Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 137) sur le travail dans les ports, 1973 - Portugal (Ratification: 1981)

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.