Debate points to the need to perfect port legislation
Increasing number of labor lawsuits threatens the operation of labor-management bodies
On Tuesday (12/2), representatives of the government, of the workers and of undertakers admitted the need to enhance the legislation that regulates ports in Brazil. That was also the position of Deputy Iriny Lopes (PT-ES), after the public hearing at the Committee on Labor, Administration and Public Service, whose purpose was to discuss the increasing number of labor lawsuits that threaten the operation of bodies related to labor-management and to temporary workers.
Lopes suggested that debate after the publication of a news release informing that the indemnities being enforced by the Labor Justice would render the payment of workers at the port of Santos impracticable.
Origin of the distortions
The Law on Port Modernizing (Lei 8.630/93) transferred the management of temporary workers from the unions to an organization managed by the port operators. “That is the origin of the distortions currently faced by the system”, says the President of the National Federation of Foremen and Loading and Unloading Responsible Clerks, Dock Guards and Bloc Workers, Pointers and Moorers in Port Activities (FENCCOVIB). (Fenccovib), Mário Teixeira.
According to him, that Labor Management Body (OGMO) is concomitantly responsible for the registration, inspection and payment of labor. “OGMO was created by the very undertakers that are being sued in labor justice, exactly because they do not comply with issues linked to OGMO’s purpose. The body should comply with the rules of the contract or collective convention, but, in fact, it does not comply with the conventions and obeys to the companies” accuses Teixeira.
He defends a change in law, to guarantee a three-party composition in labor management, with the parity presence of government representatives, of undertakers and of workers.
Procedural harassment
For the president of the National Federation of Port Operators (Fenop), Mauro Salgado, the problem of the OGMOs does not result from management and from non-compliance with labor rules. He believes the core problem, especially the one faced by the port of Santos, is that the OCMOs suffer procedural harassment by labor complaints, usually unproven.
According to him, the potential liability is R$1.4 billion, claimed by a minority (around 500 workers), encouraged by half a dozen of lawyers’ offices. “The numbers show effectively that the problem of Santos is a lone-standing problem, a legal distortion”, defended Salgado.
The undertakers recognize that the claims in Labor Justice result from issues regarding the interpretation of the enactment of the prevailing rules, which can be enhanced. They indeed recognize some management problems, but defend the adopted model, which, according to them, is really a three-party model, with the parity presence of representatives of port operators, of the undertakers that move the loads and of port professionals.
Parity committee does not work
For the Regional Attorney on Labor and National Vice-Coordinator of Port and Waterways Labor (Conatpa), Ronaldo Curado Fleury, a parity committee does not work. According to him, the rule dictates that workers should participate, but the supervision councils, which are parity councils, do not work in the practice. For the representative of the Attorney General Office on Labor, it is not necessary to change the composition of the OGMO, but to enforce what is established by law.
“It is not up to us to say if the law is good or not. What I can affirm is that the OGMO has never actually worked, for a simple reason: it is a body without independence, managed by the operator, and which follows rules that are being discussed by the parties”, highlighted Fleury.
He also criticized the absence of a training politics, and accused the undertakers’ and government bodies of not applying the collected contributions for qualification. The attorney also attacked the temporary workers for not willing to be contracted for an undetermined period of time. If they were registered by the companies, they would be protected by legislation”, he highlighted.
Fleury recognized that Labor Justice does nothing against the abuse in the employees’ right of action, but prefers that situation to any proposal to limit that right.
Report - Cid Queiroz
Editing - Marcos Rossi
Translation: Positive