Transcript Slide 1
EMPLOYMENT IN TRANSPORT SECTOR IN TIMES OF
CRISIS AND RESTRUCTURING
Maja Knafelc, Legal Adviser at ZDS
WHAT CHANGES HAVE OCCURRED DUE TO ECONOMIC
CRISIS?
In accordance with the data of the Employment Office an almost
30% decrease in the demand for workers in storage and transport
sector has been recorded.
Consequently, the demand for employment of foreign workers has
also decreased – highly complex procedure of employment of aliens
no longer needed.
In terms of employment law, the challenges have not changed –
what has changed is the economic context of the employment
relations system in the sector.
Focus on more flexible forms of employment like in all sectors
and in all EU Member States.
CONCLUSION OF AN EMPLOYMENT CONTRACT
Regulating labour relations is particularly complex in transport
sector.
The challenge primarily lies in a large number of complex working
time regulations, supplementary to the “general” labour law.
The general labour law is complex – a two week activity required
to employ a worker.
Can a business deal/an order wait two weeks?
EMPLOYMENT CONTRACT AND ITS SPECIFIC FEATURES IN THE
SECTOR
An employment contract creates an employment relationship.
What is an employment relationship? Are its criteria really totally
clear?
The content of an employment relationship is not totally clear as
suggested by the inspectorate’s opinion.
The Employment Relationship Act stipulates the mandatory
components of the employment contract.
In terms of the nature of work in transport sector two components
of the employment contract are particularly important: the system of
working time and the place of work.
The working time system is particularly complex – Act on Working Time
and Compulsory Rest Periods of Persons Performing Mobile Road
Transport Activities, and on Recording Equipment (Tachographs) in Road
Transport.
FIXED-TERM EMPLOYMENT CONTRACT
The Employment relationship Act stipulates as many as 13 cases
in which it is possible to sign a fixed-term employment contract.
If these cases are read really carefully we see that their careful
use is necessary.
If their interpretation is too flexible, this may very quickly be
harmful to the employer – a sanction of transformation into an
indefinite duration employment contract and administrative penalty
for an infringement (not only a symbolic one!).
A fixed-term employment contract is an exception – exceptions are
interpreted restrictively!
REMUNERATION FOR WORK AND REIMBURSEMENT OF
EXPENSES RELATED TO WORK
Currently, no applicable signed collective agreement exists in the
road freight transport sector.
The acts are used directly (Employment Relationship Act,
Minimum Wage Act, …).
The Act only stipulates the type of remunerations rather than their
level (how much?).
An exception to what has been indicated: a minimum wage and a
minimum holiday bonus.
Certain remunerations are not regulated/determined.
Contractual arrangement or arrangement at the employer’s level is
needed – here applies the principle of contractual freedom.
PLACE OF WORK
Determining the place of work is a mandatory component of
any employment contract.
Act on Working Time and Compulsory Rest Periods of Persons
Performing Mobile Road Transport Activities, and on Recording
Equipment (Tachographs) in Road Transport stipulates the notion of
a place of work, yet this is not sufficient in the light of the
Employment Relationship Act.
Certain rights/remunerations arising from the labour legislation are
bound to the contractually determined place of work.
WORKING TIME AND SPECIFIC FEATURES FOR MOBILE
WORKERS
The aspect of working time also includes an aspect of health and
safety at work in the labour law.
In road transport activity the notion of pursued safety is even more
important - safety of all road users is additionally ensured through
working time limitation.
A different definition and concept of working time
Working time cannot be regulated differently regarding: annual
leave and other paid or unpaid time off, whereby the Employment
Relationship Act stipulates the minimum rights.
ANNUAL LEAVE
Currently, no applicable collective agreement is available for the sector.
The Employment Relationship Act directly applies when calculating the
annual leave entitlement.
Four weeks as a basis – additional days for circumstances on the side of
the worker in accordance with the Employment Relationship Act (disability,
bodily harm, age, parenthood, underage, night work…).
The annual leave entitlement according to the Employment Relationship
Act is the minimum that can always be upgraded.
The annual leave entitlement is calculated every year by taking into
account the relevant circumstances – workers are to be notified in writing of
their annual leave entitlements.
Trend: Compensations for unused annual leave.
CONCLUSION
The economic downturn has changed the circumstances under
which transport operators are currently doing business.
All challenges cannot be attributed to the crisis – the challenges
will also exist in the post-crisis period and therefore they should be
addressed seriously.
No major novelties in labour law.
Employers are limited in adjusting to change – the State has the
main role in changing the legislative frameworks.
The RITS Manual to facilitate the understanding of the complex
regulations.
Project »RITS- Restructuring and Industrial Relations in the Transport sector is financially
supported by European Commission.