Working time in mobile road transport - Harmonisation at any cost?
[26-04-2010]
Should the self-employed be exempt from the Road Transport (Working Time) Directive? Europe’s Labour representatives are up in arms about this: they fear that self-employed drivers might work in excess of 80 hours and could therefore pose a risk to road safety. They are also concerned that this might exert further pressure on drivers under employment contract to switch to “pseudo self-employment”. The Office of the Austrian Federal Chamber of Labour in Brussels, AK EUROPA, and the European Office of the Austrian Trade Union Federation, ÖGB, have therefore taken the opportunity of holding a panel discussion on 28th April, when voting on the Directive proposal will take place in the European Parliament.Transport & Environment
The panel consisted of high-calibre participants, the rapporteur on the Working Time Directive, Edit Bauer of the European People’s Party, the shadow rapporteur of the Progressive Alliance of Socialists and Democrats, Stephen Hughes, Damian Viccars, in charge of social and fiscal affairs at the European office of the International Road Transport Union (IRU), and General Secretary of the European Transport Workers' Federation Eduardo Chagas.
MEP Edit Bauer, rapporteur: unrealistic expectations, which the Directive is unable to fulfil
The rapporteur on the Road Transport (Working Time) Directive, Edit Bauer of the European People’s Party, is against including self-employed drivers in the Directive. Apart from that, regulations concerning night work hours should be decided at national level, said Bauer. The Regulation 561/2006 on the harmonisation of certain social legislation relating to road transport would regulate some social aspects. The reality, however, was that many social issues would still be a matter for the Member States and would be regulated by them. In her opinion, including self-employed drivers in the Directive would not make any sense. The statistics would not see a difference with regard to accidents involving self-employed or employed drivers. One could not force self-employed drivers to work a determined number of hours, is the firm belief of the MEP of the European People’s Party.
MEP Stephen Hughes: it is important that all workers in mobile transport would come under this area of application
The shadow rapporteur Stephen Hughes of the Progressive Alliance of Socialists and Democrats explained why he regards it as necessary that the Commission’s Directive proposal is rejected by the European Parliament. On the one hand, the exemption of self-employed drivers would push a large number of drivers into pseudo self-employment. In addition to the existing labour law problems, this would mean an unfair competitive advantage for large companies, which would use all their resources to avoid the scope of the Directive. On the other hand, however, it would be necessary to include all drivers to guarantee road safety. Again and again, one would hear stories where overtired lorry drivers would cause accidents: “Do you want to drive along the motorway and wonder each time you see an HGV whether the driver is employed or self-employed?”
International Road Transport Union: self-employed drivers should be exempt from the Working Time Directive
Damian Viccars, in charge of social and fiscal affairs at the European office of the International Road Transport Union (IRU), pointed out that the IRU would represent about 180 associations, among them many self-employed drivers. It would be in the interest of the self-employed members that these need to be exempt from the scope of the Working Time Directive in mobile transport. The Member States, however, might be allowed in exceptional cases to regulate self-employed drivers at national level. The Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport would apply to self-employed drivers in any case. It would regulate driving times and rest periods and be a good and important instrument to guarantee road safety. Not only working time, but also resting periods would e important. He regards weekly working hours of 84-86 hours, which are criticised by the trade unions, for unrealistic. Digital tachographs would guarantee that working time regulations were adhered to, also by self-employed drivers. Considering all these reasons, the Road Transport (Working Time) Directive would not be the right instrument to deal with the problems pointed out by the trade unions. The Directive should not deprive Member States of the opportunity to promote entrepreneurship. Viccars, however, saw a need for action with regard to implementing existing regulations and control. This was the responsibility of the Member States.
European Transport Workers' Federation: exemption of self-employed drivers from the Directive puts road safety at risk
In his contribution, Eduardo Chagas, General Secretary of the European Transport Workers' Federation ITF, referred to the fact that the exemption of self-employed drivers from the scope of the Directive, would harbour the risk that road safety would be put at risk by drivers being overtired. Exempting self-employed drivers from the Working Time Directive would result in a strong increase of self-employed drivers in order to avoid the regulations of the Directive. These risks had already been pointed out by an earlier study of the Commission. The trade unions were concerned about three issues: road safety, safety of the drivers and fair competition. Chagas criticized in particular the European Commission, which he accused of not exerting political will to introduce the regulation and reproached not have consulted the social partners enough. Unfortunately, Regulation 561/2006 would enable working times of 84 – 86 hours per week because self-employed drivers would only adhere to resting periods, but not to the working hours defined by the Working Time Directive, which apart from driving would also include administrative responsibilities. A distortion of the competition would be the consequence. Apart from that, Chagas pointed to a Europe-wide demonstration of lorry drivers on 28th April, who want to draw attention to their concerns prior to the vote in the EP Committee in Brussels.
Pictures of the event
MEP Edit Bauer, rapporteur: unrealistic expectations, which the Directive is unable to fulfil
The rapporteur on the Road Transport (Working Time) Directive, Edit Bauer of the European People’s Party, is against including self-employed drivers in the Directive. Apart from that, regulations concerning night work hours should be decided at national level, said Bauer. The Regulation 561/2006 on the harmonisation of certain social legislation relating to road transport would regulate some social aspects. The reality, however, was that many social issues would still be a matter for the Member States and would be regulated by them. In her opinion, including self-employed drivers in the Directive would not make any sense. The statistics would not see a difference with regard to accidents involving self-employed or employed drivers. One could not force self-employed drivers to work a determined number of hours, is the firm belief of the MEP of the European People’s Party.
MEP Stephen Hughes: it is important that all workers in mobile transport would come under this area of application
The shadow rapporteur Stephen Hughes of the Progressive Alliance of Socialists and Democrats explained why he regards it as necessary that the Commission’s Directive proposal is rejected by the European Parliament. On the one hand, the exemption of self-employed drivers would push a large number of drivers into pseudo self-employment. In addition to the existing labour law problems, this would mean an unfair competitive advantage for large companies, which would use all their resources to avoid the scope of the Directive. On the other hand, however, it would be necessary to include all drivers to guarantee road safety. Again and again, one would hear stories where overtired lorry drivers would cause accidents: “Do you want to drive along the motorway and wonder each time you see an HGV whether the driver is employed or self-employed?”
International Road Transport Union: self-employed drivers should be exempt from the Working Time Directive
Damian Viccars, in charge of social and fiscal affairs at the European office of the International Road Transport Union (IRU), pointed out that the IRU would represent about 180 associations, among them many self-employed drivers. It would be in the interest of the self-employed members that these need to be exempt from the scope of the Working Time Directive in mobile transport. The Member States, however, might be allowed in exceptional cases to regulate self-employed drivers at national level. The Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport would apply to self-employed drivers in any case. It would regulate driving times and rest periods and be a good and important instrument to guarantee road safety. Not only working time, but also resting periods would e important. He regards weekly working hours of 84-86 hours, which are criticised by the trade unions, for unrealistic. Digital tachographs would guarantee that working time regulations were adhered to, also by self-employed drivers. Considering all these reasons, the Road Transport (Working Time) Directive would not be the right instrument to deal with the problems pointed out by the trade unions. The Directive should not deprive Member States of the opportunity to promote entrepreneurship. Viccars, however, saw a need for action with regard to implementing existing regulations and control. This was the responsibility of the Member States.
European Transport Workers' Federation: exemption of self-employed drivers from the Directive puts road safety at risk
In his contribution, Eduardo Chagas, General Secretary of the European Transport Workers' Federation ITF, referred to the fact that the exemption of self-employed drivers from the scope of the Directive, would harbour the risk that road safety would be put at risk by drivers being overtired. Exempting self-employed drivers from the Working Time Directive would result in a strong increase of self-employed drivers in order to avoid the regulations of the Directive. These risks had already been pointed out by an earlier study of the Commission. The trade unions were concerned about three issues: road safety, safety of the drivers and fair competition. Chagas criticized in particular the European Commission, which he accused of not exerting political will to introduce the regulation and reproached not have consulted the social partners enough. Unfortunately, Regulation 561/2006 would enable working times of 84 – 86 hours per week because self-employed drivers would only adhere to resting periods, but not to the working hours defined by the Working Time Directive, which apart from driving would also include administrative responsibilities. A distortion of the competition would be the consequence. Apart from that, Chagas pointed to a Europe-wide demonstration of lorry drivers on 28th April, who want to draw attention to their concerns prior to the vote in the EP Committee in Brussels.
Apparently the MEPs shared the concerns of the employees' representatives and voted on 28 April at the Employment Committee with 30 to 19 MEPs against the directive proposal on the working time in mobile road transport. It is expected that the plenary will decide in June on the future of the directive.
Pictures of the event
