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T he National Minimum Wage (NMW), which was introduced by Tony
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Blair's Labour government in April 1999, was increased this month by 17p/hr to £5.52.
Along with the rise, this year has also seen a hardening of the government's attitude towards employers who fail to comply with the legislation. In an answer to an e-petition on the Prime Minister's website. the government said it had successfully prosecuted where minimum wage legislation had not been complied with and that it was "currentlyinvestigating further cases". At the beginning of the year the government warned that it would be issuing a minimum penalty of £224.70 in virtually all cases of non-compliance with enforcement notices. The penalty will apply to any employer found to be underpaying the NMW.
So far, so good but how does this affect the road transport industry'? The answer depends on who you talk to and where you look.
CM has found LGV driving jobs being advertised on websites which state "meets minimum wage" under the salary description. Just four years ago a truck driver wrote to The Times saying he had recently responded to a job ad which offered £5 an hour for the first 50 hours and £6 an hour after that.
More than 60 hours Today it could still be that drivers are regularly working for more than 60 hours a week but not receiving the minimum wage, especially when their periods of availability are counted as paid time but not working time.
A spokesman for the United Road Transport Union (URTU) says it regularly receives calls from members asking for information on the minimum wage,especially from new and agency drivers. And the spokesman cautions against assuming that all hauliers and distribution firms are paying the NMW.
"We have no evidence of companies trying to get our members to work for less than the minimum wage,he says. "But this may be more an indication that employers at unionised workplaces know that if they attempted to break the law it would soon be noticed by shop stewards or regional officers, rather than there not being a problem across the industry as a whole."
URTU members themselves are more likely to know their legal rights on the issue of minimum wage as the union publishes large notices in its magazine Wheels this year for the first time it was printed in Polish as well as English to make sure as many members as possible are aware of the new rates.
Other unions and trade associations feel that most drivers are earning in excess of the NMW in some cases a lot more.
Should be on overtime
A spokesman for the Transport and General Workers section of Unite says: would be very surprised if professional drivers were on the nationalminimumwage.Ifdriversareworkingmore than 36-40 hours a week they should be on overtime rates.Thaes not to say there aren't some employers who try to screw down their workers to that sort of level. But they can't pay drivers less than the NMW and if they were, we would expect to see them prosecuted and jailed."
Ruth Pott. head of employment at the Road Haulage Association, says: have to agree with the union in that [can't remember the last time I spoke to a member about the NMW. Drivers exceed it by quite a considerable margin.We are just putting together the annual pay and benefits review, and indications are that the hourly rate for drivers exceeds the minimum wage by at least £2. Last year the average rate for an WV C-E driver was £8.23 and we expect to see an increase on that this year."
Some groups are now calling for a living wage rather than a national minimum wage Guardian columnist Polly Toynbee argues that the minimum wage is "some Q. an hour below a survivable living wage". •
CONTACTS Minimum Wage helpline: 0845 6000 678 The Low Pay Commission: www.lowpay.goituk ACAS: 08457 474747