Today, the Dutch Court of Appeal ruled that preliminary questions will be brought before the European Union (EU) Court of Justice on the Non-Seafarers’ Work Clause (NSWC).
The EU Court of Justice will be requested to shed light on whether the NSWC forms a breach on the freedom of free competition and, if so, whether the NSWC is justified considering the fundamental freedom of collective bargaining.
As a result, at this moment, the initial positive ruling of the Rotterdam Court confirming the validity of the NSWC still stands.
The ITF and its affiliated unions uphold the principle that social partners, through collective bargaining, can jointly decide what best serves the interests of workers. The purpose of the NSWC is to safeguard the work and rest hours of seafarers by ensuring dock workers perform port tasks, such as lashing.
The ITF and its affiliated unions will defend the NSWC before the EU Court of Justice.
“We remain steadfast in defending the NSWC, because seafarers’ safety and rest hours are non-negotiable. Therefore, the ITF will continue to campaign strongly and continuously on an agreed clause negotiated with the employers that is central and fundamental to the health safety and protection of both the seafarers and dockers involved,” said ITF President and Dockers’ Section Chair, Paddy Crumlin.
The ITF and its affiliated unions stand by the NSWC and the goal it aims to achieve: protecting seafarers’ rights, safety, and wellbeing.
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Notes to Editors
- Cargo handling and lashing – securing containers to the deck of a vessel, using heavy lashing bars and bottle screws – is dangerous work that should be undertaken by trained dock workers to mitigate safety risks.
- Forcing seafarers to undertake cargo handling exposes them to danger in the task itself, while also elevating the risk of accidents at sea on vessels made unsafe by poorly lashed containers and other cargo. For seafarers, such tasks add to fatigue at the end of voyages when they should be resting or taking shore leave.
