150906 TCB Barcelona container terminal photo (3)
Barcelona

Thousands of Spanish dockworkers’ jobs are at threat if the country’s government follows through with plans to enact EU legislation, according to the International Dockworkers Council (IDC).

The decision follows a European Court of Justice (ECJ) decision in 2014 that ruled the existing legislation was at odds with Article 49 of the EU Treaty’s freedom of establishment principle.

Under Spanish law, dockworkers must be members of stevedoring societies, known as Sociedad Anonima de Gestion de Estibadores Portuarios (Sageps), which recruit and train port workers before making them available to terminal and cargo operators.

The ECJ found Sageps limited the options employers had for sourcing workers, who could only source non-Sageps workers if they lacked the numbers required, or the workers were unsuitable.

Despite the ruling the government failed to make changes, resulting in a €15.6m fine being levied last July by the court, which added a €134,000 daily fine until necessary amendments were made.

However, the IDC claims that the government is now ready to act and will implement changes without consultation with dockworkers.

An IDC spokesperson told The Loadstar that the measures would cost the jobs of 8,000 workers.

“Current Spanish legislation allows workers to be associated with stevedoring societies in each port, these societies are formed by private companies that subcontract workers,” said the spokesperson.

“The Spanish government is finalising a decree to impose temporary employment companies, for workers without training; and dismiss those who are already working.”

An article in Port Strategy argued the decision was long overdue and union bodies were only seeking to prevent the move to preserve a lucrative status quo for their members.

“The power of the unions under the SAGEP structure is effectively amplified via their ability to implement co-ordinated measures such as slow-downs and the reduction of available labour as part of campaigns to achieve CBAs,” said Port Strategy.

The article went further in noting that labour action at one port had cost the operator as much as €15m.

 

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