PROVISIONAL MEASURE OF PORTS: NEW ITEMS CLAIMED BY SHIPPING CATEGORY ARE INCLUDED

PROVISIONAL MEASURE OF PORTS: NEW ITEMS CLAIMED BY SHIPPING CATEGORY ARE INCLUDED

Last March 21st was closed an agreement between Federal Government and the port working category. This agreement resulted in some advances in the negotiation and suspended the strike in ports initially scheduled for last March 25th.

Among the new items included in the Provisional Measure we highlight:

• ØExtension of union representation for new public and private terminals – ensures the entities existing power to make collective agreements with employers by category such as: stevedoring, cargo conference, repair and maintenance of vessels;

• ØProhibition of temporary contract;

• ØAccess to training courses and qualification;

• ØMinimum income during periods of low activity, and;

• ØSpecial Rules of Retirement

 One point on which there is still no consensus is to require employers of new terminals to hire only registered workers.

 A new definition is that the Department of Ports will be responsible for the regulation of guard port, which is now under the responsibility of “Companhias Docas”. Additionally, the Port Authority Council will have equal representation between employers and workers.

NOTE: In the Brazilian Constitutional Law, Provisional Measure (“Medida Provisória”) is an act of the President (Chief of Executive), with the force of law, without the participation of the Legislature, which will only be called to discuss it and approve it at a later date. The assumption of the provisional measure is urgency and relevance, cumulatively.