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PostPosted: Mon Dec 22, 2008 7:39 pm 
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GBC wrote:
He did'nt sound too confident with his message to me. :?

Can't speak for Red Tel, but I would imagine he was a tad nervous about making an ar** of himself in front of several million listeners.

As opposed to 1350 members and 1000s of lurkers on TDO. :lol: :lol: :lol:

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PostPosted: Mon Dec 22, 2008 7:40 pm 
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GBC wrote:
I'm sure his members will be over the moon with restricted hours, less money with the recession and the GMB telling them to go home after 10 hours.

Done properly it shouldn't matter.

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PostPosted: Mon Dec 22, 2008 7:42 pm 
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JD wrote:
Doesn't everyone currently have the opportunity to decide what hours they work? Is it the London GMB's wish to try and remove that freedom of choice?

I think it's the view of most unions that working hours should be reduced, but I doubt the membership would vote 100% for it.

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PostPosted: Mon Dec 22, 2008 7:46 pm 
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GBC wrote:
Obviously being awake for 24 hours is a completely different scenario, but whilst were 'on duty' for 10/12 hours how much physical or mental work are we doing to tire ourselves out?

I don't think 10/12 hours a day is over doing it in terms of safety, providing you haven't been running non stop.

But there are articles on here where drivers have had accidents when working 15/18/20 hours stints.

Also of concern to me is those drivers that work a 9 till 5 job and then do a 12 hours shift on the cabs. IMO this needs to be addressed.

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PostPosted: Mon Dec 22, 2008 7:48 pm 
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if you drive anything with a tachograph your day starts at the start and 9hrs driving or after your spreadover it ends....


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PostPosted: Mon Dec 22, 2008 8:02 pm 
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Sussex wrote:
I don't think 10/12 hours a day is over doing it in terms of safety, providing you haven't been running non stop.


I'd be very happy to be running non-stop for 10 hours, I would'nt have to work for 12 then. :wink:


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PostPosted: Mon Dec 22, 2008 8:23 pm 
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Your not going to like this but he has a point :shock: :shock:

Most driver are self employed so they have no choice but to work long hours to make ends meet.
Thats the problem, if they dont own the car or any of the equipment they should be classed as employees, and given the same pay and entitlements
So a driver who is an employee (a very rare occurance) would have to work to the EU directive, while the alleged self employed would work any hours they wanted but only to make up the pay they dont receive
I know alleged self employed drivers here who are working for less than £2.00 an hour and are doing in excess of 70 hours a week.
one driver sat on the rank for 4 hours and only moved up the rank in that time :shock: :shock:


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PostPosted: Mon Dec 22, 2008 8:25 pm 
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skippy41 wrote:
Your not going to like this but he has a point :shock: :shock:

Most driver are self employed so they have no choice but to work long hours to make ends meet.
Thats the problem, if they dont own the car or any of the equipment they should be classed as employees, and given the same pay and entitlements
So a driver who is an employee (a very rare occurance) would have to work to the EU directive, while the alleged self employed would work any hours they wanted but only to make up the pay they dont receive
I know alleged self employed drivers here who are working for less than £2.00 an hour and are doing in excess of 70 hours a week.
one driver sat on the rank for 4 hours and only moved up the rank in that time :shock: :shock:


Self employed on what basis? renting a cab or on a percentage?

CC

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PostPosted: Mon Dec 22, 2008 8:27 pm 
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captain cab wrote:
skippy41 wrote:
Your not going to like this but he has a point :shock: :shock:

Most driver are self employed so they have no choice but to work long hours to make ends meet.
Thats the problem, if they dont own the car or any of the equipment they should be classed as employees, and given the same pay and entitlements
So a driver who is an employee (a very rare occurrence) would have to work to the EU directive, while the alleged self employed would work any hours they wanted but only to make up the pay they dont receive
I know alleged self employed drivers here who are working for less than £2.00 an hour and are doing in excess of 70 hours a week.
one driver sat on the rank for 4 hours and only moved up the rank in that time :shock: :shock:


Self employed on what basis? renting a cab or on a percentage?

CC


If you dont have your own cab here you only get a percentage normaly 40%
Those who work through an office pay an office rent if they have there own car £120 per week


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PostPosted: Mon Dec 22, 2008 8:30 pm 
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skippy41 wrote:

If you dont have your own cab here you only get a percentage normaly 40%


I think you should speak to Terry F about that.....those drivers could be entitled to Holiday pay and the minimum wage, the inland revenue would probably tell them that as they work under the direction of someone who pays all the associated running costs of the vehicle (including fuel and insurance), they are in fact employees in all but name.

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PostPosted: Mon Dec 22, 2008 8:33 pm 
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Perhaps you would like to speak to him and point him in the Borders direction, I have tried to tell the drivers this but they wont listen


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PostPosted: Mon Dec 22, 2008 8:37 pm 
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Do any of you think we should let the old one back on TDO to discus this :oops:


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PostPosted: Mon Dec 22, 2008 8:39 pm 
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Employed or self-employed?

In order to answer this question it is necessary to determine whether the person works under a contract of service (employees) or under a contract for services (self-employed, independent contractor). For tax and NICs purposes, there is no statutory definition of a contract of service or of a contract for services. What the parties call their relationship, or what they consider it to be, is not conclusive. It is the reality of the relationship that matters.

In order to determine the nature of a contract, it is necessary to apply common law principles. The courts have, over the years, laid down some factors and tests that are relevant, which is included in the overview below.

As a general guide as to whether a worker is an employee or self-employed; if the answer is 'Yes' to all of the following questions, then the worker is probably an employee:

Do they have to do the work themselves?

Can someone tell them at any time what to do, where to carry out the work or when and how to do it?

Can they work a set amount of hours?

Can someone move them from task to task?

Are they paid by the hour, week, or month?

Can they get overtime pay or bonus payment?

If the answer is 'Yes' to all of the following questions, it will usually mean that the worker is self-employed:

Can they hire someone to do the work or engage helpers at their own expense?

Do they risk their own money?

Do they provide the main items of equipment they need to do their job, not just the small tools that many employees provide for themselves?

Do they agree to do a job for a fixed price regardless of how long the job may take?

Can they decide what work to do, how and when to do the work and where to provide the services?

Do they regularly work for a number of different people?

Do they have to correct unsatisfactory work in their own time and at their own expense?

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PostPosted: Mon Dec 22, 2008 8:41 pm 
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skippy41 wrote:

So a driver who is an employee (a very rare occurance) would have to work to the EU directive, while the alleged self employed would work any hours they wanted but only to make up the pay they dont receive



when does the WHD directive hit the self employed? is it 2009 or 2010?

some parcel firms (Businesspost for one) rely heavily on SE owner drivers to work 15 hours a day as they know the cost of a PAYE (or 2) to cover that run would add upto a fortune in extra costs, however ALL commercial (as in working, not trucks/vans) are technically covered by driver hours, a van driver with no tacho should really be completeing a log book daily, very few do


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PostPosted: Mon Dec 22, 2008 8:42 pm 
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skippy41 wrote:
Do any of you think we should let the old one back on TDO to discus this :oops:



That was the problem, Terry does'nt discuss topics, he just shouts the odds and calls people ****'s and parasites. :roll:


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