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European Parliament - Rules on working time must apply to self-employed, confirm MEPs
Self-employed bus and lorry drivers must be brought under the same rules on working hours as drivers who work for companies, decided the European Parliament on Wednesday, confirming a previous vote by the Employment and Social Affairs Committee.
A majority of MEPs voted today to reject the Commission's proposal that self-employed drivers continue to be exempted from the 2002 Working Time Directive on the road transport industry.
With 368 votes in favour, 301 against and 8 abstentions, Parliament's plenary confirmed the Employment Committee's vote of 28 April against any further exemption. The committee had cited health and safety and road safety concerns plus the need for fair competition in the industry. After the Commission told the House it "would study the different options, including withdrawal of the proposal", Parliament confirmed its position with a further vote on a legislative resolution, which was adopted by 383 votes to 263 with 23 abstentions.
MEPs who took the other side of the argument included Edit Bauer (EPP, SK), who drafted Parliament's report, and a majority of the EPP, ALDE and ECR Members. They supported the Commission's approach, which is to focus on the problem of 'false' self-employed drivers (those who are not really free to work for more than one client) rather than bringing genuine self-employed drivers within the legislation. They argued that "the self-employed are already covered by the regulation 561/2006 on driving time" and that "self-employed entrepreneurs are not as yet subject to working time restrictions in any other sectors".
Background
Self-employed drivers were temporarily exempted from the rules of the existing EU directive on drivers' working hours but were due to come under those rules by 23 March 2009 unless the European Commission proposed legislation to the contrary. The Commission did just that in October 2008, seeking to exempt them permanently. Parliament has now rejected the Commission's proposal.
Self-employed drivers will also remain subject to the same rules as employed drivers on loading and unloading, assistance to passengers, cleaning and maintenance, and police and customs formalities. Current EU law on employed drivers lays down an average limit of 48 hours a week, which can rise to 60 hours a week provided it does not exceed the average of 48 hours a week over a four-month period.
Next steps
With the rejection of the Commission's proposal, the Directive 2002/15/CE remains into force. This Directive foresees the inclusion of self-employed in the legislation from 23 March 2009.
