The legal topic is very complex, but in this article we will try to answer the question “Do I need a certificate when applying for a job as a driver in 2020?” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.
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. Among the important requirements for persons transporting dangerous goods, we note a ban on driving for those who have been deprived of their license over the past year.
Having drawn up and agreed on an employment contract with the employee, signed the employment order, personal card, NLA, we seem to have completed the paperwork for cooperation with the truck driver. If the candidate has a driver card and it is suitable for the tachograph installed in the vehicle, then he can begin to perform his duties. If his card does not fit your tachographs or is not there at all, the new employee will be able to start working in a month at best, because It takes some time to produce it in a specialized organization. Driving a vehicle without a card may result in administrative liability:
Additional terms of the employment contract
Chapter 51 of the Labor Code of the Russian Federation is devoted to the peculiarities of labor regulation for transport workers. Let’s assume that a worthy candidate has already been selected, having a license to drive a vehicle of the category we need, decent work experience, an accident-free driving record, etc. and has no bad habits.
What is the procedure for assigning a class to drivers of vehicles? The ability to establish the class of drivers is provided for by the third and fourth paragraphs of the section “Motor transport and urban electric transport” of the Qualification Directory, which was approved by the Decree of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated February 20, 1984 under No. 58/3-102.
The employer can provide the remaining information at his own discretion. Like every regulatory act, the order must have a number and date of preparation, as well as the signature of the person who issued it. It is not forbidden to register several new employees at once with one order if they are hired on the same day. In this case, all of the above information must be indicated for each of them.
Documents for hiring in 2020
In addition to the driver, responsibility for the safety and operational safety of a car or other vehicle may rest with other employees of the enterprise (for example, leading engineers). In enterprises with a large fleet of vehicles and a corresponding staff of drivers, it makes sense to assign a vehicle to several employees at the same time.
This is interesting: ICT sector decoding in the budget
Mistakes that employers make when hiring a bus driver may not affect his future work in any way. But they are often fraught with financial liability of the employer, moral and material damage. Therefore, it is better to prevent them.
The form of the driver's license form is approved by Order of the Ministry of Internal Affairs of Russia dated May 13, 2009 N 365. Driver's licenses issued before 03/01/2011 (samples of their forms are approved by Order of the Ministry of Internal Affairs of Russia dated February 19, 1999 N 120) are valid until the expiration date specified in them (p 8 Order of the Ministry of Internal Affairs of Russia dated May 13, 2009 N 365).
New rules for hiring drivers in 2020
By the way, if suddenly a foreign citizen driver loses a foreign national or international driver’s license issued in another state, or it is stolen from him, then a Russian national or international driver’s license will not be issued to replace the lost one.
The final report based on the results of the periodic medical examination is drawn up in two copies, one of which is given to the employee, and the other remains in the outpatient record. The same registration procedure applies to the conclusion of a preliminary medical examination.
What certificate must a driver provide when applying for a job?
Labor legislation does not contain requirements for drivers to periodically confirm their right to drive vehicles, since this function is performed by a driver’s license of the appropriate category with a specified validity period. Instead, employees engaged in work related to the movement of traffic and the operation of land vehicles are required to undergo mandatory periodic medical examinations to determine the suitability of these employees to perform the assigned work and to prevent occupational diseases.
Questions and answers on the topic
Organizations carrying out activities related to the operation of vehicles are required to organize and conduct mandatory medical examinations of drivers. The requirement to undergo mandatory medical examinations for drivers also applies to individual entrepreneurs if they independently drive vehicles engaged in transportation.
A work book, except in cases where an employment contract is concluded for the first time or the employee starts working on a part-time basis. Decree of the Government of the Russian Federation dated April 16, 2003 N 225 “On work books” approved the form of work books and the form of the insert in it.
The conclusion of a preliminary (periodic) medical examination is one of the determining factors when hiring in some industries. Based on the results of the examination, the medical organization issues a conclusion on the possibility (impossibility) of working in specific working conditions. In case of a negative medical report, a candidate for a particular position is refused employment.
Documents upon hiring a driver
Without this certificate, it is not possible to obtain (replace) a license. The employer wants to make sure that you have special knowledge and skills. © Region on the islands Back Working as a driver is quite profitable and prestigious, especially if you find a wealthy employer.
Medical indications and contraindications for driving specific vehicles must be reflected in the certificate of form No. 003-B/u. Issued certificates must be registered in a special journal according to form No. 036-B/u-10.
How is the internship going?
20. Driver training includes instruction and practice.
21. The briefing is carried out to provide the driver with information about the specifics of performing labor functions related to the transportation of passengers and cargo.
22. The practice is carried out to confirm the compliance of the driver’s skills with the Qualification requirements for independent driving of a specific vehicle under the control of a driver-mentor and includes driving a vehicle without leaving and driving on public roads.
For drivers of route vehicles, practical driving of a vehicle on public roads includes driving along a route without passengers and with passengers.
The qualification requirements for the driver vary for different categories of vehicles. They are described in a separate regulatory document:
Qualification requirements for drivers
Is a certificate for drivers needed in 2020?
5.27 Code of Administrative Offences). If you hire a driver without a preliminary medical examination, you face administrative liability for violation of labor and labor protection legislation in the form of a fine of up to 50,000 rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation)
This is interesting: About sending notification of information about the dismissal of a former civil servant
How long is a medical certificate valid for drivers in 2020?
The listed acts indicate the need to undergo medical examinations in order to ensure medical road safety. The law imposes the most stringent requirements on professional drivers.
The Criminal Code prohibits questions regarding nationality and religion, financial status and origin. If you decide to reject a candidate for these reasons, he can go to court for oppressing his freedom and rights. When employment has already taken place, and it suddenly turns out that the employee deceived you during the interview, you retain the right to dismiss such an employee under clause.
Is it necessary to require a medical certificate in form No. 003-B/u when hiring a driver?
https://youtu.be/4eKbzCWghqo
Answer to the question: In accordance with the Order of the Ministry of Health of Russia dated June 15, 2015 No. 344nAbout conducting a mandatory medical examination of vehicle drivers (candidate vehicle drivers) https://www.1kadry.ru/#/document/99/420284795/ Medical examination carried out to determine the presence (absence) of a vehicle driver (candidate driver of a vehicle) of medical contraindications, medical indications and medical restrictions for driving a vehicle in accordance with the lists of medical contraindications, medical indications and medical restrictions for driving a vehicle, approved by the resolution Government of the Russian Federation dated December 29, 2014 No. 1604
. A medical examination is carried out in relation to: 1) candidates for vehicle drivers; 2) drivers
Lawyer Anisimov Representation and defense in court
. Question At work they require you to show a driver's license. But there is a medical examination!
Why this certificate? Moreover, it is unpaid, since it is not a medical examination, nor are the days of its completion. Answer This certificate is a mandatory document for the driver, which also gives the right to drive a vehicle. In accordance with Art. Contents 23 of Federal Law 10.12.1995 N 196-FZ (as amended on 23.07.2013) “On Road Safety”, driver candidates and drivers are required to undergo a medical examination. Because the law does not indicate otherwise anywhere, then for an already working driver this is nothing more than a periodic medical examination (more information about medical examinations is here).
It is drawn up with a certificate of the established form. BUT! The medical examination is also completed with a medical record or other document from the medical institution - for example, a certificate. The main difference is that this certificate can be used OUTSIDE of labor relations (for example, when replacing a driver’s license) and that its presence does NOT negate the mandatory preliminary medical examination upon hiring and periodic subsequent medical examinations (a requirement of the Labor Code of the Russian Federation).
Documents for Hiring a Driver 2020
For vehicle drivers, a medical examination is mandatory upon hiring. The absence of a certificate confirming the completion of a preliminary medical examination when hiring a driver may serve as a refusal by the employer to provide a vacant position. The future employee can undergo medical examination. In both cases, the funds spent by the employee on passing such a commission must be returned to the employee after his employment.
How is a driver hired?
The employee must sign his autograph either on the familiarization log or on the familiarization sheet. The second stage is signing the form of employment contract established by the company. A contract with a driver can be concluded for a certain period if there are grounds for this.
As an exception, in agreement with the trade union organization, the ATG1 administration may call the driver to work on his rest day. If the driver was involved in work on a day off, the administration is obliged to provide him with time off in the next two weeks, indicating in the order (instruction) on engaging the driver to work on a day off, on which day the time off is granted.
Documents required for employment
A list of standard requirements is provided for by labor legislation. To be hired, before concluding a contract, the applicant will need to provide:
- Identity passport.
- SNILS. For employees who have not previously been employed, an insurance certificate can be issued by the employer.
- A driver's license with the right to drive a vehicle of the appropriate category.
- Certificate of passing a medical commission.
- Employment history. When hiring for the first time, the employer must provide a document. The enterprise must keep forms of work books issued to employees of their first employment for a fee.
- Military registration document (for citizens liable for military service). Persons exempt from military service for health reasons do not submit registration forms.
- Certificate of income from the place of employment with the previous employer. The document is necessary to confirm the taxable income received and is used to provide deductions and accruals for certificates of incapacity for work.
Persons hired for the position of bus driver are drawn up under the main contract. Part-time work in the same type of employment position for persons working in high-risk conditions is not applicable. Additional work should not be associated with high-risk conditions. In addition to part-time work, individuals often combine other specialties during their main job. Persons have the right to combine the work of a driver and a technician or a freight forwarder or other positions not related to driving a vehicle. Additional responsibilities of a person are specified in the employment contract.
A standard type contract is concluded with the bus driver. One copy is kept in the organization, the second is given to the employee. The contract must indicate information about the internship that is included in the probationary period. During the internship, the employee receives a salary, the amount of which is specified in the contract.
The employer is obliged to provide employees with optimal work and rest conditions when working in transport. The Ministry of Labor approved labor safety rules in transport in order No. 59n dated 02/06/2018, mandatory for employers and employees.
Driver Hiring Documents 2020
Starting the engine with the starter must be done in the following sequence: - move the gearshift lever to the neutral position, move the parking brake lever (manual) to the braking position, depress the clutch and, making sure that it is safe for others by pressing the starter, start the engine.
Hiring a driver
Based on the above, we determine that the main requirement for the driver is the presence of a Russian driver’s license of the appropriate category, but there are exceptions for certain categories of persons specified in paragraph 13 of Article 25 of the Law “On Road Traffic Safety”. These requirements apply to both drivers of organizations operating vehicles and drivers of carrier organizations.
But in addition to them, in order to issue a certificate, in some cases you will need to undergo some tests for the presence of narcotic substances in the blood and urine. It should be noted that these tests are not prescribed to everyone, but only to those individuals in whom the psychiatrist notices symptoms of illness or some deviations in behavior. Those. These tests are prescribed by a psychiatrist.
Since November 5, 2013, the Law “On Road Safety” has divided existing vehicles into a larger number of subcategories than before. Those. There have been more categories of driver's licenses since 2013. The new licenses differ from older licenses with a yellow background not only in their appearance and the appearance of a barcode.
What is needed for a license certificate 2020
Many drivers wonder: is a photo required for a medical certificate? With the recent photos, a medical certificate is no longer needed. Good physical and mental health of every driver is the key to safety on the road not only for him, but also for all other road users. Conversely, a person driving a car in poor or inadequate condition can cause accidents and accidents.
This is interesting: Water consumption standards per person per month Nizhny Novgorod 2020
List of required documents. Proper hiring. Documents required when applying for a job. Procedure for hiring employees. Foreign worker. Personnel records of a foreign citizen. Share the material on social networks:. Become an author.
But still, when applying for a job, it is better to initially collect the most complete set of documents. In this way, you will be able to show the employer your personal and professional qualities, which will undoubtedly be positively reflected in subsequent employment relationships.
Validity of a driver's medical certificate for a driver's license in 2020
Very soon, the traffic police will officially terminate driver’s licenses for certain medical reasons, and law-abiding motorists will need to undergo a medical examination not only before learning to drive, but also once every 10 years. It was decided to introduce these innovations mainly for professional drivers. For ordinary drivers, in principle, nothing has changed, because drivers already appeared at the doctor’s office to receive a certificate every ten years, that is, when replacing their license.
An employer has no right to allow a driver to work who has not passed a medical examination. Moreover, if failure to undergo a medical examination was not due to the fault of the employer, then the employee’s wages are not accrued for the period before passing the medical examination.
What kind of training should be given to drivers?
Attention
IMPORTANT If there is repeated failure to comply with the law, the company’s activities may be suspended for a period of 3 months to 3 years. If the unlawful admission of an employee to work results in death or significant harm to health, the employer may face imprisonment for up to 5 years. Responsibility of the employee for failure to provide training All new employees, when hired, must undergo all types of training related to the performance of functional duties and the general rules adopted at the enterprise.
Ignoring requirements or violating established procedures on the part of a new employee or the person responsible for conducting the training is considered a disciplinary offense, which threatens with appropriate punishment for the violator (this may be a fine, warning, reprimand or dismissal). Please note: Training is conducted on the basis of a program approved by the company’s management. The procedure and content of the program are regulated by local authorities responsible for supervision in this area of activity. Fire safety induction training is usually part of general occupational safety training.
Initial briefing The head of the department in which the new employee will perform his functions is responsible for drawing up a program and conducting initial briefing upon hiring. Training is carried out both individually and on a group basis - in the case of employment of several people at once for a similar position. At the end of the educational process, a knowledge test is carried out, which may be accompanied by a demonstration of practical skills.
The completed procedure is recorded in the accounting journal. IMPORTANT Without completing training, an employee is not allowed to undergo an internship.
The traffic police driver must behave in a balanced and polite manner. If there is any doubt about the person applying for control, the driver has the right to demand the presentation of identification to establish the identity of the position held. 5. THE DRIVER IS PROHIBITED - to drive a vehicle while intoxicated or under the influence of drugs; - drive a vehicle in a state of illness or fatigue, if this may jeopardize traffic safety; - transfer control of the vehicle to persons who do not have a certificate for the right to drive a vehicle of this category or who are not indicated in the waybill; - transfer control of a vehicle to persons under the influence of alcohol; — use a vehicle for personal gain; — change or deviate from a given route.
6.
1. Documents to be presented by the driver when applying for a job >>>
1.1. Driver's license >>>
2. Familiarization of the driver with local regulations >>>
3. Conclusion of an employment contract with the driver >>>
3.1. Duration of the employment contract with the driver >>>
3.2. Traveling nature of the driver's work >>>
3.3. Driver remuneration >>>
4. Drawing up an order to hire a driver >>>
5. Filling out the driver’s work book >>>
6. Entering information into the driver’s personal card >>>
Documents to be presented by the driver when applying for a job
In Art. 65 of the Labor Code of the Russian Federation defines a list of documents presented when applying for a job. In accordance with this standard, the driver of the car must submit the following documents:
— passport (other identity document);
- work book;
— insurance certificate of compulsory pension insurance;
— military ID (temporary certificate);
- driver's license.
Driver hiring law 2020
What else is required from the management of the enterprise? If citizens of Kazakhstan have the status of temporarily or permanently residing individuals in Russia, the employer should register them as payers of contributions to the Pension Fund. You can skip this point only if you already have a certificate of compulsory pension insurance - this is indeed possible if Kazakhs previously officially worked in Russia.
Hiring citizens from Kazakhstan in 2020
If the purpose of the visit is not employment, the stay of Kazakhstani citizens in Russia is limited to 90 days. The exception is university students (full-time study) and those who have applied for a temporary residence permit.
Given the increased danger of road transport, special legal regulation measures are applied to its drivers - in general civil law this is expressed in the need to obtain a driver’s license, which requires the provision of a medical certificate. However, regular work activity associated with driving vehicles is a source of even greater potential danger - in connection with this, additional restrictions and standards are established by law for such workers. In particular, such labor and social safety measures include medical examinations of drivers.
Filling out an employment contract with a driver
- The start date of the contract is a mandatory requirement. This is the date when the employee begins to perform his work duties with this employer.
- The details of the employer and the citizen hired as a driver are indicated.
- Labor function and place of work.
Art.
57 of the Labor Code defines the general requirement for a number of conditions that must be reflected in a standard employment contract, applicable to all employees of the organization. But for special categories, drivers, there are conditions that must be specified based on what the driver’s work involves. Besides what we call:
- job title;
- structural unit of the organization;
- indicate the job function;
- we prescribe the operating mode if it differs from the generally established one within the organization;
https://youtu.be/V2TYYybxY40
we are obliged to prescribe special conditions regarding the direct performance of his official duties. These are the conditions that determine the nature of the work.
By nature, the work in relation to the driver can be classified (Article 57 of the Labor Code):
- to normal (without features);
- traveling;
- on my way.
For the convenience of documenting trips, it is better to establish a traveling nature and secure it with an employment contract. Then the employer will not need to arrange business trips when traveling for a long time or distance. Your presence on the road is confirmed by waybills.
On-the-go jobs are usually indicated for truckers. It implies the inability to return home at the end of the work shift and a long stay on the road.
Guarantees and compensation for work with harmful and (or) dangerous working conditions are applied if the organization has the results of a special assessment of workplaces. If it is carried out, then you should look at what is provided as guarantees and compensation for the driver. Most often, when passing certification, the driver’s workplace receives a hazard class of 3.1 or 3.2.
If the workplace belongs to a certain hazard class, additional annual paid leave, increased wages, and reduced working hours are usually provided. All of them are reflected in the employment contract.
- Operating mode.
There are two articles in the legislation regarding the operating mode: 57 and 189 of the Labor Code of the Russian Federation. All regimes for any category of employees must be prescribed in the internal regulations of the organization. However, for a number of drivers, special conditions may be established; then these will be individual work parameters and they must be reflected in the employment contract.
Indicated:
- mode name;
- start and end times of the work shift;
- working days and weekends are determined;
- It is also recommended to prescribe the standard hours that the employee will work.
If this is a standard working day, then you can be guided by the production calendar for a certain category of employee (for example, for harmful and dangerous conditions, the norm should not exceed 36 hours per week). The contract must also stipulate breaks for rest and food: their number, duration (in accordance with labor legislation and Order of the Ministry of Transport No. 15), and the procedure for provision.
- Internship.
Legislation limits the ability to begin full-time work without an internship for a number of categories of drivers:
- those who have started working as a driver for the first time or have no experience working on the type of vehicle on which work will be carried out in this organization;
- if there is a break of more than one year as a driver.
- Salary. A mandatory condition of labor relations is the establishment of remuneration for the employee. The contract must specify the system for calculating remuneration, as well as additional payments in the form of allowances and surcharges.
- The condition of full financial responsibility. In the case of transportation of goods or money, the employer has the right to enter into an agreement with the driver, within the framework of which he will be responsible for their safety.
We invite you to familiarize yourself with the need for a diagnostic card in case of an accident
Medical examination of drivers in 2020
The legal regulation of medical examination of drivers is enshrined in the provisions of Article 213 of the Labor Code, as well as in the provisions of Article 328 of the Labor Code of the Russian Federation. However, this regulation contains only general principles for the medical examination of drivers in 2020. The issue under consideration is most fully disclosed by the provisions of Order of the Ministry of Health No. 835n dated December 15, 2014, as well as Federal Law No. 196 dated December 10, 1995. In accordance with the standards of these documents, types of medical examinations of drivers can be divided into the following categories:
Mistakes made when hiring a driver
Mistake No. 1. Enterprises hiring a bus driver must comply with a number of requirements in accordance with Order No. 287. Employers often mistakenly believe that the requirements must be met for any type of activity. This is the wrong position. Professional selection of drivers is carried out only by enterprises engaged in transportation activities and having the appropriate OKVED in their constituent documents. Employers who hire drivers for their own needs are not covered by Order No. 287.
Medical certificates and sick leave certificates in Biryulyovo
The Biryulyovo clinic of the INTELmed clinic network provides a wide range of services, including the issuance of medical documentation - extracts, certificates for the swimming pool and kindergarten, sick leaves. The timing of receiving documents depends on the purpose of the application and the amount of research that needs to be carried out.
See the approximate cost of services in the corresponding section of the site. Do you want to prepare medical documentation of the established standard quickly and inexpensively?
Contact us - it’s convenient to get information for:
- playing sports and participating in sports competitions,
- visits to the pool,
- trips to a health camp,
- kindergarten, school, university and other educational institutions,
- visa processing, etc.
Other services include issuing:
- driving licenses,
- inpatient medical records
- epidemiological conclusions about the absence of contacts with an infected person,
Do I need a medical certificate when applying for a job?
Contents of the article: Many motorists think about the need to obtain a certificate.
Is there such a problem or can such a requirement be avoided without violating the legislation of the Russian Federation and driving the car legally? The specifics of issuing a medical certificate for drivers are determined by the current legislation of the Russian Federation. A document is required for each candidate driver, since otherwise the exam will not be possible due to the lack of access and resolution of documentary issues.
Otherwise, many activities with the car become impossible. Return of driver's license
