1st HEMISPHERIC SEMINAR ON PORT LEGISLATION

“FACING GLOBAL TRENDS IN PORT LEGISLATION”

“Trends in Port Labor Regulations and Tools to increase Competitiveness”,

Marita Kramp25 November 2014

Labor laws amidst fragmentation in the port sector

Outline: • Introduction• Port reforms– Containerization– New management system

• Port labour reforms• Port labour regulations• Competitiveness• Suriname

Port reforms: Containerization

Pre- containerization • Conventional labour- intensive

method:– Manpower

– cargo handling: costly and time-consuming

– cargo ships most operational time in ports, waiting, loading or unloading.

– ports were bypassed, shift towards road and rail transport for long distance carriage.

Post- containerization • capital-intensive techniques:

– Capital

– Improvements in port safety and the limitation of pilferage, damages and cargo claims

– the reduction of ship turn-round time and related labour costs (main advantage)

– reduction in cargo handling operations time, less working hours

Preamble

………… and an improvement of those conditions is urgently required; as, for example, by the regulation of the hours of work, including the establishment of a maximum working day and week, the regulation of the labour supply, the prevention of unemployment, the provision of an adequate living wage, the protection of the worker against sickness, disease and injury arising out of his employment, the protection of children, young persons and women, provision for old age and injury, protection of the interests of workers when employed in countries other than their own, recognition of the principle of equal remuneration for work of equal value, recognition of the principle of freedom of association, the organization of vocational and technical education and other measures;

The High Contracting Parties, moved by sentiments of justice and humanity as well as by the desire to secure the permanent peace of the world, and with a view to attaining the objectives set forth in this Preamble, … (ILO constitution, 1919).

Conventions • Convention concerning the

Social Repercussions of New Methods of Cargo Handling in Docks, also known as the Dock Work Convention, 1973

• Recommendation concerning the Social Repercussions of New Methods of Cargo Handling in Docks, 1973, Dock Work Recommendation, 1973

• Convention concerning Occupational Safety and Health in Dock Work, also known as the Occupational Safety and Health in (Dock Work) Convention, 1979

• Recommendation concerning Occupational Safety and Health in Dock Work, Occupational Safety and Health in (Dock Work) Recommendation, 1979

Port reform: New management system

Service/ tool ports Landlord port

State/ Port Authority/ Private

sector

•Public economic interest

•Port Operator

•Own materials/ tools

Cargo handling

Employ dock workers / port

workers: crane operators, stevedores

etc.

State/ Port Authority

•Public interest

•Regulator & Landlord :

infrastructure, administration,

development

Private sector

•Commercial entity

interest

•Terminal Operator/ port

operator

Own materials/ tools

Cargo handling

Employ dockworkers/

port workers: crane

operators, stevedores etc.

Port labour reforms

– New Port Legislation

– Dismissal with or without compensation ,

Port labour regulations • Conventions/ standards

– Labour (general):

Fundamental (8)• C029 - Forced Labour Convention, 1930 (No. 29)

– P029 - Protocol of 2014 to the Forced Labour Convention, 1930• C087

- Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)

• C098 - Right to Organise and Collective Bargaining Convention, 1949 (No. 98)• C100 - Equal Remuneration Convention, 1951 (No. 100)• C105 - Abolition of Forced Labour Convention, 1957 (No. 105)• C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111)• C138 - Minimum Age Convention, 1973 (No. 138)• C182 - Worst Forms of Child Labour Convention, 1999 (No. 182)

Cont’d

Governance (Priority, 4)• C081

- Labour Inspection Convention, 1947 (No. 81)– P081

- Protocol of 1995 to the Labour Inspection Convention, 1947

• C122 - Employment Policy Convention, 1964 (No. 122)

• C129 - Labour Inspection (Agriculture) Convention, 1969 (No. 129)

• C144 - Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)

DWC

• Up-to-date instrument C152 - Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152)R160 - Occupational Safety and Health (Dock Work) Recommendation, 1979 (No. 160)

• Instrument with interim status C137 - Dock Work Convention, 1973 (No. 137)R145 - Dock Work Recommendation, 1973 (No. 145)

• Instrument to be revised C027 - Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27)

• Outdated instrument C032 - Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32)R040 - Protection against Accidents (Dockers) Reciprocity Recommendation, 1932 (No. 40)

• Shelved convention C028 - Protection against Accidents (Dockers) Convention, 1929 (No. 28)

• Withdrawn instrument R033 - Protection against Accidents (Dockers) Reciprocity Recommendation, 1929 (No. 33)R034 - Protection against Accidents (Dockers) Consultation of Organisations Recommendation, 1929 (No. 34)

Cont’d

DWC, 1973• Preamble – sharing benefits• Article 2 – permanent/

regular employment• Article 5 – encouragement

of the cooperation between employers and dock workers

• Article 6 – safety, health, welfare and vocational training

OSHC,1979• Preamble – human factor:

prevention of harm or illness of dock workers

Cont’d

• Codes of Practice, Guidelines and Tools:– Guidelines on training in the port sector (updated

2012)• Article 6 DWC states that:

“Each Member shall ensure that appropriate safety, health, welfare and vocational training provisions apply to dockworkers”.

Cont’d

– Code of Practice on Safety and Health in Ports (2003);• Article 4 paragraph 1 sub c and paragraph 2 sub r OHSC

states that:

–“1.National laws or regulations shall prescribe that measures complying with Part III of this Convention be taken as regards dock work with a view to— (c) providing the information, training and supervision necessary to ensure the protection of workers against risks of accident or injury to health arising out of or in the course of their employment;

2. The measures to be taken in pursuance of this Convention shall cover-- (r) training of workers;

– Code of Practice on Security in Ports (2004)• Functional requirement: education and training;

– Register of Lifting Appliances and Items of Loose Gear• Model Form and Certificates as required by Article

25(2) of Convention No. 152

Cont’d • Manual: “Social dialogue in the process of structural adjustment and private sector participation in ports”Goal: to promote consensus building,

democratic involvement, mutual interestsResult: ownership & accountability

Cont’d

• “Role of the ILOIn undertaking activities concerning structuraladjustment issues in the port sector,the ILO should provide technical advisory services to ports undergoing structural adjustment, including examining broader issues (within its competence) that affect port Performance, (1996);”

Cont’d

• IMO/ILO/UNECE Code of Practice for Packing of Cargo Transport Units (CTU Code, January 2014)

Competitiveness

• Port regulations: efficiency, productivity, performance

• Definition: – Ability of a firm or a nation to offer products and

services that meet the quality standards of the local and world markets at prices that are competitive and provide adequate returns on the resources employed or consumed in producing them (Business dictionary).

Suriname • ILO conventions:

– 5 of the 8 fundamental conventions– 3 of the 4 governance conventions – None of the conventions related to port labour

• Port reforms: containerization and new management system– Drafts new port law

• Labour reforms: dockworkers became employed by the terminal operators/ in the pool system

• Regulations: contracts, port regulations and collective bargaining agreements, certification is mandatory for TO, medical care, insurance for accidence

• Government officials were educated and trained on the maritime sector as a whole

• 2011: maritime working group• Oct 2014: Decent Work Programme

Sources: • Social dialogue in the process of structural adjustment and private

sector participation in ports: A practical guidance manual, Professor Peter Turnbull, Cardiff University, United Kingdom International, Labourhttp://www.ilo.org/wcmsp5/groups/public/---ed_dialogue/---sector/documents/publication/wcms_161215.pdf

• ILO (International Labour Organization) ‘The benefits of International Labour Standards’, http://ilo.org/global/standards/introduction-to-international-labour-standards/the-benefits-of-international-labour-standards/lang--en/index.htm (accessed 20 November 2014)

• ILO (International Labour Organization) ‘Resolution Concerning Updating the International Standard Classification of Occupations’, http://www.ilo.org/public/english/bureau/stat/isco/docs/resol08.pdf

Cont’d • http://www.independent.org/publications/tir/article.asp?a=653 access 10 November 2014 • IADB (Inter- American Development Bank) (2001) Competitiveness. The Business of Growth 2001 report: Economic

and Social progress in Latin America. Washington: Inter- American Development Bank, pp. 147, 148- 164. • UNCTAD (United Nations Conference on Trade and Development) (1992) The Restructuring of Public- Sector

Enterprises: The Case of Latin American and Caribbean Ports. Chile: United Nations Publication, pp. 19, 20, 57- 59. • UNCTAD (United Nations Conference on Trade and Development) (2008) ‘Port and Multimodal Transport

Developments’, http://www.unctad.org/en/docs/rmt2008ch5_en.pdf (accessed 24 November 2010).• Merk, O., et al. (2011), “The Competitiveness of Global Port-Cities: the Case of the Seine Axis (Le Havre, Rouen,

Paris, Caen) - France”, OECDRegional Development Working Papers, 2011/07, OECD Publishing. http://dx.doi.org/10.1787/5kg58xppgc0n-en

• OECD Regional Development Constantinos I. Chlomoudis, Apostolos V. Karalis and Athanasios A. PallisSchool of Maritime Studies, University of Piraeus, Greece, Department of Economics, University of Crete,Greece, Department of Shipping, Trade and Transport, University of the Aegean, Greece, E-mail: apallis@stt.aegean.gr, EJTIR, _, no. 1 (2003), pp. 77 – 94

• Core Labor Standards and Competitiveness: Implications for Global Trade Policy. Will Martin and Keit E. Maskus. http://www2.dse.unibo.it/naghavi/martin%20maskus%20monopsony.pdf

• Business Dictionary: http://www.businessdictionary.com/definition/competitiveness.html#ixzz3JdCGg0cG