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Dock Work Convention, 1973 (No. 137) - Italy (RATIFICATION: 1981)

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CMNT_TITLE

Articles 2 and 5 of the Convention. National policy to encourage permanent or regular employment for dockworkers. Cooperation between the social partners to improve the efficiency of work in ports. The Committee notes with satisfaction the Government’s comprehensive detailed report, which contains information on the implementation of Legislative Decree No. 81 of 15 June 2015, as well as a copy of the national collective agreement (CCNL) on dock work currently in force for 2016–18. Through Decree No. 81/2015, the Government revised the national framework regulating employment contracts. With respect to dockworkers, the Government reiterates its previous comments that most dockworkers are employed by authorized port companies and hold employment contracts of indefinite duration. It adds that this does not exclude the possibility of engaging dockworkers on other types of employment contracts provided for by Decree No. 81/2015, which include: (i) temporary agency work contracts (sections 30–40); (ii) part-time work (sections 4–12); (iii) fixed-term contracts (sections 19–29); and (iv) apprenticeships (sections 41–47). The Government indicates that the employment relationship and type of contract according to professional category are regulated by the CCNL. It adds that representative organizations of employers and workers were involved during the negotiation of the CCNL, noting that the dock work sector has a longstanding tradition of active involvement by the social partners at the national and local levels. The Committee notes that, pursuant to section 15 of Act No. 84 of 28 January 1994, as amended, the social partners are also members of the commission responsible for the organization of dock work and other relevant tasks. In order to secure the greatest social advantage of new methods of cargo handling, the Government indicates that, in accordance with section 29 of Act No. 164 of 11 November 2014, a Strategic National Plan of Dock Work and Logistics (Piano Strategico Nazionale della Portualità e della Logistica) was launched in 2015. The Strategic Plan seeks to promote the intermodal transport system and is expected to support the economic recovery of the country. The Committee notes that the Plan also established a committee for each port authority (composed of representatives of the public authorities, employers and workers) with socio-economic consultant functions. The Committee requests the Government to continue to supply up-to-date information on the numbers of dockworkers, disaggregated by sex, age and type of contract, and on variations in their numbers during the reporting period. The Committee would also welcome receiving information regarding the results achieved in implementing the Strategic National Plan of Dock Work and Logistics and the measures taken to promote cooperation between the social partners to improve the efficiency of work in ports (Article 5).

CMNT_TITLE

National policy to encourage permanent or regular employment for dockworkers. The Committee notes the full and detailed report received from the Government in August 2007 which includes details of the dockers’ national collective agreements adopted in 2005 and 2007. In reply to an earlier comment, the Government states that most dockers are employed under indefinite contracts by authorized port companies. The social partners have confirmed that indefinite contracts should be the regular practice in the ports sector (article 59 of the national collective agreement of 26 July 2005). The Committee also notes that, in reply to previous comments, the Government reports that only dockworkers belonging to the staff of the registered companies are authorized to perform temporary work in ports and that when they are not assigned to work, full remuneration is ensured to them. The Committee notes this approach with interest and requests the Government to continue to provide detailed information on the results obtained at tripartite level to give effect to the provisions of the Convention.

CMNT_TITLE

The Committee notes the detailed information supplied in the Government’s report received in November 2002 and the observations forwarded by CONFINUDSTRIA indicating that the only outstanding question is the lack of detail at contractual level of remuneration per day when the worker is not assigned to work, which concerns temporary dockworkers belonging to firms authorized exclusively under section 17 of Act No. 84/1994, as amended (Disciplina della fornitura del lavoro portuale temporaneo). It would appreciate it if the Government would also include in its next report details on the manner in which the national policy encourages continuous or regular employment for that category of dockworkers (Article 2 of the Convention).