The Dutch Court of Appeal decided to ask the European Union Court of Justice for guidance on a legal issue involving the Non-Seafarers’ Work Clause (NSWC), reads an ITF release.
As stated, 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.
ITF to defend seafarers’ work clause
The International Transport Workers’ Federation (ITF) and its affiliated unions strongly support the Non-Seafarers’ Work Clause (NSWC), viewing it as a vital outcome of collective bargaining between unions and employers. They argue that such agreements are essential for protecting workers’ rights and wellbeing.
Specifically, the NSWC is designed to safeguard seafarers by ensuring that high-risk port tasks, such as lashing (securing cargo on deck), are carried out by trained dock workers. This protects seafarers from injury and fatigue, particularly at the end of long voyages when rest is most needed.
“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 Paddy Crumlin, President, ITF.
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Source: ITF
