MK Personnel Solutions Road Transport (working Time) Regulations Workforce Agreement
|“The Employment Business”||Means MK Personnel Solutions Limited (Registered Company Number 0326899) whose Registered Office address is at The Old Exchange, 12 Compton Road, Wimbledon, London SW19 7QD and any of the Employment Business’s operating locations;|
|“The Mobile Worker”||Means the temporary workers engaged on contracts for services by the Employment Business who are mobile workers;|
|“The Particular Group”||Means the group of temporary workers engaged as self-employed workers on contracts for services by the Employment Business who are mobile workers, as distinct from other temporary workers currently engaged who are non-mobile workers;|
|“The Representatives”||Means the duly elected representative of The Particular Group;|
|“The Regulations”||Means the Road Transport (Working Time) (Amendment) Regulations 2012;
1. Scope of Agreement
This Agreement is made pursuant to Regulation 9(2) and Regulation 4(4) of the Regulations, which permits the extension of night working limits and reference period through the means of a Workforce Agreement between the Workforce and the Employment Business. This Agreement will be signed by each individual member of the Workforce.
2. Term of the Agreement
This Agreement shall remain in force for a period of 5 years from date of signature.
3. Operative Provision
3.1 The parties acknowledge and agree that for reasons concerning the organisation of work, namely greater work flexibility, they wish to extend the night working limits and reference period in line with Clause 3.2. and 3.3 below. The parties believe it is in the benefit and interests of both the Employment Business and the Mobile Worker to amend such provisions as set out herein below.
3.2 Night Work Limit: The Mobile Worker within the Workforce will work beyond the 10 hour night work limit stated in the Regulations but only to the extent where this would not be in breach of other provisions of the Regulation or EU Driver’s Hours Regulations 3820/85.
3.3 Reference Period:
3.3.1. For the purpose of calculation of the 48 hour average the first reference period shall run from the first week in January of each year and will be calculated over successive 26 week periods (i.e. the reference periods that will apply are 1st January to 30th June and 1st July to 31st December each year); and
3.3.2. The first day of the successive 26 week reference period will be calculated from a Monday to a Sunday.
3.4 This pattern of fixed calendar reference periods will continue until this Agreement is terminated.
3.5 The remainder of the Regulations excluding Regulation 9(2) and Regulation 4(4) remain in force.
4. Avoidance of Doubt
For the avoidance of doubt, the parties acknowledge and agree that, save as specifically set out above, the provisions of the Regulations shall be of full force and effect. In order to adopt the flexibility of the Road Transport (Working Time) (Amendment) Regulations 2012 (“The Regulations”), a Workforce Agreement may be agreed between the Mobile Workers and the Employment Business, whereby the Employment Business may make use of the flexibility contained within the Regulations. The Employment Business has agreed a Workforce Agreement with its Mobile Workers as detailed above. Below is an explanation as to the flexibility adopted by the Employment Business and its Mobile Workers:
5.1 Average Working Limit:
A Mobile Worker subject to “Tachograph Rules” is limited to a Working Time average of 48 hours over a 17 week reference period. Regulation 4(4) permits First Call Contract Services Limited to increase the Reference Period to 26 weeks and use a fixed Reference Period.
5.2 Night-time Working:
A Mobile Worker subject to “Tachograph Rules” is limited to a Working Time of 10 hours in any 24 hour period, if the working hours fall between 0000 and 0400. Regulation 9(2) permits MK Personnel Solutions Limited to extend the night working beyond the 10 hours limit. However, the total number of hours night work performed safely is effectively restricted by the operation of the EU Driver’s Hours Rules.
NOTE FOR NEWLY JOINED TEMPORARY WORKERS
You may wish to adopt the terms of the Workforce Agreement in order to make use of the flexibility of the Regulations, which will benefit both you and First Call Contract Services Limited. The terms of the Workforce Agreement form an amendment to the Terms of Engagement you have signed.