Employment contract with the driver (irregular working hours)

Features of an employment contract with irregular working hours

Many employers are interested in where irregular working hours are stipulated in the employment contract. In practice, it is not so important where this condition is mentioned - the main thing is that it is contained in the text.

Traditionally, this item is included in the working hours section. For example, it may be indicated that the employee is assigned a shift work schedule and this is immediately followed by an addition about irregular working hours.

It must also be stated how the employee is compensated for such a clause in the agreement. For example, most often this time is paid or reimbursed through additional vacation days.

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Rules for drawing up a contract

Working days and hours outside the norm are terms that must be included in employment contracts. Article 57 of the Labor Law describes in detail issues related to this phenomenon. It is necessary to register shifts and hours that go beyond the generally accepted framework.

Drawing up agreements requires the use of almost standard forms. Only one point is added regarding the irregular schedule. An additional agreement is concluded if someone who has already been working in the company for a certain period of time is transferred to an irregular schedule.

Another important aspect in this case is the registration of hours worked and vacation pay. The duration of the latter is determined in internal documentation. The minimum required quantity is three days. There are no restrictions on maximum periods of rest.

There is a general procedure in which such documents are drawn up:

1. First, a company employee must be familiarized with the acts related to irregular work schedules. The main thing is not to forget about vacation pay and compensation conditions. The employee gets acquainted with the document when he is hired for a position, or at the time of changes.
2. When simple changes are made, an additional agreement is drawn up, and in it they write about the conditions of the new schedule.
3. After this, an order is issued to complete the procedure.
4. Corresponding adjustments are made to your personal file.
5. If necessary, management puts marks in personal files. For example, this is necessary when transferring from one position to another. When only the second position has an irregular schedule, they write in the work book about why the transfer was made.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

From the necessary papers, an order is drawn up to establish this operating mode, as well as a notification to the employee regarding changes in the schedule. The order is issued only after the employee has given his written consent.

Driver's working day according to the Labor Code

Several regulations are devoted to the legal regulation of the work of drivers.

The Labor Code devotes an entire chapter to this issue—chapter 51. It contains three articles:

• Article 328 sets out the rules for employment.
• Article 329 regulates the work schedule: the length of the drivers’ working day, breaks, and rest periods. It also says that the specific working conditions of drivers are regulated by the Ministry of Transport.
• Article 330 is devoted to labor discipline of employees associated with transport management.

Labor regime - Order No. 15

Specific instructions for the formation and observance of the work and rest schedule for drivers are contained in the Regulations, which the Ministry of Transport approved by Order No. 15 of August 20, 2004. This is the main document in practical work with drivers.

The Ministry of Transport periodically makes adjustments to it. Thus, after the additions approved by orders No. 170 of 05/03/2018 and 262 of 08/07/2019, the list of categories of drivers to whom the regulations cannot be applied has expanded. Currently the list of exceptions includes drivers who:

• They work on a rotational shift.
• Carry out international transportation. Drive fire and rescue vehicles.
• Perform evacuations during emergencies.

What compensation is provided in this case?

Typically, overtime with this regime is not paid, but legislators do not allow employees to be left without compensation at all.

Annual rest time paid for by management is a right for those who work above the norm, as Article 119 of the Labor Code of the Russian Federation says. The duration is written in the company's internal regulations, or in agreements with employees, collective and individual.

Such vacations must be at least three days. Vacation can be taken separately, or added to the time of the main paid vacation.

At the same time, paid leave becomes a standard right, regardless of whether the employee leaves on time or overworks.

Some employees ask for additional paid time off if they feel they have too much work to do. But the only possible compensation is additional rest time.

About time tracking

A very pressing issue remains related to the need to confirm and justify the inclusion in the base of income tax expenses tied to compensation payments for production in excess of standards.

The rules are standard, but several features should be noted:

• A working day in excess of standards can be introduced for a few reasons, one of them is the need to use new technologies in management and production. This need appears sporadically, there is no connection with frequency.
• It is necessary to have a criterion for generating a list of works that require an irregular schedule.
• To monitor the implementation of the regime, a specialist report is drawn up, where the effectiveness of the work done is discussed.

For questions about payment

As already mentioned, in the usual sense of the word it is absent. We can only talk about this if time-based payment is used, or the amount depends on production and compliance with its standards. For example, such schemes are often used for accountants. The main thing is that overtime work of this type does not become systemic.

When an enterprise operates around the clock, a summary accounting scheme is acceptable, or when other features do not allow separate changes to be made for specific departments. The summary accounting method can also be applied to those who use an irregular schedule.

Here are some recommendations:

1. The accounting period consists not only of days, but also of regular weekends with holidays and rest.
2. The company's collective agreement is the basis for all operations.
3. It is necessary to determine either the daily duration of work or the total by week. Shifts vary during these periods. The main thing is that the final calculation results comply with regulatory requirements.

If management increases their working hours, including overtime, they must change the duration of their days off. They are provided on a rotating basis.

Total accounting requires a separate definition of the standard. Why is the number of days of work multiplied by seven? Seven is the norm for weeks consisting of six days. It is impossible to do without taking into account the time when the reductions were introduced.

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

What other regulatory features are there?

In any case, employment contracts become tools with universal and effective action. The main thing to remember is that this is a two-sided document.

It is designed to provide stability and protection to the employee, and not only provide protection and regulation of rights and responsibilities for managers. A contract can be one of the most effective means for those who introduce irregular schedules.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

A work contract is a type of compensation agreement, because the performance of work by one party corresponds to the monetary reward of the second. This is a bilateral mutual agreement, therefore each participant has rights with responsibilities.

There are several significant differences that we recommend taking a closer look at:

1. Employment contracts as a subject describe the very implementation of the activity. In a contract, the specific end result is important. It is unacceptable to execute a contract with the participation of an individual if it is planned that he will perform the function of an accountant. In this case, the employee does not produce the final result, he simply performs a series of duties.
2. When contracting, the contractor performs the work using his own materials and what was purchased with his own funds. But we can also agree that the customer will be responsible for this. But in employment contracts there is no liability for the loss of work results. It is only important to follow the internal regulations and provide employees with everything they need.
3. The contract can be concluded both between individuals and between legal entities.

The general rule is that any changes to an irregular schedule are made only if the employee has agreed in writing to certain actions. If an employee disagrees, he has the right to continue to perform his duties according to the old schedule.

With the exception of situations where changes are related to organizational or technical working conditions.

Then the manager himself becomes the initiator of adjustments. If he complies with all the rules specified in Article 74 of the Labor Code of the Russian Federation, a warning to employees in writing is required, no later than sixty days before the changes are introduced.

Cancellation of working days outside the generally accepted framework should not lead to deprivation of the right to take vacations. If the appropriate schedule was established before the documents were changed, it is advisable to preserve the right to rest for those who have not yet taken advantage of it before the adjustments appear. At least throughout the current year.

Establishing a schedule, necessary documents

Irregular working hours are not an individual scheme for each employee. It is installed collectively, for a specific group. This process is regulated by internal regulations.

Documentation of irregular working hours

If an internal collective act is drawn up, it must contain the following information:

1. The procedure by which working time is taken into account. Some positions require the use of a summary option.
2. The number of days of additional leave that are added to the main one. Each category of employees requires an individual approach in this matter.
3. Procedure for recruiting to work on weekends.
4. A general list of positions for which irregular schedules are acceptable.

Do not forget to indicate the need to comply with the daily routine for all employees, regardless of position. This especially applies to the time of arrival at the workplace and leaving it.

A separate column is provided to familiarize subordinates with the document. When transferring from a regular position to one that provides for an irregular schedule, a separate warning is required.

Drawing up a separate Regulation with a list of positions will not be appropriate if the enterprise has a small staff. It is enough to fix the features of the standard work schedule in a regular employment agreement. If the document is signed, it is considered that all interested parties have read it and do not have any objections.

Involving workers in extra-established working hours

It is necessary to compile a complete list of employees whose work schedules are subject to change. After this, it is necessary to establish the procedure for attracting employees in a local act of regulations, in accordance with the requirements of Art. 101 TK.

Regardless of whether he is just starting work or has already been working for some time, it is imperative to warn the employee and show all the documents in which the relevant marks are entered.

Moreover, it is necessary to justify such changes in the regime; a general list of jobs must be drawn up; amendments must be made to each specific contract.

Further, the presence of a clause in the contract implies that if it is necessary to involve an employee both before and after the working day established by the norm, the employer is not obliged to notify him in writing each time. A verbal request or warning is sufficient, since the employee has agreed to this with his signature.

As for weekends and holidays, there are several nuances. In this case, the employee must be called to work with special notice, and it is also necessary to pay at least double pay for the shift worked, be sure to take into account all hours worked in excess.

Fixed-term employment contract with a driver - sample 2021

Fixed-term employment contracts have become very popular recently. This type of document does not differ significantly from the standard form. Therefore, the structure of such an agreement corresponds to a normal working arrangement. At the same time, it should be borne in mind that the law establishes nuances that are important to consider when drawing up the relevant document: The content must clearly indicate the period for which the employee is hired. This period should not exceed five years; Grounds for concluding an agreement of this kind.

Compensation

Firstly, compensation for any processing is mandatory, only its type differs - the form and frequency of provision. In this case, the employee is not paid financial compensation for the number of hours worked.

Simply, additional days are added to the next paid vacation as compensation - no less than three and, as a rule, no more than 30% of twenty-eight calendar days, at the discretion of the employer. The number of compensation days varies depending on the complexity of the work performed, so for an ordinary employee it will be less than for a department head, and for a department head, in turn, less than for a director.

So, it is important to remember: any changes in your routine, remuneration and other indicators and requirements must be reflected in the documents. This must be monitored with special care, not only because unscrupulous employers only strive to deceive gullible employees, but also for the reason that often, due to the large number of employees, it is simply not possible to keep track of everything.

This is, among other things, a way to be confident in your rightness and the legality of your actions, this is a guarantee that you will not have to win back legally earned money and prove anything.

First of all, by being fully aware of your actions and rights, you take care of yourself.

Often, many employees have to spend most of their daily time at their workplace and perform enormous amounts of work. In this case, the employer can transfer the persons subordinate to him to a special work schedule , which involves performing work for additional time.

Therefore, we will look at how to correctly establish an irregular working day in an employment contract, take into account all sorts of nuances of this process, and also not go beyond the legal framework using sample documents.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, contact the online consultant on the right or call the free consultation numbers:

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General concepts

Article number 101 of the Labor Code of the Russian Federation gives the manager the right to provide employees with a certain amount of work that exceeds the existing generally accepted norm. These works must be performed during hours that are not specified in the employment contract.

Read our article about what an irregular working day is according to the Labor Code of the Russian Federation.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

It is also worth noting that the legislation of the Russian Federation took care of individuals working overtime, providing them with the opportunity for additional rest.

In this case, the employee is entitled to leave not at his own expense, but paid by the employer. You can read about this in Article 119 of the Labor Code. If you have additional questions, please review articles numbered 97, 116 and 126.

An irregular working day is a specific schedule according to which individuals periodically work extra time (in excess of the established standard working hours) in order to cope with the required amount of work on time.

The main characteristics of an irregular working day include the following:

• Such a schedule can be established only for a certain category of individuals holding certain job positions.
• A slightly longer working day than existing standards should be introduced only when there is an urgent need for it.
• This mode is usually used for individuals engaged in such types of work, the performance of which cannot be accurately recorded using time.
• An irregular schedule is best suited for those employees who have expressed a desire to independently manage their working time.
• Any types of work that require seasonal performance, as well as the relevance of which depends on the time of day, and work that does not have clearly established time boundaries, are considered irregular.

We recommend paying attention to Article 57 of the Labor Code of the Russian Federation , which displays the main points and rules that require mandatory compliance when concluding an employment contract.

If a document is drawn up without taking into account the requirements of Article 57, then it will automatically not have legal force. And in an agreement that has no legal value, it makes no sense to stipulate any conditions, including those regarding irregular working hours.

You can find a sample employment contract with irregular working hours here.

Contractual features

Hiring a car driver is accompanied by individual requirements for the category of driver's license, depending on the vehicle. For allowing a person deprived of a license to drive a car, a fine is imposed on the organization in accordance with Article 12.32 of the Code of Administrative Offenses of the Russian Federation. An employment contract with a driver to drive a vehicle contains a number of organizational aspects that depend on the nature of the activity and the vehicle being driven.

Operating mode

The main feature characterizing the employment contract with the driver provides for the regulation of the inclusion during working hours of activities reflected in the order of the Ministry of Transport No. 15 of August 20, 2004:

• preparatory and final stage;
• conducting pre-trip and post-trip medical examinations;
• loading and unloading operations;
• Troubleshooting along the way;
• cargo security;
• accompanying period when traveling in tandem, for example, a driver and a forwarding driver.

A post-trip medical examination is mandatory when transporting people and cargo when the goods are classified as dangerous.

Information about working hours is displayed in documents:

• waybills;
• work time sheet;
• internal regulations.

If the requirements for recording work time are not met, the data in the three documents will be contradictory. In accordance with Articles 57 of the Labor Code of the Russian Federation and 189 of the Labor Code of the Russian Federation, if the regime differs from the accepted routine in the company, an individual schedule must be drawn up for the employee.

The time provided for rest and eating, depending on the specifics of the activity, can be:

1. Fixed, providing for specific, clearly defined breaks. Convenient when concluding agreements with the driver of a school bus, urban and suburban transport using a scheduled schedule;
2. Range, providing a break in the range, for example 30 minutes in the interval from 13 to 15 hours. Used when concluding a contractual relationship with a taxi or bus driver that does not follow the exact schedule;
3. Flexible, regulating breaks depending on the specific situation. Included in the employment contract with a forwarding driver, a truck driver, or a forklift driver, for whom rest and lunch time is often determined by unpredictable circumstances.

When taking into account short-term breaks at the initiative of the employer as part of working time, the enterprise or entrepreneur will have to make additional payments.

Nature of work and payment in the employment contract with the driver

The work of driving a vehicle is carried out on the road and has a traveling and expeditionary nature. Based on the definition of Article 168.1 of the Labor Code of the Russian Federation, the employer is obliged to compensate:

• costs for gasoline, lubricating oils in accordance with established consumption standards for fuels and lubricants;
• expenses associated with living outside the locality, including hotel bills and rental of premises from private individuals;
• daily allowances paid for the duration of a business trip according to the provided advance report;

When concluding a contract with a driver for a personal car used by the employee for business purposes, in agreement with the employer, depreciation costs associated with mileage, the cost of wear parts and repairs are additionally reimbursed.

The contract between an individual entrepreneur and a driver or legal entity must contain special conditions for remuneration, since a car is a source of increased danger. If working conditions are classified by certified commissions as a hazard class, starting with the third, which is typical for the delivery of goods over long distances, then the employment contract with the truck driver must include information on compensation in the form of:

• providing additional leave of up to ten days;
• an increase to the established prices of at least 7%;
• reduced working hours.

• Types of employment contracts when hiring

If the information is relevant for the majority of employees, then it is advisable to establish benefits and compensation in internal local documents.

For example, it makes no sense to include work and payment regulations in each individual contract between a transport company and a driver, since the main staff of the enterprise is engaged in driving vehicles.

Additional conditions with drivers of other categories

Depending on the type of travel and responsibility for the safety of cargo, maintenance and ensuring the working condition of the vehicle, it is necessary to provide a payment system:

1. Time-based system. In most cases, it is included in the employment contract of a passenger car driver who provides official travel for the director and members of the management team during the working hours of the established five-day week for administrative personnel. Provides a salary adjusted for hours worked and an allowance for skill.
2. Piecework system. It is advisable to include in an employment contract with a truck driver, since the delivery of goods requires an individual schedule, taking into account irregular working hours, night work, weekends and holidays, for which additional payments are provided.

Download TD with a truck driver (56.5 KiB, 4,118 hits)

Position

Today, there is a certain sample designed to legally consolidate the provisions on such a work schedule. This document, according to the current model, consists of the following parts:

“Header” of the document.

In the upper left corner it is necessary to write down the full name of the organization or enterprise where irregular working hours are used, as well as indicate the type of these provisions (about irregular working hours). And on the right side write who approved these provisions (initials, surname and position) and the date of preparation.

It is also necessary to mention on the basis of which documents the decision was made to implement these provisions.

The first part displays general provisions.

This part describes the essence of an irregular schedule and provides the legislative framework on the basis of which it is introduced by the management of the enterprise.

Second part, list of employees.

Here we are talking about which category of individuals such conditions can apply to.

This category includes persons working as heads of any commercial organization, as well as their deputies, persons holding management positions within a specific department and their assistants, persons performing work to staff the organization with the required professions, and lawyers.

The second part of the provision reflects the fact that individuals can be recruited by the manager for the purpose of performing additional work only if this is stated in the employment contract. In addition, it must be stated how hours worked are recorded.

Employees have every right not to work overtime if the employer requires it on weekends. On those days that are not among the working days fixed in the schedule of the employment contract, the employee is also not obliged to work.

However, there are a number of certain exceptions, which are contained in Articles 113 and 153 of the Labor Code.

The third part is about compensation.

Contains information about compensation provided to employees, namely additional leave, which the employer pays at intervals of one year. It also contains information on what factors (type of work activity and amount of work performed) are used to determine the duration of the vacation.

The final part of the document.

Below it is necessary to list those persons with the help of whom this provision was agreed upon. Usually this is the deputy director, head of the human resources department and accountant.

You can find a sample of the Regulations on Irregular Working Days here.

Definition and general information

The term “irregular working hours” is explained in detail in the legislation of the Russian Federation. This is the name given to the special work schedule. In accordance with this schedule, the right to involve employees in additional duties outside of the main time appears. Typically, such rules apply to subordinates, on whom the organization and the result of the technological process greatly depend.

What is an irregular working day for a driver?

The employer himself determines what time is considered additional periods, how much there is in principle. Article 101 of the Labor Code of the Russian Federation reveals this issue in more detail. But the legislation has not yet developed a clear position on the following areas:

1. Which positions may or may not be subject to additional working hours.
2. The procedure for compiling lists and schedules.

Such issues are resolved by management and stipulated in the collective labor agreement. In labor relations, it is imperative to reflect the consent to irregular work itself, because the specific conditions for a certain situation may differ greatly from generally established indicators.

Large enterprises are trying not to refuse to develop regulations related to irregular working hours. But there are often situations when special working conditions beyond the norm are formalized in the form of an addition to the general work rules.

Positions that allow irregular days include:

• lawyers and consultants;
• drivers;
• senior management of the enterprise.

Additional agreement

A number of documents that are necessary for the correct registration of persons working under irregular hours include an additional agreement to the employment contract. It can clearly display all the necessary nuances of certain working conditions.

Also, this document indicates agreements regarding an irregular day between the employee and the manager, has legal force and contains the following mandatory points in accordance with the existing sample:

Title of the document.

In capital letters you need to write down the name of the document - “Additional agreement on irregular working hours”, then in small letters write down the date from which the document comes into force and the number of the agreement.

In the main part you need to display the personal data and positions of the employee and manager between whom the agreement is concluded.

Mention the provisions taken as the basis for drawing up a document of an additional nature, and then move on to the main points.

In these clauses, for example, you can stipulate vacation time or other working conditions.

• Decide and write down the number of days allotted for vacation, and the number and date of the order that approved this condition.
• Be sure to indicate which part of the employment contract the main clause of the additional agreement relates to.
• There must be a part fixing the date from which the information in the employment contract can be changed at the request of one or both parties.
• The end of the additional agreement is considered correctly executed if it contains information about the passport details, locations and postal addresses of both the employer and the employee.
• This information must be followed by a signature, surname and initials, as well as the date.

Download a sample additional agreement with irregular working hours here for free.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Since the agreement is concluded in two copies, one copy must be provided to the employee. As a final step, he is obliged, after the line titled “A copy of the additional agreement has been received,” to re-sign and date it.

Final provisions

7.1. Disputes between the Parties arising during the execution of this employment contract are considered in the manner established by the Labor Code of the Russian Federation and other federal laws.

7.2. In all other respects that are not provided for in this employment contract, the Parties are guided by the legislation of the Russian Federation governing labor relations.

7.3. The employment contract is concluded in writing, drawn up in two copies, each of which has equal legal force.

7.4. All changes and additions to this employment contract are formalized by a bilateral written agreement.

7.5. This employment contract may be terminated on the grounds provided for by the current labor legislation of the Russian Federation.

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Reference

In some cases, individuals may need to present a certificate indicating that they work on an overtime work schedule. This certificate can be issued by the manager, who needs to be informed of the place requiring this document, so that he can record it in its upper part.

Then, in the center, in large letters, the type of document is written - HELP. The text must indicate the data of the individual, the position he holds and the articles based on which an irregular regime was established for him.

Also make sure that the manager does not forget to indicate that the employee belongs to the category of persons who, according to current legislation, can work outside the norm. He also displayed a fact indicating that he does not involve the employee in work on days intended for weekends.

At the bottom is the date, signature of the boss and seal of the company.

You can find a form for a certificate of irregular working hours here.

Which categories are eligible and which are not?

The manager is required to draw up a separate document listing the employees for whom an irregular day is introduced.

The main thing is for the manager to become familiar with possible prohibitions and restrictions in advance.

The restrictions in this case include:

• persons guarding minors
• fathers who raise children without a mother
• women with children under three years of age
• those who received a disability group
• employees who have not reached the age of majority
• employees also undergoing training
• pregnant women

The absence of a list of positions to which the rules apply makes it impossible to introduce working days beyond the accepted limits.

Order establishing irregular working hours

The current sample requires, after indicating in the center the name of the type of document (“ORDER”) and its number, in a line below, write its type - on the establishment of irregular working hours, and then indicate a list of reasons that influenced the adoption of this decision.

For example, due to a significant increase in the volume of certain work.

Indicate that you are acting within the framework of Article 101 of the Labor Code , and then list a number of orders.

As the first point, the employer must write that he orders that a specific employee (name his full name and position) be added to the list of employees previously accepted on the basis of a specific order who work on an irregular schedule.

The employer must also note the date from which the employee will work according to the newly introduced regime.

In the second paragraph, record the fact that the employee is familiar with the fact that the duration and terms of the new working conditions will be accepted in working order. And the accountant acts as the person on the basis of whose views this decision will be made.

In the very bottom line, write down that the order is being accepted on the basis of an additional agreement on irregular working hours , which has a specific number and serves as an auxiliary document to the employment contract.

Sample additional agreement on long working hours for women

Limited Liability Company "Verona" (Verona LLC), hereinafter referred to as the "Employer", represented by General Director Alexey Ivanovich Voronov, acting on the basis of the Charter, on the one hand, and Evgeniy Markovich Kirillov, hereinafter referred to as the "Employee", on the other hand, have entered into this additional agreement as follows:

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Additional agreement to the employment contract on irregular working hours sample

As a rule, such a list is one of the appendices to the document establishing the labor regulations at the enterprise. There are no restrictions in the Labor Code that would prohibit the inclusion of certain categories of workers in such lists.

After introducing the above-normal form of work and making appropriate changes to the contract, the employer issues a decree that must contain a specific list of positions. Later, the employer undertakes to familiarize employees with the details of the new working regime.

Order of the Ministry of Internal Affairs on additional leave

Persons working in the Ministry of Internal Affairs in irregular hours are awarded the right to receive additional vacation days. This was recorded using the order of the Ministry of Internal Affairs numbered 849 , which entered into force on December 6, 2012.

The sample order contains a number of the following basic instructions:

It should be noted that a list of specific positions is attached to the sample of this order.

At the same time, individuals performing the duties of these employees for some time are assigned an irregular work schedule. And workers automatically fall into the category of people who have the opportunity to receive additional rest.

Employment contract with a driver - procedure and rules for drawing up

The procedure and rules for drawing up an employment contract with a driver, depending on the specifics of the work, may include various provisions. One thing remains unchanged - the need to include mandatory conditions provided for by law into the text of the agreement. These items represent the following information:

• Information about the employer and employee, confirmed by passport data;
• Location of the company with which the agreement is concluded;
• The position for which the candidate is applying. This paragraph also notes his qualifications and professional skills;
• The rights and obligations of each of the parties to the agreement;
• The date from which the employee began performing his duties is indicated;
• Issues of compensation for official activities. The provision regarding money should also provide detailed information on the amount of bonuses, guaranteed allowances and other compensation, if such are provided for by working conditions;
• Activity schedule and rest intervals. Depending on the nature of the work, the regime established by the employer is noted;
• Working conditions. If the driver’s activities are associated with unfavorable factors in the working environment, then this fact must be noted in the document;
• Also mandatory for inclusion is the clause on employee insurance.

In addition to the mandatory provisions, additional clauses may be included. Since the driver’s profession is associated with certain features, it is recommended to stipulate them in the work contract. In this case, the employer and subordinates will protect themselves from possible problems in the future.

Examples of such conditions may be:

• The need to have a driver's license of a certain category; The requirement not to violate the rules of the DD;
• Fulfill assigned obligations efficiently and quickly. For example, we can note the importance of transporting goods while maintaining their integrity and proper appearance, timely delivery of the order;
• Checking the vehicle for faults. If possible, try to eliminate minor damage;
• Establishing a testing period for the candidate.

Also, the labor act may include any other points that the manager or the subordinate himself wishes to note.

What is an irregular day?

The term “irregular day” of the Labor Code of the Russian Federation means such a work regime when an employee can sometimes be involved in work at a time that goes beyond the established standards, that is, after the end of the day or shift according to the schedule or before they begin. At the same time, speaking about an irregular day, many believe that under such working conditions no standards regarding the duration of working hours apply at all, therefore the employee can be required to constantly overtime.

However, an irregular day should not be confused with overtime hours. Yes, Art. 99 of the Labor Code of the Russian Federation establishes a strict restriction: it is not allowed to engage an employee overtime for more than 4 hours in 2 days, and the total amount of overtime cannot exceed 120 hours per calendar year. There are no such restrictions regarding irregular days.

In addition, for overtime work a clear amount of payment has been established. 152 Labor Code of the Russian Federation:

• at least 1.5 times the average hourly wage for the first 2 hours;
• at least 2 - for all subsequent ones.

In relation to irregular days, there is no additional payment for overtime hours; the law here establishes other compensation.