The Standing Committee of the Spanish Parliament has validated on 4 April 2019 the Royal Decree-Law 9/2019, of 29 March, amending Law 14/1994 of 1 June on the regulation of temporary employment agencies (TEAs) to adapt to the activities of port stevedores. This legislation, which already came into force, brings an end to the legal adaptation of the regime of workers involved in the port service of cargo handling activities.
The aim of the Royal Decree-Law 9/2019 is to strengthen the liberalization process of these stevedores initiated by means of the entry into force of former Decree-Law 8/2017, of 12 May, modifying the regime of workers involved in the port service of cargo handling activities. The new piece of legislation also intends to comply with the mandate given by the Court of Justice of the European Union in its judgment of 11 December 2014 (C-576/13).
The main amendments of Royal Decree-Law 9/2019 are the following: (i) the mandatory subrogation of all workers of the Public Limited Companies of Dockworkers (SAGEP) can be performed by means of agreements or collective labor agreements, (ii) the port employment centres (CPEs) that may be created in the light of Decree-Law 8/2017 can operate as specific TEAs for dockworking activities, and (iii) students attending courses to obtain a certificate in cargo handling operations can, by means of a training contract, work as stevedores in order to gain non-professional labor practice hours for their training modules.