Labour Overview – Curacao
Employees to whom the Labor Regulation 2000 (Arbeidsregeling 2000) applies, are employees who earn less than a certain annual income. Distinction is made between schedule workers and non-schedule workers. Schedule workers are employees who work in accordance with a recurrent schedule (timetable) outside of regular office hours. Scheduled and non-scheduled workers have different provisions re working hours, periods of rest and breaks.
As of 1 January 2012, the minimum wage is ANG 7.68 (approximately USD 4.2) per hour for employees who are 21 years or older.
All employees are entitled to an amount of vacation days per year equal to at least three times the contracted number of working days per week.
When terminating employees, there are generally four ways to terminate an employment agreement:
Termination by giving notice.
Termination by mutual consent
Dissolution of the employment agreement by the Court of First Instance of Curacao.
Immediate termination of the employment agreement, due to an urgent reason, justifying an immediate termination.
When an employment agreement is terminated by giving notice, the amount of notice is related to the employee’s years of service, is as follows:
1 month’s notice for employees with less than 5 years’ service;
2 months’ notice for employees with 5-10 years’ service;
3 months’ notice for employees with 10-15 years’ service;
4 months’ notice for employees with more than 15 years’ service
Where an employment agreement is terminated through no fault of the employee’s, a one-time payment (known as “cessantia”) may be due to an employee who has completed at least one year of service. The payment is based on years of service and the employee must claim it within one year of termination of the agreement.