Dispute over working time in road haulage

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In March 2002, the French government proposed a draft decree on working time in the road haulage sector. A number of trade unions organised protest actions against the proposals to reform the regulation of lorry drivers' hours.

At a joint meeting with road haulage workers' trade unions in early March 2002 - devoted to 'defining pay after the 36th hour of work' per week – the Minister of Transport, Jean-Claude Gayssot, tabled a draft decree, which would separate actual working time for lorry drivers from so-called 'equivalent hours', ie waiting, loading and unloading time. The minister stated that the decree would guarantee improvements for workers in the sector.

The draft decree divides lorry drivers into two groups: long-distance drivers (spending a minimum of six nights per month away from home) and short-distance drivers. In both cases, the decree sets a 43-hour average working week over a year. However, for long-distance drivers, this figure breaks down into 35 actual working hours and eight 'equivalent hours', while for short-distance drivers, it divides into 39 actual working hours and four 'equivalent hours'. The maximum time worked by long-distance truckers may be extended to 56 hours in any one particular week and 220 hours per month. The maximum working time for short-distance truckers may be up to 48 hours in any one particular week and 208 hours per month.

In response, four trade unions issued a call to their members to blockade industrial facilities, oil depots and motorway exits etc. These were the General Confederation of Labour (Confédération générale du travail, CGT) and the General Confederation of Labour-Force ouvrière (Confédération générale du travail-Force ouvrière, CGT-FO) - each representing approximately 15% of road haulage employees - the French Christian Workers' Confederation (Confédération française des travailleurs chrétiens, CFTC) and the independent National Federation of Road Transport Drivers (Fédération nationale des chauffeurs routiers, FNCR). Despite some misgivings over the government decree, the French Democratic Confederation of Labour (Confédération française démocratique du travail, CFDT) (representing approximately 25% of the sector's workers) decided not to participate in this protest action.

The four trade unions opposed to the decree are challenging the concept of 'equivalent hours'. They point out that 'equivalent hours' were abolished in 1996 by the then right-wing government and that a coalition left-wing government (Minister Gayssot is a member of the Communist Party) now wants to reintroduce this concept. These unions have put forward two arguments. First, they maintain that in terms of remuneration, 'equivalent hours' are not considered overtime. Second, they claim that in the area of road safety, the fact that 'equivalent hours' are not considered overtime means that it takes drivers longer to earn compensatory rest time.

CFDT considers that the draft decree brings significant benefits. First, the courier industry (parcel collection and services) will no longer be able to force drivers to take their daily rest time away from home. These drivers will now come under the legal standards governing the 35-hour working week (FR0001137F). Second, a mechanism has been put in place to bring short-distance drivers under 35-hour working week regulations. CFDT does, however, bemoan the fact that this mechanism is not more binding in nature.

In addition, CFDT signed an agreement with road haulage industry employers' associations on 5 March 2002 providing for a pay premium for hours worked after the 35th hour per week. These hours are to be paid as overtime even though they are not officially considered as such. Consequently, workers will receive 125% of normal pay from the 36th hour a week or the 152nd hour on a monthly basis, and 150% starting from the 43rd weekly hour or from the 186th monthly hour.

As for the response of the employers' associations, the National Road Haulage Federation (Fédération nationale des transports routiers, FNTR) stated that it was pleased that the government had made a point of respecting the specificities of the road haulage sector.

The blockading of fuel depots and motorway exits mainly occurred around Marseilles in the south-east of France on 11 and 12 March 2002. Action by the police helped to contain the impact of the blockades and reduced the danger of any fuel shortages for motorists. By 13 March 2002, all the various actions had come to an end. The Minister of Transport met with trade unions but failed to influence their position on his decree.

The issue of lorry drivers working time is topical at EU level at present, with the adoption on 11 March 2002 of Directive (2002/15/EC) on the organisation of the working time of persons performing mobile road transport activities.