Showing posts with label Car Rent. Show all posts
Showing posts with label Car Rent. Show all posts

Monday, December 27, 2021

iSPECIAL CHAUFFEUR (DRIVER) MOBILIZATION, EVALUATION AND COMPENSATION CRITERIA

iSPECIAL MOBILITY ECOSYSTEM



Human Capital Deployment Strategy


OPINION: EMPLOYEES VS SELF EMPLOYED WORKERS

INTRODUCTION:  

"While gig workers are often viewed as "Self-Employed Persons" or "Independent Contractors" in many jurisdictions and are unable to enjoy protections under labour law, a recent UK Supreme Court decision classified UBER drivers as "Workers" and ruled that they are entitled to a minimum wage, paid leave, and other legal protection. Although the decision is not binding on Ugandan Courts, it is persuasive and sheds light on the classifications of gig workers in general and also has an impact on technology enabled work." – SIGNUM ADVOCATES

UK Supreme Court confirms that UBER drivers are Workers: What does the decision mean for Uganda's Employers and E-Businesses?

Complementary Labour Law Research:



UK Statutory Provisions and other standing Case Law:




Paragraph 24:

"First, The natural and ordinary meaning of  'employed by' is employed under a Contract of Service. Our law draws a clear distinction between those who are so employed and those who are Self-Employed but enter into contracts to perform work or services for others."

Paragraph 25:

"Second, within the latter class, law now draws a distinction between two different kinds of Self-Employed people. One kind are people who carry on a profession or a business undertaking on their own account and enter into contracts with clients or customers to provide work or services for them. The arbitrators in Hashwani V Jivraj (London Court of International Arbitration Intervening) [2011] UKSC 40, [2011] 1 WLR 1872 were people of that kind. The other kind are Self-Employed people who provide their services as part of a profession or business undertaking carried on by some-one else. The general medical practitioner in Hospital Medical Group Ltd V West Wood [2012] EWCA Civ, 1005;[2013] ICR 415 , who also provided his services as a hair restoration surgeon to a company offering hair restoration services to the public, was a person of that kind and thus a "worker" within the meaning of section 230(3)(b) of the 1996 Act."
(EMPHASIS ADDED)

Persuasive Commonwealth Labour Law on Mutual Obligation Provisions:



"The Appellant contends that there was no evidence before the EAT upon which it could conclude that any Implied Agreement had been reached between the appellant and the respondents to carry out inspection of meat and certification of same on the appellants behalf on an ongoing basis. Nothing in the arrangements that existed as between the parties, which had been reduced to writing, indicates that this was in fact the case. Moreover they say there was significant and uncontested evidence to the contrary before the EAT which it inexplicably chose to overlook. This was to the effect that the appellant had no control over the level of work that was available for TVI's as this was a matter entirely within the control of the processing plants, here Galtee. The appellant was thus unable to give, and did not give a commitment to the respondents at any stage as to the level of work available to them, and the respondents were at all times well aware of this."

"In the Courts view these points are well made. Moreover, the tribunals belief as to the nature of the contractual arrangements between the parties is wholly unclear. The determination speaks not of the implication of a term into a clearly identified contract (whether that contract be one of service or for services), but rather of an implied agreement which could either connote such a contract or, alternatively, an overarching Umbrella Contract."

"The case of O'kelly and Ors Vs. Trust House Forte Plc, [1983] I.C.R 728 provides an example of where the latter type of Contract was contended for. In that case the Banqueting Department of a hotel Company kept a list of some 100 casual catering staff who were known as regulars because they could be relied upon to offer their services regularly and in return were assured of preference in the allocation of available work. These workers claimed to be entitled to unfair dismissal compensation on the basis that they had been employed under a contract of service but the hotel disputed this and contended that they were Independent Contractors supplying Services and not Employees. The issue went before an Industrial Tribunal and the Claimants lost on the basis that the important ingredient of mutuality of obligation was missing."

"The Claimants appealed successfully to an Appeals Tribunal. The Appeals Tribunal decision was in turn appealed to the Court of Appeal. In the course of his judgment Sir Donaldson M.R. said: "Although I,like the Appeal Tribunal , and content to accept the Industrial Tribunals conclusion that there was no overall or Umbrella Contract, I think that there is a shorter answer. It is that giving the applicants evidence its fullest possible weight, all that could emerge was an Umbrella or Master Contract for , not of, employment. It would be a Contract to offer and accept  Individual Contracts of Employment and, as such, outside the Scope of the Unfair dismissal provisions."
(EMPHASIS ADDED)


                         FILE PHOTO/COURTESY: Uganda Parliament Plenary Session


CHAUFFEUR / DRIVER EVALUATION & COMPENSATION



1. Tenor

This refers to the period that one has served the company. Under this criterion, one will be remunerated depending on the number of months/years he/she has served the company. Taking an example from the Platinum category, one who has served the company for four (4) years and above will attain a maximum score of four (4) points.

2. Class

This refers to the number of classes one has attained through out his driving experience. For instance, a chauffeur  who is in possession of  a Licence to drive a small Car, Van, Coach, Bus/Lorry will be awarded a maximum score of Eight (8) points.

3. Hardship

Hardship refers to the challenging situation one experiences while on the job. A Partner who will be allocated a task with a Very High level of Hardship will attain a maximum score of Sixteen (16) points. Such tasks with Very High level of Hardships can be witnessed in projects like Corporate Adhoc Staff Movements. The level of Hardship will have to be confirmed by the Project Supervisor.

4.Status

This refers to one's capacity to drive a particular class of people. These Clients are classified as:

VVIP: Very Very Important Person –  which consists of guests/clients like the Presidents, Country Representatives/Ambassadors among other top notch guests/clients.

VIP: Very Important Person This mainly consists of guests/clients like Cabinet Ministers and other Top Government and/or Private Sector C-Suite Officials.

Executive: This status categorizes mainly the Management Executives and/or Business class of people.

Private: This class is mainly for any other guest or client seeking to maintain a low profile and/or held in high esteem as a customer.

It is upon satisfying either of the qualities stated in the above four aspects that one will be classified under the various categories as given below:

These classifications include:

PLATINUM CATEGORY

GOLD CATEGORY

SILVER CATEGORY

BRONZE CATEGORY

The Aggregate points one has attained from each of the above four mentioned aspects will be used to determine the category under which one falls.

For example:

If one has served the company for more than four (4) years, he attains a maximum of four (4) points. One's Driving License has a class for a Small Car, Van and a Coach, he attains seven (7) points. One's level of Hardship at work is medium, he attains four (4) points. And if one has the capacity to drive a VIP, he will be awarded eleven (11) points. After these scores are summed up, they will give a total of 26 points. Basing on the classification Matrix below, one is able to prove that 26 points are classified under the BRONZE CATEGORY.

CLASSIFICATION MATRIX:

The classification matrices exhibited on the screenshot below gives an effortless comprehension of the grading/categorization procedures:




DEPLOYMENT & DYNAMIC EVALUATION:

KEY PERFORMANCE INDICATORS AND THE CORRESPONDING SCORE, DEPLOYMENT AND DYNAMIC EVALUATION:

After the categorization of  the Franchise Chauffeur Partners as illustrated above, each partner will be subjected to a Performance analysis that will at end of the month be used to determine the remuneration Pay Scale for the subject Chauffeur. This analysis will be carried out on a daily basis, however, a monthly Report will be produced by the Project Supervisors / Managers and provided to the relevant Contractor Payments Department. The Report will be required one week before the preparation of the Payment Schedule. This is aimed at enabling a prompt release of the Chauffeur  Compensation/Remuneration.

A score for the corresponding Key Performance Indicator has been assigned as illustrated on the relevant matrix from the exhibit screenshot below:



Basing on the performance indicators above, a Daily analysis can potentially yield a maximum total of forty (40) points and a 30 Day month daily analysis  will give a maximum total of 1,200 points.

For example if a chauffeur attains a total of 800 points in a month, his points will be divided by the maximum realizable Total for the subject month being 1,200 points to give a result of 0.7 points. This will be expressed as a percentage by multiplying by 100% to give a percentage of 70 points.

For instance, If a chauffeur falls under the BRONZE CATEGORY as illustrated in the relevant  classification Matrix  from the exhibit screenshot above and has attained a maximum percentage of 70 points in a month , then he will be entitled to a consideration /compensation amount of UGX.200,000/= for the subject month as illustrated in the table above; (excluding the commissions payable against the money worth volume of business generated for the subject month as per the Commission Share Attribute Matrix).

The whole process including the calculations will be automated and the party assigned to carry out this responsibility shall have to enter the correct data report into the template and the attendant consideration shall be generated automatically or the same shall be generated in real-time by recourse to Artificial Intelligence. The Professional Chauffeur Partner shall be paid on a monthly basis a variable rate as per the remuneration structure above or as shall be separately agreed from time to time or Uganda Shillings 150,000/= per month which ever is greater.

FLEET MANAGEMENT PARTNER COMPENSATION

The Partnering Fleet Service Provider Compensation is premised on the Historical Loss Ratio of the Insured as detailed in the relevant Matrix from the screenshot above. The insured enjoys discounts on a sliding scale that rewards improvement in the Loss Ratio applicable for the subsequent insurance period. Please Note that the Premium Surcharge is derived by applying the Factors given in the Matrix for the respective Loss Ratio and Fleet/Driver Count as declared by the Insured and mutually agreed by the Insurance Company and the Partnering Service Provider.


iSPECIAL ECOSYSTEM COMMISSION SHARE MATRICES



Saturday, December 25, 2021

iSPECIAL GROUND TRANSPORTATION PROCEDURE


iSPECIAL MOBILITY ECOSYSTEM



In-Country and/or Transient End User Ground Transportation Procedure


 FOREWORD: "Incredible innovations within the transportation sector are being driven by the growing recognition that cars, once synonymous with freedom and ease of mobility, have become a victim of their own success. In cities around the world, congestion is undermining mobility, imposing huge costs not just on commuters or people out to run a simple errand but on society as whole."

"The problem that confronts transportation planners is that adding new infrastructure capacity to relieve congestion is notoriously slow and costly. Given the environmental issues to be explored, land to be acquired, permits obtained, people moved, and construction undertaken, it can take years , if not decades, to go from conception to delivery. Yet there are innovative new ways of making more efficient use of existing infrastructure already coming onto the scene."

"The arrival of  the 'information everywhere' world has opened up new opportunities to make the existing transportation network far more efficient and user friendly. Coupled with new transportation capacity, the changes spurred by technological changes and the innovations it inspires will help preserve freedom of mobility in the 21st century. Services like real-time ride-sharing and car sharing for instance, are helping urbanites get around without owning a car – and are making the private vehicle a de-facto extension of the public transportation system."

"New apps are allowing commuters to compare the time, cost, convenience, carbon footprint and health benefits across all modes of public and private transport, broadening their range of choices and allowing for on-the -fly decision making that takes into account real-time conditions. For their part, automakers are focused on next generation "connected vehicles" that can access, consume, create and share information with other vehicles and surrounding infrastructure in real time – improving traffic flow and safety. And dynamic pricing mechanisms for roads, parking spaces and shared-use assets are helping balance supply and demand, much the same way the airline and hotel industry have been pricing seats and rooms for years."

"The result of these innovations – and of the ecosystem of creative players that have been drawn to transportation, from information technology companies to ride-sharing pioneers to app makers – is that the mobility field will look very different going forward. It will be:

  • Massively networked. with ubiquitous connectivity throughout the system;
  • Dynamically priced. so as to balance supply and demand;
  • User centered. taking into account users' needs, priorities, data flows, and dynamic responses to conditions;
  • Integrated. so that users can move easily from point A to point B, regardless of mode, service provider, or time of day;
  • Reliant on new models of private-public collaboration. which take advantage of the increasingly diverse ecosystem of public, private, and nonprofit entities that are working to meet the mobility challenges of the 21st century.

Courtesy: Tiffany Dovey Fishman, carrealtime.com

HZiQZProject – Trailblazer Stakeholder Virtual Presentation

iSpecial – Go Motoring in Three Easy Steps

Smart Mobility Ecosystem

Ground Transportation Process Highlight

  • Reservation
  • Execution
  • Documentation for Data Capture (Traditional) / Self-Service Portal (Modern)
  • Reconciliation
  • Billing
  • Payment
Ground Transportation Document Exhibits

Reservation

This is attained by filling out a vehicle order form. This form is filled by the contract administrator and/or his/her designate or by calling our Ground Transportation Desk.

The order form is divided into two parts:

  1. Airport Transfer/Taxi
  2. Car Rental
Further, it spells out the following among others:
  1. The client Details and Flight information.
  2. The point for pre-positioning the vehicle
  3. Transaction Code
The contract administrator or their designate will endorse the form in the space provided as a mark of authorizing the transaction.

The beneficiary / client will endorse the form as a mark of being a recipient of the service.

The professional chauffeur/Driver will sign the order form as an acknowledgement of having been assigned the job.



Execution

This is attained by assigning a chauffeur to the service beneficiary who in turn takes instructions from him/her. The assignment of the driver is effected by our Coordinator stationed at either our Operations Base or Coordination facility at the client premises.

Documents for Data Capture

Vehicle Order Form:

This form is filled out by the Contract Administrator and/or his/her designate to reflect the time, type of vehicle, destination and kilometres covered in respect of a given transaction. The Supervisor signs to confirm authorization of the driver to handle that transaction. Driver signs in acceptance to carry out that transaction.

Journey Invoice :

Like any other Demand Note, the Invoice contains all the particulars of the transaction. The requisite particulars captured include among others: driver's names, vehicle type, client's names, chargeable kilometres, waiting charges and type of job/transaction - either local run and/or Airport transfers and/or Car Rental.

The client must sign against the amount charged for the distance covered before the Demand Note/Invoice is taken to the Contract Administrator for posting and filing. The original copy of the Invoice is held in the clients custody to facilitate periodic reconciliation.

Journey Cash Receipt:

This contains every particular that is found on the Invoice leaf. The only difference being the function. Whereas the Invoice is used to bill "a post paid" client, the receipt voucher is used to receive cash from "a Pay as You Go" client/s who exercise the cash payment option.

Vehicle Booking Voucher

This is generated by the client asking iSpecial to carry out a particular transaction on a particular date. This document shows the name of the client , flight details (date & time), it also shows whether its an airport drop or pick up.

This booking voucher is signed by the Contract Administrator and/or his designate. Booking vouchers are originated by the client using own stationery format. This voucher can be used in place of a vehicle Order Form.

Ground Transportation - Vehicle Revenue Return :

A single vehicle may carry out more than one transaction in a shift of twelve hours, a driver therefore is expected to keep track of all the transactions carried out at all times.

This return is used by the driver who is responsible for entering every transaction carried out at a time. This document contains the client code which is the serial number of the transaction carried out by the driver, guest's / client's name, Room No./Card No./NIN/Passport No. among others. Each transaction must have an order form, invoice in case of  charge accounts, and receipts in case of cash transactions. All these documents have serial numbers which are entered on to this form (VRR) and the physical copies attached onto the return for follow up.

At the end of every shift , the entire information is collected from the Vehicle Revenue Return and posted into the iSpecial system.

Reconciliation :

At the end of the month, this data is compiled and submitted to the client aggregator for reconciliation. This action serves to ensure that the information we have in the iSpecial Mobility system tallies with what the Client Aggregator has in their system.

A reconciliation statement ( iSpecial Debit Note endorsed by the Client Aggregator) is returned to iSpecial Mobility office as an acknowledgement of the bill charged by iSpecial Mobility.

Billing

On receipt of an approved reconciliation statement / detailed transaction summary report, iSpecial Mobility will send a Demand Note/Tax Invoice to the Client Aggregator (Hotel, Company, Apartment Block, Condominium Management, Staff Quarters, Project Site, etc) for payment of the amount due.

Payment

The payment once processed shall be electronically transferred as per the payment details availed to the Client Aggregator by iSpecial Mobility.


TREASURE THE PEARL, RIDE SPECIAL MOBILITY – ACRISS BENCHMARK FLEET GUIDE



1) GROUP B (EDAR) , GROUP C (CCAR), GROUP D (IDAR), GROUP E (SFAR) 


2) GROUP F (FDAR), GROUP H (PDAR), GROUP I (LDAR), GROUP J (SDAR)


3) GROUP K (FFBR), GROUP L (PFBR / PJAR), GROUP M (FVAR) , GROUP N (LFAR)


4) GROUP ZP2 , GROUP ZB3 ,GROUP ZB1


iSPECIAL QUEST FOR AN INITIAL USD($)110M WORTH OF ASSET BACKED SECURITIES, THE FIRST IN UGANDA SINCE GAZETTING THE REGULATIONS ON JUNE 29, 2012

iSPECIAL MOBILITY ECOSYSTEM ASSET BACKED SECURITY   UGANDA: CAPITAL MARKETS (ASSET BACKED SECURITIES) REGULATIONS, 2012   "An asset ba...

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