Tag Archives: Organisation of work

Organisation of working time in respect of road transport activities

Organisation of working time in respect of road transport activities

Outline of the Community (European Union) legislation about Organisation of working time in respect of road transport activities

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Road transport

Organisation of working time in respect of road transport activities

Document or Iniciative

Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of working time of persons performing mobile road transport activities.

Summary

The basic directive concerning certain aspects of the organisation of working time provides for the replacement of its general provisions with more specific requirements. This is the case for transport. For this particular sector, Regulation (EC) No 561/2006 lays down the maximum daily driving time and the minimum duration of the rest periods.

The Directive supplements the provisions of Regulation (EC) No 561/2006. Consequently, the provisions of this Regulation in regard to breaks, rest periods and driving periods continue to apply to the self-employed drivers * and to the mobile workers * concerned.

The Directive applies to all mobile workers performing road transport activities employed by undertakings established in a Member State as well as to self-employed drivers (from 23 March 2009). The provisions of this sectoral directive take precedence over the relevant provisions of the basic directive on the organisation of working time because it contains more specific provisions as regards workers.

The Directive establishes:

  • that the average weekly working time may not exceed 48 hours. It can be extended to 60 hours only if an average of 48 hours per week is not exceeded within a period of four months. For mobile workers, working time * is the sum of the working hours spent working for different employers. The mobile worker must inform the employer concerned in writing of working time performed for another employer;
  • an obligation to take a break after six hours of work in addition to the provisions on breaks in Regulation (EC) No 561/2006;
  • that daily working time may not exceed 10 hours for each period of 24 hours for night workers *;
  • that records are kept of the workers’ working time. Member States must take the measures necessary to ensure that the employer posts or displays in a place accessible to all workers a copy of this Directive and of the corresponding domestic law. The employer is required to record the working time of mobile workers and to keep these records for at least one year.

It is for the Member States to decide upon the penalties for infringement. These penalties must be effective, commensurate with the infringement and constitute a sufficient deterrent.

Every two years Member States must report to the Commission on the implementation of this directive indicating the viewpoints of the social partners. The Commission must produce a report every two years on the implementation of this Directive by Member States, which is then forwarded to the Council, the European Parliament and the Economic and Social Committee.

Background

On 15 July 1997 the Commission adopted a White Paper on sectors and activities excluded from the 1993 working time directive in which it proposed several approaches designed to protect the health and safety of workers in the sectors excluded from the basic Directive.

Following consultations with the social partners, the Commission concluded, in its Communication of 31 March 1998 that nothing justified treating “mobile” workers and “non-mobile workers” in a different way and that therefore the basic principles of the working time directive should apply to all workers.

Subsequently, the social partners tried unsuccessfully to negotiate an agreement concerning mobile workers in road transport activities. The Commission therefore presented a Proposal for a Directive laying down a number of more specific requirements relating to working time for road transport.

Key terms used in the act
  • Working time:
    • mobile workers: the time devoted to all road transport activities, (driving, loading and unloading, assisting passengers boarding and disembarking from the vehicle, cleaning and technical maintenance, and work intended to ensure the safety of the vehicle, its cargo and passengers or to fulfil the legal or regulatory obligations directly linked to the specific transport operation under way). Also included are the times during which he cannot dispose freely of his time and is required to be at his workstation, ready to take up normal work.
    • self-employed drivers: the time from the beginning to the end of work, during which the self employed driver is at his workstation, at the disposal of the client and exercising his functions or activities other than general administrative work that is not directly linked to the specific transport operation under way.
  • Mobile workers: any worker forming part of the travelling staff, including trainees and apprentices, who is in the service of an undertaking which operates transport services for passengers or goods by road for hire or reward or on its own account;
  • Self-employed driver: anyone whose main occupation is to transport passengers or goods by road for hire or reward under cover of a Community licence or any other professional authorisation to carry out the aforementioned transport; who is entitled to work for himself and who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, who is free to organise the relevant working activities, whose income depends directly on the profits made and who has the freedom to, individually or through a cooperation between self-employed drivers, have commercial relations with several customers.
  • Night time: a period of at least four hours, as defined by national law, between 00.00 hours and 07.00 hours.
  • Night work: any work performed during night time.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2002/15/EC [adoption: codecision COD/1998/319]

23.3.2002

23.3.2005

OJ L 80 of 23.3.2002

Related Acts

Proposal for a Directive of the European Parliament and of the Council of 15 October 2008 amending Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities [

COM(2008) 650

– Not published in the Official Journal].
The Proposal should amend Directive 2002/15/EC in order to clarify its scope and redefine some of its provisions.

The Proposal provides for the exclusion of the self-employed from the scope of the Directive, but also specifically aims to cover false self-employed drivers. From now on, ‘mobile worker’ shall also include any person who is not tied to an employer by an employment contract or by a hierarchical relationship, but:

  • who does not have the freedom to organise their working activities;
  • whose income does not depend directly on the profits made;
  • who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers.

In addition, the Proposal redefines night work, which should correspond to a period of work which includes at least two hours work performed during night time.

Member States should enhance cooperation with regard to enforcement of working time. In this context, they should also improve the exchange of information between national administrative authorities and promote dialogue with representatives from the transport sector.

Report from the Commission on the implementation in 2005-2006 of Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities (1st Report from the Commission on the implementation of the working time rules relating to road transport) [COM(2009) 415 final – Not published in the Official Journal].
The Report notes delays in transposing Directive 2002/15/EC on the part of most Member States. Data collected by the Member States will allow the impact of the Directive on compliance with social legislation to be assessed.

Report from Commission – Analysing the penalties for serious infringements against the social rules in road transport, as provided for in the legislation of Member States [COM(2009) 225 final – Not published in the Official Journal].
Most Member States have established penalties for infringements of Directive 2002/15. Penalties differ from State to State. They are however of several types:

  • fixed fines or day fines;
  • immobilisation of the vehicle;
  • criminal penalties in cases of repeated or recurrent infringements (withdrawal of a driving licence, imprisonment);
  • penalties for undertakings, including in cases of infringements committed on the territory of another Member State or third country.

In application of the principle of extra-territoriality, penalties for infringement may be imposed by the competent authorities of a Member State, even where the infringement has been committed on the territory of another Member Sate or of a third country. The penalty to be applied is that of the Member State which initiates proceedings.

Organisation of working time of mobile workers in civil aviation

Organisation of working time of mobile workers in civil aviation

Outline of the Community (European Union) legislation about Organisation of working time of mobile workers in civil aviation

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Social dialogue and employee participation

Organisation of working time of mobile workers in civil aviation

Document or Iniciative

Council Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers’ Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA).

Summary

The transport sector was excluded from the Directive concerning certain aspects of the organisation of working time (first Directive dating from 1993) but included in the scope of Directive 2000/34/EC. These two texts were codified by Directive 2003/88/EC.

This new basic Directive therefore includes mobile staff in civil aviation in its scope. However, the general provisions of the basic Directive do not apply to occupations for which ‘more specific requirements’ are adopted at Community level, which is the case here with mobile staff in civil aviation.

On 22 March 2000 the employee and employer organisations in this sector signed a European Agreement on the Organisation of Working Time* of Mobile Staff in Civil Aviation*. This Agreement is annexed to the present Directive and is an integral part of it.

The Council Directive provides for:

  • at least four weeks’ paid annual leave and specific health and safety measures appropriate to the nature of the work. This leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated;
  • a free health assessment before employees are assigned and thereafter at regular intervals, subject to medical confidentiality requirements;
  • an obligation on the employer to adapt the pace of the work to the worker and to inform the competent authorities of this if required;
  • health and safety protection appropriate to the nature of the work, including appropriate services and means of prevention and protection;
  • a maximum annual working time of 2000 hours, with the total flight time* limited to 900 hours, spread as evenly as practicable throughout the year;
  • a certain number of days free of all service (7 days per months and at least 96 days per year).

The Agreement thus defines minimum standards, on the basis of which Member States may adopt more favourable provisions. The implementation of the text must not reduce the general standard of protection for workers in the fields it covers.

On the basis of the 1998 Communication entitled “Adapting and promoting the social dialogue at Community level”, the Commission evaluated the text of the Agreement according to the following points:

  • representativeness and mandate of the contracting parties: the five contracting organisations operate at European level, are represented in all the Member States and cover a large majority of mobile staff in civil aviation;
  • respect for the provisions protecting small and medium-sized enterprises (SMEs): Article 137 of the Treaty on European Union provides that social legislation must avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. The Commission takes the view that the Agreement, which was signed by an employer organisation representing SMEs, complies with this provision;
  • compatibility of the Agreement with Community law: the Commission is in favour of the objectives of the Agreement, which is in line with the Commission’s social agenda. The Agreement also confirms the vital role of the European social partners.

Key terms used in the act

  • Working time: any period during which the worker is at work, at the employer’s disposal and carrying out his activity or duties, in accordance with national laws and/or practice,
  • Mobile staff in civil aviation: crew members on board a civil aircraft, employed by an undertaking established in a Member State,
  • Block flying time: the time between an aircraft first moving from its parking place for the purpose of taking off until it comes to rest on the designated parking position and until all engines are stopped.

References

Act

Entry into force

Deadline for transposition in the Member States

Official Journal

Directive 2000/79/EC [adoption: consultation CNS/2000/0164]

1.12.2000

1.12.2003

OJ L 302 of 1.12.2000

Towards common principles of flexicurity

Towards common principles of flexicurity

Outline of the Community (European Union) legislation about Towards common principles of flexicurity

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Social protection

Towards common principles of flexicurity

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 27 June 2007, entitled ‘Towards Common Principles of Flexicurity: More and better jobs through flexibility and security’ [COM(2007) 359 final – Not published in the Official Journal].

Summary

The Commission presents a set of guidelines as a framework for the Member States’ flexicurity strategies.

The principles of flexicurity contribute to the modernisation of the European social models.

Concept of flexicurity

To be effective, labour market modernisation strategies must take into account the needs of employees and employers alike. The concept of flexicurity is therefore a global approach which favours:

  • flexibility of employees, who must be able to adapt to labour market developments and achieve their professional transitions. Similarly, this approach must improve the flexibility of enterprises and work organisation in order to meet the needs of employers and to improve the balance between work and family life;
  • security for employees, who must be able to progress in their professional careers, develop their skills and be supported by social security systems when they are not working.

Flexicurity strategies aim to reduce unemployment and poverty rates in the European Union (EU). In particular, they help to facilitate the integration of the most underprivileged groups on the labour market (such as the young, women, older workers and the long-term unemployed).

Flexicurity strategies

The national strategies are to be put in place on the basis of four mutually reinforcing principles:

  • flexible and reliable work contracts, in accordance with labour laws, collective agreements and modern work organisation principles;
  • the introduction of lifelong learning strategies, to support the continual adaptability of employees, particularly the most vulnerable in the labour market;
  • effective active labour market policies (ALMP) to help employees find employment again after a period out of work;
  • the modernisation of social security systems, to provide financial support which encourages employment and facilitates labour market mobility.

The social partners must participate actively in the introduction of flexicurity strategies to guarantee the proper application of these principles.

Common principles at European level

Member States adapt their flexicurity strategies according to the specific features of their labour market. However, the Commission recommends that they follow a set of principles:

  • broadening the introduction of the Lisbon Strategy to improve employment and social cohesion within the EU;
  • striking a balance between the rights and responsibilities of employers, employees, persons seeking employment and public authorities;
  • adapting the principle of flexicurity to the circumstances of each Member State;
  • supporting and protecting employees when they are not in work or during a period of transition, to integrate them into the labour market or to coach them towards stable work contracts;
  • developing flexicurity within the enterprise as well as external flexicurity between enterprises, in order to support career development;
  • promoting gender equality and equal opportunities for all;
  • encouraging co-operation between the social partners, the authorities and other stakeholders;
  • a fair distribution of the budgetary costs and the benefits of flexicurity policies, especially between businesses, individuals and public budgets, with particular attention to SMEs.

European financing can make a significant contribution to the financing of flexicurity strategies. The structural funds support in-house training, lifelong learning and the promotion of an enterprise culture in particular.