Labour Affairs Q&A: Hiring a driver

What is the best way for company executives to employ a driver: privately, to serve other family members also; as an employee of the company, to perform other functions also; or indirectly through a driver/supplier agency or car-hire company?

A driver is more of a trusted colleague than other employees. He drives for the boss and provides him with company, most of the time alone and during odd hours. The root cause of this question is the overtime hours and payments that often become excessive and questionable.

A driver prefers to be hired by a company where he can also enjoy other fringe benefits, such as job and income security, regular overtime payments, social interaction with other employees, definite working hours and regular days off.

However, many companies have been reducing the direct employment of drivers. Executives with company cars are given extra money to employ chauffeurs of their own liking. Employment contracts, or the absence of a written contract, turn the relationship into an "employment at will" arrangement. A driver stays on many long years and is willing to serve if the pay is reasonable, as long as the boss is accommodating, paternalistic and cares for the driver's needs, including the provision of accommodation, a motorcycle on which to travel to work and, frequently, financial loans.

The total cost of employing a driver may, in this case, be even higher than when he is employed as a company driver.

Severance payments are obligatory if employment is terminated, whoever the employer may be.

The issue of damage from accidents can be taken care of by insurance companies and repairs and maintenance are taken care of by the auto service centre.

One issue of concern is how to get a fair and lawful deal when employing a driver. Our recommendations are:

l Provide for a six-day working week and allocate a budget of around Bt15,000 per month. This should rise to Bt20,000 if a working knowledge of English is required.

l Out of that amount, write into an employment contract that Bt10,000 to Bt14,000 is monthly salary and Bt3,000 to Bt6,000 is a monthly lump-sum allowance for driving outside regular working hours. Regular tipping by car users is advisable, at Bt100 to Bt200 each time.

l A boss is expected to be generous, in the form of assistance to hire purchase a motorcycle and providing occasional food and drinks, one month's salary as an end-of-year bonus and some leave of absence to compensate for the driver's service at odd hours or other services around the boss's residence.

Secondment of a driver from a driver-supply company is not recommended.

Section 65 (8) of the Labour Protection Act of 1998 led to Labour Ordinance No 12, limiting the overtime hours of land transport workers (drivers naturally included) to two hours a day and setting "compensation" for overtime at the normal average hourly rate.

However, the Supreme Court later ruled drivers of executive cars were not counted as land-transport employees and were therefore able to drive the boss to the golf course early next morning after a late-night outing and that overtime payments should be 1.5 times the normal average hourly rate.