Agency work whilst taking holidays

And of course he’ll be informing HMRC so he can pay his taxes.

Ken.

holidays are for sitting on a beach getting a tan, drinking beer and kissing ugly wimmin` in seedy night clubs…not for working for an agency

karl67:

Solly:
Why would anyone want to work their holiday?? :confused:

Why do some like being out all week
Why do some want to be doing 13/15 hour days.

Their payed peanunts probably.

Nope, some people have big mortgages, and can’t afford to work for crap money each week and take actual holidays in their holidays. :unamused:

just drive for someone with an older fleet and bin the charts at the end of the week.
theres no such thing as an honest richman!

C10HOO:
Just been speaking to a driver who says he is planning on driving for an agency next week while he is on holiday from his main employer.
Surely doing so is legal but by using his digi card his current employer will find out and in guessing they won’t be best pleased.
What’s the deal? Am I right in thinking his employer would have grounds to sack him?

What the ■■■■ is it to you what other people do unless this other guy happens to be you if not then mind your own ■■■■ business

1asp:
just drive for someone with an older fleet and bin the charts at the end of the week.
theres no such thing as an honest richman!

Then VOSA catch up when they visit the operator and after investigations (aided helpfully by Inland Revenue) find our dodgy driver and introduce him to the TC, massive fines follow possible criminal record and licence probably revoked.

Damned expensive dodgy weeks wages that’ll be and a proper employer wouldn’t subsequently give them the time of day.

yes then you find out your wifes bin nobbin your neighbour and your kids arnt yours for ■■■■■ sake :unamused: :unamused:

Just to add from April all employers have to send info to tax man each week of your earning for that week

hmrc.gov.uk/payerti/getting- … /index.htm

karl67:

Solly:
Why would anyone want to work their holiday?? :confused:

Why do some like being out all week
Why do some want to be doing 13/15 hour days.

Their payed peanunts probably.

Some of us are hard workers.

Everyones idea of a good wage is different, some think 30k pa is good, others would question whether you could even live on that kind of money.

a weeks holiday counts as 48 hours

hitch:
a weeks holiday counts as 48 hours

Only the first 20 days “Stat Leave”. Anything above 20 days counts as zero hours. It’s those extra days that give a window of opportunity to either get some extra shifts at the regular job, or do some agency on the side. Of course, there’s no point to this unless the agency job is both local and well paid. If it’s not, then you might as well hold out for some extra overtime at your regular job and be done with it. :wink:

If no work is done in a fixed week then holls for that week will count as 48 hours for RTD

If as little as 1 minute is worked in that fixed week then each days holliday counts as 8 hours if no work is done on that day

If work is done on a day when also on holliday that day then the work hours count and not the holliday 8 hours

Normal job is mon to fri and takes that as holls = 48 for RTD
If mon is worked with 10 RTD hours = 42 for RTD (1x10 + 4x8)
If sat is worked with 10 RTD hours = 50 for RTD (1x10 + 5x8)

ROG:
If work is done on a day when also on holliday that day then the work hours count and not the holliday 8 hours

So ideally, if he’s going to work for someone else, he wants to only do 6 hours a day or less. That way his RTD average will be reduced :smiley:

Simon:

ROG:
If work is done on a day when also on holliday that day then the work hours count and not the holliday 8 hours

So ideally, if he’s going to work for someone else, he wants to only do 6 hours a day or less. That way his RTD average will be reduced :smiley:

No, that will put 6 hours on his working time average, any work for another employer as to be counted on top of the holiday

so if you book 8 hours at your normal place of work and you did 6 hours at a agency you would have in fact done 14 hour work for RTD that day, your main employer as to show in there that there have given you 28 days leave and 20 days are counted for RTD.

So if you was on a 17 week reference period and your at week 15 and had your first weeks leave of the year, your main company would put 48 hours down as holiday, you did 2 days work at another employer and worked a total of 20 hours, those 20 hours would have to be added to your total hours for that reference period and if those 20 hours took you over you RTD 17 week reference period your main employer could send you home without pay.

The point of the RTD 48 average working over a 17 week reference period is you only do 816 hours in that period, if you do work the max hours in that period and had a week off and worked for an other employer, that was counted for the RTD the would take you over you hours and therefor put you on unpaid leave.

delboytwo:

Simon:

ROG:
If work is done on a day when also on holliday that day then the work hours count and not the holliday 8 hours

So ideally, if he’s going to work for someone else, he wants to only do 6 hours a day or less. That way his RTD average will be reduced :smiley:

No, that will put 6 hours on his working time average, any work for another employer as to be counted on top of the holiday

RTD holliday time cannot be counted if the day is not taken as a holliday but worked instead

Cannot count a day worked as holliday time - unless you have a link to where that says otherwise ?

ROG:

delboytwo:

Simon:

ROG:
If work is done on a day when also on holliday that day then the work hours count and not the holliday 8 hours

So ideally, if he’s going to work for someone else, he wants to only do 6 hours a day or less. That way his RTD average will be reduced :smiley:

No, that will put 6 hours on his working time average, any work for another employer as to be counted on top of the holiday

RTD holliday time cannot be counted if the day is not taken as a holliday but worked instead

Cannot count a day worked as holliday time - unless you have a link to where that says otherwise ?

Member States shall take the measures necessary to ensure that:

(a) the average weekly working time may not exceed 48 hours. The maximum weekly working time may be extended to 60 hours only if, over four months, an average of 48 hours a week is not exceeded. The fourth and fifth subparagraphs of Article 6(1) of Regulation (EEC) No 3820/85 or, where necessary, the fourth subparagraph of Article 6(1) of the AETR Agreement shall take precedence over this Directive, in so far as the drivers concerned do not exceed an average working time of 48 hours a week over four months;

(b) working time for different employers is the sum of the working hours. The employer shall ask the mobile worker concerned in writing for an account of time worked for another employer. The mobile worker shall provide such information in writing.

look at it this way if you can work your holidays for an other company and have them not count at your main employer, why can’t you just work for your main employer instead.

and if you had a 48 hours holiday booked in all 4,17 week reference periods and in all those 4, 17 weeks and your totals were 816 in each of those 4, 17 week reference period , how many hours can you do in your holidays

For your main employer

for your other employer

you can only use the 8 days to offset you working time so as to keep you within the 48 hour average you must count the 20 days as a note. if you did not take holiday your employer would get done there have to show you were and have had a holiday what you do on your holiday as no barring on there hours unless you work which means you have worked and will be put on a note on you RTD file you have done extra work and it will be added.

It as happened to me and i have been sent home for 3 days without pay. I asked why i thought i could do what i wanted to do on my holiday the boss said yes, but if you come under the RTD those hours you did have to be counted, he showed me my RTD sheet the week I had as holiday was week 6 in the 17 week reference period at week 16 I had done all my hours and had to have 3 days off unpaid in the sheet it showed i had work on week 7 show two figs one saying my work for him and the other was extra hours for 3 days i did as my tacho was down loaded.

I was not alone a lot of use have fallen foul of this and the boss as had to get agency driver in to cover are greed as he put it

so now i do not do any work on my holidays as whats the point

and think of this Rog, this was brought in to stop us working two many hours and for employers taking the ■■■■, come on think about it, what would be stopping your boss having to companies and getting you to work for one while your on your holiday for him.

Simple fact is you cannot be on holliday RTD hours if you work that day

There is nothing to stop you working during your hollidays unless you have a contract that says other

You could work for macdonalds during your hollidays under the (opted out of) WTD which does not count for RTD and as you are working the holliday RTD hours cannot count

When the makers of the RTD rules came up with them they did not consider what would happen if people worked during the holls so as the rules stand a worker can take 5 days holls but work for 1 hour each of those 5 days and get only 5 hours counted for that fixed week instead of 48 but the company has done everything correctly according to the rules - so has the worker

All my info is from the original rules so if there has been any ammendments since then feel free to point them out

ROG:
Simple fact is you cannot be on holliday RTD hours if you work that day

There is nothing to stop you working during your hollidays unless you have a contract that says other

You could work for macdonalds during your hollidays under the (opted out of) WTD which does not count for RTD and as you are working the holliday RTD hours cannot count

When the makers of the RTD rules came up with them they did not consider what would happen if people worked during the holls so as the rules stand a worker can take 5 days holls but work for 1 hour each of those 5 days and get only 5 hours counted for that fixed week instead of 48 but the company has done everything correctly according to the rules - so has the worker

All my info is from the original rules so if there has been any ammendments since then feel free to point them out

show were in the rules as you have read, were holidays do not count for RTD the the other employers, that is for road transport activities

this is a truck forum not a burger flipping forum, most questions on here are about driving trucks under EU regulations.

found this in a vosa guide (yes i know its a guide but for the porpose of the queston it say the point )

Four weeks of this statutory annual leave entitlement stems from the European Working Time Directive 2003/88/EC and is provided for by Regulation 13 of the 1998 Regulations. This leave must be treated as ‘neutral’ (i.e. treated as working time) for the purpose of calculating weekly working hours.

people that are both self employed and employed use holidays generated from the employed paye jobs (they have to give me the holidays , law says so , ) i choose to work them if i want else where , then i have time off when we i or are quiet ,
simple thing is, its my choice when i want to go to florida for 3 weeks with the family, not when some arsey 16 year old office admin tells me i can and cant, its a plus for working for both ,
But depends entirely what agreement you have with your paye employer , mine doesn’t care providing i dont ■■■■ them about, and actuality turn up when i say , and the sounds of it they struggle to get normal full time staff to do that

ROG:

delboytwo:

Simon:

ROG:
If work is done on a day when also on holliday that day then the work hours count and not the holliday 8 hours

So ideally, if he’s going to work for someone else, he wants to only do 6 hours a day or less. That way his RTD average will be reduced :smiley:

No, that will put 6 hours on his working time average, any work for another employer as to be counted on top of the holiday

RTD holliday time cannot be counted if the day is not taken as a holliday but worked instead

Cannot count a day worked as holliday time - unless you have a link to where that says otherwise ?

i admit i am not particularly clued up on the law regarding this but logically i dont see how you can log 48 hours working time for a holiday then an addtional 40 hours (just a figure) by working elsewhere. im not sure its legal for an employer to give you a weeks holiday and allow you to do overtime during that week. i have tried that before when i was with an agency and they said they can pay me holiday pay or i can work and earn but they cant pay both. in my opinion your employer could grant you a weeks holiday and providing you do not exceed 48 hours work then it wouldnt affect your working time as your employer would not be able to add 48 hours for a holiday if you are working elsewhere. it would be on tacho anyway so there would be no need to penalise your working time. it would be a payroll exercise to pay you your entitled holiday pay but as you are recording working time anyway, why would they need to add time to your hours? it seems unnecessary to add working time to your worked hours unless you actually take a day off ie monday to friday holiday, work monday to thursday elsewhere doing 10 hour shifts so you would only add 48 hours. 40 hours worked plus 8 hours for the 1 day you didnt work