What should you know?
Working Time Directive
The European Union Working Time Directive (WTD) is a set of rules that govern the amount of time that truck drivers can spend behind the wheel. The directive’s purpose is to improve road safety and protect driver health and their interests.
It was introduced in 1993 as part of the European Union’s commitment to improving working conditions and protecting workers’ rights, setting out minimum standards for paid annual leave, rest breaks, and working hours.
The legislation has been a bit controversial, since its introduction in 2003 due to increased costs for trucking companies, and drivers complaining about their job becoming more difficult. However, studies have shown that the WTD has significantly reduced the number of accidents involving trucks, and it is generally considered to be a positive step not just for road safety, but for ensuring healthier working conditions.
In this article, we will take a look at the key provisions of the WTD and what they mean for truck drivers in the EU. We will also discuss some of the changes to the directive and their implications for the industry.
What are the requirements?
There are minimum standards enforced for daily and weekly rest periods, as well as limits on the average working hours. It applies to all workers in the European Union, including drivers.
Working time and rest
Workers have to limit their average working hours to 48 hours per week (including overtime), over a reference period of up to 4 months. The employees need to receive a minimum of 11 consecutive hours of rest per day, and a minimum of 24 uninterrupted hours of rest every 7 days, over a reference period of 2 weeks.
Breaks
If your employee works more than 6 hours a day, they must be ensured a break – its duration is dependent on the collective agreements or by national law.
Annual leave
Employees have the right to at least 4 weeks of paid holidays per year. The staff cannot replace these holidays with payment unless their contract has expired before they have used up all their annual leave.
Night work
Employees who work at least 3 hours over the course of their shift, or a certain proportion of their yearly working time in a specific period of 7 hours defined by national law (which includes the hours from midnight to 5 AM), qualify as night workers.
Night workers should not work more than 8 hours in any 24-hour period. If their work involves any type of hazardous conditions or requires heavy physical strain, they should not exceed the daily limit of 8 hours per 24 hours.
Night workers are often at risk for serious medical issues due to working at night. As a result, they should be guaranteed free assessments that follow medical confidentiality laws before and after. If the night workers suffer from health problems due to their work schedule, they should be transferred to day work whenever possible.
Who does it concern?
The Working Time Directive concerns all employees who work in the transport sector. This includes drivers of buses, coaches, lorries, vans, and cars. The directive sets out minimum standards for rest periods, working hours, and annual leave.
Who does not fall under these rules?
There are a number of exceptions to the rules set out in the WTD, including for workers in certain sectors (such as healthcare and energy) and for workers who have voluntarily agreed to work longer hours.
The list includes:
- mobile workers and offshore workers
- security guards and caretakers or security firms
- services relating to the reception, treatment and/or care provided by hospitals or similar establishments including the activities of doctors in training, residential institutions and prisons;
- dock or airport workers;
- press, radio, television, cinematographic production, postal and telecommunications services, ambulance, fire and civil protection services;
- gas, water and electricity production, transmission and distribution, household refuse collection and incineration plants;
- industries in which work cannot be interrupted on technical grounds;
- research and development activities;
- agriculture;
- workers concerned with the carriage of passengers on regular urban transport services;
- where there is a foreseeable surge of activity, particularly in agriculture, tourism, postal services
- in the case of persons working in railway transport, whose activities are intermittent; who spend their working time on board trains; or whose activities are linked to transport timetables and to ensuring the continuity and regularity of traffic.
The timeline
The WTD has been in place since 2003 and was recently revised in 2019 when the Court Justice of the European Union required employers to set up a system enabling the duration of the working time to be measured. This was provoked by statistics such as the one in Spain where 53,7% of the overtime hours were not recorded.
How are the hours calculated?
The average weekly working time is calculated based on a reference period of 4 to 6 months, depending on the collective agreement. For example, the transport agreement in Denmark uses 6 months as a reference period.
The weekly working hours must not exceed 48 hours in an average calculated from the reference period (4-6 months)
The calculation is as follows:
Total number of working hours in the period / Total number of working weeks in the period = Average working hours per week
Holidays, vacation days, sicknesses, and leave are not included in the above calculation.
You cannot, therefore, reduce the average working time per week by taking holidays/holidays off/leave or reducing the weekly working hours in case of illness.
Working hours are:
- Driving
- Other work
- Unloading and loading
- Cleaning and maintenance
- Control and securing of the cargo
- Work for another employer
- Help with passenger boarding and disembarking
- Waiting time when unloading and loading, where the driver must stay in the car and be ready for work (when the waiting time is not known in advance).
Working hours are not:
- Availability time
- Breaks
- Rest time
The WTD is used in combination with the drive and rest time directive, therefore, as a driver, you need to comply with both of them. The WTD is enforced by national authorities in each EU country. If you think your employer is not complying with the WTD, you can contact your national enforcement authority.