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Dock Work Convention, 1973 (No. 137) - Finland (RATIFICATION: 1976)

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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK), the Finnish Confederation of Professionals (STTK), and the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA), communicated with the Government’s report.

Articles 3 and 4 of the Convention. Priority of engagement. Minimisation of detrimental effects. Application in practice. The Committee notes the information provided by the Government in reply to its previous comments. The Government reiterates that the provisions of the Convention have been implemented through consecutive collective agreements concluded between the Finnish Transport Workers’ Union (AKT) and the Finnish Port Operators Association. The current agreement is due to end on 31 January 2021. The Committee notes the statistics provided on the number of stevedores between 2012 and 2018, which show a decrease in the number of workers. In their observations, SAK, STTK and AKAVA recall that the purpose of the Convention is to safeguard continued employment and income to workers who earn their livelihood from dock work. According to the trade union Confederations, over the past ten years, one third of the jobs were lost and this decrease cannot be explained merely by a recession or the technological advancement in ports. The pre-processing and post-processing of cargo were moved to areas created between the fence of the port area and the actual administrative port area. In their views, political decisions have sought to move dock work to workers other than registered stevedores, under a collective agreement other than that for the stevedoring industry. Therefore, SAK, STTK and AKAVA underline that ensuring compliance with the Convention is increasingly important as dock work should continue to be carried out by registered stevedores. In light of the observations made by the trade union Confederations, the Committee requests the Government to provide information on the manner in which, in the context described, registered stevedores are assured priority of engagement for dock work, pursuant to Article 3 of the Convention. It also encourages the Government to foster discussions or negotiations between the social partners on the probable effects of the changes in the dock industry, or the potential reduction of the strength of the registers, with a view to avoiding or minimizing any risk of adverse consequences on the employment security of dockworkers or their conditions of work. The Committee requests the Government to provide information on any developments in this regard, and to continue to provide information on the manner in which the Convention is applied in practice, including extracts from reports and particulars on the numbers of dockworkers, disaggregated by gender, employment status (permanent or temporary) and occupation, and on variations in their numbers.

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The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK), the Finnish Confederation of Professionals (STTK), as well as the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA), communicated with the Government’s report. The Committee requests the Government to provide its comments in this respect.

Article 3 of the Convention. Priority of engagement. Application in practice. The Committee notes the information provided by the Government on various legislative amendments during the reporting period. It also notes the Government’s indication that the Convention has been implemented through consecutive collective agreements concluded between the Finnish Transport Workers’ Union (AKT) and the Finnish Port Operators Association (the Association). It notes that the current agreement is due to end on 1 February 2019, with a possibility of extension through 31 January 2021. The Committee notes from the Government’s report that, as was the case under the previous collective agreements, the current agreement contains a clause providing that 90 per cent of stevedores and repair shop employees in a company must be permanent employees, with daily temporary stevedores accounting for no more than 10 per cent of the total number of employees. According to information provided by the AKT, the Committee notes that 2,350 permanent and temporary stevedores were employed in 2017, of which 2,250 were men and 100 were women. It notes that the number of female stevedores has remained stable for the past three years. The Committee further notes the Government’s indication that member companies of the Association employ an estimated 300 port foremen, 300 office staff, 2,100 full-time stevedores and, on average, 150 temporary stevedores. The Government adds that the Association currently has 41 member companies operating in 25 ports. In their observations, SAK, STTK and AKAVA recall that the purpose of the Convention concerning the social impacts of new cargo handling methods is to safeguard the continued employment and livelihood in dock work for port employees by ensuring that registered dockworkers are accorded priority of engagement for dock work. The trade unions consider that the purpose of the collective agreement governing the sector remains important. They express concern that turnaround times are decreasing as new cargo binding methods and unitization increase, and automation of work processes are reducing the need for stevedores in loading and unloading cargo. As a result, pre processing and post-processing of cargo account for an increasing percentage of dockworkers’ work, and employers have sought to assign this work to their employees rather than to registered dockworkers. Moreover, shipping lines seek to assign cargo lashing duties on board stern port vessels, which operate fast, at relatively short intervals and with small cargoes, to seafarers rather than to dockworkers, whereas the trade unions consider that dock work should continue to be carried out by registered dockworkers. The Committee requests that the Government provide a copy of the current collective agreement giving effect to the Convention. It also requests the Government to indicate the manner in which registered dockworkers are assured priority of engagement in dock work, particularly in light of the concerns expressed by the social partners in their observations. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including for instance extracts from reports and particulars of the numbers of dockworkers, disaggregated by gender, employment status (permanent or temporary) and profession, and of variations in their numbers.

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The Committee notes the information provided by the Government in its report for the period ending in June 2012, which includes laws and regulations which entered into force during the reporting period and comments from the social partners. The Finnish Port Operators Association indicates that the general collective agreement of the loading and unloading sector guarantees a permanent full-time employment relationship to over 90 per cent of port workers. This collective agreement limits the average number of temporary workers in undertakings to less than 10 per cent of all personnel. It further adds that between 2005 and 2010, the income level for stevedores’ regular working hours increased by a total of 35 per cent, and the income level for time worked increased 45 per cent. The Finnish Port Operators Association further states that Convention No. 137 unjustly sets port workers in an exceptional position in regard to other employee groups. It proposes that Finland denounces Convention No. 137. The Committee notes that the Central Organisation of Finnish Trade Unions (SAK) has submitted comments of its member association, the Transport Workers’ Union (AKT). The AKT indicates that permanent stevedores’ income levels have been in line with the general wage development in industry from 2005 until the present. It adds that hundreds of jobs have vanished during the period in question, which cannot be explained by the recession or advancing port technology. The AKT views the purpose of Convention No. 137 as being more topical than ever, particularly as the EU White Paper refers to opening up entry to the port services market. The Committee invites the Government to provide information with respect to the issues raised by the social partners and the results achieved at the tripartite level in improving the efficiency of work in ports. Please also provide information on the manner in which the Convention is applied, including for instance extracts from reports and particulars of the numbers of dockworkers and of their variations during the period covered by the next report (Part V of the report form).