Dock Work Convention, 1973 (No. 137) - France (Ratification: 1977)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 2(1) of the Convention. National policy aiming to provide permanent or regular employment for dockworkers. The Government, in reply to the Committee’s previous comments, refers to the adoption, with the involvement of all the social partners, of Act No. 2015-1592 of 8 December 2015 on consolidating and clarifying the organization of cargo handling in ports. The Committee notes that the purpose of the Act is to address the difficulties of a number of dockworkers who remain under the intermittence regime. The Government adds that section L.5343-1 of the Act has amended the definition of the work of a dockworker and establishes two categories of dockworkers: professional dockworkers, who are employed either on a monthly or intermittent basis, and casual dockworkers. It also indicates that a scheme establishing priority employment for dockworkers has been developed in order to provide them with preferential access to several types of dock work involving the loading and unloading of ships. The Committee notes that as at 31 August 2017, there were 321 dockworkers working in French ports. The Committee requests the Government to continue to supply up-to-date information in its future reports on changes in the numbers of dockworkers, and on the results achieved in the wake of the tripartite measures taken to improve the efficiency of dock work, particularly in relation to the impact of Act No. 2015-1592 of 8 December 2015. It also requests the Government to provide a copy of the scheme establishing priority employment for dockworkers.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

National policy aimed at providing permanent or regular employment for dockworkers. The Committee noted the Government’s detailed report received in December 2012, which contains information on the application of Act No. 2008-660 of 4 July 2008 concerning dock reform and the inter-branch framework agreement concluded on 30 October 2008 between the professional organizations representing cargo handling enterprises, and the representative trade union organizations of dock employees. The Committee notes that on 15 April 2011, the social partners signed a single collective agreement for dockworkers and cargo handlers. The dock reform actually took effect in practice on 3 May 2011, with the first transfers of crane operators to cargo handling enterprises. The Committee requests the Government to continue to supply up to-date information in its future reports on changes in the numbers of dockworkers, and on the results achieved in the wake of the tripartite measures taken to improve the efficiency of dock work.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

National policy aimed at providing permanent or regular employment for dockworkers. The Committee noted the Government’s detailed report received in December 2012, which contains information on the application of Act No. 2008-660 of 4 July 2008 concerning dock reform and the inter-branch framework agreement concluded on 30 October 2008 between the professional organizations representing cargo handling enterprises, and the representative trade union organizations of dock employees. The Committee notes with interest that on 15 April 2011. The social partners signed a single collective agreement for dockworkers and cargo handlers. The dock reform actually took effect in practice on 3 May 2011, with the first transfers of crane operators to cargo handling enterprises. The Committee requests the Government to continue to supply up to-date information in its future reports on changes in the numbers of dockworkers, and on the results achieved in the wake of the tripartite measures taken to improve the efficiency of dock work.

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

National policy aimed at providing permanent or regular employment for dockworkers. The Committee notes that the Government’s report has not been received. In its last report, submitted in February 2010, the Government indicated that work aimed at optimizing the national collective agreement on dock work was going ahead in close collaboration with the social partners by means of amendments relating to vocational training, wages, the complementary retirement scheme and the reduction in hours of work. The Government also provided data on the practical application of the Convention. The Committee invites the Government to submit a report containing updated information on changes in the number of dockworkers and also on the impact of the implementation of collective agreements on improving the efficiency of work in ports.

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

National policy aimed at providing permanent or regular employment for dockworkers. Further to the comments that it has been making for many years, the Committee notes the Government’s detailed report received in February 2010. The Government indicates that work aimed at optimizing the national collective agreement on dock work is going ahead in close collaboration with the social partners by means of amendments relating to vocational training, wages, the complementary retirement scheme and the reduction in hours of work. As at 31 August 2008, the total of 1,684 professional dockworkers comprised 1,319 monthly workers and 365 casual workers. The Government indicates that approximately 2,106 dockworkers who were not part of the former system have been employed on a monthly basis, including young persons who previously held “qualification” contracts and “employment initiative” contracts now hired on contracts of unlimited duration. In the extension to the interoccupational agreements of July 2005 and December 2006, vocational qualification certificates have been created and an individual entitlement to 20 hours of training has been established. The Government states that these certificates are intended to create objective qualification standards in the profession whose validity can be upheld in relation to third parties, demonstrating that dock work is an individual occupation in its own right. The Committee notes this approach with interest and requests the Government to continue to supply up-to-date information on changes in the number of dockworkers and also on the impact of the implementation of collective agreements on improving the efficiency of dock work.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received since 2002. It hopes that a report will be supplied for examination by the Committee at its next session and that it will provide updated information on the effect given to the provisions of the Convention and on changes in the number of professional and monthly dockworkers. Please also include copies of the collective agreements concluded, and particularly agreements relating to the organization and conditions of work and agreements on wages.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2003 direct request, which read as follows:

The Committee notes the detailed information provided by the Government in its report on the application of the Convention for the period ending 2002. It would be grateful if the Government would continue providing useful information in future reports on the effect given to the provisions of the Convention and on changes in the number of professional and monthly dockworkers. Please also include, where possible, copies of the collective agreements referred to in the report, and particularly agreements relating to the organization and conditions of work and agreements on wages.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2003 direct request, which read as follows:

The Committee notes the detailed information provided by the Government in its report on the application of the Convention for the period ending 2002. It would be grateful if the Government would continue providing useful information in future reports on the effect given to the provisions of the Convention and on changes in the number of professional and monthly dockworkers. Please also include, where possible, copies of the collective agreements referred to in the report, and particularly agreements relating to the organization and conditions of work and agreements on wages.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the detailed information provided by the Government in its report on the application of the Convention for the period ending 2002. It would be grateful if the Government would continue providing useful information in future reports on the effect given to the provisions of the Convention and on changes in the number of professional and monthly dockworkers. Please also include, where possible, copies of the collective agreements referred to in the report, and particularly agreements relating to the organization and conditions of work and agreements on wages.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the detailed information supplied by the Government in its report on the application of the Convention for 1999. It notes that reform of the port sector began in 1992 with the adoption of Act No. 92-496 and its implementing legislation and continued with the conclusion of a collective agreement on cargo handling which was endorsed in 1994 by all the social partners. It also notes the information on legislative provisions - particularly the Maritime Port Code - which give effect to the provisions of the Convention in regard to regularization of employment and registration. Finally, it notes the information on the number of dockers which has decreased significantly since 1992 and the measures taken to alleviate the prejudicial effects. The Committee requests the Government to continue to supply in its next reports all information it deems useful to enable it to appreciate fully the effect given to the provisions of the Convention, including copies of the collective agreements it mentions in its latest report, particularly charters or agreements concerning organization and conditions of work, labour pacts or salary agreements.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received for the fourth consecutive year. It must therefore repeat its previous observation, which read as follows:

1.  The Committee notes the information supplied by the Government and the comments of the National Association of Dock Work Industries in French Ports (UNIM). It notes in particular the adoption of Act No. 92-496 of 9 June 1992 amending Act No. 47-1746 of 6 September 1947 on the organization of dock work in sea ports, and the conclusion of the national collective agreement on dock work in 1993-94. As a result of the above reforms, most professional dockworkers who used to do casual work are now employed under a monthly scheme by cargo-handling companies on the basis of an indefinite contract. The Government also indicates that some professional dockworkers are still employed on a casual basis but that this scheme will gradually disappear since no new registration cards are being issued.

2.  The UNIM considers that the Convention is obsolete in view of technological developments in the port industry and the reforms in the organization of work in the port sector. It draws attention in particular to the provisions of the French legislation which restrict both the choice by cargo-handling companies of the staff they employ and the procedure for economic terminations.

3.  The Committee refers to the tripartite meeting on social and labour problems caused by structural adjustment in the port industry held in Geneva in 1996 and recalls that one of the meeting’s conclusions was that the ILO must continue to promote the ratification and application of the relevant international labour standards. The Committee would be grateful if the Government would continue to provide information on the application of the provisions of the Convention, in the light of the results of the above meeting, and the comments made by the UNIM. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received for the third consecutive year. It must therefore repeat its previous observation which read as follows:

1. The Committee notes the information supplied by the Government and the comments of the National Association of Dock Work Industries in French Ports (UNIM). It notes in particular the adoption of Act No. 92-496 of 9 June 1992 amending Act No. 47-1746 of 6 September 1947 on the organization of dock work in sea ports, and the conclusion of the national collective agreement on dock work in 1993-94. As a result of the above reforms, most professional dockworkers who used to do casual work are now employed under a monthly scheme by cargo-handling companies on the basis of an indefinite contract. The Government also indicates that some professional dockworkers are still employed on a casual basis but that this scheme will gradually disappear since no new registration cards are being issued. 2. The UNIM considers that the Convention is obsolete in view of technological developments in the port industry and the reforms in the organization of work in the port sector. It draws attention in particular to the provisions of the French legislation which restrict both the choice by cargo-handling companies of the staff they employ and the procedure for economic terminations. 3. The Committee refers to the tripartite meeting on social and labour problems caused by structural adjustment in the port industry held in Geneva in 1996 and recalls that one of the meeting's conclusions was that the ILO must continue to promote the ratification and application of the relevant international labour standards. The Committee would be grateful if the Government would continue to provide information on the application of the provisions of the Convention, in the light of the results of the above meeting, and the comments made by the UNIM. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes the information supplied by the Government and the comments of the National Association of Dock Work Industries in French Ports (UNIM). It notes in particular the adoption of Act No. 92-496 of 9 June 1992 amending Act No. 47-1746 of 6 September 1947 on the organization of dock work in sea ports, and the conclusion of the national collective agreement on dock work in 1993-94. As a result of the above reforms, most professional dockworkers who used to do casual work are now employed under a monthly scheme by cargo-handling companies on the basis of an indefinite contract. The Government also indicates that some professional dockworkers are still employed on a casual basis but that this scheme will gradually disappear since no new registration cards are being issued. 2. The UNIM considers that the Convention is obsolete in view of technological developments in the port industry and the reforms in the organization of work in the port sector. It draws attention in particular to the provisions of the French legislation which restrict both the choice by cargo-handling companies of the staff they employ and the procedure for economic terminations. 3. The Committee refers to the tripartite meeting on social and labour problems caused by structural adjustment in the port industry held in Geneva in 1996 and recalls that one of the meeting's conclusions was that the ILO must continue to promote the ratification and application of the relevant international labour standards. The Committee would be grateful if the Government would continue to provide information on the application of the provisions of the Convention, in the light of the results of the above meeting, and the comments made by the UNIM.

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

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes the information supplied by the Government and the comments of the National Association of Dock Work Industries in French Ports (UNIM). It notes in particular the adoption of Act No. 92-496 of 9 June 1992 amending Act No. 47-1746 of 6 September 1947 on the organization of dock work in sea ports, and the conclusion of the national collective agreement on dock work in 1993-94. As a result of the above reforms, most professional dockworkers who used to do casual work are now employed under a monthly scheme by cargo-handling companies on the basis of an indefinite contract. The Government also indicates that some professional dockworkers are still employed on a casual basis but that this scheme will gradually disappear since no new registration cards are being issued. 2. The UNIM considers that the Convention is obsolete in view of technological developments in the port industry and the reforms in the organization of work in the port sector. It draws attention in particular to the provisions of the French legislation which restrict both the choice by cargo-handling companies of the staff they employ and the procedure for economic terminations. 3. The Committee refers to the tripartite meeting on social and labour problems caused by structural adjustment in the port industry held in Geneva in 1996 and recalls that one of the meeting's conclusions was that the ILO must continue to promote the ratification and application of the relevant international labour standards. The Committee would be grateful if the Government would continue to provide information on the application of the provisions of the Convention, in the light of the results of the above meeting, and the comments made by the UNIM.

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

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the information supplied by the Government and the comments of the National Association of Dock Work Industries in French Ports (UNIM). It notes in particular the adoption of Act No. 92-496 of 9 June 1992 amending Act No. 47-1746 of 6 September 1947 on the organization of dock work in sea ports, and the conclusion of the national collective agreement on dock work in 1993-94. As a result of the above reforms, most professional dockworkers who used to do casual work are now employed under a monthly scheme by cargo-handling companies on the basis of an indefinite contract. The Government also indicates that some professional dockworkers are still employed on a casual basis but that this scheme will gradually disappear since no new registration cards are being issued.

2. The UNIM considers that the Convention is obsolete in view of technological developments in the port industry and the reforms in the organization of work in the port sector. It draws attention in particular to the provisions of the French legislation which restrict both the choice by cargo-handling companies of the staff they employ and the procedure for economic terminations.

3. The Committee refers to the tripartite meeting on social and labour problems caused by structural adjustment in the port industry held in Geneva in 1996 and recalls that one of the meeting's conclusions was that the ILO must continue to promote the ratification and application of the relevant international labour standards. The Committee would be grateful if the Government would continue to provide information on the application of the provisions of the Convention, in the light of the results of the above meeting, and the comments made by the UNIM.