Collective agreements, driving time regulations, driver contracts and labour inspections in the transport sector.
The transport and logistics sector has its own labour law framework, complex and in constant evolution. At Vectoris Legal we provide comprehensive employment law advice to road transport companies, logistics operators, shipping companies, yacht charter companies and maritime-port sector companies, both in the day-to-day management of employment relationships and in defence against inspection, conciliation and judicial proceedings.
The employment relationship with professional drivers is one of the sector's most litigious areas. The road haulage collective agreement — with its various regional and company versions — regulates very specific conditions on working time, driving and rest periods, per diems, activity bonuses and occupational categories. We advise on driver recruitment, CMR working time compliance, collective agreement application and disciplinary proceedings and dismissals.
Bogus self-employment is one of the greatest employment risk factors in road transport. Many companies use the self-employed haulier or TRADE (economically dependent self-employed worker) structure for relationships that, in practice, display all the characteristics of employment. The Labour Inspectorate knows this risk well and investigates it actively. When a disguised employment relationship is found, the consequences are significant: retroactive Social Security registration, back contributions with surcharge, possible sanctions and retroactive recognition of employment rights. We analyse each company's situation and advise on the correct structuring of these relationships.
The maritime sector has its own specialist labour law regime. We advise shipping companies, shipowners and yacht charter companies on: crew engagement contracts, Maritime Labour Convention (MLC 2006) compliance, Port State Control (PSC) labour inspections, crew dismissal and claim defence, and crew on-board accident liability. We also advise on captain and crew contracts in yacht charter operations.
We provide comprehensive legal assistance before the Labour Inspectorate: presence during inspections, documentation preparation, representations against infringement notices and assessment records, and judicial review before the Administrative Courts when appropriate.
We draft and review all employment documentation: contracts tailored to the applicable collective agreement, employee handbooks, disciplinary regulations, tachograph use policies, alcohol and drugs testing policies, harassment prevention protocols and collective agreement inapplication (opt-out) agreements.
Tell us about your matter and we will get back to you within 24 hours.