SIMIC

The clause is called the Non-Seafarers Work Clause and came into force around the world in 2020 as part of a collective bargaining agreement with the International Bargaining Forum.

"Neither Seafarers nor anyone else on board whether in permanent or temporary employment by the company shall carry out cargo handling services in a port, at a terminal or on board of a vessel, where dock workers, who are members of an ITF affiliated union, are providing the cargo handling services," said the clause.

"Where there are not sufficient numbers of qualified dock workers available, the ship's crew may carry out the work provided that there is prior agreement of the ITF dockers union or ITF unions concerned; and provided that the individual seafarers volunteer to carry out such duties; and those seafarers are qualified and adequately compensated for that work.

"For the purpose of this clause 'cargo handling services' may include, but is not limited to loading, unloading, lashing, unlashing, checking and receiving," said the clause.

If dockers are not available, then seafarers may only do so on a voluntary basis for additional pay.

However, according to the International Transport Workers' Federation, companies Marlow Cyprus, Marlow Netherlands, and Expert Shipping had been assigning "dangerous" lashing work to seafarers in the Netherlands despite the collective bargaining agreement.

The ITF, Nautilus, and Dutch dockers' union FNV Havens brought the case against the companies.

Nautilus International suggested the employers, shipowners and charterers argued the clause violated competition law.

However, the Dutch court determined the clause is exempt from competition law and plays an important role in ensuring seafarers' safety.