WORKING HOURS
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The MSF Union's campaign ("48 hours is for managers too", CM 13-19 May) appears to be based on a misinterpretation of the existing law.
I would be the first to admit that working time legislation— both existing and proposed— can be complicated and confusing. But I believe it is generally accepted that the exclusion from the general directive for road transport covers ALL workers in that sector—including office-based employees, from the tea lady to the managing director.
This interpretation clearly embraces all employees in a hire-or-reward operation. It is more difficult to apply it to ownaccount operators, and our advice to Freight Transport Association members has been to consider carefully which employees can be seen to form part of the transport operation.
The draft directives under consideration in the EU will change all this if adopted, by removing the transport exclusions as well as by bringing in specific rules for drivers. And, of course, since we are talking about interpretation of the law, a court might take a different view on the existing law.
Owen Thomas, Frerght Transport Association,