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Hours of negotiation loom

21st August 1997
Page 9
Page 9, 21st August 1997 — Hours of negotiation loom
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Which of the following most accurately describes the problem?

It seems the EU 48-hour week will include truck drivers. And the differences between the own-account and hire or reward could cause friction.

by Karen Miles NI Road transport companies can argue as much as they like, but they will soon have to accept further restrictions on the hours their drivers will be allowed to work.

Increased labour costs and reduced driver flexibility are almost guaranteed to spring from proposals just out from the European Union's policy body, the European Commission, on including lorry drivers in the 48hour working time directive.

The directive, which was scheduled to become law last year for most other workers in the Ell's 15 member states, states that drivers in the own account sector there are up to 3.5 million throughout the EU, according to the Commission— should be subject to the full provisions of the directive to preserve their health and safety.

The directive provides for a minimum daily rest period of 11 hours, a rest break after six hours' work, a minimum rest period of one day a week, a maximum average working week of 48 hours including overtime, and four weeks' paid annual holiday.

Midnight

The directive also says workers on duty for a period of at least three hours between midnight and 05:00hrs on a regular basis are considered night workers and should not be able to work on average more than eight hours in 24. Night workers should also be entitled to free health assessments.

All road transport office staff and warehouse workers—collectively described as "non-mobile workers"—within the ownaccount and hire or reward sectors will also be covered fully by the directive if the Commission gets its way.

But the estimated 2.1m hire or reward drivers working in Europe will be treated differently. They will be subject only to the directive's provisions regarding four weeks' paid leave and health assessments for night workers.

Although the Commission wants hire or reward drivers to be working a maximum of 48 hours a week, it says the interpretation will be looser.

For those drivers, the 48-hour weekly limit will be calculated on an annual basis, allowing for more weekly flexibility.

Well-being

Padraig Flynn, the EU's social affairs commissioner, is clear his plans will contribute to the general well-being of transport workers. "It is difficult to believe that firms who have to rely on employees working excessively long hours over long periods can be that competitive in the global economy... This is good for employment in the long term," he says.

In the UK, the Freight Transport Association has a less sunny attitude. It says the directive could cost the road transport industry as a whole an extra £5bn a year. It is also unhappy with the Commission's plan to push own-account drivers into the heart of the working time directive, while allowing their hire or reward colleagues more flexibility.

Owen Thomas, the FTA's road transport law manager, says it is too early to say if the association will take legal action to stop the Commission doing this. In the interim, he says the ETA will "continue to argue in Brussels that there is no logical—or legal—basis for treating own-account and hire or reward drivers differently".

Whatever the outcome of the FTA's tussle with the Commission, lorry drivers and other transport workers from both sectors will end up negotiating cuts in the hours they work.

A 48-hour maximum would cut the average driver's working week by up to 12 hours, say UK drivers unions.

Transport workers will be unwilling to give up their current wage packets, but employers have already stated it would be unreasonable for workers to expect to work less and earn the same as they do now.

There is a provision to allow those workers who voluntarily agree, to work longer than 48 hours. But by giving up the 48hour restriction, workers will be able to bargain harder for other benefits.

The complications do not stop there. Early next year, the Commission will propose "important amendments" to give drivers from both sectors further protection from long hours.


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