ITF to defend seafarers’ work clause before EU court

ITF to defend seafarers’ work clause before EU court
The Editorial Team October 1, 2025 https://safety4sea.com/itf-to-defend-seafarers-work-clause-before-eu-court/

The Dutch Court of Appeal decided to ask the European Union Court of Justice for guidance on a legal issue involving the Non-Seafarers’ Work Clause (NSWC).

As stated, the EU Court of Justice will be requested to shed light on whether the NSWC forms a breach on the freedom of free competition and, if so, whether the NSWC is justified considering the fundamental freedom of collective bargaining.

The International Transport Workers’ Federation (ITF) and its affiliated unions strongly support the Non-Seafarers’ Work Clause (NSWC), viewing it as a vital outcome of collective bargaining between unions and employers. They argue that such agreements are essential for protecting workers’ rights and wellbeing.

Specifically, the NSWC is designed to safeguard seafarers by ensuring that high-risk port tasks, such as lashing (securing cargo on deck), are carried out by trained dock workers. This protects seafarers from injury and fatigue, particularly at the end of long voyages when rest is most needed.

*Cargo handling and lashing – securing containers to the deck of a vessel, using heavy lashing bars and bottle screws – is dangerous work that should be undertaken by trained dock workers to mitigate safety risks.

*Forcing seafarers to undertake cargo handling exposes them to danger in the task itself, while also elevating the risk of accidents at sea on vessels made unsafe by poorly lashed containers and other cargo. For seafarers, such tasks add to fatigue at the end of voyages when they should be resting or taking shore leave.

"We remain steadfast in defending the NSWC, because seafarers’ safety and rest hours are non-negotiable. Therefore, the ITF will continue to campaign strongly and continuously on an agreed clause negotiated with the employers that is central and fundamental to the health safety and protection of both the seafarers and dockers involved." …said Paddy Crumlin, President, ITF.