Hapag-Lloyd staff to take pay cut

HAPAG-LLOYD has announced internally an across the board pay cut of at least 5% for all staff worldwide including seafarers, with senior employees facing a 20% reduction in salary, the company has confirmed.
While most top shipping operators keep their remuneration policies under wraps, sources familiar with the maritime labour market are not aware of any other big name operator that has adopted a similar policy.
However, Hapag-Lloyd indicated today that its hand has effectively been forced, as taking an axe to payroll and other costs is a condition of the €1.2bn ($1.8bn) in loan guarantees it is getting from the German government.

http://www.lloydslist.com/ll/news/hapag-lloyd-staff-to-take-pay-cut/20017713159.htm;jsessionid=20DA2B21E6D164E08CD854DC554A916C.065acf6a61c52eed94766d1ba7da5d95d4ecd58a

Maerks saves $500m in bunker costs

AP MOLLER-Maersk has saved a total of $500m in bunker costs so far this year through slow steaming and other efficiency measures.
The box giant, which is aiming for a 35% total reduction in terms of emissions per containership by 2017, says it has already achieved a 15% reduction through reduced fuel consumption.
The percentage reductions have been calculated relative to the amount of business conducted so the dollar equivalent cost savings are unlikely to be quite so dramatic once trade picks up. However, according to Maersk director of sustainability Soren Stig Nielsen, a further 20% reduction in emissions is entirely achievable.
“I think as trade picks up there are going to be more ships in operation so that is going to have a bearing on the savings, but we are very keen on pursuing these targets — particularly if bunker costs are only going to rise. We will do whatever we can to drive costs down,” he told Lloyd’s List.

http://www.lloydslist.com/ll/news/maerks-saves-500m-in-bunker-costs/20017711190.htm;jsessionid=EACE1570E1074AFA71A204ECEA218E5D.5d25bd3d240cca6cbbee6afc8c3b5655190f397f

Dublin terminal dispute resolved

As I reported via the MTL Dockers site, Heres Lloyds report on it.

THE 15-week dockers’ dispute at Marine Terminals in Dublin has ended following the company’s decision to accept a Labour Court recommendation on jobs and redundancies.
Workers at the Peel Ports subsidiary, which is the largest container terminal in Ireland, will now get a pay-off package of six weeks wages per year of service, including statutory entitlements.
Issues surrounding the terms and conditions of those who remain with the company are still to be determined.
The Services, Industrial, Professional and Technical Union, which represents the employees, has welcomed the move.


http://www.lloydslist.com/ll/news/dublin-terminal-dispute-resolved/20017711009.htm;jsessionid=B2E056392798C72EF26D327BA1E1985C.5d25bd3d240cca6cbbee6afc8c3b5655190f397f

On my facebook page I've had a lot of questions about why we don't have an online ballot and what is the definition of industrial action?

The Law on Industrial Action


Introduction

The law relating to industrial action is to be found in:

· Trade Union and Labour Relations (Consolidation) Act 1992;
· Trade Union Reform and Employment Rights Act 1993;
· Employment Relations Act 1999.

There is also an advisory code of practice on picketing.

The law covers:

· the definition of industrial action;
· strikes;
· ballots on industrial action.


Industrial Action Defined

In legal terms, 'industrial action' means:

· strikes;
· lockouts;
· overtime bans (including voluntary bans);
· go slows;
· working to rule;
· refusing to cross a picket line;
· refusing to work with non-members.


Strikes and the Law

British employment law has no tradition of a positive right to strike, and industrial action is a breach of the employment contract. The tradition, instead, is that of 'immunities'; that is, immunity from legal action so long as certain conditions are met. Since 1979, these conditions have become more rigid and complex.

The law gives trade unions immunity for actions "in contemplation or furtherance of a trade dispute". A 'trade dispute' is a dispute between workers and an employer in the UK, which is "wholly or mainly" about:

· terms and conditions of employment;
· recruitment, suspension or dismissal;
· work allocation;
· discipline;
· facilities for union officials;
· the negotiating machinery.

There is no immunity for disputes which:

· are 'political';
· have not yet started;
· are over union membership;
· are protests over dismissal following unofficial action;
· constitute 'secondary action'.

To be lawful, therefore, industrial action must be a trade dispute. It must also be 'official', and it must comply with the requirements relating to ballots (see below).


Official and Unofficial Industrial Action

To maintain immunity, industrial action must be 'official'. This means that:

· the employee(s) taking action must belong to a trade union, and;
· the union (usually the executive committee) must authorise or endorse the action.

Action which does not meet these requirements is unofficial and, therefore, unlawful. Workers can be lawfully dismissed for taking part in unofficial action.

Unions are legally responsible for all industrial action, unless they have 'repudiated' it.

If there is unofficial action and the union wishes to make it official, the action must be repudiated before a ballot is held.
Industrial Action Ballots

In any case where industrial action may be necessary, a ballot must be held. In addition, the ballot must comply with a series of requirements.

First, the employer must be given notice of:

· the intention to hold a ballot;
· the date of the ballot;
· basic details of those to be balloted (i.e. the workplace or job title – not the names);
· a sample copy of the ballot paper.

Following the ballot, the employer must be given:

· notice of the outcome of the ballot;
· seven days’ notice of any action, along with details of those involved (but not their names), and when the action will start.

All industrial action ballots must be secret, postal ballots. Only those workers who are involved in the dispute may be balloted. They must be given at least seven days to return the ballot paper, and this must be numbered and must comply with the prescribed wording, which includes a statutory warning to the effect that industrial action is a breach of the employment contract. An independent scrutineer must oversee the ballot.

To proceed to industrial action following a ballot, there must be a simple majority in favour of action. The union must inform the members and the employer of the result, and give notice of the commencement of any action (see above).

The result of an industrial action ballot only lasts for four weeks; that is, any action must start within four weeks to be lawful. However, if the employer and the union agree to this, the result may be suspended to enable negotiations to re-start.


Picketing

If workers are acting "in contemplation or furtherance of a trade dispute", it is lawful for them to picket "at or near" their own place of work. However, this right is qualified by a number of requirements.
Picketing must only be for the purpose of:

· peacefully getting or communicating information, and/or
· peacefully persuading others not to work.

There is no immunity for pickets who trespass, or who commit criminal offences such as obstruction, or breach of the peace.

There is no legal limit on the number of pickets. However, the Department of Trade and Industry Code of Practice on Picketing, which has advisory status only, suggests a maximum of six.

Victory for the Dublin dockers, strike over after 111 Days. Well done.

Marine Terminals management have accepted the Labour Courts Recommendation and have entered into negotiation with the Labour Relations Commission and SIPTU.
This Strike is now at an end!
Thanks from every striking Dublin Dockworker to each and every one of our supporters, your solidarity will never be forgotten.
After 111 days the strike has ended. Late Yesterday evening MTL accepted the Labour Court recommendation although as per the recommendation there are still matters to be resolved , in negotiation or through binding arbitration.This represents a major victory for the workers, who's dedication and commitment during this long and difficult dispute was inspiring, and they have set a powerful example for other workers.
Considering the attitude of MTL/Peel Ports, their anti union reputation and history ,plus the almost unlimited resources at their disposal it is all the more significant that they have backed down.
The campaign by supporters was crucial to this successful outcome. This support came from the local communities Eastwall - Irishtown & Ringsend , political groups , other workers and trade unionists.
The role played by the ITF was a major factor in bringing about this successful outcome , which includes the international solidarity, from across Europe, Australia and also the U.S.
The workers have asked that their sincere graditude be expressed to everybody for their support , and that they know they "COULDN'T HAVE DONE IT WITHOUT YOU!".
Further updates will be issued as they become available, keep checking the website, and messages of support.
Go raibh mile maith agaibh!

http://www.mtldockers.com/index.html

DP World Southampton announces new Managing Director

In line with its succession planning, global marine terminal operator DP World today announced the appointment of Chris Lewis as Managing Director for DP World Southampton with effect from February 2010. Mr Lewis was the former CEO of Hutchison Ports in the United Kingdom with overall responsibility for their port activities and developments in and outside the gates. He has been involved in the ports and shipping industry for over 25 years.Flemming Dalgaard, Senior Vice-President and Managing Director for Europe & Russia announced, “Chris will bring a wealth of knowledge and experience in UK port infrastructure and development as well as an excellent network in the UK maritime industry. We are sure that Southampton will benefit from the synergies that Chris will bring to therole.”Campbell Mason, the current Managing Director for DP World Southampton will return home to Australia upon completing his assignment. He was personally thanked by Mr Dalgaard for his continued commitment and hard work during his time at DP World Southampton.

http://www.porttechnology.org/going_places/DP-World-Southampton-announces-new-Managing/5222.html

UK lags behind others on bank holidays

The UK is close behind some of the most generous countries in the world in terms of statutory holiday allowance, with employees being entitled to 28 days per year. But after public holidays are taken into account we drop down the league table.
The 2009 Worldwide Benefit and Employment Guidelines report, by consultancy Mercer, which was based on statutory entitlements for an employee working five days a week with 10 years' service, shows that Finland, Brazil and France tops the global list by offering staff 30 days statutory holiday a year.
UK workers are, however, entitled to the lowest number of public holidays at just eight a year, along with Australia and The Netherlands, while Japan and India offer employees twice as many.
Once the statutory minimum and public holidays are taken into account, workers in Lithuania are entitled to the greatest amount of paid leave in Europe with 41 days' holiday per year, with France, Finland and Russia coming second (40), followed by Austria and Malta (38), Greece (37), and then the UK along with Sweden and Spain (36).
Mercer: www.mercer.com/summary.htm?idContent=1360620