Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. In its earlier comments the Committee noted the observations of the Canary Islands Nationalist Autonomous Confederation (CANC), endorsed by the National Federation of Dockworkers, concerning the situation of workers enrolled in the Special Register of Dockworkers of La Luz and Las Palmas. It also noted the detailed explanations of the Government concerning the Special Register of the National Employment Institute (INEM). The Committee asked the Government to indicate whether, in the light of developments in the situation in the port of Las Palmas, it will be possible to guarantee to workers enrolled on the Special Register "minimum periods of employment or a minimum income, in a manner and to an extent depending on the economic and social situation of the country and port concerned", as required by Article 2, paragraph 2, of the Convention. The Committee observes that no new information has been supplied by the Government on this point. It therefore reiterates its hope that the Government will not fail to provide the information requested in its next report.

2. The Committee notes the observations of the Inter-Union Center of Galicia (CIG) concerning the situation of non-registered workers engaged on a casual basis by private stevedoring companies in the Galician ports of La Coruña and Vigo. The CIG states that wages and other conditions of work of this category of dockworkers are inferior to those of registered dockworkers employed by a state company.

3. The Government indicates in its reply to these observations that, during the period of restructuring, the Port Work Organization (OTP) continues to perform supervisory functions in regard to the implementation of the relevant national provisions, in accordance with section 15 of the Labour Ordinance of 1974, and reports to the competent authorities any defaults or shortcomings in their implementation. It also makes reference to the Resolution of the General Directorate of Labour of 27 November 1980 on the performance of dockwork operations by private enterprises in the port of Vigo, according to which presumed contraventions are to be reported to the Labour Board of the Port of Vigo and to the Labour Delegation of the Council ("Xunta") of Galicia. The Government indicates, with reference to the Provincial Directorate of Pontevedra, that any information on presumed contraventions is communicated to the competent administrative bodies. It also supplies information on measures taken and contemplated with a view to ensuring that appropriate safety, health and vocational training provisions apply to dockworkers. As regards the situation in the port of La Coruña, the Government states that private stevedoring companies do not operate there.

4. The Committee would be grateful if the Government would provide in its next report information on the conditions of employment of dockworkers recruited on a casual basis by private stevedoring companies, indicating in particular whether minimum periods of employment or minimum income are assured to this category of workers, as required by Article 2, paragraph 2. Please also supply the text of the Resolution of 27 November 1980 referred to above. The Committee hopes that the Government will continue to supply information on measures taken to ensure that appropriate safety, health, welfare and vocational training provisions apply to dockworkers, as required by the report form under Article 6.

[The Government is asked to report in detail for the period ending 30 June 1993.]