Guide to Doing Business
in St. Maarten
Besides the Civil Code of St. Maarten that prescribes that the employer has the obligation to do all that is necessary to ensure the safety of its employees, the Safety Ordinance (Veiligheidslandsverordening) also contains specific safety regulations that need to be complied with.
An employer is obligated to provide for a safe working environment for the employee, so that the employee is protected against harm, as much as can reasonably be expected taking into account the work to be performed by the employee. In the event an employer does not take such measures and the employee has an accident during working hours, the employer is in principle liable for the damages suffered by the employee, unless the employer can prove that due to circumstances beyond his control the measures were not taken, or that the damages suffered by the employee can mainly be attributed to the employee’s own grave fault. The employer is furthermore not liable in the event of intent or conscious negligence on the part of the employee.