Thursday , December 7 2023

Appointment mediators Labour disputes Law1946 BES

The Labour disputes Law 1946 BES, which on 10-10-10 replaced the “old” Netherlands Antilles federal decree, knows the function mediator. This function has so far not been filled. In agreement with the Ministry of Social Affairs and Employment, The Kingdom Representative has now appointed of a mediator.
For the work area Bonaire is appointed: Mr. A. Pontilius
For the work area St. Eustatius and Saba is appointed: Mr. R. Boasman.
During absence the mediators can perform tasks in each other’s work area.

Core of the Labour disputes Law 1946 is resolution through mediation.  If there is a dispute, which threatens to give rise to a strike involving 25 employees or more, employers and/or employees or board members of their labour union involved in the dispute are required to seek the intervention of the mediator. If less than 25 workers are involved, the involvement of a mediator is then optional.

Also during the realization of a Collective Labour Agreement (CLA) there could be a role for the mediator. He provides mediation on request of the employer or the board of the labour union in the negotiations about entering into a Collective Labour Agreement (CAO).

The mediator also has a role in determining the representation of workers ‘ representatives in negotiations with their employer. He can also at the request of the employer or the board of the labour union hold a referendum among workers in a company to determine which labour union has been appointed by the majority to represent them.

The jurisdiction of the mediator is limited to the business sector. He has no task in the public sector. Mr. Pontilius and Mr. Boasman are well known in the function of mediator. Mr. Pontilius is the country mediator of Aruba and Mr. Boasman performs this function in St. Maarten.

If parties would like to call on the mediator this can be done through the RCN-unit SZW on Bonaire, St. Eustatius and Saba to the attention of Mr. M. Eustachia, email, telephone no. 715-8371

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