'This heralds the end of the era of free work for coach drivers.'
Unpaid waiting in parking spaces
The employer has not applied the collective labor agreement properly. In coach transport, employers do not want to pay for so-called non-productive hours, for example drivers who have to wait in a parking space. Kressin: 'Suppose you are away from home for 12 hours, minus the one and a half hour break. Then you have 10,5 hours left. You will then be paid for 10,5/5 of these 6 hours. Drivers actually have to work 48 hours to get paid 40 hours. This is the so-called 5/6 regulation. An omission. We will rectify this arrangement in the upcoming collective labor agreement negotiations in September. But in this specific case, it was a question of group transport and then all working hours must be paid in accordance with the collective labor agreement.'
Disputes Committee
Because the collective labor agreement is clear when it comes to driving group transport, the so-called 6/6 regulation applies. Ferry transport for P&O Ferries, which was the subject of the lawsuit, is group transport, according to the FNV and the court has confirmed that view. Kressin: 'We first pointed this out to the employer. When we received no complaints, we went to the Disputes Committee in 2018, which already ruled in our favor on 3 July 2019 and issued a binding advice. Yet the employer again took no responsibility and we therefore had to file a lawsuit to enforce compliance with the collective labor agreement.'
Free work from new collective labor agreement
The verdict of 13 August is in favor of FNV on all points. The statement also reads a very
desired change. Kressin: 'We want all that free work by coach drivers to end. They have the right to be paid for all the hours they spend for their boss. The 5/6-rule simply has to be completely removed. We will immediately put that requirement on the collective labor agreement table in September.'
Failure to comply with collective labor agreements
Non-compliance with the collective labor agreement is a regular occurrence in the sector. Kressin: 'Here too, the employer consciously opted for this. We see that more often and that really has to end.' According to the court, Schiphol transport, ferry transport and shuttle transport must be seen as group transport to which the so-called 6/6 regulation applies.
Also read: Coach company wants more government support
