1st hemispheric seminar on port legislation … politicas publicas uruguay... · port legislation...
TRANSCRIPT
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 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: [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