When is the surcharge for one-day night rides due?

Article 37 of the Collective Labour Agreement for Professional Goods Transport 2012-2014 stipulates:

* As of 1 January 2012, a compensation of €2.48 per hour will be awarded for one-day night journeys for working hours between 20:00 and 04:00″.

This article is interpreted by FNV Bondgenoten as meaning that a night surcharge must be paid for all working hours between 20:00 and 04:00. This also applies to journeys that end before 24:00. According to Transport en Logistiek Nederland (TLN), this interpretation is incorrect.

TLN takes the position that the surcharge for one-day night journeys is only due if the journeys were carried out in whole or in part between 00:00 and 06:00.

TLN’s interpretation is in line with the only judicial ruling on the concept of one-day night journey by the Subdistrict Court of Terneuzen in 2006*, which was as follows defined:

“a journey that takes place within 24 hours and the execution of which takes place wholly or partly between 00:00 and 04:00”.

Based on this definition and the wording of art. 37 CAO Professional Goods Transport, it seems to me that a transport company must pay its employee a night allowance only for one-day night journeys (in accordance with the definition given above) for the hours worked between 20:00 and 04:00. This is customary, at least among the transport companies in my transport law practice.

The FNV has now instituted legal proceedings to obtain a declaration that its interpretation of article 37 CAO Professional Goods Transport is correct, so that the night allowance must also be paid if a journey ends before 24:00. The verdict will have to be awaited, but a favourable judgment is not expected.

For more information about this column or other employment law or transport law topics, please contact Otto Lenselink (olenselink@transportrechtadvocaat.nl).

February 2015

* Middelburg District Court, subdistrict sector, Terneuzen location, 18 October 2006

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