Saaamon:
Forget poa and forget the wtd. Use break instead and crack on with the job.
See your point mate, unfortunately, our firm has stopped paying us the hours on our time sheets, but now pays us the hours used from a combo of tracker download and digicard download.
Any time on ‘break’ over and above the minimum breaks are deducted from our paid hours, hence my interest in using the POA correctly.
its a [zb] joke how they can pay you off you’re tacho. End of the day you have clocked on and are working so i dont see how any company can do this. what happens if you are waiting for you’re next job but dont get it for over 3 hours where in this time you have had it on break so you can then split you’re daily rest? does that mean you are not getting paid■■? that means if they dont like a driver for some reason they can keep them parked up stopping them from earning a living wage.
In that case it would be clock on clock off with 45min breaks in driving or wtd breaks paid by the hour bring it on
Member States shall take the measures necessary to ensure that, without prejudice to the level of protection provided by Regulation (EEC) No 3820/85 or, failing that, by the AETR Agreement, persons performing mobile road transport activities, without prejudice to Article 2(1), in no circumstances work for more than six consecutive hours without a break. Working time shall be interrupted by a break of at least 30 minutes, if working hours total between six and nine hours, and of at least 45 minutes, if working hours total more than nine hours.
You could be on duty for 15 hrs and only require a 15min break
You could do driving (4 hours) & other work (2 hours) plus 9 hours of POA in a 15 hour shift and require no breaks !! - OK, thats a bit daft but is a legal example
no Rog 4+2=6 … 15min break min required and because you did 6hrs you’ll need a further 15 before you end your duty.because you work between 6 and ?
you would be ok if you did 4 + 1hr 40 + 15 break = 5hrs 55 min then the rest on poa
The rules are that if you do exactly 6 hours as I suggested then NO break is required
Here is a more realistic LEGAL senario where no breaks are required for tacho or RTD
START
0600 - 0615 OW
0615 - 0815 D
0815 - 1045 POA
1045 - 1100 OW
1100 - 1200 D
1200 - 1330 POA
1330 - 1345 OW
1345 - 1445 D
1445 - 1600 OW
END
TOTALS
D = 4
OW = 2
POA = 4
The rule is that no worker shall work (working time) over 6 hours without a break of at least 15 mins so in the above senario it has reached 6 hours but not gone over it therfore no break is required
espresso:
They started doing it 2 weeks ago, without telling us, there are some very unhappy drivers!
And they still have drivers ■■ I thought it was illegal to change anything like that without notice, if not then it should be
its a breach of contract by the looks of it. meaning the drivers should have had at least 90 days notice to the change of their contract of employment then them who are not happy to the change could then try them for constructive dismissal.
espresso:
They started doing it 2 weeks ago, without telling us, there are some very unhappy drivers!
And they still have drivers ■■ I thought it was illegal to change anything like that without notice, if not then it should be
its a breach of contract by the looks of it. meaning the drivers should have had at least 90 days notice to the change of their contract of employment then them who are not happy to the change could then try them for constructive dismissal.
I hadn’t thought of the fact it could be a breach of contract, that is one well worth looking into, nice one.
They must have around 80 drivers, so I am sure at least one of them would fancy looking into the legalities.
espresso:
They started doing it 2 weeks ago, without telling us, there are some very unhappy drivers!
And they still have drivers ■■ I thought it was illegal to change anything like that without notice, if not then it should be
its a breach of contract by the looks of it. meaning the drivers should have had at least 90 days notice to the change of their contract of employment then them who are not happy to the change could then try them for constructive dismissal.
I hadn’t thought of the fact it could be a breach of contract, that is one well worth looking into, nice one.
They must have around 80 drivers, so I am sure at least one of them would fancy looking into the legalities.
im sure it is mate as the company are changing the terms and conditions of you’re wages to the ones that were stated in you’re contract of employment. They cant just say to the lads,“right from now on you only get paid off you’re tacho” if it states in you’re contract you are paid so much £s an hour. They must give everyone 90 days notice to any changes to a contract then if the drivers are not happy they can get legal advice in how they could go about taking the company to a tribunal for constructive dismissal. Plus i dont know how they can run leaglly in reference to the WTD if drivers are not putting it on break as they wont get paid.
Saaamon:
Forget poa and forget the wtd. Use break instead and crack on with the job.
See your point mate, unfortunately, our firm has stopped paying us the hours on our time sheets, but now pays us the hours used from a combo of tracker download and digicard download.
Any time on ‘break’ over and above the minimum breaks are deducted from our paid hours, hence my interest in using the POA correctly.
its a [zb] joke how they can pay you off you’re tacho. End of the day you have clocked on and are working so i dont see how any company can do this. what happens if you are waiting for you’re next job but dont get it for over 3 hours where in this time you have had it on break so you can then split you’re daily rest? does that mean you are not getting paid■■? that means if they dont like a driver for some reason they can keep them parked up stopping them from earning a living wage.
They started doing it 2 weeks ago, without telling us, there are some very unhappy drivers!
I had a feeling that mite be why you asked.
Im not normally like this but thats bloody out of order and i believe your company has made very bad move… Like you say their now left with alot of properly ■■■■■■ off drivers who now sit around for two hours on other work whilst on a bay etc then go down the road and then have 45mins off!
This the kind of stunt that someone thinks will say the company thousands!
