Federal government sanctions measure to update port operations laws

Last Tuesday, August 25, the Federal Government sanctioned Provisional Measure 945/20, which alters the Ports Law by promoting a mini-reform in the legislation, welcoming suggestions from the market. The law also provides rules for port operations during the pandemic, especially the removal and compensation of workers at risk or with symptoms of Covid-19.

Among the main changes is flexibility in the management of lease agreements. From now on, there may be no need to bid on port leases when there is only one interested party involved. In this case, the hiring can be done through a public engagement procedure.  The bidding process will also be waived in cases of temporary use (48 months) of port areas and facilities destined for cargo handling by companies with an unconsolidated market (which do not operate regularly at the port). The measure aims to attract new cargo and reduce idleness in port areas.

The law also gives the National Waterway Transport Agency (Antaq) the power to regulate other forms in which port areas and facilities can be developed that are not accounted for in the legislation. Currently, the agency only provides for leases of port facilities.

Another important change establishes that the concession contracts signed between the concessionaire and third parties, including those whose goal is to use port facilities, will be governed by the rules of private law. Thus, no legal relationship will be established between third parties and the granting authority (Antaq).

Dock workers

For casual port workers, in addition to the rules for the removal of employees due to Covid-19, the law contains two other important measures. From now on, the rota of casual port workers ​​for loading and unloading operations in ports will be done electronically, remotely (such as cell phone applications), meaning the professional will only turn up at the port to work.

The text also establishes that if casual port workers ​​are unavailable due to the strike or standard operation, the port operator may freely hire workers with an employment contract for up to 12 months to perform certain services, such as foreman and cargo checking.

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