S.L. 171.2 Art. 21AService Level Agreements.

(1) The representatives of registered port workers and employers of port workers shall enter into a Service Level

Agreement between them in connection with the provision of services by port workers.

(2) Workers allocated to employers of port workers under a Service Level Agreement have to be fit and able to perform the work to which they are assigned.

(3) A Service Level Agreement under these regulations may include, amongst other provisions, the following:

(a) a description of the services to be provided, including the resources to be made available, the number of workers and the service levels/targets to be met by the parties to the agreement;

(b) the services that are required to be provided by the port workers;

(c) dispute resolution;

(d) hours of work, including shift systems allocation;

(e) ordering procedure when filing requests for the provision of port workers;

(f) disciplinary procedure including, but not limited to, the non-attainment of agreed minimum service levels: Provided that disciplinary measures in a Service Level Agreement shall be limited only to administrative measures and minor offences: Provided further that disciplinary measures relating to the withdrawal of a port worker’s registration shall be regulated by the Authority through the Port Workers Board.

(4) The boards established for disciplinary proceedings and dispute resolution under a Service Level Agreement shall, as far as possible, be common to all employers of port workers.

(5) Applicable tariffs involving the provision of port work services as contemplated in these regulations in a Service Level Agreement shall in respect of imports and exports cargoes and related services not exceed the maximum tariffs established under these regulations and under any other law that the Authority is entitled to enforce. Applicable tariffs relating to transshipment operations and related services shall be negotiated between the employer of port workers and the representatives of port workers.

(6) For the purposes of these regulations, and in order to ensure consistency between the various Service Level Agreements especially with regard to disciplinary procedure and dispute resolution, a Service Level Agreement under these regulations shall be copied to the Authority by the parties to the Agreement and the Authority may query any of the provisions of the Agreement relating to disciplinary procedures and dispute resolution if, in its opinion, any of these, or both, contain matters that are not common to other Service Level Agreements in accordance with sub-regulation (4) and it shall be incumbent upon the parties to the Agreement to provide an explanation to the Authority within reasonable time or by a date as indicated by the Authority.

(7) The terminal operators and other employers of port workers shall provide appropriate insurance cover to hold the port workers harmless for damages to property and third parties provided that such damage is not a result of gross negligence on the part of the port workers.