Job responsibilities of a forwarding driver - how to draw up instructions

There is no clear definition of traveling work in labor legislation. How to determine whether a job is traveling in nature? The employer has the right to independently decide on the definition of certain types of work as traveling. In practice, the traveling nature of work means work that requires constant or very frequent movement of the employee between populated areas and territories of organizations. For example, it is logical to establish a traveling nature of work for drivers or couriers. Thus, activities with a traveling nature include work that:

• carried out on the way;
• expeditionary nature;
• carried out in the field;
• involve very frequent or constant travel.

Regulatory regulation

All major issues related to the conclusion of an employment contract between an employer and a truck driver are regulated by the content of the Labor Code of the Russian Federation. It is in its chapter 51 that the general features that should be followed when hiring an employee to drive vehicles over short and long distances (as in the case of truck drivers) are indicated.

It is important to note that certain rules regarding the employment of truckers may be specified in local regulatory acts in force at a particular enterprise (collective agreements, regulations, etc.).

HOW TO CORRECTLY DETERMINE THE NATURE OF YOUR EMPLOYEES’ WORK

In case of non-payment of an allowance to an employee for a position provided for in a local act that regulates additional payments and allowances for work with a traveling nature (that is, expenses provided for in Article 168.1 of the Labor Code of the Russian Federation), there may be a risk of the employee filing a claim in court for additional accrual and recovery of the allowance for the traveling nature of the work for the functions actually performed

.

Also read: Can you be arrested for failure to pay a traffic fine?

The legislator does not imperatively assign the nature of work to specific professions or positions, but gives employers the right to independently determine in their local act (collective bargaining agreement, agreement) the work of which employees, due to their labor functions, job responsibilities, is traveling in nature, the nature of work on the road or mobile character. It is noteworthy that the established gradation will only apply within the specified specific enterprise. For another employer, the same jobs or positions may be classified (or not classified) as other types of work.

General requirements for truck drivers

It is important to note that, in accordance with the general requirements, uniform requirements are put forward to all persons applying for the position of truck driver, some of which are rather advisory in nature, but their compliance ensures the safety of not only the employee himself, but also those around him of people. These requirements include the following:

• the person undergoes professional selection;
• availability of a diploma of completion of specialized training;
• availability of a medical examination (a certificate of completion is required upon each assignment to perform official duties).

As for the recommendatory requirements, these include an accident-free driving record, as well as extensive experience working with him (especially if you plan to travel long distances or over difficult terrain). The absence of bad habits is also a positive quality of a future driver.

Features of the profession

Vacancies for the position of delivery driver do not contain an extensive list of requirements for candidates. However, not every person who knows how to drive a car can do such work.

The specific features of this profession are the following:

1. 
   The forwarder not only manages the vehicle, but is responsible for the cargo being transported.

2. He is directly involved in the acceptance and delivery of cargo.
3. The forwarder examines the cargo delivery note and checks compliance with the requirements.
4. The specialist is directly involved in unloading the vehicle to monitor the safety of the cargo.

Such features determine the differences between freight forwarders and ordinary truck drivers. Therefore, more stringent requirements are imposed on such employees. Most enterprises provide a probationary period during which the candidate must confirm compliance with qualifications.

Features of truck driver registration for work

It is important to note that labor legislation provides for certain specifics regarding the employment of truckers. First of all, when drawing up an agreement, it is important to pay attention to the features of the type of transport on which the tasks assigned to the employee will be performed, as well as the subtleties of its management and the distance.

On the other hand, the peculiarities of drawing up a contract are that in a number of terms of the contract, certain features regarding remuneration and financial liability must be observed. Let's explore this in more detail.

Features of working as a freight forwarder using personal transport

Not all trading companies have a sufficient number of vehicles for delivering goods, and therefore often hire drivers with their own cars. But, despite the widespread prevalence of this practice, not all transport owners know what obligations fall on the employer in this case. A delivery driver with his own car should receive compensation for the fact that the company for which he works uses his personal car. The amount of compensation is based on the following components:

• covering refueling costs;
• depreciation;
• technical inspection;
• current car repairs.

Usually these are fixed accruals that are agreed upon when applying for a job. The calculation of these payments can be seen in the salary statement that the forwarding driver receives. The national average salary for workers in this area is 75 thousand rubles. The minimum that drivers agree to is 30 thousand rubles, the maximum is 120 thousand rubles.

Subtleties of the document

It is worth noting that in the process of concluding an employment contract between an individual entrepreneur and a truck driver (based on the model), it is important for the employer to adhere to certain rules. It is also important to know and observe some of the subtleties in this process.

First of all, it is worth paying attention to the fact that the agreement can be either fixed-term or indefinite - this factor is determined at the discretion of the parties and, depending on the circumstances. The document must be submitted on paper and have the signatures of both parties.

Let us next consider some of the subtleties of drawing up an employment contract with a truck driver, a sample of which is presented in this article.

Fixed-term employment contract with a truck driver features

An employment contract with a certain period of validity has its own characteristics. A fixed-term agreement can have a maximum term of five years. And if an urgent document was concluded, then the end of the term may be added to the list of possible reasons for dismissal. However, a fixed-term agreement can be seen less frequently in practice, because employers need to have a compelling reason to conclude it. And such a reason is often the temporary forced absence of the main driver.

As for the workers driving trucks, their activities also have their own characteristics. Under any circumstances, they are financially responsible persons when driving a car. Therefore, compensation for damage in the event of damage is included in the liability section. The schedule for representatives of this position is developed individually. If a person travels long distances, appropriate rest must be provided, as required by safety regulations.

Why you don’t need to indicate a specific place of work

Based on the provisions of the Labor Code, the place of work is one of the essential conditions of the concluded agreement, however, in the case of concluding a contract with a truck driver, many employers and legal advisers working at enterprises have a question about what place to indicate in the text of the contract, because the specifics of the work include the driver is constantly on the move.

It is worth noting that many experts in the field of labor law often recommend not indicating the place of work in the body of the contract. This is due, first of all, to the fact that the driver’s route may change regularly, making it simply impossible to indicate a specific location. If this recommendation is not followed, you will have to regularly make changes to the contract, which complicates the work.

What to do in this situation? Practice shows that in the case of a traveling nature of the work, the employment contract with a truck driver can only indicate the actual location of the employing company (or individual entrepreneur) - labor legislation does not prohibit this.

Employment contract for a truck driver

Employment contract with the driver

An employment contract with a driver has a number of features.

In addition to the general provisions of the Labor Code of the Russian Federation, legal relations arising between an employer and a driver are also regulated by other legal acts (for example, the Regulations on working hours and rest periods for car drivers). When hiring, you must present a number of documents. In addition to standard documents, the driver must also present additional documents.

Features of drawing up an employment contract with a driver

The law establishes that when employing a new employee, the company’s management is obliged to conclude an employment contract with him.

Each profession has its own specific features that must be taken into account when documenting an employee for a position. There are general points established by regulations for absolutely everyone.

But due to the specifics of the work, the range of job responsibilities for each qualification is individual.

What kind of agreement can be concluded with drivers (for example, free use) and what clauses should be included in it so that responsibility for the vehicle rests with the drivers (in case they commit an accident, collision, theft, etc.) and to protect the father from unlawful actions of drivers ?

Under a lease agreement for a vehicle without a crew, the lessor provides the lessee with a vehicle for a fee for temporary possession and use without providing services for its management and technical operation.

A car rental agreement is usually drawn up in simple written form.

This is a document that establishes the relationship between the lessee and the lessor regarding the use of the car. The rental agreement must necessarily describe: A car rental agreement may be non-payment, but only between private individuals and in this case it is called a loan.

When transferring a car for rent and returning it to the contract, acceptance certificates must be drawn up.

Samples and forms of documents

The list contains travel forms for both legal entities and individual entrepreneurs.

All forms are accepted by the regulatory documents of the State Statistics Committee and the Ministry of Transport.

In addition to the general description and filling procedure, samples are presented in Word and Excel formats, available for free download. The forms are grouped by type of vehicle and by the nature of accounting.

They are used to display data on the mileage of passenger cars, indications of residues and fuel consumption along the route. Organizations use form No. 3; for individual entrepreneurs, form PL-1 was developed, but was subsequently abolished.

Additionally, data on transported cargo, operating time and customers are reflected. Form 4-P has a time-based accounting nature, and form 4-C has a piece-rate nature.

We draw up an employment contract with the driver

Legal subtleties of concluding an employment contract with a driver, taking into account the latest changes in 2021 and 2021

What you need to pay special attention to when hiring and drawing up a job description - about this in the material PPT.ru

Motor transport has advantages over other modes of transport in terms of flexibility and versatility; it best ensures reliability and timely delivery.

Rental agreement for a car (vehicle) without a crew

Here you can view and download a bareboat car rental agreement template for 2015 in a format convenient for you.

Remember that you can always get our legal assistance, including filling out this form, by contacting us at the phone numbers listed on the website. Citizen Ivanov Ivan Ivanovich (passport series 5472 No. 740152, issued on April 21, 2005 by the Danilovsky Department of Internal Affairs, Moscow), living at the address:

Hiring a driver: general and specific requirements for an employment contract

The employment procedure approved by Russian labor legislation provides for the mandatory execution of a number of documents, the main one of which is the agreement between the employee and the employer.

This agreement not only registers the fact of hiring, regulates working conditions, rights and obligations of the parties, but also includes nuances that depend on the specifics of the company in general and the characteristics of the future work of the hired employee in particular.

A few words about the employee’s qualifications

An individual employment contract for a truck driver must certainly contain data regarding the employee’s qualifications, and it must fully correspond to the level necessary to perform the tasks provided for in the agreement.

It is worth paying attention to the fact that the activity of this employee is related to driving a fairly large vehicle, which requires a certain level of qualifications. A citizen applying for a position must have the rights of the corresponding category, as well as a medical certificate confirming the successful completion of a medical examination.

Compilation rules

Despite the fact that it is not necessary to draw up instructions, such a document is drawn up in strict accordance with established standards.

Main requirements:

• the presence of a well-formulated labor function;
• determining the qualifications of workers;
• establishing an obligation to maintain and improve qualifications;
• indication of the grounds for liability;
• inclusion of justification for reimbursement of expenses.

The document requires a clear structure. The employer has the right to supplement the document if the changes made do not contradict the norms of labor legislation.

Table 1. List of main points.

The document must be approved by a lawyer. He checks it for compliance with current legislation. After this, a copy of the instructions must be provided to all departments of the enterprise with which the employee will interact.

Watch the video about the features of the work:

Terms of payment

It is worth noting that, based on Russian labor legislation, any work done, stipulated by an agreement concluded between the parties, must be paid. The work of truck drivers is no exception. What features does this condition have? Let's look at them in more detail below.

First of all, it must be taken into account that, in most cases, the work of drivers is irregular. In this regard, experts in the field of labor law recommend that employers provide in their agreements the terms of payment for work on weekends and holidays, as well as at night, and even in cases where overtime work is required.

Experts strongly recommend specifying in the contract a specific payment system provided for a specific driver. Practice shows that in reality, a time-based or piece-rate system is often chosen; less often, a non-tariff method is determined. The possibility of accruing allowances and the cases in which they occur are also determined by the content of the employment contract with the forwarding driver (and trucker), a sample of which can be studied in this article.

Five in one

The resume of a delivery driver usually contains several points in which the applicant for the position indicates his skills and abilities. A professional freight forwarder is a “universal soldier” who can do completely different jobs:

1. Driver. Each enterprise puts forward its own requirements for this point, but having a driving license is a natural and main condition set before the applicant. A person must have been driving for at least two years, and he should not have problems with law enforcement officers regarding traffic violations. More often than other companies, they require a category “B” forwarding driver. In this case, the employee only needs to be able to drive a passenger car, and, most likely, he will transport small loads over short distances.
2. Logistician The forwarder knows the territory entrusted to him better than any office employee, so he must be able to rationally plan his route in order to save the employer’s time and money.
3. Courier. The transfer of cargo from hand to hand from the warehouse to the client and the corresponding documentation of this process are also included in the list of responsibilities of the forwarder.
4. Commodity expert. A person involved in the distribution of products from a warehouse must navigate the assortment of his company and avoid making mistakes during loading and unloading of goods.
5. Mechanic. For any driver, it will be an advantage to understand the structure of the car, as well as the ability to troubleshoot basic problems in the vehicle entrusted to him.

There are other requests placed on freight forwarders. We will talk about them in more detail a little further.

About the intricacies of the work schedule

Another important condition of the type of contract under consideration is the establishment of a work schedule. It is worth noting that it must be established in accordance with the requirements presented in the contents of not only the Labor Code, but also the order issued by the Ministry of Transport of the Russian Federation (No. 15 of August 20, 2004).

The body of these regulatory acts states that the driver’s work schedule must be determined in strict dependence on the vehicle’s schedule. The law sets a maximum duration for the period during which any employee can perform his duties - no more than 40 hours per week (hence - no more than 8 hours per day with a five-day work week). Practice shows that to ensure timely delivery of goods by truckers, employers quite often use a system of summarized working time recording. But at the same time, the employee’s working day should not exceed 10 hours (in extreme cases, it can be increased to 12 hours a day).

The terms of the work schedule, as well as its main subtleties, must certainly be presented in the content of the employment contract with the truck driver, a sample of which can be studied in the article.

Features of work and rest of car drivers

“Personnel Department”, 2009, N 3

Features of work and rest of car drivers

Almost every organization uses cars in its activities. Drivers of vehicles transport people and goods. Since any road transport is a source of increased danger, it is very important for the management of the organization to observe the work and rest schedules of drivers. Features of labor regulation for transport workers are established by Art. Art. 69, 213, ch. 51 Labor Code of the Russian Federation. In the article, we will look in more detail: are there any restrictions on driving time, how much time should a driver rest, whether drivers can work part-time, and some other issues.

Recruitment

The hiring of drivers is regulated by Art. 328 of the Labor Code of the Russian Federation, which obliges to undergo professional selection, training and preliminary medical examination (examination) in the manner established by the federal executive authorities exercising the functions of developing state policy and legal regulation in the field of transport and healthcare.

In addition to the Labor Code, rules on the specifics of hiring drivers can be found in other regulations:

- in Art. Art. 23 and 26 of the Federal Law of December 10, 1995 N 196-FZ “On Road Safety”;

- in Art. 21 Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens dated July 22, 1993 N 5487-1.

In accordance with Art. 65 of the Labor Code of the Russian Federation, when hiring a driver, in addition to the documents established by this article, he is obliged to present a driver’s license for the right to drive a vehicle of the appropriate category, which confirms his professional training.

Attention! Driver's licenses provide for five categories of vehicles: A - motorcycles, B - cars up to 3.5 tons, the number of seats in which, in addition to the driver's seat, does not exceed 8, C - trucks over 3.5 tons (except for buses ), D - buses that have, in addition to the driver's seat, more than 8 seats, E - combinations of vehicles.

Sometimes a driver with certain qualifications or experience is required, for example for passenger transport. To confirm them, you can refer to entries in the work book, certificates from previous places of work, certified copies of orders or employment agreements (contracts). In addition, driving experience is confirmed by the same driver's license.

If an employee refuses to undergo a preliminary medical examination or provide documents confirming his professionalism, you can safely refuse admission - in this case, your refusal will be justified (Article 64 of the Labor Code of the Russian Federation).

About medical examinations

In addition to the certificate, the employer is obliged to require a medical certificate of suitability to perform work related to driving a motor vehicle.

Moreover, during the course of their work, drivers are required to undergo periodic medical examinations. The procedure and frequency of such examinations are regulated by Orders of the USSR Ministry of Health dated September 29, 1989 N 555 “On improving the system of medical examinations of workers and drivers of individual vehicles” and the Russian Ministry of Health and Medical Industry dated March 14, 1996 N 90 “On the procedure for conducting preliminary and periodic medical examinations of workers and medical regulations for admission to the profession."

A pre-trip medical examination is carried out to identify persons who, for medical reasons, cannot be allowed to drive a car from the standpoint of both ensuring road safety and protecting the health of the driver and passengers. Pre-trip medical examinations are carried out only by medical personnel who have the appropriate certificate. In this case, the medical institution must have a license. When admitted to a flight, the waybills are stamped “Passed a pre-trip medical examination”, the date and signature of the medical worker who conducted the examination <1>.

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<1> Read more in the article “On medical examinations of drivers” in No. 1 of the HR Department magazine for 2009.

Since road transport is a source of increased danger, workers operating it must undergo a mandatory psychiatric examination every five years in accordance with Art. 213 Labor Code of the Russian Federation. This article also establishes that employees engaged in work related to traffic undergo mandatory preliminary and periodic medical examinations at the expense of the employer.

Employers must not only organize mandatory medical examinations of drivers, but also carry out activities with the participation of medical workers to improve drivers’ skills in providing pre-hospital medical care to victims of road accidents.

Attention! If an employee evades medical examinations or fails to comply with recommendations based on the results of examinations, the employer is obliged to prevent him from performing his job duties and to remove him from work (Article 76 of the Labor Code of the Russian Federation).

We conclude an employment contract

After all the necessary documents have been collected and studied by the HR employee, an employment contract is concluded. In addition to the conditions provided for in Art. 57 of the Labor Code of the Russian Federation, to be included in the employment contract, it is necessary to take into account some features.

Most often, difficulties arise with determining the place of work, since the work of drivers is mainly of a mobile or traveling nature. In such cases, we recommend indicating the location of specific facilities where the employee will work, and in case of mobile work, the territory served by him. The next question that arises is: is it necessary to indicate the name and make of the car in the employment contract? We answer. You can indicate a specific make of car if the driver will work only on a specific car and is not expected to move it to another car. If there is a possibility of replacing the car, it is better not to specify the make of the car, otherwise you will have to enter into an additional agreement to the employment contract on the use of another vehicle.

Driver's working hours

The work and rest regime of transport organization employees must comply with labor legislation. The Ministry of Transport, in Order No. 15 <2> dated August 20, 2004, approved the Regulations on the specifics of working hours and rest periods for car drivers. This Regulation applies to all drivers, except for drivers engaged in international transportation, as well as those working as part of shift crews with a rotational method of organizing work.

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<2> Order of the Ministry of Transport of Russia dated August 20, 2004 N 15 “On approval of the Regulations on the peculiarities of working hours and rest time for car drivers.”

In accordance with clause 6 of the Regulations, the driver’s working time should be understood as the time during which the driver must perform his job duties in accordance with the terms of the employment contract, the internal labor regulations of the organization and the work schedule (shift). Clause 15 of the Regulations includes during working hours and other periods:

— breaks for rest from driving on the way and at final destinations;

- performing work before leaving the line and after returning from the line, and for intercity transportation - at the turnaround point or on the way (at a parking place) before and after the end of the shift;

— conducting a medical examination of the driver before leaving the line and after returning from the line;

— parking at loading and unloading points, at passenger pick-up and drop-off points, at places where special vehicles are used;

— downtime not due to the driver’s fault;

— carrying out work to eliminate operational malfunctions of the serviced vehicle that arose during work on the line, which do not require disassembling the mechanisms, as well as performing adjustment work;

— protection of cargo and vehicle while parked at final and intermediate points during intercity transportation, if such duties are provided for in the employment agreement (contract) concluded with the driver;

- presence in the car when he is not driving the car, when sending two drivers on a trip.

Normal working hours for drivers cannot exceed 40 hours per week. Driving time during a daily work period (shift) cannot exceed 9 hours. When transporting heavy, long and large cargo, a shift cannot exceed 8 hours.

In cases where the normal weekly or daily working hours cannot be observed, drivers should be provided with a summarized recording of working hours (Article 104 of the Labor Code of the Russian Federation) with a recording period of one month. With cumulative accounting of working hours, the duration of daily work (shift) can be increased to 10 hours, but no more than twice a week, while the total duration of driving for two weeks in a row cannot exceed 90 hours (clause 17 of the Regulations).

Attention! The employer has the right to increase the duration of daily work to 12 hours for drivers working on regular city and suburban routes, in accordance with clause 11 of the Regulations.

By virtue of clause 3 of the Regulations, these features must be taken into account when drawing up work schedules (shifts) for drivers, which are approved by the employer taking into account the opinion of the representative body of employees. Such schedules must be drawn up for all drivers for each day (shift) and brought to their attention no later than a month before implementation. The schedule must reflect the time:

— the beginning and end of the shift, as well as its duration;

— breaks for rest and food;

- daily (between shifts) and weekly rest.

Overtime work for drivers is permissible, but taking into account the provisions of Art. 99 Labor Code of the Russian Federation. When recording working hours in total, overtime work during a working day (shift) together with work according to the schedule should not exceed 12 hours, except for the cases provided for in paragraphs 1, 3, part 2 of Art. 99 of the Labor Code of the Russian Federation, namely:

- if it is necessary to perform or complete work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed or completed during the working hours established for the employee, if failure to perform (non-complete) this work may lead to damage or destruction of the employer’s property (in including property of third parties located at the employer, if the employer is responsible for the safety of this property), state or municipal property or create a threat to the life and health of people;

- to continue work if the replacement employee does not show up, if the work does not allow a break.

In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee.

Can drivers work part-time? Article 329 of the Labor Code of the Russian Federation states that employees whose work is directly related to driving vehicles or controlling the movement of vehicles are not allowed to work part-time, directly related to driving vehicles or controlling the movement of vehicles. The list of such jobs, professions, and positions was approved by the Government of the Russian Federation in Resolution No. 16 <3>.

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<3> Decree of the Government of the Russian Federation of January 19, 2008 N 16 “On approval of the list of works, professions, positions directly related to driving vehicles or controlling the movement of vehicles.”

For some drivers, the employer may set irregular working hours. He can do this only taking into account the opinion of the elected representative body of the organization’s employees. According to clause 14 of the Regulations, this operating mode can be established:

— drivers of passenger cars (except taxis);

- drivers of expedition vehicles and survey parties engaged in geological exploration, topographic-geodetic and survey work in the field.

Since the employer is obliged to provide healthy and safe working conditions and properly organize the work of employees, it is necessary to comply with the provisions of the above regulations, and also not to forget about the Inter-industry rules for labor protection in road transport <4>, which apply not only to car drivers, but also to employees of motor transport organizations, workshops, sites of other organizations providing services for maintenance, repair and inspection of the technical condition of vehicles (service stations, tire shops, garages, parking lots), as well as entrepreneurs transporting goods and passengers.

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<4> Approved by Resolution of the Ministry of Labor of Russia dated May 12, 2003 N 28.

Driver rest time

Drivers' rest time is regulated by the norms of the Labor Code of the Russian Federation and section. III Regulations. Weekly continuous rest must be at least 42 hours. The break time for rest and food and its specific duration are established taking into account the opinion of the representative body of employees or by agreement between the employee and the employer in the employment contract.

In accordance with Art. 111 of the Labor Code of the Russian Federation, all employees are provided with days off. With a five-day work week, employees are given two days off per week (both days off are usually given in a row), with a six-day week - one. But in transport companies that have established summarized recording of working time for drivers, it is allowed to set days off on different days of the week according to work schedules (shifts), and the number of days off in the current month must be no less than the number of full weeks of this month (clause 27 Regulations). You can attract a driver to work on his day off, but only taking into account the provisions of Art. 113 Labor Code of the Russian Federation. To do this, you need to issue an order or instruction and obtain the written consent of the driver.

Attention! In accordance with clause 28 of the Regulations, an employer on intercity transportation, when recording working hours in summary, can reduce the duration of weekly rest, but not less than 29 hours. On average for the accounting period, the duration of weekly continuous rest must be at least 42 hours.

Drivers working on non-working holidays is allowed in cases provided for in Art. 112 Labor Code of the Russian Federation. When recording working hours in aggregate, work on holidays established for the driver by the work schedule (shift) as working days is included in the standard working time of the accounting period.

Attention! The duration of daily (between shifts) rest, together with the break time for rest and food, must be no less than double the duration of work on the working day (shift) preceding the rest by virtue of clause 25 of the Regulations.

Let's explain. Daily (between shifts) rest is the time from the end of work until it starts on the next day (shift). The Labor Code does not regulate either its duration or the procedure for its provision. They are usually determined by internal labor regulations, shift schedules and depend on the length of working hours. That is, with an eight-hour working day, daily rest should be at least 15 hours (8 hours x 2 - 1 hour (lunch)).

When recording working hours in total, the duration of daily (between shifts) rest must be at least 12 hours, regardless of the break for rest and food.

For bus drivers working on regular city, suburban and intercity bus routes, with their consent, the working day can be divided into two parts. The break is set no later than 4 hours after the start of work and is provided in a place designated for parking buses and equipped for rest for drivers. The duration of such a break should be no more than 2 hours, excluding time for rest and food. This is stated in paragraph 13 of the Regulations.

You should also not forget about annual paid vacations. Since the Regulations do not mention anything about them, one should be guided by the norms of Art. 115 of the Labor Code of the Russian Federation and provide 28 calendar days. In accordance with Art. 116 of the Labor Code of the Russian Federation, employees of transport organizations have the right to additional paid leave for work under harmful and (or) dangerous working conditions, as well as for the special nature of the work. Resolution of the USSR State Labor Committee and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298/P-22 approved the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day. In accordance with this list, vacation is granted in working days, but the reduced working hours are not established.

According to the conditions of workplace certification, the employer can independently establish additional paid leave if working conditions at specific workplaces are considered dangerous, harmful or special. Decree of the Government of the Russian Federation dated November 20, 2008 N 870 “On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions” established that such vacation cannot be less than seven calendar days.

Individual protection means

In accordance with Art. 212 of the Labor Code of the Russian Federation, road transport workers have the right to receive workwear, shoes and other personal protective equipment. For employees of transport organizations, standard standards for issuing protective equipment are given in Appendix 8 to Resolution of the Ministry of Labor of Russia N 63 <5>. According to this Resolution, protective equipment must be provided:

- car driver;

— road transport dispatcher;

- road worker or foreman;

- bus conductor;

- gas station operator, etc.

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<5> Resolution of the Ministry of Labor of Russia dated December 16, 1997 N 63 “On approval of standard industry standards for the free issuance of special clothing, special shoes and other personal protective equipment to employees.”

The procedure for issuing protective equipment, as well as the rules for their use and storage, are determined by Resolution of the Ministry of Labor of Russia N 51 <6>.

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<6> Resolution of the Ministry of Labor of Russia dated December 18, 1998 N 51 “On approval of the Rules for providing workers with special clothing, special footwear and other personal protective equipment.”

Features of driver remuneration

Drivers' working time is paid taking into account all allowances and surcharges established by labor legislation - payment for overtime and night work, as well as work on weekends and non-working holidays. Please note that the Decree of the Government of the Russian Federation dated July 27, 2008 N 554 “On the minimum increase in wages for work at night” establishes that the minimum increase in wages for work at night is 20% of the hourly tariff rate (salary calculated for hour of work) for each hour of night work. A collective or employment agreement may provide for the payment of other bonuses, for example, for the mobile and traveling nature of the work or the intensity of work. When drawing up local regulations on the payment of drivers of passenger transport, it is necessary to take into account the provisions of the Federal Industry Agreement on Automobile and Urban Ground Passenger Transport for 2008 - 2010, registered on March 25, 2008 N 96/08-10 (Rostrud Letter dated March 25, 2008 N 1558-TZ ).

V.P.Yushchin

Journal expert

"Human Resources Department"

Signed for seal

20.02.2009

employment contract with a truck driver

About working conditions

Any employer must certainly remember that one of its main responsibilities assigned to it by labor legislation is to provide appropriate conditions for the employee to perform the agreed activities. It is important to note that these conditions must also be stated in the document.

It is worth noting that the main condition of an employment contract with a truck driver (a sample RK is presented in the article) is to indicate the safety of both the vehicle itself and the employee.

To ensure such a requirement, the law establishes the need for regular technical inspection by a vehicle mechanic (the frequency must be determined by the text of the agreement). Often, in order to avoid unforeseen situations, the concluded agreement provides for the imposition of a ban on the operation of work vehicles for personal purposes, outside working hours or without a waybill.

In addition to all of the above, the agreement must certainly provide for a certain rest regime for the employee.

Employment contract with delivery driver

The employee is paid the following additional payments: 3.5.1.

Work on weekends and non-working holidays is paid at double the rate, except for cases provided for by the law of the Russian Federation (Article 153 of the Labor Code of the Russian Federation). 3.7. The conditions and amounts of incentive payments from the Employer to the Employee are established in.

4.3. The Employee is financially liable both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of his compensation for damage to other persons. 5.2. In all cases, the day of dismissal of the Employee is the last day of his work.

6.1. During the period of validity of this employment contract, the Employee is subject to all guarantees and compensation provided for by the current labor legislation of the Russian Federation. 8.1. The terms of this employment contract are confidential and are not subject to disclosure. 8.2.

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.

Differences between documents

When compiling a production characteristic for transmission to the ITU to the driver and accountant, the organization’s letterhead is used. Both options are written in free form, using general recommendations for filling out.

Differences can be traced in the description of working conditions, the specifics and nature of the work.

For example, for a driver you can put a dash in the “mental load” section, but for an accountant this is the main point. There are differences in schedules, working conditions, harmfulness, danger to life and health, and description of the workplace.

For specialists of the expert medical commission, a well-drafted document facilitates the development of a rehabilitation program, allows you to correctly determine the category of disability, and, accordingly, make life as easy as possible for a person with disabilities.

For clarity of the above, we provide descriptions of the characteristics.

Per driver

• Information about the employee: Full name, full years.
• Company name, address.
• Department, direction, position, category.
• Fulfillment of plans, indicators, quality of work.
• Salary level for the current year.
• Working conditions.
• Causes, diseases affecting performance and performance of duties.
• Is it possible to transfer to a more gentle job or position?
• Absences due to illness, duration and reasons indicated.
• Date, signatures of officials, seals.

For an accountant

• Personal information about the employee, level of education.
• Name of the organization, legal address.
• Labor factors: conditions, environment, tasks performed.
• Tension and workload.
• Earnings for the last 12 months.
• Number of sick leaves, frequency, duration, reasons.
• Date of compilation, printing and signature of the manual.

In both cases, a standard filling template is used for both the accountant and the driver. It is filled out strictly point by point, with the obligatory indication that the characteristics are provided to the ITU FB bodies for the employee for examination and determination of disability.

To pass the ITU, you will also need other useful information. Read about:

• How are commission days paid?
• how to find out the solution and get results;
• how to write a pedagogical profile and how to pass the MSE for a child;
• How to pass the commission again.

Additional terms of agreement

It is important for any employer to understand that the presented sample employment contract with a truck driver (RB) is only the basis on which the agreement should be built. The advantage of this example is that its form and content are fully adapted to modern Russian legislation in the field of labor protection. It is important to note that, taking into account the traveling nature of the work, the sample employment contract with a truck driver can be supplemented with other conditions that fully ensure the proper performance of the duties assigned to him.

What may be included in the additional conditions? Depending on the specifics of the work, these may include requirements for:

• acceptance of goods from designated warehouses;
• checking the correctness of loading and unloading of goods;
• ensuring proper delivery of cargo to a specific destination;
• timely refueling of vehicles;
• ensuring proper conditions for parking the vehicle at the end of the work shift;
• control over maintaining the integrity of the container.

It is important to understand that an additional condition specified in the contract must be compliance with traffic rules during the entire period of performance of work duties.

Traveling work, on the road - and other types - what is the nature of the work in the employment contract

Another difference is the fact that the workplace is almost always located outside populated areas. Traveling work is usually carried out in cities and villages . Field conditions also include the construction of roads, electrical networks, gas and pipelines .

1. The work has a traveling nature.
2. Business trips are carried out in St. Petersburg and the Leningrad region.
3. If the trip is carried out outside of St. Petersburg and the Leningrad region, it will be considered a business trip.
4. Reimbursement of expenses is carried out upon presentation of a travel document, application and documents confirming expenses.

If the driver works on freight transport

As practice shows, most often the work of freight forwarders and truckers is carried out on freight transport and involves traveling over long distances. In this case, the agreement must certainly provide for the establishment of an irregular schedule, as well as the availability of certain compensations and guarantees for those cases when overtime is observed. The content of the agreement providing for the work of a truck driver on a truck must include the definition of conditions for the person’s rest.

The legislator notes that in order to drive a cargo-type vehicle, a truck driver hired must have licenses of categories C, CE, C1, C1E (depending on the intended work).

Job search

Delivery driver is considered a profession in demand. The demand for such specialists is not decreasing, especially in large populated areas.

A forwarder can work in:

• transport companies;
• postal services;
• large chain stores;
• companies supplying raw materials;
• sea, river ports, airports;
• logistics centers;
• large warehouses.

The list of enterprises that employ delivery drivers is very long. Current vacancies can be found on the Internet on message boards or special job search services.

A large number of requirements are placed on delivery drivers. These employees are assigned many responsibilities, which are prescribed in job descriptions and included in the employment contract. When hiring a forwarder, they are required to familiarize themselves with such instructions and also check him for compliance with his qualifications.

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If the driver works with a personal car

In some cases, the employer is looking for an employee who is a truck driver or forwarder with his own car. It is important to note that in such a situation, an additional transport rental agreement may be concluded between the parties. Lawyers recommend doing this to share responsibility for risks that may arise during the operation of the machine. Moreover, according to experts, in such a situation it is possible to fully reimburse the vehicle owner for its use during the performance of work duties (when purchasing spare parts, fuel, etc.).

How to write a resume for this position

Any employer, first of all, will be interested in the actual work experience of the applicant. Therefore, in the resume of a delivery driver it is necessary to indicate previous places of work (starting with the most recent). If the track record is long, you can limit yourself to positions similar to the one for which the candidate is applying. In addition, it is necessary to highlight separate blocks in your resume:

• description of your skills (documentation, ability to work with a navigator, knowledge of the route, clients);
• personal qualities and characteristics (decency, punctuality, responsibility, endurance, etc.);
• special skills (knowledge of foreign languages, understanding of the structure of a car).