Having a bit of a hot topic at work at the moment…
Can an employer ask/tell you to take a reduced daily rest period?
I said they can’t as you are entitled to 114 off in any 24, and it’s a drivers responsibility to manage their hours/breaks…
Any views on the subject…
Cheers
Snowmonster
they can ask but it depends on your contract to be honest and if you wanna keep your job.
The way round any regulations would be worded to comply with all tachograph regulations / working hours to suit the working requierments within the company.
In saying that I don’t think it would be un reasonable to ask a driver to do it depending what he’s doing ad how often.
remember if you work 13.25 hrs your already into a reduced rest day
Having a bit of a hot topic at work at the moment…
Can an employer ask/tell you to take a reduced daily rest period?
I said they can’t as you are entitled to 114 off in any 24, and it’s a drivers responsibility to manage their hours/breaks…
Any views on the subject…
Cheers
Snowmonster
“114 off in any 24” ?
Yes an employer can ask/tell you to have a reduced daily rest period, I suppose you could say no but if you say no too often you may not have a job.
I’ve no idea where you’ve got this idea that it’s solely a drivers responsibility to manage hours and breaks ec’t, depending on the job you do an employer can tell you when and where you’ll be having your breaks.
It is the responsibility of the driver to have enough sleep/rest before starting a new shift
If the employer/planner has legally planned for a rest which does not allow the driver to be properly rested in the opinion of the driver then both driver and employer would be liable should the driver be involved in an incident
If a dispute occurs between driver and planner then simply insist that both parties put their views in writing - employer usually backs down at that point
Its a shame that the laws on this were not better written in such a way that it makes clear that the driver has the final decision
I meant to say 11 hrs off in any 24 hrs… as stated in Tacho Regs… It then states a DRIVER may reduce to 9 Hrs… Surely this means a DRIVER can reduce if he wants, not if told to…
Any way, I am now working so that I can use the Working Time Directive option of 12¾ hrs maximum… means I can’t use POA or anything, but at least I can only do 12¾ hours a day…
Snowmonster:
I meant to say 11 hrs off in any 24 hrs
Sorry I should have realised that
Snowmonster:
Any way, I am now working so that I can use the Working Time Directive option of 12¾ hrs maximum… means I can’t use POA or anything, but at least I can only do 12¾ hours a day…
I don’t understand, what’s this “working Time Directive of 12¾ hrs maximum”, are you referring to some company policy or something
Snowmonster:
I meant to say 11 hrs off in any 24 hrs… as stated in Tacho Regs… It then states a DRIVER may reduce to 9 Hrs… Surely this means a DRIVER can reduce if he wants, not if told to…
The final decision is for the driver - that does not stop planners doing what they are allowed to do legally
If I was your planner and said - you will restart in 9 hours - you can say - no I will not because I choose not to and my reason is that I will not have the required rest I need to be safe
This is one of those issues that should always be discussed and agreed on at interview as that prevents any possible future conflict