1st HEMISPHERIC SEMINAR ON

PORT LEGISLATION

“FACING GLOBAL TRENDS IN PORT

LEGISLATION”

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

Marita Kramp

25 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

systemService/ 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 interests

Result: ownership & accountability

Cont’d

• “Role of the ILO

In undertaking activities concerning structural

adjustment 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 employedor 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”, OECD

Regional 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. Pallis

School 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