Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the observations by the dockworkers’ union Intersindical da Orla Portuária do Estado do Espírito Santo (ES), forwarded to the Government in February 2004, and the Government’s comments thereon received in October 2004. The abovementioned union recalls the provisions of Act No. 8630 and those of Convention No. 137 and asserts that in the Vila Velha port terminal, which is under private administration, the principles laid down in the Convention are not being observed and that there are no decent working conditions. It states that in the Vila Velha terminal, workers are being hired who are not qualified for dock work and are not registered in the "cadastro" established in the national legislation. In the interests of lower and competitive prices, pay is much lower and working conditions very precarious, all of which amounts to a form of social dumping. In its observations the Government recalls the applicable national legislation adopted to give effect to Convention No. 137, and indicates that the federal Government is taking steps to integrate the activities of all the public bodies concerned by dock work, focusing in particular on negotiation between the social partners and giving practical effect to the specific occupational safety and health standards that apply to dock work. The Government states that a Standing National Committee has been established (September 2003) and formed (March 2004) as a tripartite forum for reaching consensus on issues pertaining to labour relations and occupational safety and health in dock work. The activity of the above committee should serve to strengthen nationwide the institutional model of Act No. 8630 and of the international labour standards on dock work (Convention No. 137 and Recommendation No. 145).

2. The Committee refers to the comments it has been making for many years in which it has reflected the worries of the trade unions concerned. The Committee hopes that in its next report the Government will be in a position to provide more detailed information on the manner in which the Convention is applied in all ports of the State of Santo Espírito, and to report on the measures adopted to overcome the difficulties referred to by the aforementioned Intersindical Portuária. The Committee refers in particular to its observation of 2003 and hopes that the Government will be able to provide information on the results achieved at the tripartite level to give effect to the provisions of Articles 2 and 5 of the Convention, including information on achievements under the Integrated Programme for the Modernization of National Ports (Part V of the report form).