Last modified: June 2020
The specifics of using the labor of transport employees are established by Chapter 51 of the Labor Code of the Russian Federation. A citizen must undergo professional selection and specialized training. Hiring is carried out after passing a medical examination. The employment contract with the driver contains special conditions regarding wages, working hours, and financial liability. It is advisable to select a candidate with an accident-free driving record, no bad habits, and extensive work experience.
Features of applying for a driver's job
When hiring a citizen, in addition to the standard package of papers, additional documents are required.
The documentation package includes:
- passport;
- employment history;
- SNILS;
- educational documents;
- military ID;
- driver's license;
- health certificate from a medical institution.
Important! The type of transport the employee will travel on is taken into account. To drive a truck or bus, you must have category D and C licenses. Otherwise, he will not be able to drive the vehicle.
Recommended driving positions
When drawing up an agreement between a trucker and an employer, it is important for the driver to consider the following points:
- Nature of the work. In most cases he is traveling. The address of the carrier organization must also be indicated here.
- Duration of the employment contract. It may be indefinite.
- It is advisable to conduct an internship during the probationary period.
- Since the work of a truck driver has an irregular schedule, you need to pay attention to the clause on payment terms.
- The work schedule should include:
- loading and unloading operations;
- Troubleshooting along the way;
- presence of an accompanying person;
- cargo security;
- conducting a medical examination before and after the flight.
- Safety. This includes regular maintenance.
- The ability to carry out urgent repairs on the road and the availability of the necessary tools.
- Financial responsibility for the transportation of particularly valuable cargo.
For the forwarder
The employment contract between the employer and the delivery driver must contain the following clauses:
- It is forbidden to leave a car unattended.
- Parking is permitted only in guarded parking lots or within direct sight.
- When leaving the salon, turn on the alarm.
- When driving or parking, place the doors on the block.
- It is forbidden to bring unauthorized persons.
- If a cargo shortage or damage is detected, draw up reports.
For international
Truckers traveling to another country need to know the following rights and responsibilities:
1. Have documents:
- international certificate;
- international passport;
- document on the professional suitability of an international specialist;
- weekly registration sheets;
- in the absence of a tachograph - a personal control book;
- international standard waybill;
- health book with an AIDS check mark;
- document for customs clearance of personal luggage.
2. A truck driver must know:
- basic rules for transporting goods between countries;
- licensing stages;
- regulations on technical and environmental requirements for the machine, work and rest regime;
- features of ensuring safety when transporting special cargo;
- procedure for completing documentation at customs;
- cargo classification;
- types of vehicles for transporting certain products;
- basics of safe cargo securing;
- methods of loading onto a specific type of trailer;
- one foreign language at a conversational level.
By freight transport
In addition to the general requirements, a truck driver must know the structure of the vehicle, the operating principles of its mechanisms, and the trailer. A truck driver must be familiar with labor safety instructions, carry out regular vehicle inspections, be able to safely place cargo, unload it, and use a tachograph.
By personal car
The driver of a personal car must insure the vehicle, be able to predict and prevent dangerous situations, know the impact of weather conditions on road safety, and the basics of stowing luggage.
It is important, as for any driver, to be able to diagnose problems, correct them, and call a transport service if necessary. The car must have a first aid kit and fire-fighting equipment.
How to conclude an employment contract with a driver
In general, the employment agreement with the driver contains standard conditions with the exception of some features. It can be subscribed for a specific period or be indefinite. Let's take a closer look at what points you should pay attention to.
Why it is not advisable to indicate your place of work
The place of work is one of the essential terms of the employment contract. When drawing up an agreement with the driver, you need to remember that he is constantly on the road. The route may constantly change, so it is impossible to indicate a specific place of work.
It is not advisable to include this parameter in the contract. Otherwise, you will have to make changes to it regularly. It is recommended to write that the work is of a traveling nature and indicate the employer’s address.
Qualification requirements
The labor function of a driver is related to driving a vehicle. Therefore, there are qualification requirements. A citizen must have a license of a certain category depending on the type of car. To obtain admission you must undergo a medical examination.
Features of wage conditions
The driver’s work may be irregular, so the contract should specify the terms of payment on weekends, nights, holidays, and for overtime work.
You should also choose one of the types of remuneration system: time-based, piece-rate, non-tariff, with allowances, and other parameters.
Special work schedule requirements
Working hours are determined based on the rules contained in Order No. 15 of the Ministry of Transport of Russia dated August 20, 2004. A special regime is established for drivers. It depends on the transport schedule. The maximum working time cannot be more than 40 hours a week, 8 hours a day. It is allowed to use summarized accounting, in which a shift should last no more than 10 hours (in special cases - no more than 12).
Working conditions
Working conditions must provide for safety. The driver undergoes pre-trip and post-trip vehicle inspection by a mechanic. You cannot use transport for personal purposes outside of working hours without a waybill. A rest regime must be observed.
Employee's financial liability
The condition of full financial responsibility is included in the contract with the forwarding driver, the collection driver, the driver whose responsibilities include the receipt, procurement, storage, accounting, issuance, and transportation of material assets. In other situations, the driver bears limited liability.
Additional terms
Additional conditions may be included in the agreement depending on the nature of the work performed.
A sample list includes:
- compliance with traffic rules when driving a car;
- acceptance of cargo from the warehouse;
- monitoring the integrity of cargo packaging;
- checking the correctness of loading and unloading operations;
- ensuring delivery of cargo to its destination;
- timely refueling of vehicles, replacement of lubricants, etc.;
- placing transport in a designated place at the end of the work shift.
Recommendation! If the car does not require disassembly, it can be envisaged that the driver corrects minor faults independently.
Sample employment contract with driver
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.
Features of an employment contract with a driver depending on the type of transport
When filling out the contract, you need to take into account the specifics of the activity and the type of transport.
Taxi driver
The taxi driver works in irregular hours. A special work schedule is established, which includes night shifts. These points must be reflected in the contract concluded with the taxi driver.
Bus driver
When signing an employment agreement with a bus driver, the specifics of driving a vehicle are prescribed. The qualification requirements include a mandatory condition on the presence of categories D, DE, D1, D1E.
Truck driver
When transporting goods over long distances, it is impossible to establish a specific route. The citizen works in irregular working conditions. Therefore, guarantees and compensation in case of overtime and rest conditions are included in the contract with the truck driver. The obligation to have an open category of rights C, CE, C1, C1E must also be indicated.
If the driver operates a personal vehicle
When concluding an agreement with a driver who drives a personal car, you can additionally sign a contract for renting a vehicle. This is necessary to share responsibility and reimburse the citizen for the use of his vehicle.
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How to format correctly
The future employee must provide an identity card and work book, as well as other documents provided for in the contract. Registration takes place in accordance with the employer’s Order. Typically, an order is drawn up based on the applicant’s application for employment.
An employment contract with a truck driver-forwarder and its sample is concluded in writing in two copies. Upon request, a sample or example of an employment contract with a truck driver can be downloaded on the Internet for free.