Rjan:
Franglais:
Seems legal to receive calls even if on daily rest period.The way I read it, the problem here is not the receiving of calls, but the need to await and handle instructions which specify the next time of attendance.
The nature of these instructions means they cannot simply be dealt with once the rest period is over, but themselves actually determine the length of the rest period, and are being provided only after the rest period has begun.
Since these interruptions are planned and routine, the authorities are unlikely to tolerate it as de minimis, as they might if it happened as an exceptional event or courtesy call, but as part of performing the basic work duties.
The picture in my mind is this. An employer could notify a driver of his next start time shortly after the end of his shift but whilst the driver was still awake, but in doing so they would probably violate the hours’ rules (unless the interruption complied with the “split rest” provision, which means the notification is no less than 9 hours before starting, and the overall rest no less than 12 hours).
Alternatively, an employer could notify the driver but make it clear that they didn’t expect the notification to be handled until 11 hours after the previous shift, but the following day’s work (for the purposes of the hours’ rules) would then begin at the moment of handling the instructions to return to the work site, so the amount of time remaining in the 24-hour window for the employer’s use, could be severely curtailed, as any time between dealing with the notification and attending site would not be counted as daily rest.
Why would they need to call a driver during his daily rest period if it’s not to force a reduced daily rest period.
IE in exactly what circumstances would they need to call within 11 hours of previous finish time unless they want him to start in less than 11 hours from the start of his daily rest period.
So a 4 am start should obviously be notified to the driver by 5pm the previous day at the latest.If not that’s obviously an enforced reduced daily rest period which is what this all seems about to me if not it would obviously be a non issue because the driver would know by 5 pm if it’s a 4 am start by default of the 11 hour daily rest period.