I work shifts in a transport office as a clerk making me a non mobile worker. I used to drive HGV’s in my last job(s) full time - 8 years ago. My shifts average out at approx 42 hrs a week.
I have been registered with a driving agency for a couple of years now working odd days/nights during my days off usually a couple of driving shifts a month. I have kept records of my hours worked on my computer at home. I have a few questions.
Am I classed as an occasional mobile worker by keeping to a maximum of 15 driving shifts in a 26 week reference period?
Am I governed by my Agencies reference period, start and finish dates, or my Company’s, to fall in line with their drivers - or can I impose my own dates?
I obviously treat my regular job hours as “other work” during those weeks that I drive and observe the daily and weekly rest periods of those weeks too. I inform my driving agency of my work as a clerk but do I need to inform my full time employers of my part time agency work as a driver if no WTD or driving regulations are being broken?
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The WTD can be opted out of and, as far as I know, is not counted for the RTD so I cannot see where you would have a problem - unless a site regs GURU can…
In any week (sunday midnight to sunday midnight) where you came under EU regs, all the ‘other work’ done in that week must be accounted for either by inputting it onto a digi or ,easier still, using a seperate analogue card for each of those days with your name, date, start & finish times on each.
Cronus:
I work shifts in a transport office as a clerk
I thought you were going to give us some info as you must have all the info to hand
I work shifts in a transport office as a clerk making me a non mobile worker. I used to drive HGV’s in my last job(s) full time - 8 years ago. My shifts average out at approx 42 hrs a week.
I have been registered with a driving agency for a couple of years now working odd days/nights during my days off usually a couple of driving shifts a month. I have kept records of my hours worked on my computer at home. I have a few questions.
Am I classed as an occasional mobile worker by keeping to a maximum of 15 driving shifts in a 26 week reference period?
Am I governed by my Agencies reference period, start and finish dates, or my Company’s, to fall in line with their drivers - or can I impose my own dates?
I obviously treat my regular job hours as “other work” during those weeks that I drive and observe the daily and weekly rest periods of those weeks too. I inform my driving agency of my work as a clerk but do I need to inform my full time employers of my part time agency work as a driver if no WTD or driving regulations are being broken?
I appeciate your feedback. Thanks.
Q1
yes you are as long as the companies operate a 26 week reference period, if the company as a 17 week reference period you would only be allowed 10 in that period.
A mobile worker would qualify for this exemption if:
they work 10 days or less within scope of the European drivers’ hours rules in a reference
period that is shorter than 26 weeks;
they work 15 days or less within scope of the European drivers’ hours rules in a reference
period that is 26 weeks or longer.
Q2
i would think you would be tied to them both so you would have to keep a recored for both firms as each firm would have a different reference period.
Q3
all work as to be told to your full time employer
2.5 Working for two or more employers or another organisation
For the purposes of the Regulations, working time is restricted to work for employers for
whom a mobile worker carries out any in-scope road transport activities (i.e. work covered by
the European drivers’ hours rules). It includes both road transport activities and any other
work for such employers (for instance when a driver also works in an employer’s warehouse).
It does not include work performed for employers who are not involved in road transport
activities (for instance bar work). However, such work would count as part of the “daily
working period” for the purposes of determining compliance with the separate European
drivers’ hours rules (i.e. bar work will impact on when you can work and how much work you
can do).
Similarly, the Regulations, do not apply to workers who work for employers who undertake
some road transport activities if the worker in question is not actually involved in such
activities. In such cases, the worker would be subject to the requirements of the 1998 Working
Time Regulations.
If an employee works for two or more employers, then the weekly working time is the
combined total of the hours worked (excluding breaks, rest and periods of availability) for all
the employers. The mobile worker must tell their employer(s) in writing, of any time worked for another employer.
A couple of driving shifts a month means you will never be anywhere near the WTD limits as they apply to mobile workers, your day job hours don’t count for the WTD, so being an occasional worker or not is irrelevant. The only WTD thing you will need to comply with will be breaks during the shifts.
Cronus:
I inform my driving agency of my work as a clerk but do I need to inform my full time employers of my part time agency work as a driver if no WTD or driving regulations are being broken?
Presumably you have opted out of the regular folks WTD so I think it would be down to your contract. Some companies insist on being informed about any work you undertake for anyone else and include that in employees contracts. The only reason you have to tell the agency about your main job is it impacts the tacho rules and is not because of the WTD. The tacho rules are not a factor in your day job so no real reason to inform them if your contract doesn’t require it. As it is a different WTD for each job the two sets of hours do not require totalling together so the requirement under WTD regs to inform all employers doesn’t apply
