Being conned maybe!

Hi there not sure this is in right section, so please excuse me.

Just wanted to no the law on early start money, i start before 4am each and every working day, i was just wondering i only get 10pound a day extra for this, but dont get paid it for weekends, so only get it for say 20 days of the month, im missing out on 100quid or so here? have i missed something why they can do this, would love any advice please. :blush:

Trucker beads:
Hi there not sure this is in right section, so please excuse me.

Just wanted to no the law on early start money, i start before 4am each and every working day, i was just wondering i only get 10pound a day extra for this, but dont get paid it for weekends, so only get it for say 20 days of the month, im missing out on 100quid or so here? have i missed something why they can do this, would love any advice please. :blush:

The only law relating to wages is the minimum wage.
What you get paid for any hour of the day is down to what you agreed to in your contract of employment.

well i agreed to a 48hour week, and occasionally do 60hour, but im doing 60+ hours everyweek, just dont understand why i only get paid 20days early start. dont get overtime which i agreed to in contract, but then im working more hours than i get paid for on salary

Trucker beads:
well i agreed to a 48hour week, and occasionally do 60hour, but im doing 60+ hours everyweek, just dont understand why i only get paid 20days early start. dont get overtime which i agreed to in contract, but then im working more hours than i get paid for on salary

Hi mate

are you working over 60 hours and does that cover your breaks as well’ IE working time 60 + breaks or 60 +hours including breaks

Have you asked your employer about the early start bonus for weekends ?

Also if it was me I wouldn’t regularly be doing 12 hours per week more than I’d agreed to without some form of compensation.

i will be asking tomorrow, and with regards to the working 60hours including breaks, yeh over that i know its not right to be doing that, but i have a family to feed :frowning: but i am looking for a new job.

some of the other drivers are in same boat, but to scared to say anything, also what gets me is theres guys starting 4am and fineshed by 9/10am, where as im starting any time between 2/4am and fineshing somedays 3pm, and still on say wage grrr :smiling_imp: :smiling_imp: :imp:

As you are starting before 4am then you come under the RTD (WTD) night regs which means that you cannot WORK more than 10 hours in any shift - NO OPT OUT. - EDIT check out post below :blush: :blush:

WORK means driving & other work - not including breaks and POA

So no matter what can not do more than 10hours in a day cause i start before 4am, and there is nothing he says that can stop me pulling up and going home?

ROG:
As you are starting before 4am then you come under the RTD (WTD) night regs which means that you cannot WORK more than 10 hours in any shift - NO OPT OUT.

Surely you mean without an opt out agreement rather than no opt out?

Coffeeholic:

ROG:
As you are starting before 4am then you come under the RTD (WTD) night regs which means that you cannot WORK more than 10 hours in any shift - NO OPT OUT.

Surely you mean without an opt out agreement rather than no opt out?

I got that one wrong :blush: :blush:
I did not realise that could be opted out of under RTD… more reading needed me thinks - point me in the right direction please coffeeholic…

ROG:

Coffeeholic:

ROG:
As you are starting before 4am then you come under the RTD (WTD) night regs which means that you cannot WORK more than 10 hours in any shift - NO OPT OUT.

Surely you mean without an opt out agreement rather than no opt out?

I got that one wrong :blush: :blush:
I did not realise that could be opted out of under RTD

Apart from altering the reference period the night working time limit is about the only part of the WTD that we can opt out of :wink:

Hi ROG

this may help

4.4 Working longer than 10 hours
More than 10 hours work at night can only be performed, if there is a relevant agreement in
place. The amount of working time that can be performed is still restricted by the minimum
rest requirements under European drivers’ hours rules.

  1. More about the application of the Regulations

7.1 Relevant Agreements
These can be either a collective agreement or work force agreement.
In general, employers and workers can agree to extend the reference period for the average 48
hour working time limit up to a maximum of 26 weeks and agree whether this will be
monitored using a fixed or rolling method (see Section 3.7 - “who decides what reference
period should be used”). Agreements can also be used to exceed the 10 hour limit for night
work (see Section 4.4 - “working longer than 10 hours”).
These agreements can be made by ‘collective agreement’ (between the employer and an
independent trade union) or a ‘workforce agreement’. If a worker has any part of their
conditions determined by a collective agreement they cannot be subject to a workforce
agreement.
Whether a collective agreement entered into by trade union representatives with a particular
employer will apply to all the workers, union and non-union doing the relevant work, depends
on the arrangements at that individual workplace and the terms of the workers’ contracts.
A workforce agreement is made with elected representatives of the workforce in most cases
(see below). A workforce agreement can apply to the whole workforce or to a group of
workers. The conditions relating to a workforce agreement are as follows:

  • an election must be conducted and those voting must be able to do so in secret;
  • the votes must be fairly and accurately counted;
  • candidates for election must be relevant members of the workforce or in the case of a group of
    workers they must be members of the group;
  • workers must be able to vote for as many candidates as there are representatives to be elected;
    and
  • the number of representatives to be elected is to be determined by the employer.
    To be valid, a workforce agreement:
  • must be in writing and have effect for a specific period (not exceeding 5 years);
  • have been circulated in draft to all workers to whom it applies together with the guidance to
    assist their understanding of it; and
  • be signed before it comes into effect either:
    o by all the representatives of the members of the workforce or group of workers; or
    o if there are 20 workers or fewer employed by a company, either by all representatives
    of a workforce or by a majority of the workforce.

Thanks del :smiley: :smiley: :smiley:

For some reason I thought that opt out was for WTD only and not RTD - dunno why I thought that :exclamation: