News

The European Commission is considering a crackdown on drivers who claim to be self-employed, and thereby exempt from the European Union (EU) Working Time Directive, but who are in fact employees. In a report on the operation of the Working Time Directive, Brussels stresses that "working time rules should be applied to 'false' self-employed drivers".

It notes that many member states have failed to clearly write into their national laws the distinction between self-employed and employed  drivers, as required by the 2002 directive. The report points out that a self-employed driver is closely defined:

• He has a Community (EU) licence/professional transport authorisation
• He can work for himself
• He may co-operate with other self-employed drivers
• He has commercial relations with several customers.
• He is not tied to an employer by a contract or any other type of working hierarchical relationship
• He is free to organise his working activities
• He generates income from profits.

The EC warns that failing to adhere to this definition could cause "an artificial fragmentation within the structure of the profession". Brussels has also considered whether the self-employed exemption should be scrapped. It found not only that self-employed drivers work longer than employed road transport workers, but also that other factors contributing to fatigue, such as stress, health problems and a lack of support, are all more prevalent among  self-employed drivers.

The report continues: "A reduction in working time could undoubtedly help reduce fatigue. "However, this could lead to higher levels of stress, as the self-employed driver tries to achieve more in less time in order to maintain his profitability."