Article

Controversy over 35-hour week in road haulage

Published: 27 February 2000

The implementation of the 35-hour working week in the French road haulage sector triggered protests by the industry's employers, which blockaded French border crossings in mid-January 2000. Following negotiations with the employers, the government adopted a new draft decree putting in place specific provisions for the road haulage sector. Employers were satisfied with these measures - however trade unions were not, and in turn set up their own blockades on 1 February.

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The implementation of the 35-hour working week in the French road haulage sector triggered protests by the industry's employers, which blockaded French border crossings in mid-January 2000. Following negotiations with the employers, the government adopted a new draft decree putting in place specific provisions for the road haulage sector. Employers were satisfied with these measures - however trade unions were not, and in turn set up their own blockades on 1 February.

In early January 2000, the Minister for Transport, Jean-Claude Gayssot, issued a draft decree on the specific implementation of the 35-hour working week in the road haulage sector, accompanying the general legislation on this subject (FR0001137F). The road haulage employers' organisations - the National Federation of Road Hauliers (Fédération nationale du transports routier, FNTR), the National Union of Road Haulier Associations (Union nationale des organisations syndicales du transport routier automobile, Unostra), the French Association of Transport and Logistic Companies (Fédération des entreprises de transport et de logistique de France, TLF) and the Association of Movers (Chambre syndicale des déménageurs) - spoke out against the draft decree, calling it "an economic straightjacket". These organisations were also up in arms over increases in the price of diesel fuel.

On 10 January, these employers' organisations blockaded 70 French border crossings with up to 2,000 lorries. This action was criticised by many haulage companies from other European countries. The European Commission reminded France that EU Member States had an obligation to "ensure freedom of movement though not to the detriment of fundamental rights, such as the right to strike."

On 11 January, negociations were launched between the Ministry for Transport and employers' association representatives. The associations were satisfied that their major demands had been met and therefore decided to lift the blockades.

The new draft decree that emerged from these negotiations was approved by the cabinet on 26 January. It stipulates the terms for the implementation of the 35-hour working week in the road haulage sector.

The working week in this sector is set at 220 hours per month with a weekly maximum of 56 hours for long-distance drivers, and at 208 hours with a weekly maximum of 48 hours for all other drivers. In addition, sector-level negotiations are to continue on the classification system for "short-haul" drivers, on which agreement should be reached by 1 January 2001. The decree also provides for all drivers to be paid overtime rates after the 35th hour of work. Mr Gayssot stated that "this means the 35-hour working week will apply to all employees." In addition, those companies that conclude agreements lowering monthly working time from 220 to 208 hours will receive between FRF 15,000 and FRF 21,500 in financial assistance per employee, per year.

Finally, road haulage companies will be given excise tax relief to offset partially a rise of over 30% in diesel fuel prices since summer 1999.

Workers' trade unions have expressed their dissatisfaction with the deal. Their major criticism is that the Minister held separate negotiations with employers. Even though the unions agree that the government met their demands over overtime pay rates starting after the 35th hour of work instead of the 40th, they are criticising the establishment of a separate system for "short-haul" drivers. In the opinion of the unions, the 208-hour monthly maximum will result in an eight-hour increase in current average overtime working. The provisions for short-haul drivers have been referred to future sector-level negotiations on the definition of this category of driver.

The unions launched their own industrial action on 31 January to protest at the agreement struck between employers and the Minister and to demand wage increases. Over 70 blockades were set up on 1 February.

Mr Gayssot met with the unions on 1 February. He reiterated the fact that, in his opinion, the agreement struck was "balanced" and suggested that a road haulage sectoral meeting with an equal number of employer and union representatives be held on 8 February, in order to discuss the terms for the reduction of working time and working conditions, and to start annual pay bargaining.

The CGT and the CFDT trade unions appeared satisfied with this meeting. However, Roger Poletti of the CGT-FO-affiliated transport workers' federation (Fédération des transports de la CGT-FO), stated that all that had come out of the meeting were "a huge schedule of promises and negotiations". Following the meeting, CFDT ordered the lifting of its blockades, while other unions were to consult their membership first.

Eurofound recommends citing this publication in the following way.

Eurofound (2000), Controversy over 35-hour week in road haulage, article.

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