A Dutch court has ruled that ship managers, ship owners and charterers must honour a clause that prevents seafarers from being assigned dangerous lashing work where professional dock workers are available.
The ruling from the Rotterdam District Court means that companies who employ seafarers on shipowners’ behalf, must ensure that cargo handling must be performed by trained local dock workers where possible, and not given to seafarers as an additional responsibility.
The court emphasised the importance of the proper implementation of agreements reached through social dialogue and the binding nature of such agreements. It also reaffirmed the ‘Albany exemption’ which provides that collective bargaining agreements are exempt from certain requirements of EU competition law.
The court makes clear that the parties are bound to the terms of the agreement. Given the weight attached to social dialogue within the European Union, and in the principle statements of companies – it is of paramount importance that they follow through. That starts with employers doing what they say they will
said ITF President and Dockers’ Section Chair, Paddy Crumlin.
“Lashing can be extremely unsafe for seafarers, who are often untrained in port operations, such as the dangers of moving cranes. Automated terminals and supply chain pressures have further increased these dangers to ships’ crew,” ITF Dockers’ Section vice-chair Niek Stam, added.
