Additional payment to drivers for irregular working hours and rules for calculating it

It is important for the driver to observe the work and rest schedule (WRO), not only because violations are subject to a fine. The consequences of violations of the regime - overwork and inattention - often lead to accidents on the roads. Izvestia cites the following statistics: more than half of all road accidents are associated with driver fatigue. In this article we will tell you:

• What schedule can a driver work on?
• Driver working time tracking: how many hours a day can he work?
• What is included in a driver's working time?
• What types of driver rest are there?
• What is the difference between the work and rest schedules of bus, truck and taxi drivers?
• Who controls the driver’s work and rest schedule and how?
• Fines for violations of the work and rest regime of drivers
• How to pay a fine for violating the RTO

For which drivers can I enter irregular hours?

The working regime, breaks and rest time for employees driving vehicles until 2021 are regulated by Order No. 15 of the Ministry of Transport of Russia dated August 20, 2004. This document provides for a number of restrictions , due to which it is not always possible to apply irregular working hours to them to organize work .

Important

Order of the Ministry of Transport dated 08/20/2004 No. 15 is canceled as of 01/01/2021 within the framework of the so-called. regulatory guillotine (Resolution of the Government of the Russian Federation dated October 26, 2020 No. 1742). A new order of the Ministry of Transport from 2021 approved the Peculiarities of working hours and rest time, working conditions of car drivers.

Clause 14 of the old order of the Ministry of Transport and clause 8 of the new document clearly defines the list of drivers for whom irregular working hours can be established (i.e., there are no changes to the list from 2021). This:

• workers involved in driving a passenger car (except taxis);
• drivers within the framework of geological exploration, survey, topographic and geodetic work in the field.

The alternation and duration of working days during non-standard work hours for drivers are established based on the length of the week according to the production calendar, and rest time is provided on a general basis.

Thus, for drivers of trucks, buses and special equipment, if they do not participate in expeditions or geological surveys, this operating mode cannot be established.

General table of work and rest breaks for drivers for 2021

Although each company has its own operating hours, there are some general rules. A carrier’s balanced working day should include the following periods:

Features of scheduling a bus driver

The schedule is drawn up by the employer on a monthly basis. The schedule should include the start and end times of the shift, lunch breaks and weekly days off. The schedule must take into account the duration of the shift, because the amount of rest time for each employee depends on this.

It is worth noting that schedule standards will differ for carriers of different categories, for example, suburban and urban routes, and in different climatic conditions, but it is important that the break is no later than 5 hours from the start of work.

Difficulties of irregular driving hours

The driver's working day includes:

• duration of driving;
• preparatory and final time;
• time of special breaks for rest;
• troubleshooting time;
• downtime is not the fault of the employee;
• other categories of time.

The difficulty with regard to the use of irregular driver modes lies in the strict limitation of the time of continuous driving. So, according to paragraphs. 10-14[/cplink] of the new order of the Ministry of Transport, from 2021 you can engage in direct movement by car:

• no more than 9 hours during the working day on a daily basis;
• increasing the control duration to 10 hours is possible with cumulative accounting of operating time, but no more than 2 times a week ;
• upon reaching the maximum driving time, the driver has the right to increase this time, but not more than 2 hours , in order to complete the transportation and/or proceed to the parking lot;
• driving time during one calendar week should not exceed 56 hours , during any two consecutive calendar weeks - 90 hours .

There are other nuances regarding special breaks.

The legislation does not contain any reservations regarding the duration of the period of direct driving during irregular working hours. Therefore, despite the possibility of increasing the total operating time in this mode, the control duration should not exceed the established limits.

For violation of the specified restrictions in paragraph 3 of Art. 11.23 of the Code of Administrative Offenses of the Russian Federation provides for a fine:

• for officials - from 7,000 to 10,000 rubles. ;
• for individual entrepreneurs – from 15,000 to 20,000 rubles. ;
• for organizations – from 20,000 rubles. up to 50,000 rub.

Important

Days off are provided to drivers on a general basis - according to the work schedule introduced for them. If there are no clauses in this regard in collective or labor agreements, hiring an employee to work on non-working days is paid at increased rates under the terms of Art. 153 Labor Code of the Russian Federation.

For workers on an irregular schedule, the general working hours in the company apply: the length of the working day, the time of breaks for rest and food, the time of rest between shifts, the number and sequence of days off, set out in the internal labor regulations, collective or labor agreement.

Periodic one-time involvement in work outside the work shift is not subject to , but it is compensated by the provision of additional leave (Article 101 of the Labor Code of the Russian Federation). The duration of such a period of additional rest cannot be less than 3 days (Article 119 of the Labor Code of the Russian Federation).

New requirements for the organization of work and rest for drivers in 2021 by order of the Ministry of Transport

The working relationship of Russian citizens with their employers is established in the Labor Code. In section 4 of this document you can familiarize yourself with the standards that relate to the organization of labor time frames. Everything related to the working conditions of carriers can be found in Chapter 51 of the Labor Code.

It is in this chapter that it is written that the Ministry of Transport can make adjustments to the rules for organizing the work of drivers, because it is a federal authority.

In general, the rules for drawing up work schedules for transportation workers are regulated in Order No. 15, which the Ministry of Transport issued in 2004. However, on 05/03/2018, changes appeared, which came out under number 170.

Workers of fire and rescue services have been added to the chapter on categories of drivers, whose regime may differ. It was also clarified that a 12-hour work shift can only be assigned if the total number of working hours per week does not exceed acceptable labor standards.

The procedure for registering an irregular working day for a driver

There are no significant differences in the procedure for documenting irregular driving conditions for drivers from 2021 . Before it is carried out, the employer is obliged to establish in a local act a list of positions for which it is possible. Irregular hours can be introduced both upon hiring and subsequently for an already working employee.

Since the work and rest schedule is a mandatory condition of the employment contract, it must be included in its text upon acceptance. If an employee already works for a company, such a circumstance is indicated in an additional agreement to the employment contract.

Types of additional driving permits

Let's look at the features of additional paid time for rest for drivers for various reasons.

IMPORTANT POINT! Since the position of a driver falls under several grounds at once, to determine the vacation, the one with the largest number of days is selected.

Additional days “for harmfulness”

The work of a driver, unfortunately, involves many factors that have a negative impact on the health of the worker:

• physical activity (on muscles and sensory organs);
• emotional stress;
• breathing polluted air;
• vibration;
• difficult microclimate in the workplace - while driving, etc.

All this allows us to classify this profession as a harmful, difficult and dangerous type of employment; it is included in the List mentioned above. And such categories of workers are guaranteed additional leave. The law sets its minimum duration at 7 working days, but the employer may, at its discretion, increase this period.

The provision for this type of additional vacation days must be included in the driver’s employment contract upon employment, and also noted in the collective agreement or industry agreement.

Allowance for irregular working hours

This mode can be set in a number of cases:

• drivers of passenger cars (except taxi drivers);
• expedition drivers in the field.

If a driver has received such a description of his work regime in his employment contract, he is guaranteed an additional vacation of at least 3 days, unless a larger number is provided for by local regulations. Moreover, he has the right to take these days off, even if during the working year he never had the opportunity to exceed the usual work schedule.

On vacation because you are special

A number of professions “with special working conditions” have been established, including driving. This category will be allocated another 3 additional days “from the bounty” of the state, if before that they worked continuously in this industry for 3 or more years.

Drivers in the North

This category of workers also has the right to rest days in addition to the main vacation. The law adds 24 working days for drivers in the Far North and 16 days for drivers working in equivalent areas.

Results

From January 1, 2021, a new order of the Ministry of Transport comes into force, regulating, among other things, the rules for applying the irregular day regime for drivers.

Setting an irregular day is only permissible for drivers of passenger cars used for official purposes. Also, the working hours of drivers employed in the field of geological exploration and survey may not be standardized. For all other categories of drivers, irregular driving is unacceptable.

The employer should also remember that he can extend the driver’s working day (subject to established restrictions), but cannot increase the maximum permissible time spent directly behind the wheel, established by the Ministry of Transport from 2021.

Read also

23.04.2020

Work and rest schedule of a truck driver according to tachograph and fines

A tachograph is a special device that must be installed in vehicles to monitor the driver’s working time. Its application is regulated by Orders of the Ministry of Transport No. 36 of January 30, 2013 and No. 273 of August 21, 2013, as well as amendments of March 2, 2018.

The absence of a tachograph in a vehicle or its malfunction will entail a fine for the driver in the amount of 1-3 thousand rubles. He must pay the same fine for violating the schedule. The offender’s management will have to pay 5-10 thousand rubles.

The device monitors to ensure that the carrier does not drive for more than the allotted time. In addition, the tachograph can track the route and speed of the vehicle.

To track a specific driver, you need to make a special card for him. Every time he starts or finishes a job, he must insert or remove it from the device. Thus, the tachometer should show that the driver spends no more than 10 hours behind the wheel, during the day he had a break of at least half an hour, and rest between shifts was at least 11.

Driver's Guide