Dock Work Convention, 1973 (No. 137) - Portugal (Ratification: 1981)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

The Committee recalls that the Governing Body approved at its 324th Session (June 2015) the report of the Committee set up to examine the representation alleging non-observance by Portugal of the Dock Work Convention, 1973 (No. 137), submitted under article 24 of the ILO Constitution by the Union of stevedores, cargo handlers and maritime checking clerks in central and southern Portugal, the Union XXI – Trade union association of administrative staff, technicians and operators at the container cargo terminals in the Port of Sines, the Union of dockworkers in the Port of Aveiro, and the Union of stevedores, cargo handlers and checking clerks at the Port of Caniçal (GB.324/INS/7/8, 13 June 2015). The Governing Body entrusted the Committee with following up on the issues raised in the report. In that respect, the Committee requested the Government to provide information on the application of Act No. 3/2013 of 14 January 2013 on dock work and the other measures that have been adopted in a tripartite context with a view to continuing to improve working conditions and efficiency in ports (paragraph 57 of the report). The Committee also requested the Government to provide information on the measures adopted by the competent authorities and the employers’ organizations that signed the agreement of 12 September 2012 for the application of the new legal framework governing the dock sector and to supply updated comparative statistical data on the number of dockworkers in the country, including the number of temporary or casual dockworkers (paragraph 83). It also asked the Government to indicate the measures adopted to bring the collective agreements in force in the various ports in the country into compliance with the new legal framework governing dock work set out in Act No. 3/2013 (paragraph 84).

The Committee notes the brief information communicated by the Government in response to its previous comments. The Government indicates that, following the approval by the Assembly of the Republic of the new legal framework governing dock work set out in Act No. 3/2013, of 14 January 2013, all the jobs of dockworkers holding permanent contracts with stevedore or dock work enterprises were retained, even those of workers performing work no longer classified as “dock work” under the new legal framework. The Government reports that in 2016 there were 1,653 dockworkers (including those with permanent, temporary and casual contracts) in mainland Portugal. However, the Committee observes that the Government does not indicate what percentage of the total of such workers were temporary or casual. On the other hand, the Government indicates that these workers enjoy good working conditions and, with a view to improving the working conditions of dockworkers, vocational training, further training and development courses have been provided to dockworkers and inspections have been carried out to verify the occupational safety and health conditions. The Government reports that 28 labour inspections were carried out in the area of dock work in 2014, while in 2015 only two inspections were conducted, in which no violations were detected. Lastly, the Committee notes that while the Government refers to the collective agreements in force that were concluded in the port sector between 2013 and 2016, it does not indicate the steps taken to bring those agreements into compliance with the new legal framework governing dock work. The Committee requests the Government to continue to provide information on the application of Act No. 3/2013 on dock work and any other measures adopted in a tripartite context to continue to improve the working conditions and efficiency of ports. The Committee also requests the Government to provide information on the measures adopted by the competent authorities and the employers’ organizations that signed the agreement of 12 September 2012 for the application of the new legal framework for the port sector and to include updated comparative statistical data on the number of dockworkers in the country, disaggregated by age, sex and type of contract (permanent, temporary and casual contracts). The Committee also reiterates its request to the Government to indicate the measures adopted to bring the collective agreements in force in the various ports in the country into compliance with the new legal framework governing dock work set out in Act No. 3/2013.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

At its 324th Session (June 2015), the Governing Body entrusted the Committee of Experts with following up on the issues raised in the report of the tripartite committee which examined the representation submitted by the Union of Stevedores, Cargo Handlers and Maritime Checking Clerks in Central and Southern Portugal, the Union XXI – Trade Union Association of Administrative Staff, Technicians and Operators at the Container Cargo Terminals in the Port of Sines, the Union of Dockworkers in the Port of Aveiro, and the Union of Stevedores, Cargo Handlers and Checking Clerks at the Port of Caniçal alleging non-observance by Portugal of the Convention (GB.324/INS/7/8). After examining the circumstances in which the 2013 reform of dock work was carried out, the tripartite committee encouraged the Government to continue opting for social dialogue in the event of future reforms in the port sector. Following up on the conclusions and recommendations of the tripartite committee, the Committee of Experts requests the Government to provide information on the application of Act No. 3/2013 on dock work and the other measures that have been adopted in a tripartite context with a view to continuing the improvement of working conditions and efficiency in ports (paragraph 57 of the report). The Committee also requests the Government to provide information on the measures adopted by the competent authorities and employers’ organizations which signed the agreement of 12 September 2012 for the application of the new legal framework governing the dock sector and that it will supply up-to-date comparative statistical data on the number of dockworkers in the country disaggregated by age and sex, including the number of temporary or casual dockworkers (paragraph 83). Please also indicate the measures adopted to bring the collective agreements in force in the various ports in the country into compliance with the new legal framework governing dock work set out in Act No. 3/2013 (paragraph 84).

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

At its 324th Session (June 2015), the Governing Body entrusted the Committee of Experts with following up on the issues raised in the report of the tripartite committee which examined the representation submitted by the Union of Stevedores, Cargo Handlers and Maritime Checking Clerks in Central and Southern Portugal, the Union XXI – Trade Union Association of Administrative Staff, Technicians and Operators at the Container Cargo Terminals in the Port of Sines, the Union of Dockworkers in the Port of Aveiro, and the Union of Stevedores, Cargo Handlers and Checking Clerks at the Port of Caniçal alleging non-observance by Portugal of the Convention (GB.324/INS/7/8). After examining the circumstances in which the 2013 reform of dock work was carried out, the tripartite committee encouraged the Government to continue opting for social dialogue in the event of future reforms in the port sector. Following up on the conclusions and recommendations of the tripartite committee, the Committee of Experts requests the Government to provide information on the application of Act No. 3/2013 on dock work and the other measures that have been adopted in a tripartite context with a view to continuing the improvement of working conditions and efficiency in ports (paragraph 57 of the report). The Committee also requests the Government to provide information on the measures adopted by the competent authorities and employers’ organizations which signed the agreement of 12 September 2012 for the application of the new legal framework governing the dock sector and that it will supply up-to-date comparative statistical data on the number of dockworkers in the country disaggregated by age and sex, including the number of temporary or casual dockworkers (paragraph 83). Please also indicate the measures adopted to bring the collective agreements in force in the various ports in the country into compliance with the new legal framework governing dock work set out in Act No. 3/2013 (paragraph 84).

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

National policy to provide permanent or regular employment for dockworkers. The Committee takes note of the Government’s report for the period ending in May 2012 and the decisions on dock work by the Supreme Court of Justice attached to the report. The Government states that 260 dockworkers were hired under indefinite contracts; the number of dockworkers in the country (continental ports) is 577 (as compared to 440 in the period ending in May 2007). The General Union of Workers reiterated its earlier comments to the effect that the specific nature of dock work requires the adoption of special rules, particularly on occupational safety and health and the vocational training of the workers concerned. The Committee invites the Government in its next report to provide up-to-date information on the provisions governing safety, health, wellbeing and vocational training that apply to dockworkers (Article 6 of the Convention). Please also provide information on the results obtained through tripartite cooperation in terms of improving the efficiency of work in ports (Article 5).

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

National policy to provide permanent or regular employment for dockworkers. The Committee notes the Government’s report received in August 2007, which recalls the position of the employers’ organizations that the Convention is inadequate and should be denounced. In the view of the General Union of Workers, the specific characteristics of dock work require the adoption of special rules, particularly in relation to occupational health and safety and the vocational training of the workers concerned. The Committee refers to its previous comments and requests the Government to continue providing detailed information on the results achieved in a tripartite context with a view to improving the efficiency of work in ports, as required by the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the legislative texts with respect to, among other matters, the authorities responsible for the application of the measures giving effect to the Convention and the establishment of a specific social protection scheme for workers in the port sector. The Committee requests the Government to provide with its next report, as requested in Part V of the report form, a general appreciation of the manner in which the Convention is applied, including for instance extracts from reports, studies or surveys by the above authorities.

In paragraph 216 of its General Survey of 2001 on dock work, the Committee noted the positions expressed by the Confederation of Portuguese Industry (CIP) and the General Union of Workers (UGT) relating to difficulties in the application of the Convention and of Recommendation No. 145. The Committee requests the Government to indicate the measures taken to encourage cooperation between employers or their organizations, on the one hand, and workers’ organizations, on the other hand, in improving the efficiency of work in ports (Article 5 of the Convention).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in reply to its earlier comments. It also notes the adoption of Legislative Decree No. 280 of 13 August 1993 which revised the legislation concerning dock work. The Committee would be grateful if the Government would supply, in its next report, additional information on the following points:

1. The Committee notes from the Government's report the information concerning the register established and maintained by the Dock Work Institute (ITP), including the number of registered dockworkers. It also notes that section 11, paragraph (1), of Legislative Decree No. 280 of 13 August 1993 abolished the system of registration and exclusive status of registered dockworkers as well as the port pools established by the legislation previously in force, specifically by Legislative Decree No. 151 of 15 May 1990 which has been repealed. Please indicate how effect is given or is proposed to be given to (i) Article 2 of the Convention which requires the Government to encourage the provision of permanent or regular employment to dockworkers in so far as practicable and in any case, to assume minimum guarantees of employment or income, and (ii) Articles 3 and 4 which provide for the establishment and maintenance of registers for all occupational categories of dockworkers, in a manner to be determined by national law and practice, and for the periodic review of the strength of such registers.

2. The Committee notes the adoption of Legislative Decree No. 21 of 10 January 1991 which provides for the grant of specific interim benefits under the general workers' social insurance scheme to dockworkers of the ports of the Autonomous Region of the Azores and Legislative Decree No. 41 of 21 January 1991 and similar benefits to dockworkers of the port of Funchal. Please continue to supply information on measures taken with a view to prevent or minimize the detrimental effects on dockworkers of any redundancies which took place in the context of structural adjustment in the Portuguese ports.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in reply to its direct request. It would be grateful if the Government would supply additional information with its next report on the following points:

1. Article 3. The Committee notes that the register established by the Dock Work Institute (ITP) covers all categories of dockworkers. Please supply additional information concerning the number of dockers appearing on the ITP register and the fluctuations in their numbers during the period covered by the next report (Part V of the report form).

2. Articles 4 and 5. With reference to its previous comments, the Committee notes the Decision of the Council of Ministers No. 19/87 of 26 March 1987. This Decision lays down the conditions required for the application in the ports of Lisbon and Leixoes of an accelerated redundancy scheme, which is considered to be the only means of finding a solution to the relatively high cost of operations in Portuguese ports. The Committee trusts that the Government will take fully into account the provisions of Article 4, paragraph 2, and will take all the necessary measures to prevent or minimise the detrimental effects on dockworkers of any dismissals. It requests the Government to supply detailed information in its next report on the work of the Inter-Ministerial Commission set up under section 7 of Decision No. 19/87 and, in general, on the measures that have been taken under the Decision and on the co-operation established for this purpose with the social partners.

3. The Committee notes the information supplied with regard to the autonomous regions of the Azores and Madeira. It hopes that future reports will contain fuller information on the application in these regions of the 1984 legislation on dock work and, consequently, on the progress achieved in giving effect to the provisions of the Convention.