The undoubted importance that the port activities of loading, unloading, stowage and disestiba of goods have for the Spanish economy, given the important volume of traffic of goods that through the ports occurs in our country, justifies the treatment of such activities in a law with a range of law that provides, by means of a comprehensive and comprehensive regulation, the various aspects of this activity, from the consideration of it as a essential public service of state ownership.

This new regulation allows us to overcome the current regulations, which both because of its dispersion and other temporary origin and because of its lack of adequacy in various aspects of the constitutional legal framework, major revision. On the other hand, the legal framework so far in force does not correspond to the institutional environment of the evolution of the Spanish economy in general, nor to the changes in the structure of the port traffic itself. The renewal of this institutional environment is particularly urgent from the moment of Spain's accession to the European Economic Community, since in this new situation it is becoming more and more necessary to have a legal framework. It is appropriate to allow for the flexibility and efficiency required for the development at European level of activities linked to port traffic. In addition to these general considerations, particular emphasis should be placed on one aspect of this legal framework, such as the labour market, which is in need of a full adaptation to the system of labour relations derived not only from the Constitution. The Spanish Government has made it clear to the Commission that it is not in a position to take the necessary measures to ensure that the system of employment relations is fully developed in the field of employment. port.

According to these generic criteria, the norm, after declaring the port activities as a public service of state ownership, allows access to the same of the companies through the system of contracting The system combines the guarantee for the public interest derived from the control of the performance of individuals through the contract, with the flexibility of the business performance in this field. It is precisely the concurrent public interest in these activities that determines the possibility of establishing requirements for access to them, and not only from the point of view of solvency and business efficiency, but also from the point of view of the professionalism of the workers who carry out these tasks. Hence the regulation of State Societies which employ port workers to provide them with appropriate practical training and make them available to enterprises on a temporary basis for those cases where the self-employment is insufficient for the development of port tasks.

The labor treatment of the port work is completed with rules on the placement and hiring of the port workers, in line with the criteria of the ILO Convention number 137, ratified by Spain, and together with it the legal regime of the employment relationship of special character of the harbour workers linked to the State Societies provided for in the Statute of the Workers, legal regime that, adapting to the strict peculiarities of the The general rules of employment law, it allows the mechanisms of collective bargaining which enables the development of the labour regime in this type of activity, on the basis of the basic rights and duties recognised in this own rule and in the Staff Regulations.

In this way, a new employment regime is established in the port area, passing from a service provision for the account of several businessmen, with irregular and non-permanent character, with its logical effects in terms of the the existence of large periods of unemployment throughout the year, a legal regime characterised by the clear definition of the business subject, with which an indefinite contract of employment is established. This is a positive measure of employment policy, replacing precarious employment with stable employment, which makes it possible to implement the requirements laid down by the Constitutional Court in its judgments of 2 July 1981 and 30. April 1985, the forced retirement mechanism, provided for in the Fifth Additional Disposition of the Workers ' Statute as the government's faculty. In this way the rationalization of the current structure and volume of the templates of the harbour workers is guaranteed, demanded by the important changes produced in the last years in the systems of harbour work as a consequence of the application of new technologies.

The rule is complete with a series of transitional right provisions that allow the transit of the current system of management of the port activity to the new one without loss of the rights of the managed ones, significantly as regards stability in employment and other basic workers ' rights.

At the present moment the urgency of the need to equip the harbour activities of an appropriate and updated legal framework is forced by a circumstance of great importance; indeed, the sentence of the Chamber Third of the Supreme Court of 23 September 1985 declared the annulment of Royal Decree 2302/1980 of 24 October 1980 and of the Order of the Ministry of Labour, Health and Social Security of 16 June 1981 laying down rules for the Regulation of the administrative structure of work and business activities in the ports of general interest. At the time when the judgment was published and as an executive, without having a rule that replaced it, there would be a situation of a regulatory vacuum of undoubted negative effects on the development of port activities. The urgency of establishing a new legal regime for this activity derives from this situation.

As a consequence of this ruling, the government has accelerated the preparation of the corresponding draft law of the public service of stowage and desestiba, as a rule with the rank of law is required to establish the law. The Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice Decree-law takes place this new regulation, since, since this is the only possibility to regulate By means of a rule with the rank of Law the port activity once dissolved the Chambers, the requirements contained in article 86 of the Spanish Constitution are fulfilled in order to be able to make use of this extraordinary legal instrument, being left justified the extraordinary and urgent need to proceed to the new regulation of the harbour activity.

In its virtue, after deliberation by the Council of Ministers at its meeting of May 23, 1986, in use of the authorization contained in article 86 of the Constitution.

D I S P O N G O:

TITLE FIRST

Public stowage and ship desestiba service: Definition and scope

Article 1. º

1. The activities of stowage and desestiba of ships in ports of general interest constitute an essential public service of state ownership. This service shall be managed by natural or legal persons, without prejudice to the functions conferred on State Societies by this standard. The application of this Royal Decree-law to a port of general interest may be excepted by agreement of the Government Delegation for Economic Affairs when the volume and importance of the traffic in the same one is not of sufficient relevance to justify the organisation of the services provided for in this rule.

2. The provisions of this Royal Decree-Law will also apply to ports that do not have the consideration of general interest, but in which the Organization of Portuguese Works exercises its functions on the date of its entry into force.

However, if the ports referred to in the previous paragraph are managed by an Autonomous Community, it shall be up to the Autonomous Community to determine the organisation of the service, however being applicable in such cases. the rules of a working nature laid down in Chapters IV and V of this rule; for these purposes the references which State Societies are made in the legislation referred to shall be construed as references to the persons to whom the Communities attribute Autonomous the functions that the present Royal Decree-law attributes to such Societies.

Art. 2. º

The following public service activities shall be considered as activities: the loading, unloading, stowage, disposal and transhipment of goods, the object of maritime traffic, in the vessels and within the area port.

However, the activities described above are excluded from such consideration when any of the following assumptions are present:

a) The handling of materials or goods and the handling of mechanical means belonging to the Port Administration.

(b) Those referring to materials or goods of the Ministry of Defence, unless they are carried out by a stowage company.

c) The shipping and disembarkation of mail.

(d) The loading and unloading of trucks, cars and any type of motor vehicle, when these operations are carried out by their owners, users or regular drivers dependent on them, as well as the work (a) additional restraint, when carried out by the crews of the vessels.

e) Driving, coupling and disengaging tracer heads that embark or disembark trailers, if the transport occurs without a continuity solution from outside the port area to its embarkation, or from the ship to outside the port area.

Driving vehicles of all types carrying goods up to the foot of crane or load installation, in direct operations from truck to boat, if the transport occurs without solution of continuity from outside the area port and of those receiving goods on foot of crane or installation of unloading, in direct operations of ship to truck, if the transport is produced without solution of continuity until out of the harbour zone and, in both cases, the operations simple connection of the load or unload media.

The provisions of this paragraph shall be without prejudice to the need to observe, in any event, the general rules governing transport.

(f) The unloading, trawling and storage and how many works are derived from the handling of fresh fish, from vessels of less than 100 gross registered tonnes, or those exceeding that record provided that As a result of the agreement, such tasks are carried out by the ship's crew.

(g) operations carried out in port facilities under concession arrangements, where such facilities are directly related to processing plants, industrial processing facilities or packaging own goods which are moved by such maritime terminals in accordance with their concessional object, unless they are carried out by a stowed undertaking.

(h) Operations relating to the baggage and personal effects of passengers and crew.

(i) The loading, unloading and transhipment operations if they are carried out by pipeline or for the supply of the vessel or for its supply, where the latter does not require any staff to be hired.

j) The handling of tractor heads or cranes that are not permanently attached to port tasks, provided that they are conducted by their usual personnel.

Art. 3. º

Public utility is declared to be of public utility for the purpose of the regulation in this standard, as well as the goods and rights affected by it.

TITLE II

Public service management

Art. 4. º

The management of the public service of stowage and desestiba of ships will be carried out indirectly by natural or legal persons through contract, in the terms provided for in the legislation of State Contracts, and according to the basis for the management of the public service to be established by the Government Delegated Committee for Economic Affairs.

Art. 5. º

All persons wishing to intervene in the management of the public service of stowage and desestiba shall participate in the capital of the State Societies regulated in Title III of this Royal Decree-Law. Such persons shall, for the purposes of this rule, be referred to as stowage undertakings.

The level of participation in the share capital shall be determined in the Statutes of each Company taking into account at least the following objective criteria:

a) Template of fixed workers available, both in the administrative infrastructure and for the performance of the port tasks.

b) Investment in mechanical means.

c) Annual canons for surface occupation and for the use of port works and facilities.

d) Annual volume of goods handled.

e) The degree of participation in the port traffic in the different ports of the State.

f) The annual volume of wages paid in port activity.

The level of participation initially established will be reviewed within the deadlines to be determined in the Constitution of the State Society, by application of the above criteria.

Art. 6. ª

The maximum fees payable for the services provided by the management companies will be fixed by the competent Port Administration.

The basis for fixing these maximum rates will be established by the Government's Delegate Committee for Economic Affairs, taking into account these effects the assessment of factors such as the types of charges, the yields, international competitiveness and the intermodal coordination of national transport.

TITLE III

State Societies

Art. 7. º

1. A State Company shall be established in each port within the scope of this standard, as a Company in accordance with the provisions of Article 6 (1) (a) of the General Budget Law.

These companies will aim to ensure the professionalism of workers who develop port activities and the regularity in the provision of services in such activities, to which they will contract in the field of special employment relationship of dockers to those workers necessary for the development of such tasks, as provided for in Titles IV and V of this Royal Decree-Law.

2. The participation of the State in the capital of these Societies will be greater than 50 per 100 of it, consisting of its initial contribution in the net worth belonging currently to the Autonomous Body Organization of Harbour Works, a the forecasts contained in the First Transitional Provision of this standard are met.

Art. 8. º

Each State Company will be financed by the initial contribution to be set by its Statutes for the companies that initially constitute it or are incorporated subsequently, as well as with the monthly quotas of the companies, determined on an individual basis for each of them in proportion to the use of the staff services belonging to the Company's workforce.

The amount of such quotas will be reviewed in the terms provided for in the Statutes.

The termination of the contract for the management of the public service of any of the partners, for any reason, will result in the forced acquisition of their shares by the other, excluding the State, in proportion to the share of capital social that has each of those that remain.

The entry of a new partner will force those already incorporated in the State Company to carry out, in favor of that, forced actions of actions with the same criterion of proportionality as set out in the paragraph previous.

TITLE IV

Placing and hiring of port workers

Art. 9. º

Only those workers who are registered in the special register of port workers who will exist in the Employment Offices may be hired; the registration in that register will take place in respect of the workers who have passed the relevant aptitude tests and followed the appropriate course of the port development. Registered port workers must state that they are available for work in any of the contractual arrangements provided for in Article 10.

Once the workers have been hired by the corresponding State Society, the State Society must provide them with the appropriate professional training of a practical nature that guarantees professionalism in the development of the tasks port.

In accordance with the provisions of the preceding paragraph, and unless the circumstances provided for in Article 12 are given, only workers who, by virtue of their association with a State Company, have their professional competence accredited may provide services in port tasks.

Art. 10.

The employment relationship of the workers can be established with both the State Societies and the pension companies, having this relationship in the first case the consideration of a working relationship of character special.

In the second case, the contract may take place only, unless the circumstances provided for in Article 12 are given, in respect of workers with professional qualifications as provided for in Article 9, in which case the Established employment relationship will have the consideration of common.

When a worker establishes a common working relationship with a management company, as provided for in the previous paragraph, the special employment relationship with the company will be suspended, with the worker having the option of resume this special relationship of origin when the common working relationship is extinguished. The exclusion of the joint employment relationship by mutual agreement of the parties, by the resignation of the worker or the disciplinary dismissal declared, is exempted from this rule. In cases where the common working relationship established with a holding company is under the form of a part-time contract, the suspension shall not take place in the preceding paragraph, continuing to produce effects special work, which will be novated in part-time contract mode.

Art. 11.

In order to maintain the appropriate level of professionalism in the provision of the service, the State Societies must provide, on a temporary basis, the workers belonging to their Staff who are required for the development of tasks which cannot be covered by the own personnel of each undertaking; workers who undertake these tasks shall do so by means of the rotation system.

In such cases the Company will retain the character of the employer in respect of these workers, with the specific rights and obligations in terms of organization of the work and conditions of development of the same as This is the responsibility of the State for the purposes of this Regulation. The respective rights and obligations arising from the relationship established between the Company and the holding company shall be determined in the agreement that the effect is subscribed to.

Art. 12.

When State-owned companies are unable to provide the requested workers, because they do not have sufficient numbers of workers to do so, and so they will be able to recruit them directly, they will be able to hire directly, without exceed one shift of work, to workers registered in the special register referred to in Article

.

Registration in this Register will occur not only for the purposes of accreditation of basic professionalism but also for the placement effects provided for in the Basic Employment Law.

Only in the event that in this Register there are no workers with the required training for the performance of the functions required by a styler company, it will be able to hire non-registered workers in it.

TITLE V

Special employment relationship of port dockers

Art. 13. Scope of application.

1. This Title regulates the special employment relationship of the dockers to which the Additional Provision of Law 32/1984 of 2 August 1984 on the modification of certain articles of Law 8/1980 of 10 March 1984 is concerned. of the Staff Regulations, in conjunction with Article 2 (1) (g) of the Staff Regulations.

2. It is considered the special employment relationship of the dockers, established, on the one hand, by the State Societies regulated in Title III of this norm, and on the other, by the port workers.

3. For the purposes of this standard, port workers are considered to be employed by the State Societies referred to in the preceding paragraph in order to carry out the work corresponding to the activities defined as members of the public service of stowage and desestiba in article 2. º of this Royal Decree-law.

The working relationships established between the State Societies and the personnel employed by them to perform functions that do not have the consideration of port facilities remain outside the scope of this special relationship.

Art. 14. Duration of the work contract.

The employment contract in the scope of this special employment relationship can only be arranged indefinitely.

The special employment relationship will be extinguished, in addition to the causes provided for in Article 49 of the Workers ' Statute, at the will of the State Society when the worker rejects repeated offers of employment. appropriate to their professional status from those who wish to establish a common employment relationship in the terms of Article 10.

Art. 15. Recruitment.

One. The contract shall be formalised in writing and in triplicate. One copy shall be for each of the contracting parties and the third shall be registered in the Employment Office. The contract shall be adapted to the official model approved by the Ministry of Labour and Social Security.

Two. Agreements prohibiting or having the effect of preventing the conclusion of a contract of employment between the port docker and the management company shall be void, in accordance with the provisions of this rule.

Art. 16. Remuneration.

The remuneration of the dockers will be, in their modalities and amounts, the agreed collective agreement or individual contract of employment, with respect, in any case, of the rules on minimum wages.

When port stowers are to provide services in the field of the holding companies, they will be entitled to receive the corresponding salary supplements, in accordance with the agreement of the collective agreement or contract individual.

Art. 17. Management and control of work activity.

When port stowers develop tasks in the field of the management companies as provided for in this standard, the powers of management and control of the work activity will be exercised by the corresponding company during the service delivery time in its scope.

In such cases, and without prejudice to the exercise by the State Society of the disciplinary power conferred by Article 58 of the Workers ' Statute, when a company considers that it is a port docker there has been a breach of contract, it shall be brought to the attention of the State-owned Company whose staff member is such a worker, in order to ensure that the relevant sanctioning measures are taken by that company. The company may also make a specific proposal for a penalty, which will be binding on the State Company.

Art. 18. Working conditions.

When port stowers develop tasks in the field of stowage companies, as provided for in this standard, it will be up to such companies to ensure the effectiveness of workers ' rights to the protection in the field of safety and hygiene at work, as well as compliance with legal or conventional regulations relating to working time and functional mobility. In such cases, undertakings shall be liable for breaches and infringements of the rules of application, arising from their actions or omissions, and administrative or administrative action may in such cases be brought against them. (a) in the same terms as provided for in the common labour law for employers.

Art. 19.

In the absence of this rule, the Staff Regulations and other labour standards of general application shall apply as soon as they are compatible with the special nature of the employment relationship of the workers. port stowers.

ADDITIONAL PROVISIONS

First.

The designation of state capital representatives in the State Societies will be jointly conducted by the Ministries of Economy and Finance, Labor and Social Security, Public Works and Urban Planning and Transportation, Tourism and Communications.

Second.

State-owned companies governed by this standard shall be constituted within a period of not more than 12 months following the entry into force of this rule.

Third.

The Government is authorised to make the necessary provisions for the development and implementation of this Royal Decree-Law.

TRANSIENT PROVISIONS

First.

1. The Autonomous Body of the Organization of Portuguese Works is hereby abolished, which, within the maximum period of twelve months, shall liquidate its Assets and its Passive, determining the resulting net worth, which shall be provided by the State to the corresponding State Societies, the legal personality of the Organization of Portuguese Works being extinguished once these State Societies are established.

2. Regulations shall determine the way in which the staff of the Portuguese Works Organization will be integrated, either in other Bodies or Escalations of the Public Administrations, or in the staff of the State Societies, as they are concerned of officials or employees, respectively.

Second.

1. Companies that, at the entry into force of this Royal Decree-Law, are carrying out the port tasks described in Article 2. º and who wish to continue to act as such, must necessarily be integrated into the State Societies.

2. Workers who at the entry into force of this standard are included in the censuses managed by the Organization of Portuguese Works, will become integrated in the templates of the corresponding State Societies, which I know subrogate in all the rights and obligations of work in respect of those who are legally recognized. The integration will occur by subscribing to the corresponding contract in the terms provided for in Articles 9, 10 and 15 of this Royal Decree-Law.

The workers who, at the entry into force of this standard, belong to the templates of the port companies and at the time of establishing their contract will be included in the censuses managed by the Organization of Port Works, will continue to develop the same in the agreed terms, although they will be applicable to the intended effects for the suspension of the contract with the State Society in the 2nd paragraph of article 10, being able to pass, in the terms provided for in that provision, to the staff of the corresponding State Company in the case of termination of your contract with the port company.

When the workers referred to in the previous paragraph have not been registered at the time of their hiring in the censuses managed by the Organization of Portuguese Works, the validity of the contract, but no assimilation of the effects of Article 10 of this rule will occur.

Third.

According to the provisions of the Fifth Additional Disposition of the Workers ' Statute, the deadline for the capacity to work for those registered in the censuses managed by the Organization of Workers Port Works on the date of entry into force of this Royal Decree-Law will be that in which these workers meet the retirement age corresponding to them in accordance with the applicable Social Security regime. This compulsory retirement may only take place if the worker has completed the periods of absence necessary to receive the corresponding retirement pension.

When, as a consequence of the application of the provisions of the previous paragraph, the absence of dock workers with the appropriate qualification for the maintenance of the regular activity in a port could be derived Organization of Portuguese Works will put it in the knowledge of the Provincial Directorate of Work and Social Security. That authority may, in the light of the relevant reports, agree to suspend the application of compulsory retirement for such specific cases. The above is without prejudice to the right of workers to apply for their retirement on a voluntary basis in the cases before they are regulated.

Also, according to the purpose of adapting the size of the censuses currently managed by the Organization of Portuguese Works to the operational needs of the State Societies to which it is This Royal Decree-Law may establish by regulatory means the procedure and criteria to be applied for the determination of the operational templates at the time of their creation, the form of determination of the surplus labour and the instruments to improve the intensity of the unemployment protection of workers currently enrolled in the census of the Organization of Portuguese Works that will have to cause low in the same ones to reach the adequate dimension of the initial templates of the State Societies.

This provision will apply from the entry into force of this Royal Decree-Law and for a maximum period of five years.

The cost of the measures provided for in this provision will be financed from the resources to be established.

REPEAL PROVISION

As many provisions of equal or lower rank are repealed, they oppose the provisions of this Royal Decree-Law. Specifically, the Order of Work of the Portuguese Estimators Approved by Order of 29 March 1974 is repealed, producing effects such a derogation on the date of definitive extinction of the Organization of Portuguese Works.

FINAL DISPOSITION

This Royal Decree-law will enter into force on the day following its publication in the "Official State Gazette".

Given in Santa Cruz de Tenerife to May 23, 1986

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ