European Employment Law Cases

Case Reports

2020/45 Non-Seafarers Work Clause: contributing to better employment conditions or not? (NL)

Keywords Unions, Miscellaneous
Authors Erick Hagendoorn
Author's information

Erick Hagendoorn
Erick Hagendoorn is an attorney-at-law at HerikVerhulst N.V., Rotterdam.
  • Abstract

      In a summary proceeding, the Court of Rotterdam has held that it is not clear whether the Non-Seafarers Work Clause, prohibiting lashing work on board of container ships being carried out by the crew, does indeed contribute to better employment and/or working conditions of seafarers. As a result of which the Clause – at this time – cannot be held to be outside the scope of competition law and the claim for compliance with the provision has been rejected. In the media, unions have stated that they will continue to enforce compliance with the Non-Seafarers Work Clause. It remains to be seen whether a court in main proceedings will reach a similar verdict.

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