New agency laws.....?

mac12:
i have been working for sainsburys for 2 years though agency and they will not take you because they have to pay the agency.

the guys i work for work on the basis of anything less than 32 wks is gonna cost but dont think theres been any one go on the books with any one offically lately

being farmers most would offer less money than we are on at the mo any way

sawb minimum is £6.51 and as a rule were on £7.75

mac12:
i have been working for sainsburys for 2 years though agency and they will not take you because they have to pay the agency.

What depot do you work for?

The thing that I find strange is the Basingstoke depot easily use 40+ drivers a day, so it’s not like the work isn’t there! But when I speak to drivers they all say agency is cheaper for them because they don’t have to pay NI…but doesn’t NI just come out of a drivers wages anyway??

i work out of sherburn,but it’s been abit quite for last couple of weeks

but doesn’t NI just come out of a drivers wages anyway??

Only the drivers own contribution

As its already been said on this post, some people could be worse off. An agency driver on our company can earn more than the companies drivers. I know of an agency driver who earns double on a sunday, treble on a christmas or bank holiday, whereas we only get normal pay because we are on salary. We dont get special privelages on bank holidays if its within our shift pattern, and a casual driver is on £120 a day, which equals our own daily rate of pay before tax, over a five day week, so for example our basic wage is £600, and our shift pattern is 5.6.6.5. so twice a month we work a saturday or a sunday for nothing…the plus side is getting every other weekend off. is this fair !

Truck boy no its not fair it is 2011 now and five days a week is enough, I do think drive hours will be cut and the POA part of the WTD will start to count as work as it rightly should.They have had us on the cheep for to long time for CHANGE!!!

my agency has started to give out new 12 week contracts so that we never get the same working conditions as reguler staff

mac12:
my agency has started to give out new 12 week contracts so that we never get the same working conditions as reguler staff

And this is why I’m looking at leaving haulage if I can’t get a full time job by the summer…I’ve had enough ■■■■ with agencies and I’m better than that. But whilst people don’t have the balls to move on, agencies will always be in business to screw drivers over!

Adam_Mc:

mac12:
my agency has started to give out new 12 week contracts so that we never get the same working conditions as reguler staff

And this is why I’m looking at leaving haulage if I can’t get a full time job by the summer…I’ve had enough [zb] with agencies and I’m better than that. But whilst people don’t have the balls to move on, agencies will always be in business to screw drivers over!

Yes but agencies are not just for drivers, as far as I can see no matter what job or trade you go into agencies are there ruining the bloody job for everyone except themselves :imp:

tachograph:
Yes but agencies are not just for drivers, as far as I can see no matter what job or trade you go into agencies are there ruining the bloody job for everyone except themselves :imp:

I’m an engineer, a machinist to be precise. 90% of jobs are through agencies and many just last a few months. Several times I’ve been promised a full time job and been given my P45 after 3-5 months, they’re full of crap. These days I do what’s good for me and if that means letting an agency down to go work for better money somewhere else then I don’t think twice.

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yup,its about time all drivers got a good wage with a proper job,like i said in another page,after nearly two yrs working for an agent from milton keynes on a dutch contract they pulled the plug just over a week ago,said dutch owed them money,now still owing me part of my wages and put me out of work in 1 of the worst months of the year and i thought try and show abit of loyalty :angry: never again,after 32 yrs on the road i have had it,they all say need experienced drivers,thats crap :angry: ive worked and lived in europe and thinking of going back,driver treatment in the uk hasnt improved only the trucks have :frowning:

Wouldn’t clients not wise up to this? They may consider not recruiting a specific driver if their 12 week period approaches for a period of time? Once the cycle has been broken, does it then start again? Maybe this new legislation may harm an agency driver as it could mean loss of work in order to break the cycle.

The government has confirmed that the EU Directive ‘Agency Worker Regulations 2010’ will come into force in the UK in October 2011. The directive sets out to provide equal treatment for temporary agency workers in relation to basic working and employment conditions, access to permanent employment and amenities and to improve access to training.

The key points for the road transport industry when the directive comes into effect later this year are that agency workers will be entitled to only the same basic terms and conditions as those directly employed by the user employer. There will be a 12-week qualifying period before this entitlement comes into effect.

In terms of the changes to basic terms and conditions, the new regulations will include:

  • basic salary

  • contractual leave that exceeds statutory leave

  • over-time payments

  • unsociable hours premium

  • restrictions on night work

  • rest breaks

  • personal performance bonus (such as piecework, but not company profit sharing or share ownership scheme).

The regulations will not include:

  • contractual sick pay scheme

  • contractual notice or redundancy pay

  • occupational pension contributions

  • contractual maternity/paternity/parental leave in excess of statutory entitlement.

Guidance from the government and trade associations will be made available over the next year to assist employers in complying with their obligations.

Don’t see how this will work in a practical way to be honest, i reckon the agencies and companies will engineer a way to shaft the driver.

merc0447:
Don’t see how this will work in a practical way to be honest, i reckon the agencies and companies will engineer a way to shaft the driver.

They already have found a way…simply make sure you don’t work at the same place for more than 11 weeks at a time :unamused:

These laws are all good and well on paper but will never work in reality…
For example they don’t apply for me.

I get my driving work through and agency but:

I own a limited company and drive through my books, I also sell truckers accessories etc. and rent my (mobile shop) trailer out.
This means that although I am a agency driver really I am classed as subcontractor.

The agency puts me in a depot, I work and keep my hours then every Sunday or Monday I make up an invoice for these hours and they pay it.
I (my company) then pays my wage, taxes, NI, holiday, pension etc…

I am employed by my company and not by the agency all they do is pay my invoice.

So all these laws are irrelevant to me even though I drive 4 days a week through an agency.
More agency’s are now adapting the Ltd. drivers structure and or umbrella (nova etc.) self employed structure to avoid these kind of rules.

It suits me this way because I have my other bit’s of turnover and income through the company so I need the flexibility of working when I want, but yes you do take a risk of not having work.

What you take home more on the average week you need to get through Jan-Feb really as there is little work available then (unless if u want the cr@ppy jobs) so you need to save up to continue to pay your own wage…

TobyJug-LC:
These laws are all good and well on paper but will never work in reality…
For example they don’t apply for me.

I get my driving work through and agency but:

I own a limited company and drive through my books, I also sell truckers accessories etc. and rent my (mobile shop) trailer out.
This means that although I am a agency driver really I am classed as subcontractor.

The agency puts me in a depot, I work and keep my hours then every Sunday or Monday I make up an invoice for these hours and they pay it.
I (my company) then pays my wage, taxes, NI, holiday, pension etc…

I am employed by my company and not by the agency all they do is pay my invoice.

So all these laws are irrelevant to me even though I drive 4 days a week through an agency.
More agency’s are now adapting the Ltd. drivers structure and or umbrella (nova etc.) self employed structure to avoid these kind of rules.

It suits me this way because I have my other bit’s of turnover and income through the company so I need the flexibility of working when I want, but yes you do take a risk of not having work.

What you take home more on the average week you need to get through Jan-Feb really as there is little work available then (unless if u want the cr@ppy jobs) so you need to save up to continue to pay your own wage…

Yeah but lets face it, if agencies made every driver do the same thing as you then they’d all collapse…I certainly wouldn’t go down the self employed route and I doubt many other people would for that matter…With the agency I’m with I only know a few self employed guys, the rest have said they looked into it but then realised how much was involved and couldn’t be bothered with it all after working a 60 hour week.

Adam_Mc:
Yeah but lets face it, if agencies made every driver do the same thing as you then they’d all collapse…

Why? It is cheaper, less administration, no HRMC money to keep to the side and pay etc…
It works out better for an agency… They make more money putting me to work than a “normal” agency driver and they have less paperwork.

Adam_Mc:
I certainly wouldn’t go down the self employed route and I doubt many other people would for that matter…With the agency I’m with I only know a few self employed guys, the rest have said they looked into it but then realised how much was involved and couldn’t be bothered with it all after working a 60 hour week.

I do see your point it’s not all roses and sunshine and yes there is extra work involved but hey that is the choice I have made and it suits me…

TobyJug-LC:

Adam_Mc:
Yeah but lets face it, if agencies made every driver do the same thing as you then they’d all collapse…

Why? It is cheaper, less administration, no HRMC money to keep to the side and pay etc…
It works out better for an agency… They make more money putting me to work than a “normal” agency driver and they have less paperwork.

Adam_Mc:
I certainly wouldn’t go down the self employed route and I doubt many other people would for that matter…With the agency I’m with I only know a few self employed guys, the rest have said they looked into it but then realised how much was involved and couldn’t be bothered with it all after working a 60 hour week.

I do see your point it’s not all roses and sunshine and yes there is extra work involved but hey that is the choice I have made and it suits me…

I know its easier from an agency point of view…but if agencies told all their drivers they had to go self employed I reckon only a handfull of drivers would do that…I reckon the vast majority would have the attitude “why bother going through all this extra hassle for the same money and possibly less work?”…and with that I think many drivers would just leave agencies and driving, therefore agencies would have hardly any drivers on their books…I reckon it’d lead to one of two situations…agency drivers become highly sought after seeing as there won’t be many and therefore rates will go up and agency drivers will get really good money…or agencies would collapse and go out of business and companies might start employing people properly as agencies prove to be useless…who knows!

Adam_Mc:
… “why bother going through all this extra hassle for the same money and possibly less work?”…

I get paid at least £1 an hour more than PAYE (some jobs £3 p/h more)

And i pay a lot less tax (thanks to a good accountant)

true no holiday pay as such, but last year i turned over £29k and payed £2K tax
and i averaged 44 hours a week.