Employment contract with a driver - form and sample 2021

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.).

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.

Driver medical examinations

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

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

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

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

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.

How to properly document the traveling nature of work

The right to determine and approve a list of positions that will establish the traveling nature of work is granted by labor legislation to the management of the employing organization. To do this, you can approve a separate provision, another option for establishing the traveling nature of work: you can simply approve such functions in the staffing table on the basis of an order or in an employment agreement.

The fact is that there is no special article in the Labor Code of the Russian Federation regulating such a procedure and rules for registering such a labor regime. The main thing is to follow the requirements of Article 57 of the Labor Code of the Russian Federation, namely: to fix in the text of the employee’s employment contract when he is employed the conditions that determine exactly how he will perform his work.

If, during employment, the traveling nature of a person’s activity is indicated, the employer may not equip a stationary workplace. Therefore, it is advisable to stipulate this also in the collective agreement, but this has its own difficulties. After all, making changes to a collective agreement requires compliance with a certain procedure, if such issues were not specified when it was initially signed.

This procedure for performing labor functions can be most fully reflected in a special provision, which can be changed based on the needs of the organization. The list of positions of employees who will be traveling can be approved by a separate order from the manager. At the same time, each new employee may not be included in the list, but it is necessary to reflect the specifics of his work in the contract and order.

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The regulation specifies in detail the procedure for reimbursing such employees for their expenses and establishes document forms that allow for accounting.

A particularly important condition is to establish in the regulations a list of jobs, professions, positions that have such an order of activity. This requirement is directly enshrined in Part 2 of Article 168.1 of the Labor Code of the Russian Federation.

There are two types of conditions to be included in an employment contract:

1. Required.
2. Additional.

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.

Truck Driver Interview Sheet

Even before the stage of concluding an employment contract with an employee, each employer, be it an individual entrepreneur or a legal entity (regardless of its organizational and legal form), must comply with the procedure for hiring drivers defined by law.

First of all, the employer must conduct an interview with the job applicant for the position of truck driver, the results of which are entered into special so-called “interview sheets”. Interview sheets are kept by the employer for at least five years and must be presented upon request of regulatory authorities.

When conducting an interview, the employer’s task is to confirm that the candidate for the position of driver meets the requirements for professional training and professional selection.

The legal obligation of an interview is enshrined in Art. 328 of the Labor Code of the Russian Federation and Order of the Ministry of Transport of Russia dated March 11, 2016 N 59, which approved the Procedure for professional selection and vocational training.

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

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

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

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

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.

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Video on the topic “Employment agreement, contract”

• Labor law. Work, employment contract, dismissal. Lawyer's answers
• Interview. Labor relations

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.

Internship

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

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

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

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

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.

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.

Job description

The driver may be assigned functions and responsibilities based on the specifics of the organization. They should be listed in more detail in the job description, which must be familiarized to the employee against signature.

When developing job descriptions for drivers hired by legal entities or individual entrepreneurs carrying out transportation by road and urban electric transport, the requirements of Order of the Ministry of Transport dated September 28, 2015 No. 287 should also be taken into account. This document regulates the employee’s compliance with professional and qualification requirements. The document is valid from June 14, 2016.

The above does not exhaust all possible driver responsibilities. It would be correct for each organization to include its requirements for it in the job description.

Please note that from June 14, 2021, Professional and qualification requirements for employees of legal entities and individual entrepreneurs engaged in transportation by road and urban ground electric transport are in effect (approved by Order of the Ministry of Transport of Russia dated September 28, 2015 N 287). Those. When developing a job description, it is necessary to take this document into account.

If an organization is engaged in the transportation of large-sized and (or) heavy cargo, then it is necessary to conclude an employment contract with a truck driver with at least five years of work experience. At the same time, he needs to work for at least one last year of experience as a driver of a car of this category.

How to determine the nature of the work of a truck driver based on the options proposed by Article 57 of the Labor Code of the Russian Federation: is he mobile, traveling or on the road?

If the mobile nature of work is understood as frequent relocation of workers or isolation from their permanent place of residence, and work on the road as the implementation of a labor function while a vehicle is moving (for example, a conductor on a train, conductors on intercity buses, forwarders), then the work of a driver is a truck driver, rather, a traveling one, because

When designating the working time and rest time regime of the driver in the employment contract, you can refer to the Regulations on the specifics of the working time and rest time regime for drivers, drawn up taking into account the Appendix to the Order of the Ministry of Transport of Russia dated August 20, 2004 No. 15 and approved by the employer. It defines in more detail what the driver’s working time consists of, how often he is required to rest during a work shift, how these intervals are summed up, what rest opportunities the employee has, if the end of the route falls on a day off, who needs to be informed about this, etc.

Working conditions. The driver's workplace is the car cabin, garage, parking lot. The employer provides a technically sound vehicle. How comfortable it will be to work in it and, if necessary, to rest, depends on the employee as well. It is hardly worth mentioning what safety measures must be observed at the beginning of work, when driving, after the end of movement, what needs to be checked, what to turn off at the workplace, how to secure the car in the parking lot, etc., in the employment contract itself; it is enough to make a reference to Regulations on labor protection, which will contain all these details, and familiarize the employee with this Regulation against signature.

The terms of payment for drivers also have a number of features. The contract must indicate the wage system adopted by the employer (time-based, piece-rate and non-tariff, etc., with allowances, surcharges). As a rule, drivers are on a time-based wage, in which their basic salary consists of payment of the tariff rate (salary) for the month, based on the tariff category (salary) assigned to them and depending on whether or not the standard working hours have been fully worked out for the month. month.

In all cases, the tariff rate (salary) for a fully worked month must be no less than the minimum wage. Remuneration for drivers can also be organized on a piece-rate basis, in which the employee’s earnings depend on the volume of work performed in physical quantities (amount of cargo transported, kilometers traveled, etc.

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) and the prescribed price for performing a unit of work in physical terms. Payment is considered non-tariff when the employee’s earnings depend on the final results of the work of the structural unit in which he works, or the entire enterprise, and on the amount of funds allocated by the employer to pay for labor.

The wage structure also includes additional payments in the form of additional payments and allowances, for example:

1. additional payment for overtime work;
2. additional payment for night work;
3. premium for class;
4. additional payment for dividing the working day into parts.

The contract may stipulate an additional payment for combining professions. For example, if a contract has been concluded with a delivery driver, or an employee is ready to repair the car assigned to him himself. Based on Part 1 of Art. 168.1 of the Labor Code of the Russian Federation, the employer reimburses truckers for the following expenses associated with business trips, provided that these expenses are justified in the relevant LNA and are documented:

• travel expenses;
• expenses for renting residential premises;
• additional expenses associated with living outside the place of permanent residence (daily allowance, field allowance);
• other expenses incurred by employees with the permission or knowledge of the employer.

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.

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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.

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.

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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).

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.).