S.L. 171.2 Art. 15AEmployment of prospective port workers and auxiliary port workers.

(1) For the purposes of article 20 of the Ordinance it is hereby prescribed that article 3(4) of the Ordinance shall not apply to port work when the complement of registered port workers in terms of these regulations is insufficient to meet the requirements of employers of port workers. In such an event, employers of port workers may employ persons for the provision of services of a temporary nature involving transport of cargoes within a port area from the list of prospective port workers and the list of persons eligible to become prospective port workers. In the event that the number of prospective port workers and persons eligible to become prospective port workers is insufficient for the provision of such services, employers of port workers may employ auxiliary port workers, provided that an agreement to that effect exists in the Service Level Agreement entered between the representatives of port workers and any respective employer of port workers as provided for in regulation 21A.

(2) Auxiliary port workers so employed are required to be in possession of a pertinent training qualification in the provision of port work in accordance with regulation 15B.

(3) Payments due to persons employed in terms of subregulation (1) shall be borne by the registered port workers and shall not be over and above the official tariffs established by these regulations and the tariffs agreed in the Service Level Agreement.

(4) Persons so engaged in the provision of services as described in subregulation (1) shall not be entitled to any of the benefits or entitlements, or be subject to conditions of work, of registered port workers under these regulations other than the benefits and entitlements, or conditions of work, if any, as specified for such purposes in the Service Level Agreement entered into between the representatives of port workers and any respective employer of port workers: Provided further that an auxiliary port worker under this regulation shall not be granted, for being so engaged, any special rights over other applicants when applying to fill a vacancy under the provisions of regulation 15(2).