Hi guys and girl … i got one for you can a employer force you to book poa
gaz7282:
Hi guys and girl … i got one for you can a employer force you to book poa
In situations where it’s legal to use POA and if there’s no agreement in place that says you don’t use POA I don’t see why not.
this might help you.
Bear in mind when you have accumulated 45 minutes or more of POA that it will reset your driving hours according to the digi tacho display. Legally however your driving hours are not reset until you have had 45 minutes break.
gaz7282:
Hi guys and girl … i got one for you can a employer force you to book poa
Put it on break because if it’s good enough for poa it’s good enough for break. But obviously it has to be at least 15 mins to count as a break whereas poa can be any duration.
bald bloke:
gaz7282:
Hi guys and girl … i got one for you can a employer force you to book poaPut it on break because if it’s good enough for poa it’s good enough for break. But obviously it has to be at least 15 mins to count as a break whereas poa can be any duration.
It doesn’t matter whether the tachograph is on break for 1 minute or 15 minutes it’s still a break, it will only count for the tachograph regulations and the RT(WT)R if it’s 15 minutes or more and even then only if the circumstances are right, but it’s still a break and won’t count as working time regardless of how long it is.
Please correct me if I am wrong P O A is to give the employee the opportunity to work longer than 48 hours if he so wishes . Not for a employer to increase his working week ,Bearing in mind I get paid a salary not hourly . This means any hours worked over 48 will in affect be unpaid .
gaz7282:
Please correct me if I am wrong P O A is to give the employee the opportunity to work longer than 48 hours if he so wishes . Not for a employer to increase his working week ,Bearing in mind I get paid a salary not hourly . This means any hours worked over 48 will in affect be unpaid .
And me so no poa and minimum breaks.
well said sir
gaz7282:
Please correct me if I am wrong P O A is to give the employee the opportunity to work longer than 48 hours if he so wishes . Not for a employer to increase his working week ,Bearing in mind I get paid a salary not hourly . This means any hours worked over 48 will in affect be unpaid .
I’d like to tell you that your employer cannot tell you to book POA, but the fact that you’re on salary doesn’t necessarily mean anything over 48 hours is unppaid, there are plenty of salaried drivers who are contracted to work more than 48 hours per week.
Surely as you’re on salary your contract should say what hours you’re contracted to work.
gaz7282:
Please correct me if I am wrong P O A is to give the employee the opportunity to work longer than 48 hours if he so wishes . Not for a employer to increase his working week ,Bearing in mind I get paid a salary not hourly . This means any hours worked over 48 will in affect be unpaid .
If you want to get nitty gritty about it POA is not work, your talking attendance hours there in that respect.
I have to say the WTD is minefield of unexplained unanswered questions what is the difference between attendance hours and working hours. For me my contracted hours are 48 how the company wish to apply the hours is up to them . According to vosa poa has to be known in advance .But to top it all i have never signed or agreed to the opt out . Ultimately the question still stands can a employer force you to book P O A As i said before is it there to allow the driver to work extra hours if he wishes.
gaz7282:
I have to say the WTD is minefield of unexplained unanswered questions what is the difference between attendance hours and working hours. For me my contracted hours are 48 how the company wish to apply the hours is up to them . According to vosa poa has to be known in advance .But to top it all i have never signed or agreed to the opt out . Ultimately the question still stands can a employer force you to book P O A As i said before is it there to allow the driver to work extra hours if he wishes.
The only thing you can opt out of is the night working limit, and that has to be done by agreement with the workforce, so if there 6 drivers on nights and 4 have agreed, then you have opted out.
Remember as a driver you come under the The Road Transport (Working Time) Regulations 2005 (RTD) and not the common Working Time Directive (WTD)
If the activity you are carrying out qualifies as a POA then I would suggest your employer has every right to tell you to record POA - not like you are being told to do something illegal
If you don’t want to record POA during the periods you aren’t doing anything - then record break (as long as no driving, no work and time can be used exclusively to recuperate) or why not just tell the boss you didn’t know how long the period was going to be - therefore not a POA
If your contracted for 48 hours then 48 hours it is. Sounds like your boss is trying to have his cake and eat it…