Federations demand substitute text in the review of the Ports Law

Proposal was presented yesterday at a meeting with around 300 casual workers, at Sindaport (Alexsander Ferraz/AT)

A proposal for a substitute text involving port labor is expected to be submitted next week to the special committee discussing Bill (PL) 733/2025, which seeks to revise the Ports Law (12.815/2013), in the Federal Chamber.

The initiative comes from the three federations representing casual port workers in Brazil: Federação Nacional dos Estivadores (FNE), Federação Nacional dos Conferentes e Consertadores de Carga e Descarga, Vigias Portuários, Trabalhadores de Bloco, Arrumadores e Amarradores de Navios nas Atividades Portuárias (Fenccovib), and Federação Nacional dos Portuários.

Negotiations were conducted with the Federação Nacional das Operações Portuárias (Fenop), which represents employers in the sector.

“We are finalizing the text and aiming to conclude it by next week. We will take into account all the issues raised to see if we can still resolve some points”, said the president of the Federação Nacional dos Estivadores (FNE), José Adilson Pereira, who is leading the presentation.

The idea is to present the text to the president and the rapporteur of the committee during an event attended by the Minister of Ports and Airports, Silvio Costa Filho. “We were in Brasília yesterday (Wednesday), and they said that if there is a negotiation, they would accept it as a proposal for the rapporteur”, he explained.

The negotiated aspects (see details in the box below) were presented to about 300 workers yesterday, during a meeting of the Sindicato dos Estivadores de Santos, São Vicente, Guarujá e Cubatão (Sindestiva). The meeting took place in the auditorium of the Sindicato dos Empregados na Administração Portuária (Sindaport), in Vila Mathias, Santos. Representatives from Rio de Janeiro, Recife (PE), Itajaí (SC), and Vitória (ES) also attended.

“Among the items are the change in the definition of what constitutes a port, the reinstatement of three activities and their unions, the reinstatement of the registration and enrollment of port workers, the strengthening of the Labor Management Body (Ogmo), and the elimination of the company that was created (Empresa Prestadora de Trabalho Portuário, or EPTP), the prohibition of intermittent and temporary work, in addition to collective bargaining and the regulation of employment relationships to protect against the flexibilization of exclusivity”, Pereira listed.

Concerns and actions Stevedores expressed serious concerns about the flexibilization of exclusivity in port activities proposed by PL 733/2025, which is still under discussion in Brasília. “If it is approved as it currently stands, we are going to lose many rights acquired under Federal Law 12.815, which was already not fully observed by operators and employers”, said the president of Sindestiva, Bruno José dos Santos.

In addition to Santos, Pereira has also visited Salvador (BA), Imbituba (SC), São Francisco do Sul (SC), Vitória (ES), and Rio de Janeiro for the same reason. Next Monday, he will be in Paranaguá (PR). “Regardless of these visits to other ports, there is already a decision from the national plenary authorizing negotiations at the current level”, he stated.

Some points from the workers' proposal Port Labor : Services performed in various tasks related to the handling of cargo onboard and within public port areas, involving goods coming from or destined for waterway transport, including main and auxiliary vessels, as well as their surveillance. Port labor includes stevedoring, cargo handling, cargo checking, cargo repair, and vessel surveillance.

Port Worker : Stevedores, cargo handlers, checkers, repair workers, port security guards, and “bloco” workers. The last three categories are not included in PL 733/2025.

Worker Certification : Casual workers certified by the Labor Management Body (Ogmo) or recognized by it, and workers hired by Ogmo and by the Serviço Nacional de Aprendizagem do Transporte (Senat), or another entity designated by the parties.

Professional Registration : All port workers must be registered with the Agência Nacional de Transportes Aquaviários (Antaq).

Forms of Exclusivity : Employment with a formal labor contract (CLT), but intermittent and temporary work is not allowed; casual labor via Ogmo. In the case of a labor contract, Ogmo-registered workers must be given hiring priority. If none are available, certified workers outside the system may be hired.

Negotiation of Labor Relations : Remuneration, job descriptions, team composition, and other conditions related to casual labor will be subject to negotiation between workers' organizations and port operators and terminal companies.

Private Terminals : Private ports are free to hire workers under any employment modalities permitted by the CLT and may subject employees to training provided by Senat, as long as they contribute to the system. Private ports may also contract casual port labor, always through Ogmo. Ogmo is considered a non-profit public utility entity, managing administration, training, and supply of casual labor and related activities for its members, within or outside the public port area, in its legally defined jurisdiction. Private ports are not required to be affiliated with Ogmo for requesting workers, provided Ogmo is a consenting intermediary in the collective labor agreement.

Elimination of Ogmo : Work must be performed only via Ogmo, not through any Empresa Prestadora de Trabalho Portuário. If Ogmo is to be extinguished, workers must be compensated with 40% of the FGTS deposits made by Ogmo. If Ogmo is re-established within five years, all workers will have their registration revalidated.

Worker Registration and Enrollment : Enrollment of casual port workers in Ogmo will be categorized as follows: registration for those who will have priority in job allocation; enrollment for those approved in Ogmo's selection process.

Compensation Process : For workers with 25 years or more in the port labor system. For casual workers: 60% of FGTS deposits made by Ogmo and unions (in the case of union leaders). Minimum compensation is R\$ 150,000 and maximum R\$ 400,000.

The equivalent value of 60% of the FGTS severance balance generated by such employment modality, from deposits made by Ogmo or the respective unions in the case of executive roles, is to be paid to workers who register and are employed by a port operator or terminal in a public port.

Guarantee of Basic Remuneration : One regional minimum wage as defined by Ogmo, or a value negotiated by the parties. To receive this, the worker must comply with labor management rules and cannot be retired.