Cargo checkers at the Port of Santos fear losses with changes in the ports law

The new legal framework, to be approved by the National Congress, is expected to change work practices at the ports (Vanessa Rodrigues/AT)

The future port legal framework could significantly change the labor-capital relationship of the cargo checkers working at the Port of Santos. Currently, the bill draft revising the current Ports Law (12.815/2013), which will serve as the basis for the future bill, proposes, among other things, the end of exclusivity and the creation of a private personnel recruitment company, which, according to the category's interpretation, will eliminate the Port Labor Management Organization (Ogmo).

The bill draft was developed by a committee of jurists appointed by the Chamber of Deputies to review the legal framework of public ports and private port facilities in the country. The proposal suggests the creation of private companies for personnel recruitment, competing with Ogmos in the ports, as well as the end of exclusivity in the hiring of casual dock workers.

Guarantees? In a visit to the Grupo Tribuna, the president of the Port of Santos Cargo and Unloading Checkers Union, Marcos Sanches, said that one of the biggest concerns of the category is the lack of guarantees for casual workers with the outsourcing of the recruitment service.

“The outsourcing of this type of service, ending with the Ogmos (Labor Management Organizations), is a heavy burden. We were never offered a period of adjustment to the new capital-labor relationship they want to impose. Whether you want it or not, the Ogmo is the HR of the port worker”, he declared, representing 182 checkers at the Port of Santos.

Transition The representative of the checkers emphasized that he is not against modernization and technology. “What we advocate for is a transition period so that the system of hiring workers can be adapted to the present day. You cannot discard a century-old dynamic used for some categories.”

The union’s attorney, Luiz Fernando Costa Fernandes, added that the Ogmo provides security for port workers. “Because it provides the roster system and executes the payments. If, eventually, any company fails to make the payment, the Ogmo is liable and covers the port operator. Therefore, the Ogmo is essential. This bill comes against that, generating insecurity for the worker.”

According to him, part of the workforce will be managed by an outsourced company, and it is unclear how it will operate. “What guarantee do we have of the efficiency of this company? This is very concerning”, questioned Fernandes.

The union leader defended the maintenance of exclusivity as a guarantee of employment for casual workers. “These are qualified, trained workers. Once you remove the exclusivity, you lose control over whether the professionals being recruited are truly prepared for these activities.” Sanches pointed out that outsourcing will weaken the union institution. “Today, we negotiate (the labor contracts) directly with the companies.”

Only the categories of stevedore, longshoreman, and checker were recognized as casual port workers in the bill draft by the committee of jurists. Other categories were excluded.

“If this is approved, all unions of the excluded categories will be dissolved, and we will have to take in these workers. Port guards, block workers, repairers, and watchmen are left out”, said Sanches.

The president said the union could accept the watchmen and repairers if they wish, aligning with the National Federation of Cargo Checkers and Repairers, Port Watchmen, Block Workers, Docking Workers, and Ship Riggers in Port Activities (Fenccovib). “As for the Block Workers, they are more aligned with the Stevedores.”