Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Dock Work Convention, 1973 (No. 137) - Brazil (Ratification: 1994)

Other comments on C137

Observation

Direct Request

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The Committee notes the Government’s reply to the observations of the National Federation of Dockworkers (FNP), received on 1 August 2014, to which it referred in its previous comment.

Article 1 of the Convention. Definitions. The FNP previously stated that the new definition of trabalhadores conferentes de capatazia (dockside checking clerks) established in the new Docks Act (Act No. 12.815 of 5 June 2013) was not in conformity with the Convention, citing the fact that a reference to “public facilities” had been removed from the list of activities under the heading of capatazia (wharfage). The Government indicates in its reply that both Act No. 8630 of 1993 and the new provisions of Act No. 12.815 of 2013 consider that all activities performed by dockworkers fall within six categories, namely: capatazia (wharfage), estiva (stowage), conferência de carga (cargo checking), conserto de carga (cargo repair), bloco (maintenance) and vigilancia de embarcações (ship surveillance) (section 40 of Act No. 12.815). The Government adds that, in the new Docks Act, the activities listed under the heading of capatazia (defined in section 40(1)(I) of Act No. 12.815) are not to be confused with those defined as conferência de carga (defined in section 40(1)(III) of Act No. 12.815). The Government indicates that confusion must be avoided between conferência de carga e descarga (shipside cargo checking), which occurs when the vessel berths in the port, and conferência de capatazia (dockside cargo checking), which occurs after the stowage work is complete and the goods are already unloaded. The Government adds in its report that when the new Docks Act was discussed in the National Congress, there was extensive participation by the social partners, including representatives of the FNP and other occupational organizations. The Committee notes that section 40 of Act No. 12.815 indicates that both capatazia and conferência de carga shall be carried out by dockworkers holding employment contracts of indefinite duration or by casual dockworkers (trabalhadores portuários avulsos). The Committee notes that the provisions of the Convention are applied in Brazil through the national legislation and observes that capatazia and conferência de carga are both included in the activities that the national legislation defines as dock work. As regards revising the terms “dockworkers” and “dock work”, the Committee recalls that the employers’ and workers’ organizations concerned must be consulted, or their participation sought, with respect to such definitions, and new cargo-handling methods and their effect on the various dockworker occupations must also be taken into account. The Committee requests the Government to continue providing information on any revision of the definitions of the terms “dockworkers” and “dock work” established by national law and practice.

Article 2. Employment for dockworkers. The Committee notes that the sole paragraph of section 43 of Act No. 12.815 refers to Article 2(2) of the Convention and this section stipulates that remuneration, definition of duties, composition of shifts, multifunctionality and other conditions of work for casual dockworkers shall be the subject of negotiations between the representative bodies of casual dockworkers and the port operators. The Committee requests the Government to indicate the minimum periods of employment and minimum income guaranteed to casual dockworkers as a result of the negotiations provided for in Act No. 12.815.

Application in practice. The Committee requests the Government to provide information on trends in the number of dockworkers in national ports, indicating the number of dockworkers listed in the registers of the Port Labour Management Boards (OGMOs) disaggregated by age and sex, and specifying those who are regarded as casual dockworkers. The Committee also requests the Government to supply information on the activities of the Standing Forum for the Training of Dockworkers established by the new Docks Act.