A European legal battle over whether ships’ crews can be required to undertake cargo handling work in port has widened after the European Trade Union Confederation was allowed to intervene in an appeal before the Court of Appeal of The Hague.
The case centres on the International Transport Workers’ Federation’s Non-Seafarers’ Work Clause, which prevents crew covered by relevant ITF agreements from carrying out cargo handling such as lashing and unlashing where qualified dock workers are available.
The ITF describes the provision as both a labour and safety protection, arguing that requiring seafarers to carry out cargo work on top of their normal shipboard duties increases risks for crews.
The Court of Appeal has granted the ETUC permission to participate in proceedings supporting the ITF and its affiliated unions.
The wider appeal concerns the validity of the clause and its implications for collective bargaining rights across Europe.
The case could now move beyond the Dutch courts. According to the ITF, the Court of Appeal has indicated that it intends to refer preliminary questions connected with the proceedings to the Court of Justice of the European Union.
A CJEU referral would allow Europe’s highest court on EU law to clarify legal questions before the Dutch appeal resumes.
ITF general secretary Stephen Cotton said unions would continue defending the ability of workers to negotiate and enforce collective agreements.
For seafarers, the practical issue is whether cargo handling can be added to normal onboard responsibilities when vessels enter ports where professional dock labour is available.
The ITF maintains that keeping those activities separate protects both occupational safety and agreed divisions of work between seafarers and dockers.
The Hague proceedings therefore have potential implications beyond the individual case, particularly for European operators employing crews under collective bargaining agreements containing the clause.
