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 Post- containerization • Conventional labour- intensive • capital-intensive techniques: method: – Capital – Manpower
– cargo handling: costly and – Improvements in port safety time-consuming and the limitation of pilferage, damages and cargo claims – cargo ships most operational – the reduction of ship turn- time in ports, waiting, loading or unloading. round time and related labour costs (main advantage) – ports were bypassed, shift – reduction in cargo handling towards road and rail transport operations time, less working for long distance carriage. 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 • Convention concerning Social Repercussions of Occupational Safety and New Methods of Cargo Health in Dock Work, also Handling in Docks, also known as the Occupational known as the Dock Work Safety and Health in (Dock Convention, 1973 Work) Convention, 1979
• Recommendation • Recommendation concerning the Social concerning Occupational Repercussions of New Safety and Health in Dock Methods of Cargo Handling Work, Occupational Safety in Docks, 1973, Dock Work and Health in (Dock Work) Recommendation, 1973 Recommendation, 1979 Port reform: New management system
Service/ tool ports Landlord port
State/ Port Authority/ Private State/ Port Authority Private sector
sector •Public interest •Commercial entity
•Public economic interest •Regulator & Landlord : interest
•Port Operator infrastructure, administration, •Terminal Operator/ port
•Own materials/ tools development operator
Cargo handling Own materials/ tools
Employ dock workers / port Cargo handling
workers: crane operators, Employ dockworkers/
stevedores etc. 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 OSHC,1979 • Preamble – sharing benefits • Preamble – human factor: • Article 2 – permanent/ prevention of harm or regular employment illness of dock workers • Article 5 – encouragement of the cooperation between employers and dock workers • Article 6 – safety, health, welfare and vocational training 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 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”, 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: [email protected] , 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