Legal Aspects of Nature of Work of Mobile Road Transport Workers
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Abstract
The paper deals with problems of legal regulation of guarantees and compensations in labour law. The focus is on the problem related to determination of types of work in the road transport sector. It is emphasized that the most peculiar aspect of work of mobile road transport workers is their regular trips outside the enterprise; therefore, such specific work has to be fairly remunerated. Various polemical issues concerning the assessment and evaluation of the work performed by road transport worker are discussed, how it should be treated – should it be considered as a posting of worker or the work performed while travelling. The point of view that the work of mobile road transport workers should be regarded as a form of posting has been criticized by indicating that legal acts provide other kinds of work that also exists in practice. A posting is understood as a temporary journey of the employee from his permanent workplace for performance of a special assignment, therefore the activities taking the form of a longdistance trip of road transport drivers is considered as working while travelling (mobile work). When mobile workers conform to the provisions of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services, they must be considered as ‘posted’.
The imperative State regulation of daily allowances for the posting period and other compensation allowances provided by legal acts has been criticised. It is claimed that the application of the method of contractual remuneration for work by establishing certain sums of compensation allowances for road transport workers and letting the employment agreement parties to set them locally or by way of social dialogue would ensure a better differentiation of the remuneration for work. Special attention is paid to the problems related to the distinction that should be made between legal regulation of taxation and labour law.
The analysis carried out on the specifics of work performed in the road transport enterprise allows concluding that according to the working conditions, mobile workers can perform work while being 1) on travel (mobile work), 2) being posted or 3) they can work in the premises of the enterprise (employer). Accordingly, remuneration for work of these workers is set differently because their specific work conditions and provisions of the legal acts are taken into account.
The imperative State regulation of daily allowances for the posting period and other compensation allowances provided by legal acts has been criticised. It is claimed that the application of the method of contractual remuneration for work by establishing certain sums of compensation allowances for road transport workers and letting the employment agreement parties to set them locally or by way of social dialogue would ensure a better differentiation of the remuneration for work. Special attention is paid to the problems related to the distinction that should be made between legal regulation of taxation and labour law.
The analysis carried out on the specifics of work performed in the road transport enterprise allows concluding that according to the working conditions, mobile workers can perform work while being 1) on travel (mobile work), 2) being posted or 3) they can work in the premises of the enterprise (employer). Accordingly, remuneration for work of these workers is set differently because their specific work conditions and provisions of the legal acts are taken into account.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
