I am working for an agency, and I have just done two shifts of just over 15 hours each day. The boss of the firm says that they will deduct 90 mins pay for the two 45 minutes break each day under the working time directive. Are they just trying to screw me, or is this correct ?
Diesel Tug:
I am working for an agency, and I have just done two shifts of just over 15 hours each day. The boss of the firm says that they will deduct 90 mins pay for the two 45 minutes break each day under the working time directive. Are they just trying to screw me, or is this correct ?
If that is what is in your contract with the agency then yes they can do that but…
It has nothing to do the the RTD (WTD) but with the driving time regs so if you went over 9 hours driving time then 2 x 45 min breaks would be needed
If you did a 15 hour shift and no more than 9 hours driving time then they are deffo pulling a fast one IMO so ask them for the legal reason as to why
ROG:
Diesel Tug:
I am working for an agency, and I have just done two shifts of just over 15 hours each day. The boss of the firm says that they will deduct 90 mins pay for the two 45 minutes break each day under the working time directive. Are they just trying to screw me, or is this correct ?If that is what is in your contract with the agency then yes they can do that but…
It has nothing to do the the RTD (WTD) but with the driving time regs so if you went over 9 hours driving time then 2 x 45 min breaks would be needed
If you did a 15 hour shift and no more than 9 hours driving time then they are deffo pulling a fast one IMO so ask them for the legal reason as to why
Thanks for the prompt reply, the guy that runs the agency is on my side and it is the boss of the firm I was contracted out to that is trying it on. As most of us driver know, most of the day is waiting to tip or reload as was this case. On both shifts I was under the 9 hrs driving, so you think I have a case ?
Cheers for the help,
Martyn.
Diesel Tug:
I am working for an agency, and I have just done two shifts of just over 15 hours each day.
Presumably you was multi-manning ?
Diesel Tug:
The boss of the firm says that they will deduct 90 mins pay for the two 45 minutes break each day under the working time directive. Are they just trying to screw me, or is this correct ?
If you had to have 2 driving breaks he’s probably within his rights but personally I wouldn’t work for that company again.
If I have to have 2 breaks because I drive over 9 hours I expect to be paid for the second break and always have been paid for it.
Hang on a minute … the agency pays you not the client of the agency so where is the problem ?
Agree with all the above.
I would not work for any agency that deducts a second break.
Check your contract…
Diesel Tug:
the guy that runs the agency is on my side and it is the boss of the firm I was contracted out to that is trying it on. As most of us driver know, most of the day is waiting to tip or reload as was this case. On both shifts I was under the 9 hrs driving, so you think I have a case ?
If your driving time was bellow 9 hours you had no reason to have more than one 45 minute break and that’s all that should be stopped from your wages.
However I am a bit puzzled that you say you worked over 15 hours and it sounds like you wasn’t double manning.
It’s illegal to do a shift of over 15 hours unless you was held up or double manning, could he be covering his own back-side and only paying you for the 15 hour shift less a 45 minute break ?
Your contract is with the agency and not who the agency send you to work for so the place where you work cannot dictate what you are or are not paid
If the company you went to are stating what they are willing to pay or not pay then that is for them to take up with the agency not you
dar1976:
Agree with all the above.I would not work for any agency that deducts a second break.
Check your contract…
The guy that runs the agency is on my side, this is just a problem that he has not come across before. It is the firm I was contracted out to that is stating under the WTD that they can deduct two 45minute breaks from me although I had done under 9 hours driving on these occasions .
Martyn.
Diesel Tug:
dar1976:
Agree with all the above.I would not work for any agency that deducts a second break.
Check your contract…
The guy that runs the agency is on my side, this is just a problem that he has not come across before. It is the firm I was contracted out to that is stating under the WTD that they can deduct two 45minute breaks from me although I had done under 9 hours driving on these occasions .
Martyn.
Who pays you - the agency or the company you drove for ?
ROG:
Diesel Tug:
dar1976:
Agree with all the above.I would not work for any agency that deducts a second break.
Check your contract…
The guy that runs the agency is on my side, this is just a problem that he has not come across before. It is the firm I was contracted out to that is stating under the WTD that they can deduct two 45minute breaks from me although I had done under 9 hours driving on these occasions .
Martyn.
Who pays you - the agency or the company you drove for ?
The agency pays me, and has said he will take it up with the firm as he has never come across this problem before.
I was not double manning, and thanks to your advice I will know where I stand in the future.
Martyn.
Diesel Tug:
The agency pays me
Then ONLY the agency can deduct money from you for this and that
I suggest you have a word with the agency who are your employer and ask them why THEY are not paying you for the time you worked
If the client of the agency is disputing time paid then that has nothing to do with you
ROG:
Diesel Tug:
The agency pays meThen ONLY the agency can deduct money from you for this and that
I suggest you have a word with the agency who are your employer and ask them why THEY are not paying you for the time you worked
If the client of the agency is disputing time paid then that has nothing to do with you
That depends on what the client signed for on the time-sheet, assuming there was a time-sheet signed.
ROG:
Diesel Tug:
The agency pays meThen ONLY the agency can deduct money from you for this and that
I suggest you have a word with the agency who are your employer and ask them why THEY are not paying you for the time you worked
If the client of the agency is disputing time paid then that has nothing to do with you
Well it is me that brought the query up and the agency is just trying to be helpful, so fingers crossed for the out come 
.
Martyn.
tachograph:
ROG:
Diesel Tug:
The agency pays meThen ONLY the agency can deduct money from you for this and that
I suggest you have a word with the agency who are your employer and ask them why THEY are not paying you for the time you worked
If the client of the agency is disputing time paid then that has nothing to do with you
That depends on what the client signed for on the time-sheet, assuming there was a time-sheet signed.
Yes there is a time sheet, but the client would not sign it until the matter was taken up with the agency I am working for.
Martyn.
Diesel Tug:
… the agency is just trying to be helpful,
forget the company you drove for because they have no say in what the agency, who is your employer, pay you under your contract
your contract is with the agency so unless that contract states they can deduct breaks of any kind then you get paid - end of
What your employer/agency is trying to do is to put this onto their client who you drove for and if you let that happen then nobody can help you
Get your money from your employer, the agency, who you have a contract with