Holcim Technology Ltd (“HTEC”) and its affiliates worldwide ("Holcim") strive to promote both operational safety and logistical efficiency for ready-mix (RMX) drivers. Forthis purpose all RMX drivers will be required to either carry mobile phones provided byHolcim or use an application issued by Holcim on their personal mobile phone which includeenhanced technology in the form of Positioning System (GPS) capability.
All RMX drivers will be required to carry the phones or enable the application providedby Holcim while on duty, with the GPS function enabled.
RMX driver acknowledges that the phones provided by Holcim are not meant for anypersonal use whatsoever, and that their use is permitted only for working with the ConcreteDirect application. Driver shall never operate the phone provided by Holcim orhis/her personal mobile phone (and/or the ConcreteDirect application) while driving or operating any vehicle. Any breach or violation of this paragraph constitutes a violation ofHolcim's applicable safety policies and regulations, and will be handled accordingly (violation of this policy will result in disciplinary action up to and including termination).
You agree that Holcim as the owner of commercial vehicles may equip them with GPStracking, whether as embedded equipment or, in this case, via the use of mobile phonesassigned to drivers of company-owned trucks or applications installed on personal phones. I is important to note that, during off-duty hours, no driver is required to keep the GPS-equipped mobile phone on his or her person or in his or her residence or the enable theapplication issued by Holcim.
Those drivers who are not employees of Holcim, and whose trucks Holcim does not own("Third Party Drivers"), understand and acknowledge that they are independent contractors,and your acknowledgement of these terms in no way creates an employee/employer relationship. Such Third Party Drivers shall at all times be independent contractors and not joint venturers with, or partners, employees, agents, representatives, or servants of Holcim.
Third Party Drivers shall have exclusive control and direction of themselves and theiremployees. Neither these terms nor the acknowledgment thereof (nor anything else relatedto Third Party Drivers’ use of the ConcreteDirect application) shall be interpreted or construed as creating or establishing a relationship of employer and employee betweenThird Party Drivers and Holcim, or between Holcim and any employee, contractor, vendor,representative, or agent of Third Party Drivers.
CONTACT
If you have any questions about these terms, please contact your supervisor. Please acknowledge you have received and read this notification. Providing the phonenumber of your personal mobile phone to Holcim will also constitute a validacknowledgement of this notification.
[20 October 2021]