Independent journal on economy and transport policy
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Port of Naples, the ANCIP asks the respect for the rules on the job and the AdSP retort confirming the contest for the allocation of article 17
Precise the harbour agency that only if the contest had to go desert will proceed to the constitution of the agency of administration of temporary harbour job
December 20, 2018
It is outlined to sharpen of the contrast on the issue of the harbour job to Naples between the Authority of Harbour System of the Tyrrhenian Sea Central and the National Association Companies and Harbour Enterprises (ANCIP). This last one has newly recalled the harbour agency, that it administers the ports of Naples and Salerno, to the respect of the regarding rules the harbour job and to the exercise of the vigilance on the harbour job. The Authority of Harbour System has replied confirming the next start of a contest for the allocation in the port of Naples of article 17 of the harbour law, that is the subject authorized to the supply of temporary the harbour job, specifying that the allocation will second happen "the tariff conditions and of productivity that an effective operativity today allows with the CULP of Salerno" and that "the contest will presee the social clause of employment of the current associates of the Company Unica Lavoratori Portuali (CULP) of Naples".
The AdSP of the Tyrrhenian Sea Central has specified moreover that only if the contest had to go desert will be proceeded second to the constitution of the agency of administration of temporary harbour job, that it would be managed by the same harbour agency, "guaranteeing - it has still clarified the authority - continuity of employment to the workers a various previewed institutional order from the law. To continue not to assume decisions - it has emphasized the AdSP - would mean to question the occupational orders and the same future of the flexible job in the port of Naples".
The new remonstrances of the ANCIP on the situation of the job in the port of Naples regard - it has explained the association of the Harbour Companies - "some criticalities in the elaboration of the plan of the organic one of the workers, in particular in the relationship between the persistent demand for professionalizzata flexibility of temporary harbour job (of which the port it seems to need constant) and the demanded increasing the marine carriers to carry out the harbour operations of boarding/disembarkation of own ferries in self-handler regime, that is without to resort to local the harbour enterprises and/or to I use it of the performances of temporary harbour job supplied by the Unica Lavoratori Portuali Company of Naples, in a moment of difficulty of this last due cooperative also to the deficiency of occasions of sufficient job in order to guarantee of the sustainability".
To such purpose the association has anticipated that it will send a note to the AdSP in sight of the next reunions of the advisory organs, document in which the ANCIP it is stopped on the necessity of "respect of the rules of the harbour job and on the requirement, today unavoidable - it has emphasized the association - than the harbour agency effectively exercises own adapted power of vigilance through and continues execution controls on how harbour job; in species, on the respect by the harbour enterprises (terminaliste and) of the dispositions previewed from the enforced regulations and the current national collective bargaining agreement of reference on how and on the limits of I do not use of the workers of such enterprises (hours of extraordinary, laid by compensating, I laid by weeklies magazine, I compute of the salary and wage second the parameters of the ccnl, etc); on the phenomenon - prohibited from the law but, unfortunately, frequent - of the exchange of labor between harbour enterprises".
"The violation of these rules - it has denounced the ANCIP - generates an unjust competitive stortura between the same enterprises (penalizing those most vituous ones) and constitutes an illegitimate obstacle to the employment of the workers available of the CULP as well as a damage to the deriving state treasury from the increase of the expenses for the greater inevitable rerun to the institute of the ndemnity of lacked starter by the same CULP".
The ANCIP will ask therefore the AdSP the intensification for such controls, "also - it has specified the association - with the support of the labor organizations, in order to achieve turned out appreciable against dynamics that they end in order to penalize the harbour workers generally".
About the authorization to the harbour operations in self-handler by the marine carriers, the ANCIP has restated "that such tightening authorization must be subordinate to the verification by the AdSP of the possession of and specifies requisitioned established from the law, in particular the presence of staff quantitatively and professionally adapted to the activities to carry out". "The self-handler, therefore - it has evidenced the association - cannot be used as a weapon kind in order to force the harbour enterprises or premises CULP to practice to rates more lowlands, above all if it is considered that the minimal rates for the supply of temporary harbour job by the CULP are established by the same AdSP in the respect of sanctioned binding parameters from the law (costs of labor on the base of the Ccnl of the harbour workers and operating costs for the execution of the activity)".
Also relatively to the self-handler the association has recalled the importance of the activity of vigilance of the competent agencies "that - it has found the ANCIP - they must constantly verify in dock and on board of the ships the respect of the rules by the marine carrier (in terms of adequacy of means, of amount/quality of the staff used for the execution of the harbour operations) also on the phenomenon of the execution of harbour operations of derizzaggio carried out from the staff of edge in the phase of entrance in port". "It also must avoid - it has emphasized the association - than the self-handler ends in order to disguise a real former authorization art.16 of the shipowner to the exercise of the harbour operations, whose release, but, is subordinated to various procedures and still more rigid regarding the self-handler".
The ANCIP has concluded wishing that "the AdSP wants to assume the responsibility to start all the necessary and previewed initiatives from the law for adequately protecting the harbour job in reconcilable way with the operating requirements and of flexibility of the harbour enterprises and the marine carriers, also in the interest of the CULP, that it is held for law to respect specific operating and tariff constraints and that cannot reasonably pay the negative consequences of a situation caused from the lacked respect the basic rules of the harbour job and from the deficiency of an adequate and constant activity of vigilance by the harbour agencies on the harbour job. In such sense - it has observed the association - the predisposition by the AdSP of the plan of the organic one of the harbour workers and the relative measures of participation can indeed represent an important starting point, in the interest of all the harbour section, in order to avoid happening of serious irregularities that penalize all the field".
Slowly of the organic of the harbour workers and consequent operating program that gives to part its Authority of Harbour System has restated to be defined with the attempt "to safeguard the role and the perspectives of the flexible job in the port of Naples, in the full respect than it previews article 17 of the harbour law". "The crisis of the CULP of Naples, than does not succeed to saturate own productive ability and that it anticipate a condition of lacked economic sustainability with budgets in heavy loss from various years - it has explained the harbour agency - demands decided actions to safeguard of the places of work and for the sustainability of the flexible employment of labor". From here - the authority has restated - the decision shortly launch a contest for the allocation of article 17 in the port of Naples.
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