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What it is

New rules for port dockwork companies in Spain

BOE step 7 of 7 · Passed

It is a royal decree-law. It was introduced on 29 March 2019. Introduced by: Gobierno.

Official title: Royal Decree-Law 9/2019, of March 29, amending Law 14/1994, of June 1, regulating temporary employment agencies, to adapt them to the activity of port stevedoring and concluding the legal adaptation of the regime of workers for the provision of the port service of handling goods.

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Source: Congreso de los Diputados, file 130/000064· updated 11 Nov

Automatic summary, not yet reviewed

  1. Port employment centers (CPE) will operate as temporary work agencies specific to port dockwork. They can only supply workers to companies holding a port license or authorization.
  2. Companies with a port license may direct, organize and control the work of dockworkers, including choosing the staff for each task. Flexibility measures will be agreed through collective bargaining.
  3. Unions and employers may agree, through a collective agreement, on mandatory worker transfers to keep jobs when companies stop being shareholders of the SAGEP Port Dockworker Management Companies: companies that previously handled dockworker hiring on a mandatory basis. or when the SAGEP become port employment centers. This is only possible during the transition period.
  4. Students taking the port operations professional certificate may do dockwork training under a training and apprenticeship contract, and count those hours toward the practical module.
  5. The Ministry of Public Works will send an annual report on how the liberalization of the dockwork sector is evolving: employment, hiring, working conditions and port competitiveness.
  6. Sector collective agreements have nine months to adapt to the new rule; after that, provisions that do not comply will be null and void. The rule also changes landing fees for helicopters in Ceuta and Algeciras and updates the public company SENASA.

Who it affects

  • Port dockworkers: Their job stability is protected through transfers agreed in collective bargaining, and licensed companies now direct their work.
  • Companies with a port cargo handling license: They may stop being shareholders of the SAGEP and exercise management powers over dockworkers.
  • Port employment centers and temporary work agencies: They must follow specific rules on authorization, financial guarantees and supply contracts, and compete on equal terms.
  • Unions and employer associations: They have a temporary mandate to agree on worker transfers and flexibility measures through collective bargaining.
  • Helicopter operators in Ceuta and Algeciras: They no longer pay the per-operation minimum for landing and air traffic services.

Words worth knowing

Estiba portuaria
Dockwork: loading and unloading cargo from ships at ports.
SAGEP
Port Dockworker Management Companies: companies that previously handled dockworker hiring on a mandatory basis.
Centro portuario de empleo (CPE)
Port employment center: a company that hires dockworkers and temporarily supplies them to port companies, similar to a temp agency but only for dockwork.
Empresa de trabajo temporal (ETT)
Temporary work agency: a company that hires workers and assigns them temporarily to other companies.
Subrogación
When a new company takes the previous employer's place, keeping workers' rights.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced29 March 2019Someone registers the text in the Congreso.
  2. Admitted3 April 2019The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 4 official steps on a timeline
Mar 201911. 29 March 2019: Presentación22. 3 April 2019: Concluido - (Convalidado) desde 03/04/2019 hasta 09/04/201933. 3 April 2019: Diputación Permanente desde 03/04/2019 hasta 03/04/201944. 3 April 2019: Calificación

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Royal Decree-Law 9/2019, of March 29, amending Law 14/1994, of June 1, regulating temporary employment agencies, to adapt them to the activity of port stevedoring and concluding the legal adaptation of the regime of workers for the provision of the port service of handling goods.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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