Employment law is very comprehensive, but it is important for the entrepreneur to take into account this comprehensive legislation, especially when he employs an employee, to know how to treat this employee, and also to ensure that the employee knows his rights.

 

Lawyer Karina Keizer of law firm VanEps Kunneman VanDoorne specializes in inter alia employment cases.

Karina Keizer has been working at this firm almost three years. Employment law is a current topic. Therefore, many proceedings are related to the topic of employment law. This firm handles many advisory cases before taking a matter to court.

 

 

Very specific

Employment law is very specific, and many employment issues are provided for by law. Some people think that employment law only consists of the law on dismissal, but it provides for many other matters. Karina Keizer explains that it is not possible to dismiss a person without a valid reason, nor is it possible to suspend a person without a valid reason for the suspension. Collective agreements law also is a very interesting and current topic on which the firm VanEps Kunneman VanDoorne gives advice. When the employee and employer have a dispute, the firm advises to approach a law firm before this dispute gets out of control. It is advisable for both parties to learn about their rights first to avoid having to take the matter to court.

 

Employment law is up-to-date

Our employment law is more or less equal to that of the Netherlands, meaning that our employment law is up-to-date and has only been adjusted to the system of Curaçao. Karina Keizer explains that the basis of our employment law is the same as in the Netherlands, and that the employee is very well protected. Employment law protects the employee more than the employer, because the employee’s position is weaker, in general. This is a choice our community has made to protect the employee as much as possible. Pursuant to legislation, inter alia minimum wages, vacation, overtime, and many other things should be taken into account.

 

Record everything in writing

There are many things to be taken into account by the entrepreneur/employer when employing a person. Karina Keizer explains that he should consider whether he will employ an employee for a definite or an indefinite period. If he employs the employee for an indefinite period, this person cannot be dismissed just like that, without having a permit issued by the Directorate of Labor Affairs or taking the matter to court, for instance. This is different in case of a contract for a definite period, although it should be really clear that a contract for a definite period is also bound by rules. According to Karina Keizer, it is very important for the entrepreneur/employer to take into account that he properly records everything in writing. Put everything down on paper, both the good and the bad. There is a tendency of not even recording the employment contract in writing in Curaçao. If a case is taken to court, the arrangements made in writing should be proven. Karina Keizer refers here to the protection of the employee. If a case is taken to court, the employee’s word will surely carry more weight, if the employer cannot prove the arrangements made by means of documents. Even discussions with an employee should be recorded in writing. Bring his file, put everything in it, and let the employee sign for everything that has been put down on paper. It is important to sit with the employee during a performance review to let him know what is good and what is less good and to record this in writing as well. Talk and keep talking. In case of disputes, remember to let the employee express his views as well. If the employer is not satisfied with the employee, he should remember to let him express his views as well and to record everything in writing. In addition, it is advisable to have people be present at the conversation, so that there are witnesses.

 

Make the entrepreneur aware

Karina Keizer says that the firm VanEps Kunneman VanDoorne offers various areas of expertise. And employment law is one of the areas the firm specializes in. The law firm also has offices in Aruba, Bonaire, and Sint Maarten, and there is someone in charge of employment law in all these islands. In addition to this, according to Karina Keizer, the firm organizes lectures and presentations, inter alia at the Chamber of Commerce itself and at important clients, foundations, etc. Many people do now know what the employment law rules imply precisely. Almost all topics are provided for in employment law, according to Karina Keizer.

 

The road to the court

Court cases differ greatly, but arriving at a solution before taking a case to court always is the aim. Court proceedings take time, involve different costs (court fees, attorney’s fee), and it cannot be predicted what the judge will decide. Therefore, it is preferred that parties talk and reach an extrajudicial agreement. Sometimes there is no other solution than taking the case to court. Everything depends on the reason behind the problem between the employee and the employer. Many cases are taken to court, according to Karina Keizer, especially if it concerns a summary dismissal. The employee often disagrees, and therefore cases end up in court. Therefore, it is important for the employer to properly record everything in writing, according to Karina Keizer. She repeats that the employer in Curaçao often works based on trust and does not put down everything on paper, whereas it is not that difficult for the employee to understand that not only bad things but also good things about him are recorded in writing. Do not wait to do so, until something happens that forces the employer to take notice.

 

Assisting an unproductive employee

If employees do not perform properly, it is difficult to dismiss them. In such a situation, it is advisable, taking into account the duration of the period the person has been working there, to help him and to assist him in producing more. In this respect, Karina Keizer is of the opinion that a contract for a definite period could be a good compromise, because the work of the employee can then be assessed better. During the trial period of two months, it often is not possible to assess the employee properly.

 

Prevention is better than cure

Insofar as Karina Keizer is concerned, prevention is better than cure, and therefore it is advisable for the employer to discuss the performance of the employee and to record all assessment interviews they have in writing. Seek advice from a law firm before taking drastic measures. The website of VanEps Kunneman VanDoorne has a booklet on employment law that can be downloaded. In this way, this firm also contributes to the provision of information.

 

 

(Source: Empresa Chiki, April 2013)