Nature of work in the driver’s employment contract

11.09.2019

233

6 min.

Truck, bus, taxi and personal chauffeur drivers are among the most in-demand professions in the labor market. But the activity itself is specific, so when signing an agreement, employers and employees themselves must take into account a lot of important points. First of all, this is the work schedule and the payment provided for the workload, the actual location of the office of the employing company.

Specifics of the content of the employment contract

Prerequisites

The content of the contract is regulated by law, and there are a number of clauses that are included in the agreement in order for it to be considered legally valid. Mandatory conditions are specified in Art. 57 of the Labor Code of the Russian Federation, and these include:

It is important to know! The level of requirements for the driver is determined by the type of transport with which he will work. The company warns about them in advance and checks the availability of qualifications before offering a contract for signing.

Despite the fact that the actual workplace is the cab of the car, the company office is indicated as the address. It is the responsibility of the employer to provide serviceable transport, with the exception of cases when a citizen rents out his car. He undertakes to keep it in good condition, and this concerns not only the technical side of the issue, but also the hygiene of the interior and cargo compartment. This is especially important in the field of passenger transportation.

Additional nuances

In addition to the main points, an employment contract with a freight forwarder driver may also contain additional points that reflect the specifics of the work and regulate controversial issues. They will differ in each individual case, as they are directly related to the type of travel. Typically the points cover the following points:

If the car belongs to the driver, and he will perform his functions on it, then it will also be necessary to conclude a lease agreement for this vehicle, providing for depreciation compensation or a monthly fee.

Material liability

The driver is not a financially responsible employee, since this profession is not included in the list established by Resolution of the Ministry of Labor No. 85 of December 31, 2002. But specifying an additional clause in the contract is possible if the employee is simultaneously assigned the function of a freight forwarder. In case of loss of cargo or its damage, he undertakes to compensate the employer for the damage caused, with the exception of lost profits.

Situations when the driver is charged with financial responsibility are provided for in Article 243 of the Labor Code of the Russian Federation. These include:

The employer has the right to recover damages, but this is not his responsibility, that is, under certain conditions, the citizen and release him from compensation. Compensation is carried out within the framework of wages; if the losses received are greater, then legal entities often go to court.

Work mode

Each driver hired for a position must have a schedule specified in the contract. It is drawn up by the employer indicating the beginning and end of the work shift, the time provided for rest and food, as well as days off. One of the following types of work scheme is approved:

Taking into account the fact that the work is traveling, hours worked are considered to be all spent on driving a car or truck, specialized rest breaks en route, downtime caused by no fault of the driver, and parking at loading or unloading points for the shipment. The law stipulates that to work 8 hours a person does not need to be behind the wheel all the time. They also include the periods necessary to conduct a full medical examination before the flight.

It is important to know! Some organizations are trying to shorten lunch breaks for delivery drivers at the expense of time for rest - this is considered a violation of the Labor Code of the Russian Federation.

Features of remuneration

The employment contract of an individual entrepreneur with a driver, as well as with a legal entity, must contain key payment terms. If the activity is related to an expedition, then on the basis of Art. 168.1 of the Labor Code of the Russian Federation, the employer reimburses the following travel expenses:

Contents and terms of the employment contract with the driver

Mandatory terms of an employment contract according to the code:

place of work;
list of assigned duties;
the date from which the employee starts work;
payment procedure for work;
Work mode;
various types of guarantees and compensation;
working conditions;
features of working in special conditions that differ from standard ones;
validity.

The work may involve various non-standard situations, the conditions in which differ from the usual ones. The working day may be irregular, travel may be both within the city and beyond, and business trips may be included.

Traveling nature of work in the employment contract

In general, the nature of the work is traveling, regardless of what kind of vehicle is being driven - a truck or a passenger car. In the process of performing work functions, the driver must make regular trips of varying durations. In this case, trips may involve a daily return to the place of residence. That is, the driver’s work is of a special nature, and therefore the conditions for its implementation are necessarily described in detail in the employment contract.

The employer must establish how and in what amount it will reimburse the driver’s expenses on daily trips, as well as on business trips. This condition can also be enshrined in a separate regulatory internal act, then it does not need to be specified in the employment contract. It is necessary to clearly define how expenses for travel, accommodation, food are reimbursed, the amount of daily allowance is established, as well as the procedure for reimbursement of other expenses. If the organization does not have a local act regarding such expenses, then this condition must be included in the employment contract.

The employment contract specifies the territory in which the driver travels. If travel outside this territory is required, it will be considered a business trip.

Differences in this point may be related to the type of vehicle the driver is driving - a truck or a passenger car. At the bottom of the article there is a sample agreement for the driver of a truck and a car.

Remuneration in an employment agreement

The employer can establish any convenient remuneration system for the driver. In this case, it is necessary to take into account the increased level of wages for performing work functions at night, holidays, and overtime. Remuneration may include a salary and various bonuses; it may be piecework, when labor is paid according to the time worked and the volume of actions performed.

Validity

The contract may be of a fixed-term or indefinite nature. Urgent provides for its termination upon the occurrence of an event specified in the agreement. For example, when hiring a driver during the absence of the main employee, the moment of termination of the employment relationship will be the exit of the absent employee. If a driver is hired for seasonal work, the relationship ends upon the end of the season. When concluding an employment contract with a driver to perform a certain amount of work, for example, transporting a specific volume of cargo, the validity period ends at the time the stated scope of work is completed.

A fixed-term employment contract is terminated on the basis of clause 2, part 1, article 77 due to its expiration. To conclude a fixed-term employment relationship, compelling circumstances are required; the employee cannot be forced to sign such an agreement.

If the contract does not indicate the period of its validity, then it is of an indefinite nature. If, upon expiration of the fixed-term contract with the driver, neither party takes any action, then the relationship also becomes indefinite.

Material liability

The employment agreement is drawn up in two copies, each party signs it, after which it receives one copy. Any changes to the conditions are possible upon signing an additional agreement.

The concluded contract is registered in a special journal, a sample of which can be downloaded here.

Grounds for termination of the contract

Termination of an employment contract with a driver occurs on a general basis. However, there are also specific reasons when the contract is terminated unilaterally. These include:

The employer is obliged, first of all, to offer the person a transfer to positions that correspond to his level of qualifications and state of health. All of them are offered by companies in the same region where the person previously worked. With his consent, it is possible to fill vacancies in neighboring regions. In the latter case, the citizen is transferred to a job that is not related to driving vehicles.

The position of a driver is itself a complex one, therefore, when hired, all key aspects of compensation and motivational payments are reflected in the agreement signed between the company and the citizen. It may indicate additional conditions under which cooperation is terminated, or financial liability in the event of damage to cargo or transport as a result of deliberate actions of a person.

Source

Nature of work in an employment contract: what it is, how to indicate

This type of work activity applies to all representatives of transport services. Based on Government Decree 554, a civil or legal entity that performs or organizes transport activities is called a freight forwarder.

Paragraph 100 of the Labor Code describes the establishment of a special time regime for carrying out work activities. Considered for workers in the field of transport, communications and other cases described by this legislative act.
Paragraphs 165 and 168 regulate the payment of compensation for activities that relate to work “on the road”, traveling and in the field.
Paragraph 312 deals with the working relationship between the employer and the telecommuter.

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Drawing up a document indicating the traveling type of activity

If the employer does not have the desire to formalize the activity as traveling, then the employment contract is drawn up in a standard form.

In this case, the contract must necessarily contain information about the address of the workplace, position and regulations for the performance of official duties.

If it is not possible to record this information, then it is necessary to enter the nature of the work. The definition, grounds and conditions for the traveling nature of work must be prescribed in a separate local act drawn up by the company’s management. For this, there are standards that are set out in Letter of the Federal Employment Service No. 4209-TZ dated December 12, 2013.

The employment contract must contain the following information:

Working conditions where dangerous and harmful parameters can be identified.
Name and address of the organization with contact numbers, as well as all other details.
Place of signing the contract and date.
Duration of the contract (fixed or unlimited).
Data of the counterparties of the employment contract (personal data, company name, etc.).
Place of work and position held. If the work is traveling, the specific address of the administrative premises is indicated, and the nature of the work is also recorded.
Working conditions indicating the base rate as an additional payment for travel.
Nature of work. It must be recorded that he is traveling on the basis of the relevant documents: a local act and an order. The data in these documents is provided as a reference.
Other data at the request of counterparties.

The contents of the employment contract are described here.

Examples of wording of the traveling nature of work:

“Functional responsibilities require traveling nature of work outside of Moscow and the Moscow region.”
“Work activity involves traveling within the city of Yaroslavl and the Yaroslavl region.”

Nature of work in the employment contract (types)

With the flexible nature of the work, the employee’s employment contract constantly changes his place of work and his physical location. In other words, a person’s workplace is mobile and moves geographically. The ability to return home after the end of the working day may or may not be present in this type of work. Workers who have a mobile nature of work are logging workers and builders of various facilities, including roads and pipelines. A person has a certain area of work, which disappears when a certain amount of work is completed. Afterwards, a new work site appears, geographically located in a different area. For the mobile nature of work, a distinctive feature is the regular movement of a person’s workplace.

The traveling nature of the work in the employment contract implies that the performance of labor duties occurs at a considerable distance from the employer’s location and the person’s direct workplace. The traveling nature of the work includes business trips on an ongoing basis. However, they should not be confused with the employee’s business trips, since with the traveling nature of the work, the person must return home by the end of the working day. Business trips are one-time, isolated in nature, while with the traveling nature of the work, the employee’s movements are a mandatory condition necessary for the performance of his labor functions. Examples of positions that have a traveling nature include the work of a driver, courier, and postman.

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