ST. MAARTEN CHAMBER OF LABOR UNIONS (SMCLU) GOVERNING INSTRUMENTS Constitution Bylaws Annex I – Representativity Agreement Annex II – External Representation Register & Rotation Schedule Annex III – SER Representative Code of Conduct Prepared for adoption by the founding member unions of the SMCLU St. Maarten

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 3 TABLE OF CONTENTS Constitution of the St. Maarten Chamber of Labor Unions (SMCLU) .................. 3 Bylaws of the St. Maarten Chamber of Labor Unions (SMCLU) .................. 13 Annex I - Representativity Agreement .................. 19 Annex II - External Representation Register & Rotation Schedule .................. 26 Annex III - SER Representative Code of Conduct .................. 27

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 4 CONSTITUTION OF THE ST. MAARTEN CHAMBER OF LABOR UNIONS (SMCLU) PREAMBLE We, the undersigned autonomous labor unions operating within St. Maarten, recognizing the fundamental importance of unity, solidarity, social dialogue, collective representation, equality, democracy, transparency, good governance, and the protection and advancement of workers’ rights; Recognizing that workers are best served when their representative organizations are able, where appropriate, to speak collectively on matters of national labor policy, social and economic development, employment, working conditions, social protection, occupational safety and health, and other matters affecting the workforce of St. Maarten; Acknowledging the request and expectation of the Government of St. Maarten that organized labor establish an effective mechanism through which labor unions may deliberate collectively and, where agreement has been reached, communicate positions representative of organized labor; Recognizing further that there are presently seven labor unions known to be active within the labor market of St. Maarten, namely: 1. The Windward Islands Civil Servants Union - Private Sector Union (WICSU-PSU); 2. The Windward Islands Teachers Union (WITU); 3. The Nationale Algemene Politie Bond (NAPB); 4. The Windward Islands Health Care Union Association (WIHCUA); 5. Algemene Bond van Overheidspersoneel (ABVO); 6. St. Maarten Communication Union (SMCU); and 7. Workers Institute for Organized Labor (WIFOL). Noting that WICSU-PSU, WITU, NAPB, and WIHCUA have agreed to establish this Chamber in the collective interest of workers, while ABVO, SMCU, and WIFOL have, at this time, not elected to participate; Affirming that the establishment of the Chamber shall not prevent any eligible labor union from subsequently applying for membership, provided that such union accepts the Constitution, Bylaws, Representativity Agreement, financial obligations, and other lawful decisions governing the Chamber; Recognizing that the Chamber is an additional collective labor body that gives particular recognition and priority to workers and unions in the private sector, semi-private sector, and Government-subsidized sector, whose employment relationships are primarily governed by the Civil Code and other applicable labor legislation; Recognizing separately that representation within the Committee of Civil Servants Unions (CCSU) concerns civil servants and public-sector employment relations governed by the National Ordinance on Substantive Civil Servants Law (LMA), together with applicable National and Country Ordinances, statutes, general measures of administration, regulations, and other public-service legal instruments; Affirming also that every participating union retains its individual identity, legal personality, autonomy, membership, assets, internal governance, collective bargaining rights, and authority to represent its own members; We therefore establish the St. Maarten Chamber of Labor Unions, hereinafter referred to as the SMCLU or the Chamber, as a collective body through which participating labor unions may cooperate, consult, develop common positions, and represent the interests of workers at the national, regional, and international levels. ARTICLE 1 - NAME AND LEGAL STATUS 1.1 Name The organization shall be known as the St. Maarten Chamber of Labor Unions (SMCLU).

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 5 1.2 Legal Personality The SMCLU shall be established and registered in accordance with the applicable laws of St. Maarten. 1.3 Registration The Chamber shall be registered with the Chamber of Commerce and Industry (C.O.C.I.) and shall obtain all registrations, permits, tax identification numbers, and other documentation required for its lawful operation. 1.4 Registered Office The registered office of the SMCLU shall be situated in St. Maarten at an address determined by resolution of the Board. ARTICLE 2 - FOUNDING UNIONS 2.1 Founding Unions The founding unions of the SMCLU are WICSU-PSU, WITU, NAPB, and WIHCUA. 2.2 Equal Institutional Status The founding unions shall enjoy equal institutional status within the Chamber. No founding union shall acquire greater decision-making authority merely because it has a larger membership than another founding union, except where this Constitution or applicable law expressly requires representation to be determined according to membership or representativity. ARTICLE 3 - OBJECTIVES The objectives of the SMCLU shall include: a. promoting unity and cooperation among labor unions in St. Maarten b. providing a structured platform through which participating unions may deliberate upon matters affecting workers c. developing common positions on national labor, social, economic, employment, public-service, and workforce matters d. representing organized labor in national consultative and advisory institutions where the Chamber has been recognized or invited to participate e. strengthening collective bargaining and meaningful social dialogue f. defending and promoting workers’ rights g. encouraging decent work, fair wages, safe working conditions, social protection, equality, and sustainable employment h. promoting education, professional development, trade-union capacity building, and leadership development i. organizing conferences, seminars, symposiums, workshops, training programs, research initiatives, and other activities beneficial to workers j. cooperating with national, regional, and international labor organizations and institutions k. contributing to national policy discussions affecting workers and their families l. promoting democratic trade unionism, transparency, accountability, and responsible representation m. facilitating coordinated representation on national councils, committees, boards, delegations, and consultative bodies n. undertaking research and collecting reliable labor-market information o. advocating for policies that improve the social and economic position of workers p. carrying out any lawful activity reasonably connected with these objectives

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 6 ARTICLE 4 - AUTONOMY AND SCOPE OF MEMBER UNIONS 4.1 Autonomy Membership in the SMCLU shall not diminish the legal or organizational autonomy of any member union. 4.2 Reserved Union Authority Each union shall retain exclusive authority over its membership, internal elections, constitution and bylaws, assets and liabilities, collective bargaining agreements, grievances and disputes involving its members, industrial action undertaken on behalf of its members, and any matter not expressly delegated to the SMCLU. 4.3 Non-Interference The Chamber shall not intervene in the internal affairs of a member union unless that union formally requests assistance or the matter directly affects the integrity, legal obligations, or collective interests of the Chamber. 4.4 Internal Union Matters No decision of the SMCLU shall automatically bind a member union on an internal union matter unless the member union has expressly agreed to be bound. 4.5 Broader Labor-Market Role The SMCLU recognizes and prioritizes collective representation of workers in the private, semi-private, and Government-subsidized sectors, particularly where employment relations are governed primarily by the Civil Code and general labor legislation. 4.6 CCSU Distinction The Chamber recognizes that CCSU representation is of a distinct public-service character and concerns civil servants and the legal framework governing them, including the LMA and all applicable National and Country Ordinances, statutes, general measures, regulations, and related public-service instruments. ARTICLE 5 - MEMBERSHIP AND ADMISSION 5.1 Eligibility Membership shall be open to legally established labor unions operating within St. Maarten that accept the objectives and governing instruments of the SMCLU. 5.2 Application An eligible union wishing to join shall submit a written application to the Secretary. 5.3 Acceptance Admission shall require approval by at least a two-thirds (2/3) majority of the eligible voting members of the Board. 5.4 Governing Instruments Upon admission, the union shall formally accept this Constitution, the Bylaws, the Representativity Agreement, applicable financial obligations, and lawful resolutions adopted by the Chamber. 5.5 Legal and Establishment Costs A union joining after the establishment of the SMCLU shall be responsible for its proportionate share of the legal and establishment costs incurred in creating and legalizing the Chamber, as determined by the Board. The Board may establish reasonable arrangements for payment.

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 7 5.6 Equality Once admitted and financially compliant, a union shall have the same institutional rights and responsibilities as other member unions, subject to transitional arrangements contained in the Representativity Agreement. ARTICLE 6 - GOVERNING STRUCTURE The governing organs of the SMCLU shall be the Congress, the Board, and the Executive Board. ARTICLE 7 - CONGRESS Congress shall be the supreme decision-making authority of the SMCLU. Each member union shall be entitled to equal representation at Congress. The date of elections shall be decided by Congress. An Ordinary Congress shall be convened no later than six (6) months following the election and legal installation of a new Board and thereafter at least once during each three-year Board term. An Extraordinary Congress may be convened by the President with approval of the Board, by a two-thirds (2/3) majority of the Board, or upon written request of at least one-third (1/3) of the financial member unions. Congress shall establish broad policies and priorities, consider Board reports and resolutions, approve constitutional amendments, review financial and organizational performance, decide the election date, and exercise authority assigned to it under this Constitution. ARTICLE 8 - THE BOARD The Board shall consist of a President, Vice President, Treasurer, Assistant Treasurer, Secretary, Assistant Secretary, Public Relations Officer, and Assistant Public Relations Officer. Board composition shall, as far as reasonably possible, reflect equal representation of the member unions. The Treasurer and Assistant Treasurer, Secretary and Assistant Secretary, and Public Relations Officer and Assistant Public Relations Officer shall in each case be from different unions. Elections shall take place every three (3) years on a date determined by Congress and in accordance with the Bylaws. The President shall serve a term of three (3) years and may serve a maximum of three (3) terms in total, whether consecutive or non-consecutive. ARTICLE 9 - EXECUTIVE BOARD The Executive Board shall consist of the President, Secretary, and Treasurer and shall be responsible for day-to-day operational and administrative affairs. It shall implement, and shall not override, policies and decisions of the Board or Congress. Matters of substantial policy, financial, constitutional, representational, or political significance shall be referred to the full Board. Executive Board decisions shall be reported at the next Board meeting. ARTICLE 10 - DUTIES OF OFFICERS 10.1 President a. serve as the principal representative and spokesperson of the SMCLU b. provide strategic leadership to the Chamber c. preside over Congresses and Board meetings d. ensure implementation of decisions of Congress and the Board e. promote cooperation among member unions and facilitate consensus f. represent the Chamber before Government, employers, national institutions, regional and international organizations, and other stakeholders g. protect the independence, integrity, reputation, and objectives of the Chamber h. ensure that no individual union is unfairly favored or disadvantaged i. ensure observance of the Constitution, Bylaws, Representativity Agreement, codes of conduct, and Board resolutions j. authorize official correspondence in accordance with established procedures

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 8 k. ensure that urgent matters are brought before the appropriate governing body l. coordinate the Executive Board m. present reports on Chamber activities and priorities to Congress n. perform other lawful duties associated with the office 10.2 Vice President a. assist the President b. perform the President’s functions during absence or incapacity c. undertake assignments delegated by the Board d. assist in coordinating committees and projects e. support relations among member unions f. serve as Acting President when required until the President resumes office or a vacancy is filled 10.3 Treasurer a. manage the financial administration of the Chamber b. maintain accurate financial records and bank accounts c. prepare financial reports, annual financial statements, budgets, and projections d. issue or oversee annual membership invoices and monitor contributions e. ensure authorized payments are made and properly documented f. maintain records of grants, sponsorships, donations, and project funding g. ensure applicable taxes, C.O.C.I. fees, annual Chamber fees, and other statutory obligations are paid on time h. cooperate with any authorized auditor or financial review 10.4 Assistant Treasurer a. assist the Treasurer b. perform the Treasurer’s duties during temporary absence or incapacity c. assist with reconciliations and records d. verify supporting documentation when requested 10.5 Secretary a. maintain administrative and corporate records b. prepare meeting notices and agendas with the President c. record and maintain minutes and resolutions d. maintain the official membership and representativity registers e. manage official correspondence and the Chamber calendar f. receive applications and official submissions g. ensure proper custody of governing instruments, registration documents, contracts, and official records h. present a Secretary’s Report at Board meetings 10.6 Assistant Secretary a. assist the Secretary b. perform the Secretary’s functions during temporary absence or incapacity c. carry out administrative duties assigned by the Board

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 9 10.7 Public Relations Officer a. coordinate public communications b. prepare press releases and public statements as authorized c. maintain media relations d. coordinate awareness activities and promote Chamber events e. support the public image of the Chamber f. ensure communications accurately reflect approved Chamber positions 10.8 Assistant Public Relations Officer a. assist the Public Relations Officer b. perform that office’s functions during temporary absence or incapacity c. carry out communications duties assigned by the Board ARTICLE 11 - MEETINGS During the first year following establishment, the Board shall ordinarily meet once per month to facilitate the development and proper regulation of the Chamber, unless the Board resolves otherwise. Thereafter, ordinary Board meetings shall be held quarterly. Urgent or extraordinary meetings may be convened whenever circumstances require. At ordinary meetings the Board shall receive, at minimum, the Secretary’s Report and Treasurer’s Report. Within two (2) weeks following the election and installation of the first Board, and each newly elected Board thereafter, the Board shall convene to establish its immediate priorities and work program. ARTICLE 12 - FINANCES The founding unions shall share equally the reasonable legal, registration, and establishment costs required to create and legalize the SMCLU. Each member union shall remit annually US$0.50 or XCG 1.00 per registered member, as applicable and determined by the Chamber. Contributions shall be calculated using registered membership for January 1 through December 31 of the preceding year. Certified membership figures are due January 15; invoices shall be issued by January 31 to the union’s official email with a copy to the Treasurer; and payment is due March 31. Failure to pay by March 31 incurs a one percent (1%) late fee. Following two written reminders and three months of non-payment after the deadline, the union shall be designated non-financial and temporarily lose voting rights. After three consecutive years of non-financial status without approved relief, the union may be deemed to have relinquished membership after written notice and an opportunity to be heard. A union may request exemption, reduction, deferment, or a payment arrangement due to an Act of God, pandemic, major economic disruption, or other extraordinary circumstance; approval requires a two-thirds (2/3) majority. ARTICLE 13 - BANKING AND FINANCIAL CONTROL The SMCLU shall maintain a bank account in its legal name. The President, Secretary, and Treasurer shall be the three authorized signatories, and all three must approve and sign transactions. The mandate shall be established on an “AND” basis and not an “AND/OR” basis. The Board shall be informed in advance of any proposed transaction exceeding XCG 500.00 (five hundred Caribbean guilders) before execution, unless the expenditure was previously and specifically authorized in an approved budget or Board resolution. All expenses shall be brought to the attention of the Board and supported by documentation. The Board may increase an authorized spending threshold through a detailed resolution stating the purpose, maximum amount, authorized person or body, effective date, and expiry date or terminating event. ARTICLE 14 - PROGRAMS, TRAINING AND FUNDING The Chamber may organize or facilitate conferences, symposiums, seminars, workshops, training programs, educational programs, professional development initiatives, research activities, and other activities intended to strengthen organized labor and improve the workforce. It may invite or engage qualified national, regional, or international professionals, specialists, trainers, consultants, or institutions.

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 10 The Chamber may seek grants, sponsorships, donations, project financing, and other lawful funding provided that the funding does not create a conflict of interest, its purpose and conditions are documented, the Chamber’s independence is not compromised, and the funds are properly recorded and accounted for. ARTICLE 15 - LABOR SYMPOSIUM The SMCLU shall organize a Labor Symposium on a biennial basis in accordance with the Bylaws. The Symposium shall rotate among member unions and, where practicable, highlight issues of particular relevance to the host union. The SMCLU shall contribute up to XCG 5,000.00 toward each approved biennial Symposium, subject to the approved budget and financial procedures. ARTICLE 16 - NATIONAL SOCIAL DIALOGUE The SMCLU shall seek structured quarterly consultations with the Minister responsible for Public Health, Social Development and Labor (VSA), or the Minister otherwise responsible for labor affairs, as part of the Chamber’s collective social dialogue and labor policy initiative. It may similarly establish consultations with other Ministries, institutions, employers’ organizations, and stakeholders. ARTICLE 17 - REPRESENTATIVITY Representation of the Chamber on national councils, committees, delegations, and consultative bodies shall be governed by Annex I - Representativity Agreement. This includes the Social Economic Council (SER), Tripartite Committee, Dismissal Committee, International Labour Conference (ILC), CCSU where legally and institutionally applicable, and other bodies. Representatives appointed through the Chamber shall, upon appointment, represent the collective interests of the SMCLU in accordance with the mandate governing that appointment and not solely the nominating union. ARTICLE 18 - CALENDAR OF EVENTS Proposed events and activities for the following calendar year shall be submitted to the Board no later than August of the preceding year. Each proposal involving expenditure shall include anticipated financial implications and the proposed source of funding. No expenditure shall be committed until required approval has been obtained. ARTICLE 19 - CONFLICTS OF INTEREST Every Board member and Chamber representative shall disclose any actual or potential conflict of interest in relation to a matter under consideration and, where appropriate, refrain from participating in the decision. ARTICLE 20 - AMENDMENTS This Constitution may be amended by a two-thirds (2/3) majority of eligible voting delegates at a duly convened Congress, provided proposed amendments have been circulated to member unions at least thirty (30) days before Congress. ARTICLE 21 - DISSOLUTION The SMCLU may only be dissolved by a resolution supported by at least three-quarters (3/4) of the financial member unions at a Congress specifically convened for that purpose. Outstanding lawful liabilities shall first be settled. Remaining assets shall be dealt with according to applicable law and Congress resolution and shall not be distributed for the personal benefit of individual Board members. ARTICLE 22 - INTERPRETATION Where a dispute arises regarding interpretation of this Constitution, the Board shall initially consider the matter. If unresolved, it shall be referred to Congress or, where necessary, independent legal advice. Interpretation shall favor democracy, equality among member unions, accountability, transparency, worker solidarity, and the objectives of the Chamber. ARTICLE 23 - ENTRY INTO FORCE This Constitution shall enter into force upon its adoption and signature by duly authorized representatives of the founding unions, subject to legal requirements necessary for incorporation and registration.

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 11 ADOPTION AND SIGNATURES Windward Islands Civil Servants Union - Private Sector Union (WICSU-PSU) Authorized Representative: ________________________________________________ Position: ________________________________________________ Signature: ________________________________________________ Date: ________________________________________________ Windward Islands Teachers Union (WITU) Authorized Representative: ________________________________________________ Position: ________________________________________________ Signature: ________________________________________________ Date: ________________________________________________ Nationale Algemene Politie Bond (NAPB) Authorized Representative: ________________________________________________ Position: ________________________________________________ Signature: ________________________________________________ Date: ________________________________________________ Windward Islands Health Care Union Association (WIHCUA) Authorized Representative: ________________________________________________ Position: ________________________________________________ Signature: ________________________________________________ Date: ________________________________________________

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 12 BYLAWS OF THE ST. MAARTEN CHAMBER OF LABOR UNIONS (SMCLU) ARTICLE 1 - PURPOSE These Bylaws regulate the administration and day-to-day operation of the SMCLU and shall be interpreted together with the Constitution and Representativity Agreement. Where a conflict exists, the Constitution shall prevail. ARTICLE 2 - REPRESENTATIVES OF MEMBER UNIONS Each member union shall formally designate its representatives to the Chamber. Changes shall be submitted in writing by the authorized governing body of the respective union. Each financial member union shall have equal institutional voting authority irrespective of membership size, except where legislation governing a particular external institution requires otherwise. ARTICLE 3 - ELECTIONS AND ELECTION PROCEDURE 3.1 Election Cycle Board elections shall be conducted every three (3) years. The date for the election shall be decided by Congress. 3.2 Election Notice The Secretary shall issue written notice of the election date and nomination timetable to all financial member unions no less than sixty (60) days before the election, unless Congress determines a longer period. 3.3 Nominations Each financial member union may nominate eligible candidates. Nominations shall be submitted in writing by the deadline established in the election notice and shall be confirmed by the competent governing body of the nominating union. 3.4 Eligibility A candidate must be a member in good standing of a financial member union, must have the written support of the nominating union, must accept the SMCLU Constitution, Bylaws, codes of conduct, and collective mandate, and must not be disqualified by law or by a final disciplinary decision of the Chamber. 3.5 Equitable Representation The election process shall seek to maintain equitable representation among member unions. No principal officer and the assistant assigned to that office may originate from the same member union. 3.6 Election Committee Congress or the Board, as authorized by Congress, shall appoint an impartial Election Committee of at least three persons. A candidate for elected office may not serve on the Election Committee. 3.7 Ballot Voting shall be by secret ballot unless all financial member unions unanimously agree to another transparent method. The ballot shall list each office separately. 3.8 Voting Rights Each financial member union shall exercise equal voting rights through its duly authorized Congress delegation in accordance with the delegate allocation approved by Congress. 3.9 Majority Required The candidate receiving the highest number of valid votes cast for an office shall be elected. In the event of a tie, an immediate run-off shall be held between the tied candidates. If a second tie occurs, the Election Committee shall conduct a further ballot after a short adjournment for consultation.

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 13 3.10 Certification The Election Committee shall count the ballots, record the result in an election report, and certify the elected officers. The report shall be signed by all Election Committee members present. 3.11 Objections Any objection to the conduct of the election shall be submitted in writing to the Election Committee within five (5) working days of certification. The Committee shall report its determination to the Board and affected unions. A further appeal may be made to an Extraordinary Congress. 3.12 Assumption of Office Newly elected officers shall assume office upon formal installation and completion of any legal or registration requirements applicable to the Chamber. 3.13 Presidential Term Limit The President shall serve a three-year term and may serve no more than three (3) terms in total. The three terms need not be consecutive. Service for a partial term of more than eighteen (18) months shall count as one term for purposes of this limit. ARTICLE 4 - VACANCIES Where an office becomes vacant during the term, the Board may appoint an eligible interim replacement until the next Congress or conduct a special election. The Board shall preserve equitable union representation wherever reasonably possible. A vacancy in the Presidency shall be filled temporarily by the Vice President until Congress or a special election determines the successor, subject to the term-limit rule. ARTICLE 5 - BOARD MEETINGS During the first year, ordinary Board meetings shall be held monthly unless the Board resolves otherwise. Thereafter, ordinary meetings shall be quarterly. The President may call an extraordinary meeting whenever an urgent matter arises; one shall also be called upon written request of at least one-third of financial member unions. Reasonable notice shall be provided except in genuine emergencies. ARTICLE 6 - QUORUM AND VOTING A quorum shall consist of representatives from at least two-thirds (2/3) of financial member unions. Every financial member union shall have one institutional vote on matters requiring a union vote. Unless otherwise provided, decisions shall be by simple majority. A two-thirds majority is required for admission of a new union, financial exemptions, major departures from an approved annual program, significant unbudgeted commitments, formal disciplinary measures involving a member union, and matters expressly requiring such majority. A tied proposal is not adopted after further discussion and a second tied vote. ARTICLE 7 - EXECUTIVE BOARD The President, Secretary, and Treasurer shall manage routine operational matters, implement approved programs, manage routine correspondence and administration, coordinate approved meetings and activities, and respond to urgent operational matters within authority. The Executive Board shall not independently amend policy, commit the Chamber to major unbudgeted expenditure, alter the Representativity Agreement, appoint external representatives where Board approval is required, enter major contracts without authorization, or take action fundamentally affecting a member union. ARTICLE 8 - MINUTES AND RECORDS The Secretary shall maintain minutes of Board and Congress meetings, recording attendance, conflicts of interest, matters considered, decisions, resolutions, voting outcomes where relevant, financial approvals, and assigned actions. Approved minutes form part of the permanent records of the Chamber.

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 14 ARTICLE 9 - FINANCIAL CONTRIBUTIONS Each member union shall submit its certified previous-calendar-year membership figure by January 15. The invoice shall be issued by January 31. The annual contribution is US$0.50 or XCG 1.00 per registered member. Payment is due March 31. A one percent (1%) late fee applies to overdue amounts. At least two written reminders shall be issued before non-financial status. Three months after the deadline, after two reminders, an unpaid union becomes non-financial and may attend and participate in discussion but may not vote. Voting rights are restored upon payment or an approved exemption/payment arrangement. ARTICLE 10 - FINANCIAL HARDSHIP A member union may apply in writing for relief due to an Act of God, pandemic, major economic crisis, extraordinary loss of employment within its represented sector, or another exceptional circumstance accepted by the Board. The Board may grant temporary or partial exemption, deferment, installments, or another reasonable arrangement by a two-thirds (2/3) majority. ARTICLE 11 - FINANCIAL MANAGEMENT The financial year shall run January 1 through December 31. The Treasurer shall present a financial report at every ordinary Board meeting. All income and expenditure shall be recorded and supporting documentation retained in accordance with applicable legal and accounting requirements. The Treasurer shall monitor taxes, C.O.C.I. fees, statutory fees, and other legal financial obligations. ARTICLE 12 - BANK ACCOUNT The account shall be established in the legal name of the SMCLU. The President, Secretary, and Treasurer shall be the three authorized signatories and all three must authorize transactions. The mandate shall expressly require President AND Secretary AND Treasurer and shall not provide an AND/OR alternative. Any transaction exceeding XCG 500.00 shall be disclosed to the Board before execution unless specifically covered by an approved budget or prior Board resolution. ARTICLE 13 - BUDGET AND EXPENDITURE The Treasurer shall prepare an annual proposed budget. All expenditure must serve a legitimate Chamber purpose, be supported by documentation, fall within an approved budget or specific authorization, and be reported to the Board. The Board may temporarily increase a spending authorization by resolution specifying purpose, amount, authorized person or body, commencement date, and expiration date. ARTICLE 14 - ANNUAL PROGRAM OF ACTIVITIES Proposals for the following year’s calendar shall be submitted no later than August of the preceding year and identify purpose, proposed date, responsible persons or committee, expected participants, projected cost, proposed funding source, and anticipated benefit to workers or the Chamber. ARTICLE 15 - BIENNIAL LABOR SYMPOSIUM 15.1 Frequency A Labor Symposium shall be organized every two years. 15.2 Hosting Each Symposium shall be hosted in cooperation with one member union and shall give particular attention to labor, industrial, social, economic, or workforce matters affecting the host union and its sector while remaining an official SMCLU event. 15.3 Chamber Contribution The SMCLU shall provide up to XCG 5,000.00 toward the approved Symposium. Where authorized, funds may be transferred to the host union’s designated account, but the expenditure shall remain recorded as an SMCLU event contribution and fully accounted for.

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 15 15.4 Consultation The host union shall consult with the SMCLU concerning the program, budget, speakers, branding, sponsorship, venue, communications, and financial accountability. 15.5 Established Period Once an agreed biennial period has been established, future Symposiums should ordinarily be held within that period unless prevented by an Act of God, pandemic, national emergency, or another circumstance approved by the Board. 15.6 Selection of Next Host An evaluation meeting shall be convened within two (2) weeks following the close of each Symposium. At that meeting, the next host union shall be determined by ballot from among eligible unions. 15.7 Declining to Host A union may decline its opportunity to host by written notification. 15.8 Rotation The union that hosted the immediately preceding Symposium shall not be eligible to host again until every other willing member union has had an opportunity to host. If no other union is willing or able to host, the previous host may be considered. 15.9 Accountability The host shall submit a financial and activity report within the period established by the Board following the event. ARTICLE 16 - TRAINING AND DEVELOPMENT The Chamber may organize collective bargaining training, labor-law education, occupational safety and health programs, leadership training, negotiation and mediation training, governance and financial accountability training, international labor standards education, research and policy development, workplace rights programs, and other workforce initiatives. Regional and international professionals may be engaged where appropriate. ARTICLE 17 - FUNDING AND SPONSORSHIP Funding may be sought from governmental, non-governmental, regional, international, private-sector, labor, educational, or development institutions. Before accepting material funding, the Chamber shall consider whether it could compromise independence, interfere with collective bargaining, create a conflict of interest, improperly influence policy, or undermine public confidence. The purpose and conditions of material funding shall be documented. ARTICLE 18 - QUARTERLY VSA CONSULTATIONS The Chamber shall seek quarterly meetings with the Minister responsible for VSA/labor affairs. The agenda may include labor-market developments, legislation, employment policy, working conditions, minimum standards, social protection, occupational health and safety, industrial relations, collective bargaining matters of national importance, and other issues affecting workers. Member unions may submit proposed agenda items through the Secretary. ARTICLE 19 - PUBLIC STATEMENTS Official statements made in the name of the SMCLU shall reflect an approved Chamber position. Where unions have not reached a collective position, the Chamber shall not represent that unanimity exists. Nothing prevents an individual member union from communicating its own position in its own name. ARTICLE 20 - CONFIDENTIALITY Board members and representatives shall maintain confidentiality concerning confidential negotiations, personnel matters, legally privileged information, confidential financial information, sensitive strategic

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 16 discussions, and information expressly designated confidential. This obligation shall not be used to conceal wrongdoing, financial irregularity, or conduct that must lawfully be reported. ARTICLE 21 - EXTERNAL REPRESENTATIVES, CONFIDENTIALITY AND DOCUMENT SECURITY Representatives appointed or endorsed by the SMCLU shall uphold the Chamber’s mandate, attend meetings consistently, prepare adequately, report as required, disclose conflicts of interest, and respect the Representativity Agreement and applicable Code of Conduct. They shall not use an appointment primarily to advance the interests of their nominating union over the collective mandate. A representative is not permitted to share, reproduce, forward, distribute, publish, photograph, transmit, or otherwise disclose any document that has been expressly identified as confidential, nor may the representative disclose the confidential contents thereof, except where disclosure is expressly authorized by the body that owns the document, required by law, or necessary for professional legal advice under an obligation of confidentiality. Representatives may provide the Chamber with a non-confidential highlighted summary of matters under discussion where reporting is required, without disclosing protected documents or confidential contents. ARTICLE 22 - DISPUTE RESOLUTION Disputes among member unions concerning Chamber affairs should first be addressed through internal consultation. Where necessary, the Board may appoint an impartial mediation committee. If internal mediation fails, the parties may jointly agree to independent mediation or another lawful dispute-resolution mechanism. ARTICLE 23 - REVIEW OF BYLAWS These Bylaws shall be reviewed periodically and may be amended in accordance with authority established by the Constitution. No amendment may contradict the Constitution. ARTICLE 24 - ADOPTION These Bylaws are adopted as an integral governing instrument of the SMCLU and shall take effect together with the Constitution unless otherwise resolved.

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 17 ANNEX I - REPRESENTATIVITY AGREEMENT OF THE SMCLU 1. PURPOSE This Representativity Agreement establishes the principles and procedures governing nominations and representation by member unions of the SMCLU on national, regional, and international councils, committees, delegations, advisory bodies, and social-dialogue institutions. It is intended to guarantee equality, transparency, rotation of opportunities, continuity where beneficial, competency, accountability, collective representation, and protection against domination by any single union. 2. FUNDAMENTAL PRINCIPLE Each member union shall be regarded as an equal institutional partner within the SMCLU. Representation opportunities shall therefore be distributed as equitably as reasonably possible, taking into consideration applicable legislation, requirements of the institution, relevant experience, continuity, technical competence, sectoral relevance, diversity considerations where appropriate, and the established rotation. 3. NOMINATING UNION AND CHAMBER REPRESENTATIVE A candidate may originate from an individual member union; however, once formally approved and nominated by the SMCLU for a Chamber seat, that person shall be considered a representative of the SMCLU for the purpose of that appointment. The representative shall consider the collective position of the Chamber and not solely the position of the union from which the representative originated, subject always to law and the governing rules of the institution concerned. 4. GENERAL VETTING, CODE OF CONDUCT AND INSTITUTIONAL REQUIREMENTS 4.1 Vetting All candidates submitted through the SMCLU shall be vetted by the Chamber before nomination. Vetting may consider eligibility, knowledge and experience, integrity, ability to represent collective worker interests, availability, prior attendance and performance, reporting and accountability, conflicts of interest, understanding of the relevant institution, and statutory requirements. 4.2 Written Indication of Nomination Where a member union wishes to submit a nominee for consideration for an external institution, the union shall indicate its intention and nominee in writing within the timetable established by the Chamber. 4.3 Code of Conduct Every external representative must receive, review, and sign the applicable SMCLU Code of Conduct before the Chamber approves or endorses the representation. For SER representatives, the applicable Code of Conduct is contained in Annex III. 4.4 Institutional Requirements The Chamber shall respect the legal and procedural requirements of each relevant institution, including the number and type of available seats, eligibility requirements, term limits, confidentiality requirements, and appointment procedures. PART I - SOCIAL ECONOMIC COUNCIL (SER) 5. SER COMPOSITION AND NOMINATION In accordance with the requirements applicable to the SER, the labor representation consists of six (6) positions: three (3) members and three (3) substitute members. Each SMCLU member union shall indicate in writing whether it intends to submit a nominee for consideration. In principle, each union may propose one suitably qualified candidate, subject to the number of seats available, the vetting process, and the agreed rotation.

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 18 Where the number of eligible candidates exceeds the available positions, the Chamber shall determine the final nominees using the agreed rotation, qualifications, continuity needs, and the overall representational balance of the Chamber. 6. MEMBER AND SUBSTITUTE PAIRING For representativity planning, a full SER member and the substitute member connected to that appointment cycle shall be treated as a linked representation pair. Both the member and substitute may serve a maximum of two (2) terms of three (3) years each, subject to continued eligibility, willingness to serve, satisfactory performance, Chamber review, and applicable law. When the full member’s service ends, the linked substitute’s service for that representation cycle shall also end, unless the Chamber expressly re-nominates the substitute to a new position or the applicable legal appointment instrument provides otherwise. Nothing in this clause creates an automatic legal termination contrary to the governing SER appointment rules; it establishes the SMCLU’s internal nomination and succession policy. 7. SER TERMS AND SUCCESSION A representative appointed as a full SER member may serve a maximum of two consecutive three-year terms. A substitute may likewise serve no more than two three-year terms in that role. No representative has an automatic entitlement to a second term. Where a full member does not continue, an eligible substitute may be considered for full membership subject to vetting, rotation, satisfactory performance, and applicable appointment requirements. 8. MONTHLY REPORTING AND CHAMBER POSITION SER representatives appointed or endorsed through the SMCLU shall report to the Chamber on a monthly basis unless the matters before the SER during that period do not contain sufficient substantive information to warrant a meeting or report. Where there is insufficient substantive information, the representatives shall notify the Secretary accordingly. The purpose of reporting is not to require representatives to disclose confidential documents or confidential contents. Representatives shall instead provide a highlighted, non-confidential summary of the topics to be discussed or currently under discussion so that the Chamber can consider the subject and, where appropriate, establish a collective Chamber position before decisions are taken. Failure, without reasonable justification, to comply with this reporting requirement may constitute grounds for the Chamber to review the representation and request replacement of that representative, subject to applicable law and the appointment procedures of the SER. 9. SER CODE OF CONDUCT All SER representatives must sign the SMCLU SER Representative Code of Conduct contained in Annex III before the Chamber approves or endorses their representation. A material breach of that Code may result in review and a request for replacement, subject to due process and applicable law. 10. SER ROTATION REGISTER The Chamber shall maintain an official SER rotation register identifying the union, nominee, position, appointment date, term, member/substitute status, eligibility for further service, and succession status. The purpose is to ensure fair access to representation while preserving competence and continuity. PART II - TRIPARTITE COMMITTEE 11. TRIPARTITE REPRESENTATION Representation on the Tripartite Committee shall rotate among member unions to the extent permitted by applicable rules. Where member and substitute positions exist, the Chamber shall seek to allocate them among different member unions. Consideration shall be given to continuity, knowledge of labor policy, collective bargaining and social-dialogue experience, and equitable rotation.

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 19 12. TRIPARTITE REPORTING SMCLU representatives participating in Tripartite shall provide regular reports to the Chamber on matters relevant to organized labor, subject to applicable confidentiality requirements. Significant policy matters shall, where time permits, be referred to the Chamber for consultation before a final position is taken. PART III - DISMISSAL COMMITTEE 13. REPRESENTATION Where organized labor is entitled to representation on a Dismissal Committee or similar labor institution, nominees shall be selected through the SMCLU and appointments shall rotate among qualified candidates. Candidates should possess appropriate knowledge of labor law, employment relations, disciplinary and dismissal procedures, due process, and worker representation. 14. INDEPENDENCE A representative serving on a quasi-judicial or legally independent committee shall perform the statutory duties of that office impartially. The Chamber shall not instruct such a representative to decide an individual case in a predetermined manner. PART IV - INTERNATIONAL LABOUR CONFERENCE (ILC) 15. WORKERS’ DELEGATION Where the labor movement of St. Maarten is entitled or invited to submit representatives for participation in the International Labour Conference or related International Labour Organization activities, the SMCLU shall coordinate the nomination process among its member unions. The SMCLU shall seek to establish a workers’ delegation consisting of a minimum of two (2) participants, subject to applicable accreditation rules, available funding, and arrangements agreed with the responsible authorities. 16. ROTATION, CONTINUITY AND MENTORING Participation shall be rotated equitably among qualified representatives of member unions, subject to ILO requirements, Government accreditation procedures, relevant experience, availability, previous participation, continuity requirements, and the interests of the workers’ delegation. Previous participation shall not create an automatic permanent entitlement to future participation; however, a person with previous ILC participation shall, where practicable, be assigned the responsibility of guiding and mentoring a colleague from another member union through the ILC preparation, accreditation, committee, reporting, and follow-up process. 17. SELECTION AND FINANCIAL ARRANGEMENTS Candidates should demonstrate knowledge of labor relations and international labor standards, ability to participate in technical committee work, ability to communicate the concerns of workers in St. Maarten, willingness to report to the Chamber, and capacity to represent organized labor collectively. The SMCLU shall establish with the Minister responsible for VSA the Chamber’s position on the selected delegates and shall seek written clarity on the respective financial responsibilities for travel, accommodation, registration, subsistence, transportation, and other approved delegation costs. 18. POST-CONFERENCE REPORT An SMCLU-supported participant shall provide a report to the Chamber following participation, covering relevant resolutions, conventions, recommendations, committee discussions, lessons learned, and matters requiring national follow-up.

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 20 PART V - COMMITTEE OF CIVIL SERVANTS UNIONS (CCSU) 19. CCSU LEGAL FRAMEWORK AND SMCLU POSITION The SMCLU recognizes the legal framework governing representation within the Committee of Civil Servants Unions (CCSU) and acknowledges that CCSU representation concerns unions representing civil servants governed by the LMA and related public-service laws, ordinances, statutes, general measures, and regulations. The SMCLU further records that, as formally agreed with the current Prime Minister according to the Chamber’s understanding, all labor unions that represent civil servants are to be eligible to participate in the CCSU. The Chamber understands that an amendment to the relevant LMA provision has been submitted and is under consideration. Until such amendment is lawfully enacted and takes effect, the SMCLU shall respect the legal requirements currently in force while continuing to support the agreed principle of inclusive CCSU representation for unions representing civil servants. 20. COORDINATION OF CCSU MATTERS Where one or more SMCLU member unions are legally represented within the CCSU, those unions shall, where appropriate, keep the Chamber informed of matters having broader consequences for organized labor, while fully respecting statutory responsibilities, confidentiality, and bargaining autonomy. Where a CCSU matter has consequences extending beyond the public service, the Chamber may develop a collective policy position without interfering with statutory negotiating authority. PART VI - OTHER COMMITTEES AND REPRESENTATION 21. NEW REPRESENTATION OPPORTUNITIES Where a new national, regional, or international committee or representation opportunity becomes available to organized labor, the Board shall determine the nature of the appointment, required qualifications, term, member/substitute structure, legal requirements, and place within the rotation system. 22. REPRESENTATIVITY REGISTER The Secretary shall maintain a central SMCLU Representativity Register. Annex II provides the standard schedule for recording appointments and rotation. 23. PRINCIPLE OF BALANCE In assigning available positions, the Chamber shall review the complete representativity structure rather than considering each institution in isolation. Where one union currently holds a full membership position on a major national institution, consideration should be given to representatives of other member unions for other available positions. The objective is overall representational balance, not mechanical rotation without regard to competence or legal requirements. 24. SUBSTITUTE POSITIONS Substitute positions shall be treated as substantive representation opportunities and shall form part of the rotation. Where practicable, member and substitute positions for the same institution shall originate from different member unions, except where the SER pairing policy or institutional appointment structure requires a linked approach. 25. RESPONSIBILITIES OF REPRESENTATIVES Every representative appointed through the SMCLU shall attend meetings, prepare adequately, act professionally, protect confidential information, declare conflicts, represent the Chamber’s agreed position where legally appropriate, provide required reports, communicate significant developments, consult on major policy matters where time permits, and safeguard the reputation and integrity of organized labor.

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 21 26. FAILURE TO PERFORM Where a representative repeatedly fails to attend or report, seriously breaches confidentiality or the Code of Conduct, misrepresents the Chamber, acts contrary to the mandate without reasonable justification, develops an undisclosed serious conflict, or otherwise fails to execute the appointment, the Board may review the appointment. The representative shall be given an opportunity to respond before a recommendation for removal or replacement is made. Any removal remains subject to the rules governing the institution. 27. CHANGE OF UNION STATUS Where the nominating union becomes non-financial, this shall not automatically invalidate a statutory appointment already made. Future nominations may be suspended while the union remains non-financial. The Board shall consider applicable law and continuity before taking action affecting an existing representative. 28. EQUALITY OF OPPORTUNITY No member union shall monopolize representation. The Board shall actively maintain a fair distribution of full member positions, substitute positions, delegations, conference participation, committee appointments, and other external representation. 29. NEW MEMBER UNIONS A union admitted after establishment shall enter the representativity rotation in a fair and orderly manner. Admission shall not automatically terminate an existing representative’s lawful term. The new union shall become eligible for subsequent vacancies and rotations. 30. REVIEW OF REPRESENTATIVITY Following each major appointment cycle, the Board shall review the Representativity Register. A comprehensive review shall take place at least once every three years. 31. DISPUTES REGARDING NOMINATIONS Where member unions dispute a nomination, the President shall first seek consensus. If consensus cannot be reached, the Board shall determine the matter according to rotation, qualifications, previous opportunities, continuity, legal requirements, and the overall interests of organized labor. An affected union shall have an opportunity to present its position. 32. NO OWNERSHIP OF A SEAT No union or individual shall regard a seat obtained through the SMCLU as permanently belonging to that union or individual. Such positions are part of the Chamber’s collective representational structure, except where legislation expressly grants the seat directly to a specific union. 33. REVIEW AND AMENDMENT This Agreement shall be reviewed whenever the number of member unions or available seats changes materially, relevant legislation changes, Congress directs a review, or the Board determines the rotation is no longer equitable. Amendments require approval in accordance with the Constitution. 34. ACCEPTANCE BY MEMBER UNIONS Each member union shall formally approve this Representativity Agreement through its competent governing body. It shall thereafter form an integral annex to the Constitution and Bylaws of the SMCLU. AGREED AND ACCEPTED Windward Islands Civil Servants Union - Private Sector Union (WICSU-PSU) Authorized Representative: ________________________________________________

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 22 Position: ________________________________________________ Signature: ________________________________________________ Date: ________________________________________________ Windward Islands Teachers Union (WITU) Authorized Representative: ________________________________________________ Position: ________________________________________________ Signature: ________________________________________________ Date: ________________________________________________ Nationale Algemene Politie Bond (NAPB) Authorized Representative: ________________________________________________ Position: ________________________________________________ Signature: ________________________________________________ Date: ________________________________________________ Windward Islands Health Care Union Association (WIHCUA) Authorized Representative: ________________________________________________ Position: ________________________________________________ Signature: ________________________________________________ Date: ________________________________________________

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 23 ANNEX II - EXTERNAL REPRESENTATION REGISTER & ROTATION SCHEDULE This Annex provides the standard record to be maintained by the Secretary for appointments made, endorsed, or coordinated through the SMCLU. The register shall be reviewed at least annually and whenever a vacancy or new appointment cycle arises. Institution Position Representative Nominating Union Member / Substitute Start Date End Date Term No. Next Rotation / Notes The register is an administrative control instrument and does not override the legal appointment instrument, term, or removal procedure of any external institution.

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 24 ANNEX III - SER REPRESENTATIVE CODE OF CONDUCT 1. PURPOSE This Code of Conduct applies to every person nominated, endorsed, or supported by the SMCLU to serve as a member or substitute member of the Social Economic Council (SER). Signing this Code is a condition of SMCLU approval or endorsement of the representation. 2. COLLECTIVE MANDATE The representative acknowledges that, although nominated through an individual member union, once confirmed through the SMCLU process the representative carries a collective labor mandate and shall give due regard to the interests and positions of the Chamber as a whole, consistent with the law and the independent responsibilities of an SER member. 3. PROFESSIONAL CONDUCT a. act with integrity, professionalism, respect, and independence b. prepare for and attend meetings consistently c. avoid conduct that brings the Chamber or organized labor into disrepute d. declare actual, potential, or perceived conflicts of interest promptly e. not use the appointment for personal financial advantage or improper preferential treatment f. respect the governing rules and procedures of the SER 4. CONFIDENTIALITY The representative shall not share, reproduce, forward, distribute, publish, photograph, transmit, or disclose any document expressly identified as confidential, nor disclose the confidential contents thereof, except where authorized by the SER or required by law. The representative may provide the Chamber with a non-confidential highlighted summary of topics and issues being considered, provided that protected documents and confidential contents are not disclosed. 5. REPORTING TO THE CHAMBER The representative shall report to the SMCLU monthly unless there is insufficient substantive information to warrant a report or meeting. In such case, the representative shall notify the Secretary. Reports should identify, at a high level, the matters expected to be discussed or being discussed so that the Chamber may consider the subject and, where appropriate, provide its collective position. 6. CHAMBER CONSULTATION Where time and the SER process reasonably permit, the representative shall seek the Chamber’s position on major labor, social, or economic policy matters before a definitive position is advanced on behalf of organized labor. The representative is not required to breach statutory duties, independence requirements, or confidentiality obligations in order to comply with this provision. 7. DOCUMENT SECURITY Confidential SER documents shall be stored and handled securely. They shall not be uploaded to unauthorized cloud storage, forwarded to unauthorized persons, posted to group chats, social media, or public platforms, or otherwise used outside the purpose for which they were provided. 8. ATTENDANCE AND CONTINUITY A representative who is unable to attend shall follow the applicable SER procedures for notice and substitution and shall notify the Chamber where appropriate. Repeated unexplained absence may trigger a performance review by the SMCLU.

St. Maarten Chamber of Labor Unions (SMCLU) - Governing Instruments 25 9. CONFLICT OF INTEREST A representative shall disclose any personal, professional, union, financial, or organizational interest that could reasonably be perceived to affect impartial participation in an SER matter and shall comply with the recusal or disclosure rules of the SER. 10. BREACH AND REVIEW Failure to comply with this Code, including repeated failure to report without reasonable justification, serious confidentiality breaches, material misrepresentation of the Chamber’s position, undisclosed serious conflicts of interest, or persistent non-performance, may constitute grounds for the SMCLU to review the endorsement and request replacement. The representative shall be informed of the concern and given a reasonable opportunity to respond before the Chamber makes a final recommendation, subject to applicable law and SER appointment procedures. 11. ACKNOWLEDGEMENT I acknowledge that I have received, read, understood, and agree to comply with this SMCLU SER Representative Code of Conduct as a condition of the Chamber’s approval or endorsement of my representation. Representative Name: _____________________________________________ Nominating Union: _____________________________________________ SER Position (Member / Substitute): _____________________________________________ Signature: _____________________________________________ Date: _____________________________________________ SMCLU President / Authorized Officer: _____________________________________________ Signature: _____________________________________________ Date: _____________________________________________