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1st HEMISPHERIC SEMINAR ON PORT LEGISLATION “FACING GLOBAL TRENDS IN PORT LEGISLATION” “Trends in Port Labor Regulations and Tools to increase Competitiveness”,

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Presentation on theme: "1st HEMISPHERIC SEMINAR ON PORT LEGISLATION “FACING GLOBAL TRENDS IN PORT LEGISLATION” “Trends in Port Labor Regulations and Tools to increase Competitiveness”,"— Presentation transcript:

1 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

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 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

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 portsLandlord 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) C029 - Forced Labour Convention, 1930 (No. 29) – P029 - Protocol of 2014 to the Forced Labour Convention, 1930 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) 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) C098 - Right to Organise and Collective Bargaining Convention, 1949 (No. 98) C100 - Equal Remuneration Convention, 1951 (No. 100) C100 - Equal Remuneration Convention, 1951 (No. 100) C105 - Abolition of Forced Labour Convention, 1957 (No. 105) C105 - Abolition of Forced Labour Convention, 1957 (No. 105) C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111) C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111) C138 - Minimum Age Convention, 1973 (No. 138) C138 - Minimum Age Convention, 1973 (No. 138) C182 - Worst Forms of Child Labour Convention, 1999 (No. 182) C182 - Worst Forms of Child Labour Convention, 1999 (No. 182)

9 Cont’d Governance (Priority, 4) C081 - Labour Inspection Convention, 1947 (No. 81) C081 - Labour Inspection Convention, 1947 (No. 81) – P081 - Protocol of 1995 to the Labour Inspection Convention, 1947 P081 - Protocol of 1995 to the Labour Inspection Convention, 1947 C122 - Employment Policy Convention, 1964 (No. 122) C122 - Employment Policy Convention, 1964 (No. 122) C129 - Labour Inspection (Agriculture) Convention, 1969 (No. 129) C129 - Labour Inspection (Agriculture) Convention, 1969 (No. 129) C144 - Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) 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) Withdrawn instrument R033 - Protection against Accidents (Dockers) Reciprocity Recommendation, 1929 (No. 33) R034 - Protection against Accidents (Dockers) Consultation of Organisations Recommendation, 1929 (No. 34)

11 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

12 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”.

13 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;

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 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

16 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);”

17 Cont’d IMO/ILO/UNECE Code of Practice for Packing of Cargo Transport Units (CTU Code, January 2014) IMO/ILO/UNECE Code of Practice for Packing of Cargo Transport Units

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).nationofferproducts servicesqualitymarketspricescompetitive provideadequatereturnsresourcesemployedproducing

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

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/wcmsp5/groups/public/---ed_dialogue/--- sector/documents/publication/wcms_ pdf ILO (International Labour Organization) ‘The benefits of International Labour Standards’, international-labour-standards/the-benefits-of-international-labour- standards/lang--en/index.htm (accessed 20 November 2014)http://ilo.org/global/standards/introduction-to- international-labour-standards/the-benefits-of-international-labour- standards/lang--en/index.htm ILO (International Labour Organization) ‘Resolution Concerning Updating the International Standard Classification of Occupations’,

22 Cont’d access 10 November 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, 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, UNCTAD (United Nations Conference on Trade and Development) (2008) ‘Port and Multimodal Transport Developments’, (accessed 24 November 2010).http://www.unctad.org/en/docs/rmt2008ch5_en.pdf 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. 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, EJTIR, _, no. 1 (2003), pp. 77 – 94 Core Labor Standards and Competitiveness: Implications for Global Trade Policy. Will Martin and Keit E. Maskus. Business Dictionary:


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