Rechtssociologische benadering van de stuwadoorswet

Samenvatting

Sociological approach to the Stevedore’s Act. The annual reports of the government service which executes the Dutch Stevedore’s Act, are analysed as a case-study in the sociology of law. It is found that the protections of the dockworkers, such as regulations of the labour market, the working hours and weekend-work, are stimulated by the Act. This is however done with reference to the difficulties in labour supply, competition with foreign ports and the like. Thus, the execution of the Act is clearly adapted to the peculiarities of the industry concerned. The same conclusion can be reached with reference to the working situation on the docks, where general shortages of workers and shortages of skilled labourers force the government service to a lenient attitude. Indirectly also a certain pressure on extension of the training facilities can be observed. In general the service concerned seems to prefer an indirect pressure in order to reach the objectives of the Act. Often this is done by manipulating the existing means of social control and not by using the relatively unimportant financial sanctions of the Act itself. In general it can be said that over a period of 15 years the policies of the government service are dialectically alternating between orientation towards employer values and orientation towards employee values. In this process pressures from trade unions and employers associations seem to play a certain role, although further forces may also be at work, but these are not mentioned in the reports analysed.