The transport sector is an important area for economic growth and the creation of many sources of employment, whether in the public or private sector, as the people who work as drivers, conductors, or operators in public service transportation, whether passenger or cargo, are workers who are subject to specific regulations regarding their working conditions, which raises many questions about the payment of wages, benefits and especially the payment of overtime.
To begin with, we have to make it clear that the Federal Labour Law establishes that, between chauffeurs, drivers, operators, collectors, and other workers who provide services on board public, passengers, cargo or mixed, foreign or urban transport vehicles, such as buses, trucks, vans or automobiles and the owners or licensees of the vehicles, there is a clear labour relationship, with all the rights and obligations that this entails. This implies that employers have a responsibility to comply with legal provisions related to the wages and working conditions of their employees.
In relation to wages, it is important to bear in mind that there are different ways of setting wages, whether per day, per journey, per ticket sold or per circuit or kilometre travelled. It is essential to ensure that the daily wage received by the driver is never less than the minimum wage. If the wage is set on a per trip basis, workers are entitled to a proportional increase if the trip is extended or delayed for reasons beyond their control.
It is important to note that, according to the Federal Labour Law, workers in the transport sector who have well-defined ways of receiving and earning their wages are not subject to overtime pay. This is because the way in which the wage is established, whether per day, per trip or by other specific criteria, includes compensation for additional time or eventualities that may arise during the working day. Therefore, employers are not obliged to pay overtime to transport workers, as long as they comply with the established legal guidelines, as established by the Jurisprudence issued by the Federal Judiciary.
It is essential to approach a specialist in labour law to obtain specific advice on compliance with labour regulations in the transport sector, as it is important to avoid individual employment contracts consisting of machotes or generic formats and to opt for special contracts designed specifically for this type of workers, as established by labour legislation. In this way, confusion and erroneous interpretations that can be used against the company can be avoided.
At Vega, Guerrero y Asociados we offer specialized legal services that can be of great help to ensure proper compliance with labour laws and avoid possible legal conflicts in the future.
