Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Dock Work Convention, 1973 (No. 137) - Spain (Ratification: 1975)

1. In its observation of 1990, the Committee addressed the comments of the Canary Islands Nationalist Autonomous Confederation (CANC) and the Governmnent's reply concerning the situation of workers enrolled in the Special Register of Dockworkers of the Port of La Luz and Las Palmas. The Committee asked the Government to indicate, in the light of the arguments presented, whether an unemployment benefit is granted immediately to all dockworkers to whom it has not been possible to assign work (Article 2, paragraph 2, of the Convention). It also asked the Government to indicate the manner in which it ascertains that the above-mentioned group of dockworkers is covered by appropriate safety, health, welfare and vocational training provisions (Article 6).

2. The Committee thanks the Government for the detailed information provided in its various communications.

In a report received in June 1990, the Government does not admit that the persons concerned engage in regular dock work and that most of their annual income comes from this work. The Government explains that the Special Register of the National Employment Institute (INEM) makes it possible to identify a group of persons who wish to work in the port and demonstrate that they have some idea of the work to be performed. The INEM Special Register also enables the unemployment benefits provided by the INEM to be processed. According to the Government, dockworkers either work permanently in the enterprises or intermittently but regularly in state companies established for such intermittent but regular work.

3. In a communication to the Office (duly transmitted to the Government), in July 1990, the National Federation of Dockworkers endorsed the comments on the Special Register of Las Palmas, drawing attention to what, in its opinion, is a contradictory and unfair situation, i.e. that on the one hand, workers are under the obligation to be present at daily calls while, on the other, they are not guaranteed remuneration or a minimum number of shifts. Like the workers registered as belonging to the state company or private enterprises who are guaranteed a minimum wage even for days on which there is no work for them, workers enrolled in a special register must be available daily and are under obligation to be present at the daily calls, but receive no remuneration for attending calls and being permanently available.

The Government submitted its observations on this matter in October 1990. These observations are also included in a detailed report on the application of the Convention, received in January 1991. According to the Government, the consolidation of the legal provisions governing this matter has, in practice, generally been well received by the employers' and workers' organisations, except in a few specific cases where disagreement arising from a surplus of personnel has been registered by the dockworkers' organisation. The Government reiterates that only workers who have a permanent employment relationship with a state company or a docking enterprise are covered by the Convention. The workers enrolled on the INEM Special Register do not have the requisite "occupational status" and "experience" to be qualified as dockworkers. By being on an INEM Special Register, they have priority access to the state company when the latter's staff is increased. It adds that not all ports have INEM Special Registers. Machinery is planned for the periodical review of the "operational staff".

4. The Convention provides that new methods of cargo handling may require systematic revision of the structure of employment in ports and that the employers' and workers' organisations concerned shall be consulted on the matter (see Article 1, paragraph 2, of the Convention and Part II of the Dock Work Recommendation, 1973 (No. 145) - contained in the annex to the report form for the Convention). The Committee notes that the workers enrolled on the Special Register are under the obligation to be present at each and every call. Accordingly, the Committee has given due consideration to the arguments presented by the dockworkers affected by the restructuring measures. The Government, for its part, also refers to the possibility of conducting a review of personnel available for dock work. The Committee therefore trusts that, in its future reports, the Government will be able to indicate whether, in the light of developments in the situation in the port of Las Palmas, it will be possible to guarantee to workers enrolled on the Special Register "minimum periods of employment or a minimum income, in a manner and to an extent depending on the economic and social situation of the country and port concerned" - as required by Article 2, paragraph 2, of the Convention. In addition, the Committee trusts that the Government will continue to provide detailed reports which include information on other results achieved by the measures planned to attenuate the adverse effect on dockworkers of any reduction in the numbers in registers, both in ports of general interest and in ports administered by the autonomous communities. The Government might find it useful to refer to the provisions of paragraphs 17 to 19 of Recommendation No. 145.