 |
 |
|
| |
Working Time Directive
The Working Time Directive (WTD) was introduced into the UK in October 1998. At that time the transport industry i.e. TNT Express Services was exempt. In August 2003, the Horizontal Directive affecting non-mobile workers in the transport sector was introduced but mobile workers i.e. LGV drivers were exempt.
In April 2005 the Sectoral Directive of the WTD became law, applying to all mobile workers employed by TNT Express Services without exception. This restricts drivers to an average 48-hour week over any given 17-week period. The legislation does allow this average to be calculated over a six-day 'working week' rather than restricting it to five days.
Under the legislation, self-employed mobile workers will be excluded from the Sectoral Directive until March 2009 - TNT questions the 'double standards' and logic behind this opt out. If this element of the WTD has its roots in health and safety it does not make sense.
Safety issues in respect of driver fatigue have already been tackled under existing legislation relating to tachographs, so TNT would question the validity and viability of the Sectoral Directive. TNT is also a leader in the field of safeguarding and monitoring driver health & safety - as reflected in our safety culture (British Safety Council 5 Star Accreditation, Swords of Honour 2002/2003/2004).
Under the WTD, TNT drivers are allowed to work a maximum 60-hour week, provided the average amount worked over 17 weeks still adheres to the 48-hour per week limit. The WTD also limits a mobile worker to just 10 hours work in any 24-hour period.
TNT believes the legislation should take into account 'foreseeable downtime' i.e. times when a driver is not active, but is being paid as party of the working day. If tachograph records demonstrate a regular daily work pattern, where a driver is not driving for a period of time, TNT believes such time should not be counted as 'working time'. This would enable any periods of 'inactivity' to be added onto the end of the working day. The company would pay the driver for the duration of his/her time at work (including 'inactive' periods).
This interpretation of the periods of availability would comply with the needs of the WTD but offer greater flexibility for employers and greater earning capacity for employees.
TNT Express Services believes the WTD will lead to a 15% increase in the number of drivers and vehicles it requires at a time when British industry is faced with an estimated shortfall of 60,000 drivers and Government and environmentalists are calling for a reduction of vehicles on the roads.
TNT Express Services estimates the requirements of the WTD will cost the company tens of millions of pounds per annum. This will inevitably result in additional costs being passed through to UK businesses and industry who use the services of express delivery courier services.
Further TNT Industry Issues:
|
