1st HEMISPHERIC SEMINAR ON PORT LEGISLATION

1
1st HEMISPHERIC SEMINAR ON PORT
LEGISLATIONFACING GLOBAL TRENDS IN PORT
LEGISLATION

• Trends in Port Labor Regulations and Tools to
  increase Competitiveness,
• Marita Kramp
• 25 November 2014

2
Labor laws amidst fragmentation in the port
sector

• Outline
• Introduction
• Port reforms
• Containerization
• New management system
• Port labour reforms
• Port labour regulations
• Competitiveness
• Suriname

3
Port reforms Containerization

• Pre- containerization

• Post- 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.

• 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

4
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).
5
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

6
Port reform New management system
Service/ tool ports Landlord port 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.
7
Port labour reforms

• New Port Legislation
• Dismissal with or
• without compensation ,

8
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)

9
Contd

• 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)

10
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)

11
Contd

• DWC, 1973

• OSHC,1979

• 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

• Preamble human factor prevention of harm or
  illness of dock workers

12
Contd

• 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.

13
Contd

• 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

14

• 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

15
Contd

• 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

16
Contd

• 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)

17
Contd

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

18
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).

19
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

20
(No Transcript)
21
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/wc
  msp5/groups/public/---ed_dialogue/---sector/docume
  nts/publication/wcms_161215.pdf
• ILO (International Labour Organization) The
  benefits of International Labour Standards,
  http//ilo.org/global/standards/introduction-to-in
  ternational-labour-standards/the-benefits-of-inter
  national-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

22
Contd

• http//www.independent.org/publications/tir/articl
  e.asp?a653 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/10.1787/5kg58xp
  pgc0n-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_at_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/nagha
  vi/martin20maskus20monopsony.pdf
• Business Dictionary http//www.businessdictionary
  .com/definition/competitiveness.htmlixzz3JdCGg0cG