were previously not regulated in Aruban law. The Manpower Providing Ordinance provides a clear definition as well as the restrictions under which these agencies are allowed to operate and provide manpower. These restrictions will be of great impact to the hirer as well. For example, the law imposes a maximum period during which the employee can be hired by means of a temp agency. Also, the obligatory wages for the temp employee will be linked to the wages within the hiring company, which might cause the costs of hiring to raise. Besides the Manpower Providing Ordinance, the new Ordinance of Administrative Enforcement and the amendment of the Ordinance on Minimum Wage will form topic during this symposium. The Ordinance of Administrative Enforcement forms the legal basis of the Minister of Labor’s authority to impose administrative sanctions against employers who violate the therein mentioned labor laws and/or Ordinances. The amendment of the Ordinance on Minimum Wage constitutes a new calculation of the wage elements to be included in order to determine the minimum wage. This amendment might necessitate an employer to evaluate its present payroll and the wage elements as stipulated in individual labor agreements.
The following guest speakers performed during these symposia;
Mr. Igmar J. Reyes, MSc. LLM - Director ATIA.
Mr. Enrique E. (Tito) de Cuba - Director Personnel Services
Mrs. Marlyn Maduro - Managing Director of FLEXO Manpower Services N.V