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The law states that you can’t work more than 48 hours a week on average -normally averaged over 17 weeks or 26-weekreference period
This law is sometimes called the ‘working time directive’ or ‘working time regulations’. You can choose to work more by opting out of the 48-hour week. If you wish to opt out, please complete the below form.
1.1 In this Agreement the following definitions apply:
1.2. References to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3. The headings contained in this Agreement are for convenience only and do not affect their interpretation.
The Working Time Regulations 1998 provide that the Agency Worker shall not work on an Assignment with the Client inexcess of the Working Week unless s/he agrees in writing that this limit should not apply.
The Agency Worker hereby agrees that the Working Week limit shall not apply to the Assignment.
This Agreement is governed by the law of England& Wales and is subject to the exclusive jurisdiction of the Courts ofEngland & Wales. Signed by Agency
The EU rules set limits for the number of hours you can drive. They also set out minimum requirements for breaks from driving, and daily and weekly rest periods.
The EU rules (Regulation (EC) 561/2006) apply to drivers of vehicles used for the carriage of goods where the maximum permissible weight of the vehicle, including any trailer or semi-trailer, exceeds 3.5 tonnes and where the vehicle is used within the UK or between the UK and other EU and EEA countries and Switzerland.
The current limits on drivers’ hours as specified by the EU rules are summarised in the following table.
Intrepid Global Ltd requires all their contracted drivers to fully understand and comply with legislation in accordance with the EU rules (Regulation (EC) 561/2006) and the Road Transport (Working Time) Regulations 2005.We are liable for any breaches of the regulations committed by our drivers.
I hereby agree and confirm that I am not connected with, engage in, or concerned with any other business or public office which may or might interfere with the performance as a driver, or be in conflict with the best interests of Intrepid Global Ltd without prior written agreement. Failure to comply with this provision may contravene regulations and may result in dismissal on the grounds of gross misconduct and persecution by the relevant enforcing authority. I hereby undertake to inform Intrepid Global Ltd of all hours worked for another employer and will declared to ensure compliance with the current limits in accordance with the EU rules (Regulation (Ec) 561/2006) and the Road Transport (Working Time) Regulations 2005.
As a commercial driver I agree to operate and maintain my Tachograph, to completely record all my activities, in line with current legislation. I hereby confirm and understand the EU rules (Regulations (EC) 561/2006) and the Road Transport (Working Times) Regulations 2005 and comply with the working hour rules and limits stated therein.
We need conduct regular DVLA checks on your driving licence to ascertain your continued eligibility to drive trucks for our clients. New legislation state that you do not need to carry your counterpart driving licence,so no proof/visibility is carried with you for checking purposes by our clients.
In order to carry out the check we therefore request that you sign this statement.
On request, you can retain a copy for your own records.
If you have any questions regarding the above, please do not hesitate to contact me.
I consent to the company processing data relating to me for legal, personnel, administrative and management purposes and in particular to the processing of any sensitive personal data (as defined in the Data Protection Act 1998) relating to me, including, as appropriate:
(a) Information about my physical or mental health or condition in order to monitor and take decisions as to myfitness for work
(b) My racial or ethnic origin or religious or similar information in order to monitor compliance with equalopportunities legislation;
(C) In order to comply with legal requirements and obligation to third parties
(D) In order to comply with our legal requirement and obligations in respect of insurance on our vehicles andlegal rights to drive.
This declaration is in addition to the end clients existing Health & Safety policy. It states the standards expected for a driver’s physical condition & makes it clear that alcohol & drug abuse in any form will not be tolerated.
Conduct: Staff, (however they may be engaged), must at all times be civil & polite to customers, visitors, other staff &management & are to be in a sober & coherent condition to undertake their duties at all times.
Sobriety:The company reserves & applies the right to demand that all staffattend work in a suitably fit mental & physical condition & will be capable of carrying out their given duties in a safe & responsible manner, any driver attending work that is or deemed to be still under the influence of drink or drugs will be dismissed from site immediately.
Drug abuse: As it is not possible for the company togive expert medical opinion on as to whether or not a workermay be suffering the effects of drugs or alcohol it must be accepted by the driver that the company will make an informed estimate of the condition of a driver by his physical actions & behaviours & if found to be “the worse for wear” either by alcohol or drug abuse he will be dismissed from site immediately.
A successful civil prosecution for driving or operating a vehicle while under the influence will lead to a financial penalty for drink or drug related offences, you would then face a vocational licence inquiry in front of the Traffic Commissioner & if you were found to be of “ill repute” because of the severity of the offences & fines from the civil case you would almost certainly be penalised further by an additional penalty of suspension, curtailment or revocation of your vocational licence, the usual outcome of these cases is a minimum additional 6 month ban from driving but if the offences were of a more serious nature the licence could be suspended for an indefinite period or even revokedcompletely.
With regulation & legislation the way it is in the UK/EU wehope you understand why we must be seen to betaking steps to ensure you are aware of the law, its interpretations & consequences & why we must ask you to sign this declaration to say you understand your responsibilities both legally & contractually.It is equally imperative you are aware that some contracts may require random drug and alcohol testing.
By signing this document, you are stating that you have read & understood the company’s policy with regard to the responsibilities involved in driving large goods or passenger vehicles & are aware of & understand your legal responsibilities toward your physical condition whilst driving & working
I have read this document & understand why I am being asked to sign. I agree to do so freely:
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