Hi all,
Can anyone help?
Can your employer force you to reduce your daily rest to 9 hours, or is it down to driver discretion?
Many thanks
Matt
s far as iam concerned & the way i have read it i, it is up to the driver to agree/go with reduced rest…your the one who knows when your knackered
Grey area. Technically by asking you to reduce your rest your employer isn’t breaking the law so he could schedule you to start 9 hours after you finished, as long as you havn’t already taken 3 reduced rest periods in the current week. If you refused he could also take disciplinary action.
However, if you said you did not feel able to start again before you have taken the full 11 hour rest period, due to feeling tired and unsafe to drive, your employer would be leaving himself wide open should you then have an accident.
Even on the VOSA site they duck the question a bit, see HERE FAQ 26
FAQ.26) Who is responsible for reducing my daily rest? Do I have a choice?
Your employer is responsible for scheduling his employees’ work and arranging when shifts must begin and end. It is for your employer to schedule
your work so that rest periods are taken in accordance with the EC rules.
A good example of how to answer a question without answering it I think. All that seems to say is that as long as the rest requirements are being met your employer can schedule you to start your shift whenever. It doesn’t answer the second part of the question regarding choice.
matt1978:
Hi all,Can anyone help?
Can your employer force you to reduce your daily rest to 9 hours, or is it down to driver discretion?
Many thanks
Matt
Your employer can force you to reduce it yes.
Thanks chaps,
I was under the impression that I had to agree to reduce my rest, I certainly feel that 9 hours between shifts is not enough time. Especially if you dont night out or live next to your work. But rules is rules…
Cheers!!
i spoke to vosa on this and they say its down to the driver - how can your employer tell when your tired??
Thats why they are called "DRIVERS " HOURS REGULATIONS and not employers hours regulations!!
I thought the vosa guy was pretty much on the drivers side and had a chat about a few other things too!
My TM might be getting a visit soon! and not from santa!
Not sure if the same applies in the UK, but here in GERMANY
when doing day work. A rest period of 12hrs between shifts
is LAW,this is laid down by thew german HSE office,THIS
is so that traverling time,is taken into consideration,