V State Sectoral Agreement on Stevedoring

On Friday 8 May 2022, the V State Sectoral Agreement on Stevedoring was signed, which came into force in May 2022 following its publication on May 18 in the Official State Gazette, under the title: “Resolution of 4 May 2022, of the Directorate General of Labour, by which the V Agreement for the regulation of labour relations in the port stevedoring sector is registered and published”.

There were five signatories to this long-awaited and important agreement at local and state level:

  1. The National Association of Stevedoring Companies.
  2. Port Employment Centres.
  3. The State Coordinator of Seafarers
  4. The State Federation of Services, Mobility and Consumption of the General Union of Workers.
  5. The Federation of Citizen Services of Trade Union Commissions.

In addition to the signature of these five corporations, this Agreement has the approval of the National Commission for Markets and Competition, as well as that of the Ministries of Transport, Mobility and Urban Agenda and the Ministries of Labour and Social Economy.

The main objective of this Agreement is to provide legal certainty to the economic activity of stevedoring, and to this end, it had to adopt the legal provisions of both the state framework, as well as those applicable in the EU. In other words, this Agreement had to adapt to and respect the new legal framework of the stevedoring sector, as well as the rulings of the Court of Justice of the European Union in its judgements of 11 December 2014 and 13 July 2017.

With regard to the technical characteristics of this Agreement, it should be noted that this Agreement will be applied in the Spanish territory, without exclusions, and in particular it will apply to companies holding a licence for port services for the handling of goods and to Port Employment Centres.

It is scheduled to run until 31 December 2025 and may be extended.

Regarding the most noteworthy content of this 5th State Sectoral Agreement on Stevedoring, we highlight the following aspects:

  1. The organisation and direction of work shall be the sole responsibility of the management of stevedoring companies.
  2. The stevedoring companies shall employ the personnel affected by this Agreement in the activities of the functional scope taking into account the legally required qualifications and the selection procedure and professional framework agreed in the agreement.
  3. The work will be distributed daily by rotating the available staff by professional groups.
    Likewise, the Port Employment Centres will be able to make personnel available to stevedoring companies through a rotation system by professional groups and specialities.
  4. The workers covered by this Agreement are classified into 4 groups according to their specialization:
    a. Specialist.
    b. Handling Officer.
    c. Commodity Controller.
    d. Foreman.
  5. The selection and recruitment of personnel for the provision of port handling or cargo handling services shall be free.
  6. Regarding the regularisation of labour relations:
    a. A maximum working time of 1,826 hours per year is established.
    b. It is established that excess working time is to be counted as overtime.
    c. The minimum annual leave shall be 30 calendar days.
    d. It is stipulated that minimum vocational training must be ensured.
    e. Finally, with regard to the minimum remuneration to be received, it is established that a guaranteed salary of thirty shifts per month must be provided for full-time permanent staff, adapting the same to other types of working hours.

This guarantee replaces the so-called inactivity wage and does not apply to those Port Employment Centres and stevedoring companies that have fixed monthly time unit wage or a guaranteed minimum monthly wage.

This guarantee replaces the so-called inactivity wage and does not apply to those Port Employment Centres and stevedoring companies that have fixed monthly time unit wage or a guaranteed minimum monthly wage.

As can be seen, this 5th State Sectoral Agreement on Stevedoring does not leave indifferent any agent or worker linked to the sector, who will have to adapt to what has been agreed.