The driver that will carries out casual services claiming overtime, must provide strict test of its operation.
As ruled by the Milan Court no. 2862 of July 22, 2016
A truck driver hired as casual driver appealed to the Milan Labour Court to ask for verification of the ongoing nature of his services according to the provisions of the National Collective Employment Contract (CCNL) of his sector. The same applied, depending on the retraining, recognition of overtime and the resulting differences in pay, as well as compensation for damages from the arduous activities (porter).
The claims were based on the applicant’s qualifications of the breaks during work hours, working on de facto activities and porterage. The employee at the foundation of his claims enclosed some of the data transcriptions “tachographs” registered in the course of business and called for as admission of evidence by witnesses.
The Labour Judge, accepting the arguments of the company, considered that the distinction between the two working hypotheses, driver “continuous” or driver “discontinuous.” Also apparent the fact that an employee works in concrete rest breaks during their activities and the “tachographs” data, were not sufficient to discharge the burden of proof to obtain the acceptance of their applications.
