When Did Being Sick Become a Luxury?

Dear Editor,

Sint Maarten has a history of workers having to fight for their labour rights, and once again I find myself asking: Why are our labour laws so unclear, and why does Parliament continue to allow it?

We previously had the yellow card system, where it was clear that an employee could be sick for one or two days. That system was removed, and today private employers have far more room to decide whether an employee will be paid for those sick days.

Why?

The law states that an employee does not receive wages during sickness when the employment contract specifically states that the employee has agreed not to be paid for sick days. But let's be realistic. How many people looking for work are in a position to tell a potential employer, “I don't agree with that clause; I want my sick days paid”?

Especially when an employer knows nothing about the health history of a potential employee, why would we expect businesses to voluntarily give employees a protection that Parliament itself refuses to clearly guarantee?

That is exactly why we have labour laws.

Parliament's job should be to establish clear minimum protections for workers, not leave basic rights open to negotiation between two parties who clearly do not have equal bargaining power.

We constantly hear about poverty and the high cost of living in Sint Maarten. So do our lawmakers genuinely believe the average worker can afford to lose one or two days of wages simply because they became sick?

And yes, the previous system was abused. Some employees took advantage, and some doctors handed out doctor's letters far too easily. But if certain doctors are abusing the system, deal with those doctors. Investigate them. Fine them. Establish consequences.

Why is the solution instead to leave every private-sector worker with less protection?

Parliament should introduce a clear law guaranteeing private-sector employees a minimum number of paid sick days per year — whether that is 15, 20, or whatever number is determined to be reasonable. Put safeguards in place to prevent abuse, but stop allowing employers to effectively determine whether workers can financially afford to be sick.

And perhaps clearer laws would also mean fewer labour disputes and fewer employers and employees ending up in court because everyone interprets the law differently.

Members of Parliament, this is what legislation is for.

Workers should not need a lawyer to understand whether they will be paid when they are sick. Employers should not be left to create their own interpretation either.

Stop leaving these gaps for workers to fight over after the damage has already been done.

We elect Parliament to make laws that protect the people of Sint Maarten. So instead of continuously talking about poverty, the cost of living and protecting our people, put legislation in place that actually does it.

Being sick is not a choice.

And in Sint Maarten, it should not be a luxury either.

By Anonymous

(𝐃𝐢𝐬𝐜𝐥𝐚𝐢𝐦𝐞𝐫 𝐨𝐧 𝐋𝐞𝐭𝐭𝐞𝐫𝐬 𝐭𝐨 𝐭𝐡𝐞 𝐄𝐝𝐢𝐭𝐨𝐫 - 𝘛𝘩𝘦 𝘗𝘦𝘰𝘱𝘭𝘦’𝘴 𝘛𝘳𝘪𝘣𝘶𝘯𝘦 𝘸𝘦𝘭𝘤𝘰𝘮𝘦𝘴 𝘭𝘦𝘵𝘵𝘦𝘳𝘴 𝘵𝘰 𝘵𝘩𝘦 𝘦𝘥𝘪𝘵𝘰𝘳 𝘢𝘴 𝘱𝘢𝘳𝘵 𝘰𝘧 𝘰𝘶𝘳 𝘤𝘰𝘮𝘮𝘪𝘵𝘮𝘦𝘯𝘵 𝘵𝘰 𝘰𝘱𝘦𝘯 𝘥𝘪𝘢𝘭𝘰𝘨𝘶𝘦 𝘢𝘯𝘥 𝘥𝘪𝘷𝘦𝘳𝘴𝘦 𝘱𝘦𝘳𝘴𝘱𝘦𝘤𝘵𝘪𝘷𝘦𝘴. 𝘚𝘰𝘮𝘦 𝘭𝘦𝘵𝘵𝘦𝘳𝘴 𝘮𝘢𝘺 𝘢𝘱𝘱𝘦𝘢𝘳 𝘶𝘯𝘥𝘦𝘳 𝘢 𝘱𝘦𝘯 𝘯𝘢𝘮𝘦 𝘢𝘵 𝘵𝘩𝘦 𝘳𝘦𝘲𝘶𝘦𝘴𝘵 𝘰𝘧 𝘵𝘩𝘦 𝘢𝘶𝘵𝘩𝘰𝘳. 𝘐𝘯 𝘢𝘭𝘭 𝘴𝘶𝘤𝘩 𝘤𝘢𝘴𝘦𝘴, 𝘵𝘩𝘦 𝘢𝘶𝘵𝘩𝘰𝘳’𝘴 𝘵𝘳𝘶𝘦 𝘪𝘥𝘦𝘯𝘵𝘪𝘵𝘺 𝘪𝘴 𝘧𝘶𝘭𝘭𝘺 𝘷𝘦𝘳𝘪𝘧𝘪𝘦𝘥 𝘢𝘯𝘥 𝘬𝘯𝘰𝘸𝘯 𝘵𝘰 𝘵𝘩𝘦 𝘌𝘥𝘪𝘵𝘰𝘳 𝘱𝘳𝘪𝘰𝘳 𝘵𝘰 𝘱𝘶𝘣𝘭𝘪𝘤𝘢𝘵𝘪𝘰𝘯. 𝘞𝘦 𝘮𝘢𝘪𝘯𝘵𝘢𝘪𝘯 𝘴𝘵𝘳𝘪𝘤𝘵 𝘦𝘥𝘪𝘵𝘰𝘳𝘪𝘢𝘭 𝘰𝘷𝘦𝘳𝘴𝘪𝘨𝘩𝘵 𝘵𝘰 𝘦𝘯𝘴𝘶𝘳𝘦 𝘵𝘩𝘢𝘵 𝘢𝘭𝘭 𝘴𝘶𝘣𝘮𝘪𝘴𝘴𝘪𝘰𝘯𝘴 𝘮𝘦𝘦𝘵 𝘰𝘶𝘳 𝘴𝘵𝘢𝘯𝘥𝘢𝘳𝘥𝘴 𝘰𝘧 𝘢𝘤𝘤𝘶𝘳𝘢𝘤𝘺, 𝘧𝘢𝘪𝘳𝘯𝘦𝘴𝘴, 𝘢𝘯𝘥 𝘳𝘦𝘴𝘱𝘦𝘤𝘵. 𝘛𝘩𝘦 𝘰𝘱𝘪𝘯𝘪𝘰𝘯𝘴 𝘦𝘹𝘱𝘳𝘦𝘴𝘴𝘦𝘥 𝘪𝘯 𝘴𝘶𝘣𝘮𝘪𝘵𝘵𝘦𝘥 𝘭𝘦𝘵𝘵𝘦𝘳𝘴 𝘢𝘳𝘦 𝘵𝘩𝘰𝘴𝘦 𝘰𝘧 𝘵𝘩𝘦 𝘢𝘶𝘵𝘩𝘰𝘳 𝘢𝘭𝘰𝘯𝘦.)

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