Dockers unions, shop stewards and legal advisors have formed an international legal team to make sure the Dockers’ Clause that entered into force in Europe and Canada on January 1, 2020 is implemented correctly.
The new agreement with amended Article 4, Non-Seafarers Work commonly referred to as the Dockers’ Clause, was signed in February 2018 by workers’ and employers’ representatives from the International Transport Workers’ Federation (ITF) and the International Maritime Employers’ Council (IMEC).
The clause lays out procedures for loading and unloading operations in ports, enforcing the dockers’ right to carry out the said operations and sheltering the ship’s crew from doing the additional work they should not be doing.
It applies to all ITF approved agreements and it took effect worldwide in the same month, with two exceptions: Europe and Canada. The two countries had almost two years to prepare for compliance with the new amendment.
Specifically, the parties acknowledged that companies might require a substantial change to existing arrangements with stevedoring companies, charterers and other third parties.
Therefore, a deferment period was agreed until 1 January 2020, to implement certain provisions from the clause for container vessels operating in the Baltic Sea, Canada, North Europe and West Europe excluding the Mediterranean Sea (European sub-regions as defined by the European Union).
However, ITF said that despite all this time certain companies still refuse to uphold the Dockers’ Clause.
“Instead of contracting lashing companies, they waited until the clause entered into effect and now claim that enforcement is impossible,” ITF said, condemning the behaviour a s unacceptable.
“The Dockers’ Clause was agreed for the health and safety of seafarers and dockers. Delaying its implementation jeopardizes safe working conditions and it constitutes a breach of the agreement,” said Terje Samuelsen, ETF Dockers’ section chair.
“The Dockers’ Clause, which came into effect on January 1, is important in two ways – for dockers to do the job safely and to ensure seafarers are no longer obligated to do a job that according to their CBA they’re not supposed to be doing. I am surprised that shipowners – who knew this was coming for more than two years – still don’t respect it,” Samuelsen added.
Niek Stam, ITF Dockers’ Section second vice chair said that it is important for seafarers as well as dockers that the clause is upheld.
“The Dockers’ Clause secures safe working conditions for seafarers and for dockers. The clause was agreed that lashing work should be carried out by trained dockers! Trade unions are supporting the new Dockers’ Clause and are ready and willing to defend it. A deal is a deal, and a signature is legally binding,” affirmed Stam.
The unions said that delaying tactics on implementation of the agreement will not be accepted and that necessary legal measures were being prepared to ensure the deal is respected.