Found this, looks like your dream may come true nidge 48 hours per week for the same money or probably a lot more as everyone will be living in a land of milk and honey brought about by the RRA (NOT) and all the euro directives that are bound to come now that another ten countries are joining, wonder what the cab trades like in poland or Slovakia and Slovenia. Roll on 2x3.5hour shifts in a trabansk
1 August 2003
"Horizontal Directive" will be implemented and amend the main Working Time Directive. Important implications of August 2003 to Mobile Workers:
• Entitled to 20 days pro rata annual paid leave
• Average working week of 48 hours - however drivers will be able to opt-out. This opt-out is currently available until March 2005.
• No restrictions on night working however drivers must be offered a health check before working nights.
23 March 2005
"Directive on the Organisation of the Working Time of Persons Whose Occupation is the Performance of Mobile Road-Transport Activities" will be implemented. The following provisions for Mobile Workers have been made:
• Self Employed drivers will be excluded until 2009 (definition below) • Average 48 hour week - with no opt out. Up to 60 hours per week can be worked as long as the average over a 4 month period does not exceed 48 hours per week
• Working time is the total worked for any employer(s) - (even if the other employer(s) are not in the road transport sector)
• Night work is restricted to 10 hours in each 24 hour period.
Definitions & Frequently Asked Questions
Definition of a Self Employed Driver
The self-employed are defined as those: whose main occupation is to transport passengers or goods by road for hire or reward with the appropriate licences; who are entitled to work for themselves and who are not tied to an employer by an employment contract or by any other type of working hierarchical relationship; who are free to organise the relevant working activities; whose income depends directly on the profits made; and who have the freedom to, individually or through a cooperation between self-employed drivers, have commercial relations with several customers. For the purposes of this Directive, those drivers who do not satisfy these criteria are subject to the same obligations and benefit from the same rights as those provided by the current Directive for workers.
What counts as Working Time?
It will include driving and loading plus any other work not associated with a vehicle but not "time on call" or time on breaks either paid or unpaid.
What is Night Work?
Night work is not limited for Mobile Workers until 2005 when a limit of 10 hours will be introduced for any night shift. A night shift will mean a period of at least 4 hours between certain hours which is yet to be finally agreed. Assuming the legislation is applied; shifts longer than 10 hours will be possible subject to a work place agreement.
Are Bank Holidays additional to my annual leave entitlement of 20 days?
No. There is no statutory right to take Bank Holidays off in addition to annual leave and be paid for them.
Can I lower my average hours worked in a period by including my week's holiday?
No. Annual leave and sick days are disregarded when it comes to calculating your working time average.
Must I have a Health Assessment if I am a night worker?
Employers must offer night workers a free health assessment from August 2003 however you are not obliged to have one. The health assessment is made up of two parts: a questionnaire and a medical examination. A medical examination is only necessary if the employer has doubts about the workers fitness for night work.
This article aims to provide accurate, authoritative information and comment on the subject it covers. Agency Drivers Register Limited or associated Franchisee companies cannot accept liability for any legal action taken by or against any user of this article. November 2002.
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