I worked 6 days last week, monday to saturday, sunday off, and now this week im told to work monday to thursday have friday off then work the weekend and have monday off, is this allowed? sorry but not long left the army so tachos’s etc new to me.
Really just want to no where i stand, plus like ive said in a previous post im paid for 48hours, and in the contract it says i can work a maximum of 60hours a week but my wages will be paid as a 48hour week, even though im more or less doing 60+ every week being seriously wrong as it would be that im on 3quid an hour lol
Any help would be much appriciated as i can approach the relevant people without getting the sack as ill have a strong reason
From what i can gather no you cannot but then again i’m set in my ways of wed to sunday and never changed that routine… Since you have had 24 hours off on that monday when you next work you can only do 5 days but must have 2 days off… Do not quote me and i hate talking about hours i’m as confused as the next driver hopefully somone can confirm what i say… I’m going to dig a document off my laptop tells you all about drivers hours got some circuit dust on it but i’ll mail it to you if i find it within next 5 mins ish.
Without knowing your exact start and finish times its har to be exact and definative. But from what you have said it looks like no where are you going to manage to get a 45 hour weekly rest in. You can of course reduce your weekly rest to 24 hours if needs be and it looks like you reduced it in the first week you mention. The second week where you are proposed to just have Friday off doesn’t look like you’ll get a 45 hour break in here, and you will need one as you have reduced the week before. In any fortnight you can have either two regular weekly rests, or a regular rest and a reduced rest. That make any sense to you?
2am everyday till 12ish 3 times a week, and till 2pm ish 3 times aweek
That the info u need ?
Thanks for the posts chaps, just i need to have something under my belt when i see the boss, ill work all hours under the sun legally and if im paid for it, but as it stands im doing over what im paid for and im losing out.
When you finished work on Saturday what time did you finish? And when you started work on the Monday what time did you start? If you got 45 hours rest in there then you could do the proposed shift pattern for this week mon to thors ,off friday and work weekend. If you didn’t get 45 hours rest in then you cannot do what is proposed this week?
To put it simply your employer is making you break the law…The Working Time Directive says you can only work a maximum of 60 hours in any single week. However, you can only work an average of 48 hours a week over the reference period of 17 weeks, or if in your contract, a reference period of 26 weeks. The only way an employer can get around this is if quite a lot of the time involves you sat around, which is then counted as POA, which doesn’t count towards your working time. I’d be very carefull and monitor your hours very closely and if your employer encourages you to go over hours then report them before you get pulled for it!
Thank you mike and adam for making this so much easier on my head
When i had a word with the general manager today, as tm is away he phoned someone and tryed explaining to me that 90hour driving in 2weeks and 120 other in 2weeks, which i no sort of
what i was trying to say to him is i worked 6 last week and u have put me on basically 1 day off this week and making me work weekend making it 6 day weeks for 2weeks, he said no you havent hit ya 120hours im like well i have concidering i just told you that ive done 60+ last week and well on my way to another 60+ even though u pay me for 48hours god dam them, was better off in the army
P.s…
Also in work its basically ether 6hours driving in a day or 8, the rest is otherwork and obviously breaks
Trucker beads:
Thank you mike and adam for making this so much easier on my head
When i had a word with the general manager today, as tm is away he phoned someone and tryed explaining to me that 90hour driving in 2weeks and 120 other in 2weeks, which i no sort of
what i was trying to say to him is i worked 6 last week and u have put me on basically 1 day off this week and making me work weekend making it 6 day weeks for 2weeks, he said no you havent hit ya 120hours im like well i have concidering i just told you that ive done 60+ last week and well on my way to another 60+ even though u pay me for 48hours god dam them, was better off in the army
Tell you the best thing to do…
click on the link a few posts up, download it, print it off, read it several times and then show your boss’s…you’ll be surprised how much they don’t know!
Tell them that if they’re not going to pay you for 60 hours, then you won’t work 60 hours! If they sack you for it then take them to court for unfair dismissal as this would be classed as forcing you to work overtime, which is illegal for any employer to do. And in such a case you’d win, and they’d have to pay ALL costs, so you won’t lose out! Taking them to court is of course an extreme measure, but at least you know the option is there.
Ok adam will do that, lets hope it dont come to that.
Also reading through my contract it says 48hours, and that no overtime will be paid, and that as an employer we can work a maximum of 60hour weeks, surely that doesnt mean i can work them 12 hours for free?
Trucker beads:
Ok adam will do that, lets hope it dont come to that.
Also reading through my contract it says 48hours, and that no overtime will be paid, and that as an employer we can work a maximum of 60hour weeks, surely that doesnt mean i can work them 12 hours for free?
Your contract means either one of two things…
Your contracted hours are 48hours a week and therefore you’ll only be paid for 48. However, you can “opt out” as it was known in the old days and work 60 hours in a week. This is optional on your behalf and you should still get paid for it unless you’ve agreed in writing to do it for free…which I doubt you have.
The opt out was changed for HGV drivers a good few years ago, so you can work 60hours in one week…but you must only average 48 hours over 17 weeks.
or…
This is the most likely…Unfortunately, most employees are naive and don’t know the law, and therefore most companies will take the p***
If your contract says that no overtime will be paid, then you don’t have to work overtime. If your employer says that you have to work overtime, then as I said earlier, it’s illegal to force you to work overtime…Its your choice if you work overtime, not theirs!
I had the same problem with another company (not driving) and they tried sacking me for gross misconduct when i walked out, I almost took them to court but in the end I left before being sacked. If you want, send me a PM and ill give you my phone number so you can call me up.
But as a brief summary, If you’re only contracted to work 48 hours, then thats all you should work unless they pay up!
Hi again, ill read to you from my contract word for word what it says regarding this…
You may be required to work up to a maximum of a 48hour working week, averaged out over the periord of months used to calculate the working time regulations this is expected to result in you being required to normally work on a 5day week shift system with you taking 2 days off during the week.
Then it goes on to say …
You may also be required by [ Company name ] to work in excess of a 48 hour working week in any particular week, by up to the maximum 60hours limit, so long as the total amount of hours worked does not exceed the maxumum period laid out in the working time regulations this may mean that you are asked up to 6 days a week on certain weeks but that you will be able to claw back any time you work over the 48hours as additional time off within the calculating period …
Now this makes no sence to me coming from army life to this crap is bizare im afraid so its bareing with me sorry…
No overtime will be paid to you and this forms part of your contract of employment. Drivers who normally averange a 40hour week, may be eligible to be migrated for a certain period of the year to the higher 48 hour working week banding structure, but { company name } may also bring their pay band down, once their average hours fall to or below the standard 40 hour working week band.
Trucker beads:
Hi again, ill read to you from my contract word for word what it says regarding this…
You may be required to work up to a maximum of a 48hour working week, averaged out over the periord of months used to calculate the working time regulations this is expected to result in you being required to normally work on a 5day week shift system with you taking 2 days off during the week.
Then it goes on to say …
You may also be required by [ Company name ] to work in excess of a 48 hour working week in any particular week, by up to the maximum 60hours limit, so long as the total amount of hours worked does not exceed the maxumum period laid out in the working time regulations this may mean that you are asked up to 6 days a week on certain weeks but that you will be able to claw back any time you work over the 48hours as additional time off within the calculating period …
Now this makes no sence to me coming from army life to this crap is bizare im afraid so its bareing with me sorry…
No overtime will be paid to you and this forms part of your contract of employment. Drivers who normally averange a 40hour week, may be eligible to be migrated for a certain period of the year to the higher 48 hour working week banding structure, but { company name } may also bring their pay band down, once their average hours fall to or below the standard 40 hour working week band.
In short it means if you are consistently working 6o hours, sooner or later you will have to be working a lot less than 48 hours in a week in order to ‘average’ 48 hours a week. So you may well be working a lot less for the same salary in the near future .
Trucker beads:
2pm saturday finesh, started 3am monday
OK i make that a 37 hour rest, so its a reduced rest. Your next weekly rest needs to be 45 hours, en bloc / in one go.
Hmmm… a question -
If he is having another reduced weekly rest on Friday and that is at least 24 + 8 = 32, does that mean he has now reset the clock as far as weekly rest is concerned
or would it make no difference as the next reduced weekly rest is started on the Monday
Trucker beads:
2pm saturday finesh, started 3am monday
OK i make that a 37 hour rest, so its a reduced rest. Your next weekly rest needs to be 45 hours, en bloc / in one go.
Hmmm… a question -
If he is having another reduced weekly rest on Friday
In any fortnight you need to have either two regular weekly rest periods or a regular weely rest period and a reduced one. If he’s reduced one he can’t do it again. He now needs a regular weekly rest period of at least 45 hours.
ROG:
and that is at least 24 + 8 = 32, does that mean he has now reset the clock as far as weekly rest is concerned
or would it make no difference as the next reduced weekly rest is started on the Monday
I’m probably just having a SENIOR MOMENT… again
24 + 8 = 32 is indeed correct but has nothing at all to do with anything !!
but sadly ive got a fight on my hands to get this weekend i think driver crashed his lorry to day due to sleeping at the wheel wonder why time for me to pop smoke and move on me thinks
as ill have a strong reason 
time for me to pop smoke and move on me thinks 