PROVISIONAL MEASURE OF PORTS – TEMPORARY WORK WILL BE PROHIBITED

PROVISIONAL MEASURE OF PORTS – TEMPORARY WORK WILL BE PROHIBITED

It is very likely that the Federal Government include in the Provisional Measure of Ports (which sets new rule for the sector) the prohibition of hiring temporary workers for new public and private ports. Employment contracts would be governed by “CLT” (Consolidation of Labor Laws) or by a differentiated regime.

 In the new public ports to be built (Manaus and Bahia), the Federal Government approved the hires could be made through the management bodies of manpower, which in Brazil is called “OGMO” due to negotiations between labor unions and employers.

 It is worth emphasizing that the private terminals, so there will be no charge for hiring employees. The “OGMOS” currently have a monopoly on labor brokering in public ports.

 “Multi-functionality Principle” – the Federal Government should include in the Provisional Measure of Ports the so called Multi-functionality Principle, which basically consists in unifying all the existing categories in the ports in a single specialty. In practice this means that the worker will be able to operate a modern crane on land or serving on board.

Obviously, it will be necessary training courses and qualifications for workers in this sector.

 Additionally, it is also “part of the package” the adoption of a system of retirement with special rules for the port, to accommodate those who cannot afford to continue on active duty, and the implementation of a minimum income.

 All these measures are being discussed between representatives of workers, employers and the Federal Government, and is expected to reach to a consensus soon, which could end the threat of a strike against the Provisional Measure of Ports, March 25th next.

 

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.