Employment contract with a driver

When registering an employment relationship with a vehicle driver, you should be guided by the general rules of employment. However, the employment contract in this case will have its own characteristics, which we will discuss below.

You can download a sample employment contract with a driver below.

The employment contract is drawn up on the basis of the documents provided by the candidate (Article 65 of the Labor Code):

civil passport;
SNILS;
educational documents;
driver's license;
work book;
certificates from a medical institution confirming the examination completed
military ID.

In general, the procedure for filling out the details of an employment contract is common when applying for a job. It is drawn up in two copies, one of which is given to the employee after signing.

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;

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. Legislation recognizes a car as a vehicle of increased danger and the person driving the vehicle works under risk conditions.

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.

For example, for working overtime, at night, etc.

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.

Sample form of an employment contract with a driver 2020

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.

Samples of an employment contract with a driver 2020

Contracts can be fixed-term or indefinite, main or part-time. The Labor Code sets certain restrictions for drivers. And when concluding an employment contract, it is important to take into account the requirements of Article 329 of the Labor Code, which prohibits the establishment of part-time work for the driver who drives the vehicle. You cannot be a driver at your main place of work and a part-time driver.

With a truck driver

Cargo transportation can be carried out both over relatively short distances and long distances. In any case, it is advisable to conclude an agreement with the driver on financial liability for the entrusted cargo in the event of its complete or partial loss as a result of circumstances related to its movement.

In the case of a truck driver, it is necessary to stipulate in the employment contract an individual work schedule, terms of payment for irregular hours of work, as well as compensation related to maintaining the vehicle in working condition.

When hiring a driver for organizations involved in the transportation of large and (or) heavy cargo, it is necessary to pay attention to his driving experience. It must be more than 5 years, with the condition that the last year has been worked in transport of the corresponding category. Drivers who do not have a penalty in the form of deprivation of their license in the coming year are allowed to transport dangerous goods.

Sample employment contract with a truck driver

With a driver in a personal car

Art. 188 of the Labor Code obliges to pay attention to the situation when an employee uses his personal transport for work purposes. In this case, the employer can agree with the driver on compensation for expenses associated with depreciation of the vehicle. The amount of such compensation is determined solely by agreement of the parties to the employment contract and is formalized in an additional agreement to it. It is also recommended to enshrine the list of payments in a collective agreement. This may include: payment for fuel and lubricants, vehicle repair and maintenance.

We also accept the option when the employer also signs a vehicle rental agreement with the driver. It stipulates all the operating conditions of the car and the associated costs.

Sample employment contract with a car driver

With the bus driver

When registering an employment relationship with a bus driver, it should be taken into account that the candidate must have a driver’s license confirming the right to drive such a vehicle (category D). In cases of long-distance passenger transportation, it is necessary to provide for a work and rest schedule in accordance with the requirements of Order of the Ministry of Transport No. 15.

Sample employment contract with a freight bus driver

With a taxi driver

A citizen can be hired as a taxi driver:

with personal transport;
for a car owned by the employing company.

In the first case, the employer must conclude not only an employment contract with the driver, but also a rental agreement for a car, which is the personal property of the employee.

The employment contract with the taxi driver should also provide for an irregular work schedule and the possibility of night shifts.

Sample employment contract with a taxi driver for a rented car

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

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.

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:

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;
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;
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.

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;

We invite you to familiarize yourself with: Claim for failure to comply with the terms of the contract
When concluding a contract with a driver for a personal car used by the employee for official purposes, in agreement with the employer, depreciation costs associated with mileage, the cost of wear parts and repairs are additionally reimbursed.

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

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.

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:

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.
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.