Why is it beneficial to enter into a civil contract with a driver?

The specifics of a driver’s work include a number of features related to the nature of the activity, irregular working hours, an individual regime, and the passage of additional medical control. Individual agreements must reflect the specifics of the activity. An employment contract with a driver (truck driver, forwarder, taxi driver, passenger car driver, etc.) must contain information about the work and rest schedule, the mechanism for determining wages, taking into account the specifics.

Labor function and place of work

An employer can issue an order to hire a driver using a special T1 form, but has the right to use the order in its own form.
In the latter case, it is necessary to include in the order such information as: last name, first name, patronymic of the employee, name of the department, position, probationary period (if any), salary amount, date/number of the employment contract on the basis of which this order is drawn up.

Then the order is signed by the director, and within 3 days the new employee must be familiarized with it. At the end of the order the driver must put his signature.

The HR specialist must familiarize the employee, against signature, with the instructions on labor protection, internal labor regulations, regulations on material incentives for employees and the use of his personal data, etc.

Features of labor relations in the field of transport are established by Ch. 51 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) and many by-laws.

Note! When intending to conclude an employment contract with a driver, the employer is obliged to make sure that the candidate for this position meets all the requirements.

Thus, for drivers of cars, buses, trolleybuses, trams, by order of the Ministry of Transport of the Russian Federation dated September 28, 2015 No. 287, Professional and Qualification Requirements (hereinafter referred to as the Requirements) were approved, which must be taken into account by the employer when hiring a driver. Let's highlight the most significant:

1. Availability of a national driver's license for the right to drive the vehicle with which the driver's work will be associated. For a passenger car, including a taxi, this is category B, BE; for cargo - category C, C1, CE, C1U; for a bus - category D, D1, DE, D1E; for a trolleybus - category Tb; for tram - Tm.
2. Availability of the necessary experience for certain categories of drivers. Thus, according to clause 4.4 of the Requirements, a taxi driver must have at least 3 years of driving experience. A bus driver transporting children must have at least 1 year of experience driving a bus within the last 3 years (clause 6.4 of the Requirements). The length of service is confirmed by a work book.
3. Absence of administrative penalties in the form of deprivation of rights or arrest for violations of traffic rules over the past year for a number of drivers. For example, transporting groups of children, dangerous goods, etc.

The employment contract with the driver as a whole fully complies with the generally accepted form (Article 57 of the Labor Code of the Russian Federation). However, a number of its essential conditions are quite specific. Let's look at the main ones.

The contract must clearly state the driver’s job function in accordance with the job description. The characteristics of the goods transported (dangerous, large, etc.) and passengers (organized groups of children) must also be specified in the contract. If the employee’s duties, in addition to driving and transportation, include documentary support of goods, shipping and loading of goods, settlements with counterparties and other similar functions, then his labor function corresponds to the position of a forwarding driver. We will consider the features of an employment contract with a forwarding driver below.

It is possible to combine the driver function with adjacent ones. For example, in addition to transportation, he may be entrusted with the responsibility to monitor the technical condition of the vehicle and carry out its repairs.

It is not always easy to determine the place of work in a contract with a driver, since he spends most of his working time on the road. It is necessary to indicate the location of the employing organization, emphasizing the traveling nature of the work, and also determine the type of vehicle that the driver will drive.

Conditions of remuneration of the Employee

3.1. For the performance of labor duties, the Employee is set an official salary in the amount of ________________ (________________) rubles per month.

3.2. The employer sets additional payments, allowances and incentive payments. The amounts and conditions of such additional payments, allowances and incentive payments are determined in the Regulations on Bonuses for the Employee (approved by the Employer “__” ____________ ____), which the Employee was familiarized with when signing the contract.

3.3. If the Employee, along with his main job, performs additional work in another position or performs the duties of a temporarily absent employee without being released from his main job, the Employee is paid an additional payment in the amount established by an additional agreement of the parties.

3.4. Overtime work is paid for the first two hours of work at one and a half times the rate, for subsequent hours - at double the rate. At the Employee's request, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

3.5. Work on a day off or a non-working holiday is paid in the amount of a single part of the official salary per day or hour of work in excess of the official salary, if work on a day off or a non-working holiday was carried out within the monthly standard working time, and in the amount of a double part of the official salary per day or hour work in excess of the official salary, if the work was performed in excess of the monthly working hours. At the request of an Employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.

3.6. The Employee's wages are paid by issuing cash at the Employer's cash desk (by transferring to the Employee's bank account) every half month on the day established by the internal labor regulations.

Interview

When hiring a driver, certain requirements are imposed and tests are carried out and questions are asked.

The purpose is to check whether the driver’s qualifications correspond to the position. The driver must have a certificate of passing a medical examination and a driver's license of the appropriate category.

Pay attention to the driving experience (it can be easily tracked using the work book): if an employee is hired for this position for the first time or is transferred to another type of vehicle, and also has a break in this work activity for more than a year, he needs to undergo an internship in the organization.

Having examined the documents confirming that the candidate for the position of driver meets all the listed requirements, the employer is obliged to conduct an interview with him. This is done orally or in writing (in the form of testing), and the results are documented on a special interview sheet, which the employer must keep for 5 years (clauses 10–11 of the Procedure).

During the interview, the employer must not only make sure that the candidate has a driver’s license and medical certificate, but also check that he has the necessary knowledge.

At the same time, drivers are required to have knowledge of both traffic rules and related areas. For example, all categories of drivers are required to have basic skills and knowledge about the procedure for providing first aid to victims in the event of an accident and extinguishing a fire. The bus driver must have the skill to check the technical condition of the bus, be able to ensure and control the boarding and disembarkation of passengers, placement of luggage, etc. (clause 6.2 of the Requirements).

If the interview results are satisfactory, the driver is hired. An employment contract with him must be signed within 3 days from the date of admission.

Features of applying for a driver's job

When hiring a citizen, in addition to the standard package of papers, additional documents are required.

The documentation package includes:

• passport;
• employment history;
• SNILS;
• educational documents;
• military ID;
• driver's license;
• health certificate from a medical institution.

Important! The type of transport the employee will travel on is taken into account. To drive a truck or bus, you must have category D and C licenses. Otherwise, he will not be able to drive the vehicle.

Driver medical examinations

Drivers of all categories must undergo a mandatory medical examination before being hired. In addition, inspections are carried out during work activity at a certain frequency (Part 1 of Article 213 of the Labor Code of the Russian Federation, Article 23 of the Law “On Road Traffic Safety” dated December 10, 1995 No. 196-FZ):

• at least once every 2 years as a general rule;
• Once a year for employees under 21 years of age.

Medical examinations are carried out by medical organizations upon referral from the employer in accordance with the Procedure for conducting mandatory preliminary and periodic medical examinations, approved. by order of the Ministry of Health and Social Development dated April 12, 2011 No. 302n (hereinafter referred to as the Procedure). The driver's health condition must meet the requirements listed in clause 27 of Appendix No. 2 and clause 48 of Appendix No. 3 to the specified order of the Ministry of Health of the Russian Federation.

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Note! The requirements for drivers are the same for everyone, regardless of the legal form of employers, and also apply to drivers who are in an employment relationship with individual entrepreneurs (clause 3 of the Procedure).

Rights and obligations of the Employer

6.1. The employer has the right:

change and terminate the contract with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

encourage the Employee for conscientious, effective work;

require the Employee to fulfill his job duties and take care of the property of the Employer (including the property of third parties owned by the Employer, if the Employer is responsible for the safety of this property) and other employees, and to comply with internal labor regulations;

bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws;

carry out certification of the Employee in accordance with the Certification Regulations in order to identify the real level of professional competence of the Employee;

carry out, in accordance with the Regulations on Labor Performance Assessment, an assessment of the Employee’s performance;

with the consent of the Employee, involve him in the performance of certain tasks that are not part of the Employee’s job responsibilities;

with the consent of the Employee, involve him in performing additional work in a different or the same profession (position) for additional pay;

adopt local regulations.

6.2. The employer is obliged:

comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, and the terms of the collective agreement (if any);

provide the Employee with work stipulated by the contract;

ensure safety and working conditions that comply with state regulatory requirements for labor protection;

Required documents

If the interview is successful, the driver must present the following documents to the employer:

1. passport;
2. insurance certificate (SNILS);
3. work book;
4. certificate of completion of a medical examination;
5. military ID (if you are liable for military service);
6. a document that confirms education/qualification (certificate, certificate, diploma);
7. driver's license with categories B, C, CE, C1, C1E (depending on the type of transport).

In addition, the driver must have a driver's card to operate the tachograph. If it is missing, then a person will be able to start work only after receiving it.

Driving a car without a card is punishable by a fine for both parties, so it is better for the employer to know what documents need to be completed when hiring a driver.

Contract form

In each specific case, an employment contract is concluded with the employee, which regulates the employee’s activities. Depending on the specifics of the enterprise, the type of car, and the duration of the employment agreement, the employer imposes certain requirements on the applicant. They are reflected in the text of the document.

The contract form is standard; a special clause is the one that stipulates additional requirements for the driver. Agreement points :

1. Title.
2. Conclusion date.
3. General provisions.
4. Rights and obligations of the parties.
5. Payment procedure.
6. Contract time.
7. Additional terms and conditions.
8. Responsibility of the parties.
9. Guarantees and compensations.
10. Change and termination of the contract.
11. Addresses and details of the parties.

The contract may contain information about the vehicle if the employer deems it necessary to include this information in the document.

Internship

Some categories of drivers can begin full-time work only after completing an internship (clause 13 of the Requirements), namely:

• those starting to work as drivers for the first time;
• those who have not worked in positions related to driving vehicles for more than a year;
• having experience working on other types of vehicles.

The internship takes place under the supervision of more experienced drivers selected by the employer. It consists of a theoretical part (instruction) and a practical one. The duration of the internship is also determined by management.

We recommend. Based on the results of the internship, an internship sheet is filled out, which records the number of hours of internship, comments to the new employee, permission to work independently and other important data.

About financial responsibility

In the sample employment contract with a truck driver, you can see the presence of a condition on the financial responsibility of the employee. It is immediately worth noting that the legislator allows the establishment of such a condition only when concluding agreements with employees whose duties include the transportation of any valuables, as well as their accounting, issuance or storage (truck drivers, forwarders, collectors and others). It is important to understand that in all other cases, the contract may also provide for conditions on financial liability, but it can be applied only in a limited form.

Recording in labor

The employee submits the work book to the personnel department at the time of hiring, where it is stored until his dismissal from the organization.

If this is the driver’s first job, then the HR specialist will have to fill out the title page of the book, that is, write in the indicated place the employee’s first name, patronymic, last name, date of birth and information about education (specialization). Then we proceed to filling out the work book itself.

If this is not the first entry, then we indent exactly one line from the previous one. Column 3 contains the full name of the organization. Then, in the line below, write the name of the department (if there is one) and the title of the position.

You should not write “hired as a driver.” According to the All-Russian Classification of Occupations of Working Positions, Clerks and Tariff Classes, drivers of any vehicles belong to the profession of workers, and not to the positions of employees. It would be correct to write “accepted as a driver” or “accepted as a driver.”

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In the same line, column 1 indicates the number of the entry in order, in column 2 - the day, month and year of the entry (usually this is the date of conclusion of the employment contract, but possibly also the date from which the contract comes into force). In column 4 you must indicate the date and number of the employment order.

After entering all the data, the employer certifies the entry with his seal and signature.

Only after all the above points have been fulfilled, the employee is considered employed and his salary is calculated.

Any employment contract specifies only essential information. The employment contract must be accompanied by a job description that clearly outlines all the driver’s responsibilities.

Rights and obligations of the Employee

5.1. Job responsibilities of the Employee:

5.1.1. Complies with internal labor regulations, labor discipline, labor protection and occupational safety requirements.

5.1.2. Treats with care the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees.

5.1.3. Immediately notifies the Employer of the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property).

5.1.4. Complies with local regulations related to his activities adopted by the Employer.

5.1.5. By order of the Employer, he goes on business trips in Russia and abroad.

5.1.6. Driving all types of passenger cars.

5.1.7. Refilling the vehicle with fuel, lubricants and coolant.

5.1.8. Checking the technical condition and receiving the car before leaving, handing it over and placing it in the designated place at the end of working hours.

5.1.9. Delivery of a car at the request of the Employer.

5.1.10. Elimination of minor faults that arise during operation that do not require disassembling the mechanisms.

5.1.11. Keeping the vehicle clean and in working order.

5.1.12. ________________.

5.1.13. ________________.

5.2. The employee has the right to:

amendment and termination of the contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

providing him with work stipulated by the contract;

a workplace that meets state regulatory requirements for labor protection and the conditions provided for by the collective agreement (if any);

timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;

rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, provision of weekly days off, non-working holidays, paid annual leave;

complete reliable information about working conditions and labor protection requirements in the workplace;

professional training, retraining and advanced training in the manner established by the Labor Code of the Russian Federation and other federal laws;

association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;

participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement (if any);

conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement (if any), agreements;

protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;

resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code of the Russian Federation and other federal laws;

compensation for damage caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;

compulsory social insurance in cases provided for by federal laws.

Working and rest time schedule

When concluding an employment contract with a driver, close attention should be paid to the wording of the conditions on the working hours (Part 2 of Article 329 of the Labor Code of the Russian Federation).

Regarding the work schedule of car drivers, the Regulations approved by Order No. 15 of the Ministry of Transport of the Russian Federation dated August 20, 2004 (hereinafter referred to as Regulation No. 15) apply.

Important! The employment contract with the car driver must contain an indication of the work schedule, approved by the manager, taking into account the opinion of the representative body of employees.

The schedule must take into account the following standards:

1. The driver's working time is no more than 40 hours per week and 8 hours per day with a 5-day work week, 7 hours per day with a 6-day week. Summarized accounting of working time with a period of 1 month is allowed. In this case, the working day cannot be more than 10, and in some cases 12 hours (clauses 7–8, 12 of regulation No. 15). If the flight lasts 12 hours or more, two drivers are sent on it.
2. It is allowed to establish irregular working hours for drivers of passenger cars, as well as drivers whose work is related to geological exploration and survey work (clause 14 of regulation No. 15).
3. Drivers are given a break after the first 4 hours of work, and then every 2 hours for 15 minutes (clause 19), as well as a lunch break in the middle of the shift from 30 minutes to 2 hours (clause 24).

Note! Recruitment to work on weekends and holidays is carried out according to the general rules of Art. 113 of the Labor Code of the Russian Federation with the written consent of the employee.

Traveling nature of work

If the employer decides to establish a special nature of work for the employee, then a provision about this must be included in the employment contract. However, employers should remember that it is necessary not only to include in the employment contract a condition on such specifics of performing work duties, but also to approve a list of employees with this type of work, as well as the conditions for reimbursement of expenses incurred on work trips.

• a list of professions and positions of employees who have a traveling nature of work;
• a list of documents that must be completed during the traveling nature of the work;
• the amount of additional payments and compensation for the special nature of the work;
• other issues related to the traveling nature of the work.

Employment contract between individual entrepreneur and truck driver

The most important section in an employment contract with a driver is the section that defines the procedure for calculating and paying remuneration for labor. It is necessary to indicate by what system the payment is made: time-based, piece-rate, etc.

We recommend. Most often, drivers are on a tariff system (salary), but piecework payment options are also common, when wages depend on the amount of work performed. The payment system also includes additional payments for overtime work, for work on weekends, holidays, at night and other required supplements. In any case, the salary received per month should not be lower than the minimum wage if the employee fulfills the labor standard.

Taking into account the traveling nature of the work, in addition to salary, the driver also has the right to count on compensation for expenses incurred in the performance of official duties (Article 168.1 of the Labor Code of the Russian Federation), subject to their confirmation by documents. This applies to a greater extent to drivers traveling long distances. Such expenses, in particular, include expenses for gasoline, living away from home and other expenses incurred with the consent of the employer.

Note! Compensation for the above costs is not included in the salary and is not subject to taxation (clause 4 of the Review of the practice of consideration by courts of cases related to the application of Chapter 23 of the Tax Code of the Russian Federation, approved by the Presidium of the Armed Forces of the Russian Federation on October 21, 2015).

The content and terms of such a document depend on the specifics of the duties performed and are regulated by Art. 77 of the Labor Code of the Russian Federation. In this case, the individual entrepreneur acts as an employer, therefore he is subject to the same requirements as legal entities hiring personnel.

An entrepreneur must know the specifics of hiring drivers who drive different types of vehicles. For such workers, there is a standard contract containing standard clauses.

However, depending on the type of activity and other nuances, additional conditions may be included in the document. Experts from various outsourcing services, such as Glavbukh Assistant, will help you follow all the nuances of maintaining personnel records. They will also be able to take charge of accounting and submitting reports to the Federal Tax Service.

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The delivery driver is required to provide a driver's license authorizing him to drive a truck. Data on rights must be included in the contract.

For the bus driver, the document indicates the license category “D” and describes in detail the features of driving the vehicle.

If a driver with a personal car is hired, then in addition to the standard employment agreement, another contract is concluded with him, fixing the fact of renting his car.

The employment contract with the taxi driver stipulates the conditions of irregular working hours and the possibility of using electronic systems to search for orders.

When hiring a truck driver who works on international routes, his employment contract must comply with the norms of international law. Therefore, the employer is obliged to familiarize the employee with important documents in advance:

• International Convention on Road Traffic (Geneva, 1949);
• European Agreement on Main International Traffic Arteries (AGR, 1975);
• Geneva TIR Convention (1975);
• the CMR Convention (1961);
• European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR);
• Convention on Road Traffic (Vienna, 1968).

These international legislative acts regulate the rules for the transportation of various types of goods, road traffic and requirements for vehicles established in the territory of another state. Depending on the specifics of international transportation, important adjustments are made to the employment contract to allow control over the driver’s activities.

The document states:

1. The driver has the right to take 50-minute breaks between trips lasting more than 5 hours.
2. The maximum number of hours spent on the road for one flight is no more than 9; compulsory 12-hour rest.
3. The obligation to have accompanying documents with you: a license for the vehicle and cargo.
4. Obligation to use an international driving license.

In the case of international transportation, the employee is required to undergo an interview on knowledge of traffic rules (traffic rules) outside the Russian Federation.

The standard form with the participation of an individual entrepreneur is practically no different from the procedure for conclusion on the part of the organization. If an individual entrepreneur acts on the basis of all mandatory rules for conducting such activities, then a separate example of a standard agreement must be concluded with each hired employee.

In this case, the individual entrepreneur will act as a formal employer, so the example agreement must be concluded in accordance with all the rules outlined in Art. 77 Labor Code of the Russian Federation.

Therefore, an employment contract with a truck driver, if there is an individual entrepreneur as an employer, must contain the following elements:

• the conclusion must be made only in written form;
• general provisions (in the form of an initial section);
• rights and obligations;
• procedure and scheme for payment of remuneration;
• validity period (if the agreement is urgent, then the deadline for the person’s work is prescribed);
• termination options;
• general information on individual entrepreneurs;
• final provisions.

An example form may also contain some information about transport, if this transport belongs to a formal individual entrepreneur. If this is the employee’s personal transport, then such information is not indicated in the sample form.

Readers are also encouraged to review a sample truck driver job description.

The structure of the sample form will vary significantly, depending on whether it is a fixed-term/indefinite-term agreement, whose ownership is the conditional transport, who is the other party to the legal relationship (individual entrepreneur/organization) and what main responsibilities are assumed by the driver and the employer.

The form of an employment contract with a truck driver must contain all the designated elements, with the possibility of adding optional items that the individual entrepreneur and the driver must first agree on.

This form of the form assumes a certain duration of the concluded legal relationship. In this case, the sample must indicate the period, with a possible definition of prolongation.

This urgent form must also include the procedure for driving a vehicle, if it is owned by a conditional individual entrepreneur.

If we talk about a typical example of such a form, then it will be suitable for all specialized cases. If desired, the parties can add their personal wishes/requirements to it.

Initially, this form also applies to fixed-term relationships, only here the validity period is simply added to the mandatory structural elements.

Agreement on the provision of paid driver services

2.2.1. Transfer the car and relevant documentation to the Contractor on the basis of the acceptance certificate signed by the Parties, which is an integral part hereof.

2.2.2. Pay the cost of the Contractor's services in the amount, manner and terms established by this Agreement.

2.3. The Customer has the right to refuse to fulfill this by notifying the Contractor for ________________, subject to payment to the Contractor for the cost of the services actually rendered by him.