Victory for dockers jobs and seafarer safety in Dutch ports

Unions have secured an important victory in the campaign for seafarers’ safety in July 2022 as 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.

In 2020, the ITF, FNV Havens and Nautilus NL took the case against Marlow Cyprus, Marlow Netherlands and Expert Shipping over their refusal to adhere to the Non-Seafarers’ Work Clause to court in the Netherlands. The companies signed up to the agreement in 2018 and the clause came into force two years later.

The ruling from the Rotterdam District Court means that the 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 decision means greater safety for seafarers and also secures jobs for dockers.

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.

“Employers like those we’ve won this important case against, have been reminded this week by the court about what it actually means to be a social partner. It means doing what you say you’ll do. It means keeping your word.