Learn about the legal processes for employee termination and severance in Sint Maarten (Dutch Part)
In Sint Maarten (Dutch Part), the minimum statutory notice period for terminating employment contracts is outlined in Article 7:668a of the Civil Code. The required notice period is dependent on the employee's length of service.
For employees with less than 5 years of service, a one-month notice is required. If the employee has served between 5 years to less than 10 years, a two-month notice is necessary. For those who have served between 10 years to less than 15 years, a three-month notice is required. Finally, for employees with more than 15 years of service, a four-month notice is required.
These are minimum requirements. The employment contract can stipulate a longer notice period, but the employer's notice period must be at least double the employee's notice period. The notice period applies in both directions. Employees are generally required to work during their notice period unless the employer relieves them of their duties.
There are limited exceptions where notice periods may not apply, such as termination due to gross misconduct by the employee. However, employers should consult with legal counsel before terminating employment without notice.
In Sint Maarten (Dutch Part), the Civil Code of Sint Maarten (Burgerlijk Wetboek van Sint Maarten) governs severance pay. Employers are legally required to provide severance pay in certain situations when an employment contract is terminated.
To be eligible for severance pay, an employee must have worked with the employer for a minimum of two years. The calculation of severance pay is based on the employee's length of service and their most recent weekly wage. The formula for calculating severance pay in Sint Maarten is as follows:
Severance pay is generally due to the employee if the termination meets one of these conditions:
There are certain situations where an employee is not entitled to severance pay. These include:
In Sint Maarten (Dutch Part), the termination of an employment contract must comply with the regulations outlined in the Civil Code of Sint Maarten (Burgerlijk Wetboek van Sint Maarten), specifically Book 7, Title 10. There are several methods by which employment can be terminated under Sint Maarten law:
Employer-Initiated Termination requires the employer to provide written notice to the employee. The required notice period varies based on the length of the employee's service. Employee-Initiated Termination allows an employee to initiate termination by providing written notice to the employer. The required notice period for employees is typically one month.
Urgent Reasons for Termination allow an employer to apply to the Department of Labor Affairs to terminate a contract without notice if they substantiate an urgent reason for doing so. Similarly, an employee can petition the Department of Labor Affairs for termination without notice in the case of an urgent reason attributable to the employer.
For Other Termination Reasons, if an employer wishes to terminate an employment contract for reasons other than an urgent cause, they must submit a request for permission to the Department of Labor Affairs. The Department will then consider the circumstances and may grant permission.
The employer and employee may mutually agree, in writing, to terminate the employment contract.
Either the employer or employee may petition the Court of First Instance of Sint Maarten to dissolve the employment agreement if sufficient grounds for dissolution exist.
The Civil Code of Sint Maarten (Burgerlijk Wetboek van Sint Maarten) provides the legal framework for these processes in Book 7, Title 10, Sections 7A:1615a to 7A:1615r.
Specific regulations and requirements may apply for fixed-term contracts or collective dismissals.
We're here to help you on your global hiring journey.