11.09.2019
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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.
We recruit a driver
— allow drivers who do not have Russian national driver’s licenses confirming the right to drive vehicles of the relevant categories and subcategories to drive vehicles;
In accordance with Order of the Ministry of Health and Social Development of Russia dated September 28, 2021 N 831n “On approval of a single sample Medical certificate of admission to driving vehicles”, this form records the presence or absence of medical contraindications for the driver of the vehicle or the establishment of conditions for admission to driving a vehicle in relation to him based on the results of examinations by medical specialists, including a psychiatrist and a narcologist.
Employment contract with delivery driver
3.5.3. Overtime work is paid in rubles, with no less than one and a half times the rate for the first two hours of work, and no less than double the rate for subsequent hours. At the Employee's request, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.
- illegal deprivation of the Employee's opportunity to work;
- causing damage to the Employee as a result of injury or other damage to health associated with the performance of his work duties;
- causing damage to the Employee's property;
- wage delays;
- in other cases provided for by the legislation of the Russian Federation.
In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by the unlawful actions of the Employer.
Forwarding driver resume
- formation of routes;
- delivery and acceptance of goods;
- maintaining supporting documentation;
- work with clients;
- forwarding;
- monitoring the technical condition of the vehicle;
- cargo delivery in Moscow, Moscow region, Russia.
On our website, everyone can find a contract or a sample document of interest for free; the database of contracts is updated regularly. Our database contains more than 5,000 contracts and documents of various types. If you notice an inaccuracy in any agreement, or the impossibility of the “download” function of any agreement, please contact us using the contact information. Have a good time!
Documents required for hiring a forwarder driver in 2021
Here you will find a sample resume for a freight forwarder, which you can download and use to create your own resume. You can also use the recommendations for creating a cover letter for your resume.
Monitor the technical condition of the vehicle, independently carry out the necessary work to ensure its safe operation (according to the operating instructions), undergo timely maintenance at a service center and technical inspection. Submit in a timely manner the applications necessary to ensure the proper technical condition of the vehicle (regulated by the regulatory, reference and technical literature for this vehicle).
SAFETY REQUIREMENTS BEFORE STARTING WORK
2.1. Before starting work, the forwarding driver must:
— make sure that you have a license to drive a car and check your knowledge of safe work methods;
— have with you a vehicle technical passport and a waybill (route) sheet;
— receive a work order and a waybill, undergo training on the specifics of the upcoming work and a pre-trip medical examination.
2.2. After receiving the task order, the forwarding driver is obliged to:
— check the availability of a first aid kit, fire extinguishers and a set of tools;
- in order to ensure safe and uninterrupted operation, check the technical condition of the car, paying attention to the serviceability of tires, brakes, steering, propeller shaft mounting bolts, serviceability of wiring, headlights, brake lights, turn indicators, sound signal, instrumentation, mirrors rear view;
— carry out daily maintenance and refuel the car with fuel, oil, water, antifreeze (in the cold season) and brake fluid, check the electrolyte level in the battery;
— after refueling the car with fuel and oil, wipe dry all parts of the car stained with petroleum products.
Remove fuel and lubricants spilled during refueling using rags, sand or sawdust;
— check the operability and serviceability of the engine at idle, lighting and instrumentation, and also check the operation of the brakes and steering at low speed;
- present the car to the person responsible for releasing technically sound cars from the garage (mechanic) and receive a note on the waybill about the technical serviceability of the car.
2.3. The delivery driver must not travel if the following safety requirements are violated:
— malfunctions of mechanisms and systems in which the operation of the vehicle is prohibited;
— discrepancy between the characteristics of the vehicle and the characteristics of the cargo in terms of volume, carrying capacity, length and other parameters;
— absence or malfunction of lighting fixtures, rear-view mirrors, signaling devices, fire extinguishers.
Detected violations must be corrected on their own, and if this is not possible, the forwarding driver is obliged to report them to the person responsible for maintaining the vehicle in good condition, as well as to the person supervising the safe operation of vehicles.
2.4. The forwarding driver must check by external inspection the compliance of the working area with the requirements of safe work:
— sufficiency of lighting for loading and unloading areas;
— the condition of floors and other surfaces, the absence of unguarded openings, open hatches, ladders, etc., the absence of cracks, potholes, padded planks, etc.;
— stability of stacks of goods and containers;
— the presence of guards for moving (rotating) parts and heated surfaces of equipment;
— ensure the availability of free passages and passages to places where goods and containers are stored;
— check the availability and serviceability of the equipment used.
2.5. Before working at height, check:
— the presence of rubber tips at the lower ends of the stairs (when working on rough and concrete floors) or spikes (when working on wooden and earthen floors);
- for sliding stairs - the presence and strength of fastenings that prevent their arbitrary sliding during operation;
- for stairs with an upper landing, there is a fence on 3 sides.
New rules for hiring drivers in 2021
Answer. An internship is required when a person has not previously worked in a similar position, has not used his practical skills for a long time, or has undergone retraining. The employer will organize it. The internship requirements and procedure are regulated by the company’s internal document.
When applying for a driver position, the applicant is required to provide a standard package of documents. The list of its contents is provided in Art. 65 TK. It is relevant for all those who apply for any position.
We are hiring a delivery driver
At the same time, performing the work of driving a car is associated with the presence of restrictions. In particular, employees whose work is directly related to driving vehicles or controlling the movement of vehicles are not allowed to work part-time, directly related to driving vehicles or controlling the movement of vehicles (part one of Article 329 of the Labor Code of the Russian Federation). The working hours and rest hours for such employees are established taking into account the specifics established by regulations (part two of Article 329 of the Labor Code of the Russian Federation). Thus, for car drivers, by order of the Ministry of Transport of the Russian Federation dated August 20, 2021 N 15, the maximum duration of working hours, the minimum duration of breaks in work and other features are established. Work directly related to the movement of vehicles requires professional selection and vocational training, as well as a mandatory preliminary medical examination (Article 328 of the Labor Code of the Russian Federation).
At the loading point, the forwarding driver controls the placement of cargo on the vehicle in order to ensure uniform distribution of the cargo weight over the entire area of the vehicle or container body. In this case, larger and heavier loads are placed in the lower part and closer to the longitudinal axis of symmetry of the car body; when loading bulk cargo of different sizes, longer loads are placed in the lower rows. Gaps between cargo stacks and body walls and other free spaces are filled using various gaskets.
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Who is entitled to compensation?
The Labor Code uses the term “mobile work”, but it is not clear what it is. Court hearings initiated by a field employee almost always took place on the side of the employee performing his or her work away from the office.
A travel allowance at a fixed rate is defined as financial assistance from the employer, which compensates for the costs of a permanent place of work, i.e. trip. In addition, these payments are not subject to taxes, which are paid monthly by the company and working employees.
The Ministry of Finance has proposed a number of professions that are eligible for compensation if they are officially employed. These include
- Drivers, including truckers, transporting goods over long distances;
- Freight forwarders are those who accompany drivers;
- Logistics involved in permanent relocation.
Although the above professions are often non-governmental organizations, such as a manager dealing with a limited company or a sole trader in the public sector, there are also examples of such professions:
- Medical workers and their assistants (driver, nurse);
- Firefighters doing their job at the scene of a fire;
- The cops, that's where they get them. DPS, and PPS and others, who sometimes do not suspect it, keep our peace day and night.
However, unlike LLCs and individual entrepreneurs, government agencies have their own rules for calculating compensation.
Documents required for hiring a forwarder driver in 2021
Rationale for the position: Forced labor is one of the types of punishment for committing a criminal offense (Clause 1, Article 44 of the Criminal Code of the Russian Federation). In accordance with parts one and three of Art. 53.1 of the Criminal Code of the Russian Federation, forced labor is used as an alternative to deprivation of liberty in cases provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation, and consists of involving a convicted person in labor in places determined by institutions and bodies of the penal system. Part one of Art. contains a similar norm. 60.7 Penal Code of the Russian Federation. From the above legislative norms it follows that persons sentenced to forced labor are recruited to work regardless of their desire. At the same time, the involvement of convicts in labor is not considered as forced labor. This position is consistent with Art. 8 of the International Covenant “On Civil and Political Rights” and paragraph “c” of Art. 2 of ILO Convention No. 29 “On forced or compulsory labor”, which emphasizes that compulsory labor of convicted persons is not considered a type of forced labor. According to Art. 60.8 of the Penal Code of the Russian Federation, those sentenced to forced labor are forced to work in accordance with the labor legislation of the Russian Federation, with the exception of the rules for hiring, dismissal from work, transfer to another job, refusal to perform work, and granting vacations. In this case, a person sentenced to forced labor does not have the right to refuse work offered to him. Thus, legal relations arising in connection with the implementation of labor activities by convicts in places of serving their sentences are specific relations that are regulated by the norms of both penal and labor legislation. Since, by virtue of the direct instructions of Art. 60.8 of the Penal Code of the Russian Federation, convicts serving forced labor are not subject to the employment rules established by labor legislation; in our opinion, concluding an employment contract or issuing a work order in such a situation is not required *(1). The work of convicts, although regulated by labor legislation, is in itself a separate compulsory measure of correction. Issues related to the work of a convicted person are resolved directly by the administration of the criminal correctional institution and the organization providing work to the convicted person. The convicted person is brought to work in connection with serving his sentence, and not by his own will. Consequently, a person sentenced to forced labor is not a party to the employment contract. Indirectly, this conclusion is also confirmed by the fact that, according to paragraph 2 of part 2 of Art. 227 of the Labor Code of the Russian Federation, persons participating in the production activities of the employer, in addition to employees performing their duties under an employment contract, in particular include: persons sentenced to imprisonment and involved in labor (that is, the legislator distinguishes between the concepts of “employee” and “person , sentenced to imprisonment"). See also the ruling of the Tambov Regional Court dated March 25, 2021 N 33-1146/2021, the decision of the Ust-Ilimsk City Court of the Irkutsk Region dated November 15, 2021 N 2-2587/2021, the ruling of the Khabarovsk Regional Court dated January 15, 2021 N 33-191/2021 ). It is worth noting that some experts take a different position on this issue. Thus, representatives of Rostrud argue that if the convicted person actually carries out labor activities, then the conclusion of an employment contract in this case is mandatory, and the registration of labor relations is carried out according to general rules (answer 1 from the Internet portal “Online Inspectorate.RF”). Although this opinion, we believe, is not based on the norms of the current legislation, unfortunately, it is impossible to completely exclude claims from inspection bodies. In connection with the above, we recommend that you seek official clarification from the Federal Service for Labor and Employment (Rostrud) by sending your appeal by mail (101000, Moscow, Myasnitskaya street, 40, p. 16) or by filling out a special application form on the official website of the department ( https://www.rostrud.ru/room/obrashcheniya-grazhdan/kremlin/). Regarding the hiring of a convicted person to the position of a delivery driver, we note the following. Article 351.1 of the Labor Code of the Russian Federation establishes a ban on the involvement of minors in labor activities in the field of education, upbringing, development, organization of their recreation and recovery, medical care, social protection and social services, in the field of children’s and youth sports, culture and art with the participation of minors, who have or have had a criminal record, as well as those who have been subjected to criminal prosecution (with the exception of persons against whom criminal prosecution was terminated on rehabilitative grounds) for the crimes specified in paragraphs three and four of part two of Art. 331 Labor Code of the Russian Federation. It follows from this norm that the established restrictions apply to persons engaged in teaching activities or whose work is directly related to minors. In turn, prohibitions on the performance of labor activities by persons with a criminal record are also established by other federal laws. So, in particular, Art. 10 of the Federal Law of 02/09/2021 N 16-FZ “On Transport Security” establishes a ban on hiring persons directly related to ensuring transport security who have an unexpunged or unexpunged conviction for committing an intentional crime. The list of works directly related to ensuring transport security is established by Decree of the Government of the Russian Federation dated November 5, 2021 N 1653-r. In general, the labor function of a forwarding driver does not involve performing the duties listed in this List of Works. We believe that the work performed by a freight forwarder driver is not one of the works directly related to ensuring transport safety (answer 2 from the Internet portal “Onlineinspektsiya.RF”). And since there are no other restrictions or prohibitions for delivery drivers established by law, if the convicted person has the right to drive a vehicle of the appropriate category (confirmed by a driver’s license), he can perform work as a delivery driver.
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—————————————————————————- *(1) Since Art. 60.8 of the Penal Code of the Russian Federation does not explain what the rules of employment include; we believe, based on the norms of the Labor Code of the Russian Federation, that the rules of employment presuppose that the employee and the employer reach an agreement on the emergence of an employment relationship between them and the proper registration of this fact in the following sequence: — obtaining the consent of the person applying for work (job application); — provision by the person applying for work of the documents necessary for employment; — signing an employment contract; — issuance of an order for employment.
SAFETY REQUIREMENTS DURING OPERATION
3.1. While working, the forwarding driver is obliged to:
- carry out maneuvering only after first making sure that the maneuver is safe for surrounding pedestrians and that there is no interference for other vehicles;
— before leaving the cab, turn off the engine, engage the parking brake and first gear, remove the key from the ignition, and after leaving the cab, lock the doors;
— make sure that there are no moving vehicles in the same or oncoming directions before leaving the cab onto the roadway;
— drive the car when coupling to a trailer at the minimum possible speed;
— carry out coupling of a road train alone in exceptional cases in compliance with the specified sequence of operations:
A) apply the parking brake to the trailer;
B) check the serviceability of the towing device;
B) place chocks under the rear wheels of the trailer;
D) couple the car and trailer;
E) secure the trailer safety rope to the cross member of the vehicle frame;
E) connect the connectors of the hydraulic, pneumatic and electrical systems of the car and trailer;
— periodically check the proper condition of the trailer and towing device;
— if it is necessary to unload the vehicle near a slope, ravine or cliff and there is no wheel guard, install it no closer than 1 m from the edge of the cliff.
3.2. Before refueling a gas-cylinder vehicle, you should make sure that there are no people in the cabin, turn off the engine, avoid getting gas on exposed skin (to prevent frostbite as a result of gas evaporation), before turning on the ignition and starting the engine for 3 minutes. keep the hood open until the gas has completely evaporated.
3.3. Before placing a gas-cylinder vehicle in a covered parking lot or during maintenance, it is necessary to close the cylinder valve and exhaust all gas from the power system.
3.4. To fill hot water when warming up the engine, you should use special buckets with a spout at the top that creates a directed stream. When heating the engine using steam or hot air, the hose must be attached to the radiator neck and securely fastened.
3.5. After using the heater to warm up the engine, the vehicle cabin should be ventilated to remove combustion products.
3.6. When performing repair work, the forwarding driver must turn off the engine, brake the vehicle with the parking brake and engage first gear.
3.7. When stopping on a slope, it is necessary to place at least two wheel chocks under the wheels.
3.8. Malfunctions of the power system should be eliminated only after the engine has cooled, and clogged fuel lines and jets should be purged using a pump.
3.9. Before lifting the car with a jack, you should remove passengers from the cab, brake the car with the parking brake, place wheel chocks under the wheels that cannot be lifted, level the platform under the jack and place a wide lining of wood under it.
3.10. When performing work related to the removal of wheels, the forwarding driver is obliged to place trestles, and to place wheel chocks under the wheels that have not been removed.
3.11. When inflating the tire of a wheel removed from the car, you should use a device that protects against impact when the lock ring pops out.
3.12. To perform work under a raised dump truck body, it is necessary to secure the body with special safety supports.
3.13. Delivery drivers are prohibited from:
- transport passengers in the back of an unequipped vehicle and without a corresponding entry in the waybill (route) sheet;
- driving while intoxicated;
— park a gas-cylinder vehicle for a long time with the valves of the cylinders and the power system open;
— use chambers to fill hot water when heating the engine;
- use gas burners to warm up the engine that are not equipped with alarm devices and devices that automatically turn off the gas supply when it leaks or the burner goes out;
— use direct transmission during long descents;
— drive on a steep descent with the clutch or gear disengaged;
— secure the safety rope or trailer chain to the hook of the towing device;
- tow a loaded trailer with an empty car;
- use random objects (stones, boards, barrels, wheel rims, etc.) as trestles and stands for a car with removed wheels;
- rest or sleep in the cabin of a car with the engine running.
3.14. It is prohibited to carry out repair and maintenance work on the vehicle under a raised dump truck body, as well as during loading and unloading operations and if the vehicle is installed in a dangerous area of active lifting mechanisms.
3.15. When performing loading and unloading operations, the forwarding driver is obliged to leave the vehicle’s cab and observe the correct loading or unloading of the vehicle. Loading and unloading of cargo, as well as their fastening on a vehicle, should be carried out by the forces and means of shippers, consignees or specialized organizations in compliance with safety regulations. The forwarding driver is obliged to check the suitability of the stowage and reliability of securing the cargo on the vehicle, and if violations are detected in the stowage and securing of the cargo, demand that the shipper eliminate them. The trailer must be loaded from the front and unloaded from the rear to prevent it from tipping over.
3.16. When placing cars on loading and unloading areas, the distance between cars standing behind each other (in a column) must be at least 1 m, and between cars standing in a row - at least 1.5 m. If cars are installed for loading or unloading near a building, then an interval of at least 1.5 m must be maintained between the building and the tailgate of the vehicle. The distance between the vehicle and the stack of cargo must be at least 1 m.
3.17. When loading the car body with bulk cargo, it should be placed no higher than the side of the body (standard and extended) and should be located evenly over the entire floor area. Piece cargo that rises above the sides of the body must be tied with strong, serviceable ropes.
3.18. Boxes, barrels and other piece cargo must be stacked tightly, without gaps, reinforced or tied so that during movement (sharp braking, starting and sharp turns) they cannot move along the floor of the body. If there are gaps between load areas, strong wooden spacers and spacers should be inserted between them.
When stacking cargo in roll-barrel containers in several rows, they are rolled along the sides or slopes with the side surface. Barrels with liquid cargo are installed with the stopper facing up. Each row should be laid on spacers made of boards with all outer rows wedged.
3.19. Large and heavy cargo is transported in accordance with the requirements of the Instructions on the transportation of large and heavy cargo by road on the roads of the Russian Federation, approved by the Ministry of Transport of the Russian Federation on May 27, 1996.
When loading long cargo (pipes, rails, logs, etc.) onto a vehicle with a spreader trailer, it is necessary to leave a gap between the shield installed behind the vehicle cabin and the ends of the cargo so that the cargo does not cling to the shield when turning. To prevent the load from moving forward when braking or moving downhill, the load must be securely secured.
Prohibited:
— transport cargo with ends protruding beyond the side dimensions of the vehicle;
— block the doors of the forwarding driver’s cab with cargo;
— place long loads above the racks.
Large and heavy cargo is transported in accordance with the requirements of the Instructions on the transportation of large and heavy cargo by road.
3.20. When operating a vehicle in unfavorable atmospheric conditions, the forwarding driver is obliged to:
— during fog, heavy snowfall or rain, slow down and do not overtake vehicles moving in the same direction;
— do not open the throttle sharply and avoid rapid turns of the steering wheel;
— start off on an icy road in one of the lower gears with the throttle slightly open;
— when descending a slope, apply engine braking and apply the service brake;
- move on the ice of rivers and reservoirs only if you have permission from the traffic safety service and on specially equipped ramps and roads, lined with milestones and having signs and road signs.
3.21. Follow all electrical safety rules.
3.22. Cover dusty loads with tarpaulin, matting or other materials.
Sample of a competent employment contract with a truck driver
When concluding an agreement with a forklift driver, it is important that the latter has special rights to drive this vehicle . These rights are called a tractor driver’s license and the profession “loader driver” must be indicated in them. They are issued by Gostekhnadzor authorities.
At the end of the document, the employer and employee put their signatures. The employment contract must be signed in 2 copies: one is kept in the HR department of the employer, the second is handed over to the employee.
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
Instructions: how to fill out an interview sheet with a driver
Interview sheets with the driver (a sample can be downloaded below) are drawn up during the professional selection process when conducting a conversation and determining whether the applicant is suitable for the vacant position. The presence of the sheet is provided for by the order of the Ministry of Transport dated 11.03. 2021. N 59, which defines not only the algorithm for professional selection, but also the professional training of future drivers of automobile and electric vehicles.
The selection of future drivers is carried out to attract to work those who have the appropriate level of development of competencies to perform the duties of the position and meet the qualification requirements established by law.
Employment contract with a forwarding driver
The employee performs a labor function, performs the professional/official duties assigned to him and other labor duties provided for in the Qualification Directories of Work and Professions of Workers, Specialist Positions, Employees, the Job Description of the Forwarding Driver, other local regulatory and individual acts (orders, instructions) of the Employer and this employment contract.
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In the event of intentional or careless disclosure of this information in the absence of corpus delicti in the Employee’s actions, he bears disciplinary (including dismissal at the initiative of the Employer, subparagraph “c” of paragraph 6 of Part 1 of Article 81 of the Labor Code of the Russian Federation), administrative or financial liability in in accordance with the legislation of the Russian Federation (Article 14 of the Federal Law of July 29, 2021 N 98-FZ “On Trade Secrets”), local acts of the Employer and this employment contract.
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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Job responsibilities of a delivery driver
Also, a full liability agreement can be concluded with the driver. In accordance with Art. 243 of the Labor Code of the Russian Federation and paragraph 4 of the List of Positions, such an agreement can be drawn up with “procurement and (or) supply agents, freight forwarders and other employees who receive, procure, store, record, issue, and transport material assets.”
At first glance, it seems that a delivery driver is two (and sometimes three) positions for one salary. There is a rational link in this approach. In addition to the actual transportation, such an employee is also responsible for preparing accompanying documents, and sometimes for loading and unloading cargo. But on the other hand, this approach helps the employer not to overstaff and save wages, and the employee to have a full workload and, accordingly, decent remuneration. To avoid misunderstandings with employees, it is advisable to immediately establish their specific responsibilities in the employment contract and job description.
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:
Job Description of Forwarder Driver
- Traffic rules, penalties for violating them;
- basic technical characteristics and general structure of the car, purpose, structure, principle of operation, operation and maintenance of units, mechanisms and devices of the car;
- rules for maintaining a car, caring for the body and interior, keeping them clean and in a condition favorable for long-term use;
- signs, causes and dangerous consequences of malfunctions that arise during the operation of a vehicle, methods for their detection and elimination;
- procedure for vehicle maintenance;
- procedure for acceptance and delivery of cargo;
- conditions of transportation and storage of forwarded goods.
2.2. Takes measures to ensure the safety of the car and the property in it: does not leave the car unattended, always sets the car alarm whenever leaving the passenger compartment, locks all the doors of the car while driving and parking.
SAFETY REQUIREMENTS IN EMERGENCIES
4.1. If parts or assemblies of a moving vehicle fail, the forwarding driver is obliged to pull off the roadway, turn off the engine, engage first gear and the parking brake, place wheel chocks under the wheels and install a warning sign at the rear of the vehicle.
4.2. In the event of a fire in fuel or transported cargo, the forwarding driver must take measures to extinguish the fire using fire extinguishers, felt mats, tarpaulins, sand and other available means. If it is impossible to extinguish the fire independently, the forwarding driver must call the fire department in the prescribed manner and inform the work manager.
4.3. The forwarding driver must take all necessary measures to preserve the cargo.
4.4. In the event of a traffic accident, the forwarding driver involved in it is obliged to:
- stop immediately and do not move the vehicle, as well as other objects related to the incident;
- call an ambulance if necessary, and if this is not possible, send the victims along the way or take them in your own transport to the nearest medical facility and tell them your name and license plate number of the vehicle, and then return to the scene of the incident;
- report the incident to the traffic police, write down the names and addresses of eyewitnesses to the incident and wait for the arrival of police or investigative authorities;
- if the movement of other vehicles is impossible, clear the roadway, having previously recorded the position of the vehicle and objects and traces related to the traffic accident.
Job: forwarding driver in Simferopol, 368 vacancies
- Reception of goods from warehouses in accordance with accompanying documents
- Ensuring the safety of cargo during transportation
- Delivery to the point of sale
- Preparation of documentation for the acceptance and delivery of cargo
- Working out routes.
- Experience in this position is an advantage
- Rights category “B”, “BC”
- Technically competent vehicle operation skills;
- Quick learner, accuracy, politeness, high efficiency, reliability, honesty;
What should the job description of a forwarding driver contain: examples and sample documents
Every employer who hires a delivery driver knows what his responsibilities will be. Therefore, the job description must clearly state all the points of the main functions of the forwarder-driver of the enterprise. This is important for both the employee and the employer - in order to avoid disputes and ambiguous interpretation of their job responsibilities.
If the driver, upon reviewing the document, believes that he is being charged with additional functions that are not characteristic of the specifics of his work, then the employer has the right to refuse such an employee or adjust the document if the arguments of the applicant for the position of forwarding driver seemed reasonable to him.
Drivers will be hired according to new rules
Officials decided that legal entities and individual entrepreneurs who involve citizens in performing duties that are directly related to the movement of vehicles must check their level of competence necessary for the proper implementation of labor functions. The qualifications of applicants must meet the requirements imposed on them by the legislation of the Russian Federation.
In order to confirm the level of professional education or qualifications, the employee must present a document confirming its receipt, unless otherwise established by the legislation of the Russian Federation. The applicant's compliance with the necessary work experience requirements is usually confirmed by his work record book.
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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