The Government approves a Royal Decree-Law that includes the necessary measures to facilitate the transformation of the sector towards competition, guaranteeing stability in employment. The legal framework for the Port Employment Centres, such as temporary work enterprises, Is completed.
The Council of Ministers, at its meeting today, has approved a Royal Decree-Law that advances in the improvement of the legal framework applicable in the activity of stevedoring.
Royal Decree Law 8/2017 deeply modified the operating system of stevedoring, establishing freedom of contract for the provision of this service, which until that date should be made preferably by Stevedoring Companies ( Called SAGEP), which were part of stevedores as workers of the same.
After the experience accumulated in the two years of implementation of Royal Decree Law 8/2017, the Government has approved a new Royal Decree-Law in order to complete and strengthen the legal framework, ensuring an orderly transition to the new framework of competition.
Thus, the Royal Decree-Law provides for legal habilitation so that through the Collective Agreement the compulsory subrogation of the workers can be agreed for the companies that decide to leave the Stevedoring Companies (the so-called SAGEP), thus ensuring a Right that is already collected in other productive sectors and thus ensuring the basic labour rights of workers and facilitating employment stability.
It Also includes an Amendment to the Temporary Employment Companies Act (ETT), to establish the specificities of the Port-of-Work Centres and the rest of ETT that develop part of their activity in the stevedoring sector, in order to:
-Improve its effectiveness, taking into account the singularities of this sector (and particularize bureaucratic obligations, financial guarantees, etc.).
-And in the specific case of the Port Employment Centres, to establish the requirement that their owners must have the license of stevedoring company, so as to ensure the owner’s connection with the activity that is carried out and with it the maximum level of Professionalism.
Likewise, the capacity of the entrepreneurs in the organization and direction of the work is reinforced, without forgetting the protagonism that is given to the collective negotiation in certain questions of the organization of the productive activity.
It Also modifies the Royal Decree-Law 8/2017 to allow the use of the learning contract for the training of stevedores, thus facilitating access to the profession and increasing its quality. In this way, students who are pursuing the Certificate of Professionalism that gives access to the profession will be able to benefit from a labor contract while they develop the practices.
This Royal Decree-Law gives answer to the proposal not of Law passed unanimously in the Congress of Deputies on February 20, in which the Government is urged to complete the normative framework for the port stevedoring activity, with the greatest possible consensus in the Sector and respecting the principles of European legislation, and with the final objective of combining the principles of freedom of engagement with workers ‘ rights.
The Government has carried out an intensive dialogue with the sector in order to ensure the maximum possible consensus, as well as with the European Commission, in order to clarify its objectives and to clear any doubts about the maintenance of the framework of freedom Existing recruitment to date.
Regulatory Adaptation of the stevedoring sector
Furthermore, the Council of Ministers has also agreed on the urgent processing of the draft Royal Decree laying down the rules for the granting of special aid for the adaptation of the port stevedoring sector.
This Draft Royal Decree aims to establish the regulatory basis for the direct granting of special aid to workers in the port stevedoring sector affected by the structural changes in industrial relations in the sector As a result of the judgement of the Court of Justice of the European Union of 11 December 2014, a relapse in Case C-576/13.
The purpose of this aid scheme is to facilitate the voluntary departures of older workers, who have a maximum of 60 months to reach the ordinary retirement age, in the best conditions and thus contribute to the necessary restructuring Of the stevedoring sector, providing these workers with economic coverage, provided that they fulfil the conditions and requirements that will be regulated in this Royal Decree. The content of the professional certificate for access to the profession will Also be amended.