The provisions of the Labor Code stipulate the need to conclude an agreement with all employees. Regardless of their type of activity. Let us further consider the main subtleties of concluding an employment contract with a truck driver and a sample of such a document.
Normative regulation
All major issues related to the conclusion of an employment contract between an employer and a trucker are regulated by the content of the Labor Code of the Russian Federation. It is in his chapter 51 that the general features that should be followed when hiring an employee to drive vehicles at short and long distances (as in the case of truckers) are indicated.
It is important to note that certain rules regarding the employment of truckers can be indicated in local regulatory acts in force in a particular enterprise (collective agreements, regulations, etc.).
General requirements for truckers
It is important to note that, in accordance with the general requirements, all persons applying for the position of trucker are put forward uniform requirements, some of which are, rather, of a recommendatory nature, but their observance ensures the safety of not only the employee himself, but also those around him people. These requirements include the following:
- passing by a person a professional selection;
- the presence of a diploma on passing specialized training;
- the presence of a medical examination (a certificate of such passage is required at each interception for the performance of official duties).
As for the recommendation requirements, these include accident-free driving experience, as well as extensive experience with him (especially if you plan to travel long distances or in difficult terrain). The absence of bad habits is also a positive quality of the future driver.
Features of registration of a trucker for work
It is important to note that the labor legislation provides for certain features of the employment of truckers for work. First of all, when drafting the 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 carried out, as well as the subtleties of controlling him and the distance.
On the other hand, the peculiarities of drafting the contract are that in a number of conditions of the contract some features must be observed regarding wages and liability. We investigate this in more detail.
Documents required at the conclusion of the contract
It is important to note that the procedure for concluding an agreement with a trucker on hiring him involves providing a future employee with a certain set of documents, which is much wider than the standard required for employment in other positions. Among the required documents, it is worth highlighting not only a work book and passport, but also:
- SNILS;
- military ID;
- documents confirming the availability of education;
- driver's license;
- health certificate of a candidate issued by a medical institution.
It should be noted that, depending on the type of transport on which the employee is expected to fulfill his duties, attention is drawn to the category of rights (as a rule, truckers need documents of categories C and D).
Subtleties of the document
It is worth noting that in the process of concluding an IP employment contract with a truck driver (according to the model), it is important for the employer to adhere to certain rules. Also, it is 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 both urgent and unlimited - this factor is determined at the discretion of the parties and, depending on the circumstances. The document must be submitted on paper and be signed by both parties.
Next, we consider some of the subtleties of drafting an employment contract with a truck driver, a sample of which is presented in this article.
Why it is not necessary 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 for the agreement, however, in the case of a contract with a trucker, many employers and legal advisers working at enterprises have a question about which place to indicate in the text of the contract, because the specifics of the work driver's stay in constant traveling.
It is worth noting that many specialists in the field of labor law often recommend not to indicate the place of work in the body of the contract. This is due, first of all, to the fact that the route of the driver’s movement can change regularly, which is why it is simply impossible to indicate a specific place. In case of non-compliance with such a recommendation, it will be necessary to regularly amend the contract, which complicates the work.
How to be in this situation? Practice shows that if there is a traveling nature of work, only the place of the actual location of the employing company (or individual entrepreneur) can be indicated in the employment contract with the truck driver - labor legislation does not prohibit this.
A few words about employee qualifications
An individual labor contract of a trucker must certainly contain information on the qualifications of the employee, moreover, it must fully correspond to the level that is necessary for the fulfillment of the tasks stipulated by the agreement.
It is worth paying attention to the fact that the activity of this employee is associated with the management of a fairly large vehicle, which requires a certain level of qualification. A citizen applying for a position must have the rights of the corresponding category, as well as a medical certificate confirming his successful medical examination.
Terms of payment
It is worth noting that, on the basis of Russian labor legislation, any work done, stipulated by the agreement concluded between the parties, must be paid. The work of truckers is no exception. What features does this condition have? We consider them in more detail below.
First of all, it is necessary to provide that, in most cases, the work of drivers is irregular. In this regard, specialists in the field of labor law recommend that employers provide for wage conditions on weekends and holidays, as well as at night and even in cases when overtime work is required in the agreements concluded.
Specialists strongly recommend that you specify in the contract a specific payment system provided for a particular driver. Practice shows that in fact, a time-based or piece-rate system is often chosen, less often a tariff-free methodology is determined. The possibility of accruing allowances and the cases in which they take place 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 for the type of contract under consideration is the establishment of a work schedule.It should be noted that it should be installed in accordance with the requirements presented in the content 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 operating mode must be determined in strict dependence on the vehicle’s traffic schedule. The law establishes the maximum duration of the period during which any employee can perform his duties - no more than 40 hours a week (hence, no more than 8 hours a day for a five-day working week). Practice shows that to ensure timely delivery of goods by truckers, employers quite often use a system of cumulative accounting of working hours. 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 conditions 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.
About working conditions
Any employer must certainly remember that one of his main responsibilities entrusted to him by labor law is to ensure the proper conditions for the employee to fulfill the agreed activities. It is important to note that these conditions should also be spelled out in the document.
It is worth noting that the main condition of an employment contract with a truck driver (a sample of the Republic of Kazakhstan 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 inspection by a vehicle mechanic (the frequency should be determined by the text of the agreement). Often, in order to avoid unforeseen situations, the concluded agreement provides for a ban on the operation of working vehicles for personal purposes, after hours or without a waybill.
In addition to all of the above, the agreement must certainly provide for a certain mode of rest for the employee.
About liability
In the sample employment contract with the truck driver of the truck, you can observe the existence of a condition on the liability 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 responsibilities include the transportation of any valuables, as well as their accounting, extradition or storage (truckers, forwarders, cash collectors and others). It is important to understand that in all other cases the contract may also provide for liability conditions, but it can only be applied in a limited way.
Additional terms of agreement
It is important for any employer to understand that the presented sample of an 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 when taking into account the traveling nature of work, a sample of an employment contract with a truck driver can be supplemented by other conditions that fully ensure the proper execution by him of the duties assigned to him.
What may be included in the number of additional conditions? Depending on the features of the work, they may include requirements for:
- acceptance of goods from designated warehouses;
- checking the correctness of the work on loading and unloading goods;
- ensuring proper delivery of goods to a specific destination;
- timely fueling of vehicles;
- ensuring proper parking for the vehicle at the end of the shift;
- monitoring the preservation of the integrity of containers.
It is important to understand that an additional condition prescribed in the contract must be compliance with the rules of the road throughout the entire period of the performance of labor duties.
If the driver is working on freight transport
As practice shows, most often the work of forwarders and truckers is carried out on freight transport and involves movement over long distances. In this case, the agreement must certainly provide for the establishment of an irregular schedule, as well as the presence of certain compensations and guarantees for those cases when there will be processing. The content of the agreement providing for the trucker to work on a truck should include the definition of conditions for a person to rest.
The legislator notes that in order to drive a cargo-type vehicle, the trucker hired must have the rights of categories C, CE, C1, C1E (depending on the intended work).
If the driver works in a personal car
In some cases, the employer is looking for a trucker or forwarder with his own car. It is important to note that in such a situation, an additional agreement on the rental of vehicles may be concluded between the parties. Lawyers recommend doing this to share responsibility for risks that may occur during the operation of the machine. Moreover, according to experts, in such a situation, a full refund to the vehicle owner for its use during the performance of labor duties (when buying spare parts, fuel and other things) is possible.