The procedure for organizing the work of drivers is regulated by Art. 329 of the Labor Code of the Russian Federation and individual regulations of the relevant federal executive authorities. The question often arises about the possibility of introducing irregular work hours for the driver of a company car or other vehicle. Although it is not formally prohibited to use this method of organizing labor for this category of positions, certain restrictions still exist. We talk about the driver’s irregular working hours and changes from 2021.
For which drivers can I enter irregular hours?
The working regime, breaks and rest time for employees driving vehicles until 2021 are regulated by Order No. 15 of the Ministry of Transport of Russia dated August 20, 2004. This document provides for a number of restrictions , due to which it is not always possible to apply irregular working hours to them to organize work .
Important
Order of the Ministry of Transport dated 08/20/2004 No. 15 is canceled as of 01/01/2021 within the framework of the so-called. regulatory guillotine (Resolution of the Government of the Russian Federation dated October 26, 2020 No. 1742). A new order of the Ministry of Transport from 2021 approved the Peculiarities of working hours and rest time, working conditions of car drivers.
Clause 14 of the old order of the Ministry of Transport and clause 8 of the new document clearly defines the list of drivers for whom irregular working hours can be established (i.e., there are no changes to the list from 2021). This:
- workers involved in driving a passenger car (except taxis);
- drivers within the framework of geological exploration, survey, topographic and geodetic work in the field.
The alternation and duration of working days during non-standard work hours for drivers are established based on the length of the week according to the production calendar, and rest time is provided on a general basis.
Thus, for drivers of trucks, buses and special equipment, if they do not participate in expeditions or geological surveys, this operating mode cannot be established.
Driver's work and rest schedule according to Labor Code
Several regulations are devoted to the legal regulation of the work of drivers.
The Labor Code devotes an entire chapter to this issue—chapter 51. It contains three articles:
- Article 328 sets out the rules for employment.
- Article 329 regulates the work schedule: the length of the drivers’ working day, breaks, and rest periods. It also says that the specific working conditions of drivers are regulated by the Ministry of Transport.
- Article 330 is devoted to labor discipline of employees associated with transport management.
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Work and rest schedule for drivers in 2021 according to the Ministry of Transport
Specific instructions for the formation and observance of the work and rest regime for drivers are contained in the Order of the Ministry of Transport of the Russian Federation dated October 16, 2020 No. 424 “On approval of the Peculiarities of the regime of working time and rest time, working conditions of car drivers.” This is the main document in practical work with drivers.
The order entered into force on January 1, 2021 and is valid until January 1, 2027.
This document establishes the specifics of the working hours of car drivers when this is part of their job responsibilities and individual drivers who independently drive a vehicle.
The order excludes the following categories of drivers:
- servicing state authorities and local governments in official cars;
- working in international transport;
- those who do not travel on public roads and move only within the boundaries of the enterprise;
- passenger cars of departmental security, fire and rescue vehicles, including ambulances, vehicles involved in liquidation of consequences or prevention of emergencies;
- vehicles of bodies carrying out operational investigative activities,
- drivers-military personnel in the performance of their military duties.
For all other drivers with whom an employment contract has been concluded, compliance with the regulations of the Ministry of Transport is mandatory. To protect your company from fines, make sure that local regulations comply with current legislation. Pay special attention to:
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The driver's working hours are set in accordance with these standards:
- the maximum working time of the driver should not exceed 40 hours per week;
- by analogy with the previous paragraph, the maximum working day for a driver within 24 hours is 9 hours, with a possible increase to 10 hours, but not more than twice a week;
- The driver can increase this time by two hours to get to the parking lot or finish the trip.
Rest after a shift lasts at least 11 hours; drivers’ rest time between shifts can be reduced by a maximum of 2 hours and no more than three times a week.
Difficulties of irregular driving hours
The driver's working day includes:
- duration of driving;
- preparatory and final time;
- time of special breaks for rest;
- troubleshooting time;
- downtime is not the fault of the employee;
- other categories of time.
The difficulty with regard to the use of irregular driver modes lies in the strict limitation of the time of continuous driving. So, according to paragraphs. 10-14[/cplink] of the new order of the Ministry of Transport, from 2021 you can engage in direct movement by car:
- no more than 9 hours during the working day on a daily basis;
- increasing the control duration to 10 hours is possible with cumulative accounting of operating time, but no more than 2 times a week ;
- upon reaching the maximum driving time, the driver has the right to increase this time, but not more than 2 hours , in order to complete the transportation and/or proceed to the parking lot;
- driving time during one calendar week should not exceed 56 hours , during any two consecutive calendar weeks - 90 hours .
There are other nuances regarding special breaks.
The legislation does not contain any reservations regarding the duration of the period of direct driving during irregular working hours. Therefore, despite the possibility of increasing the total operating time in this mode, the control duration should not exceed the established limits.
For violation of the specified restrictions in paragraph 3 of Art. 11.23 of the Code of Administrative Offenses of the Russian Federation provides for a fine:
- for officials - from 7,000 to 10,000 rubles. ;
- for individual entrepreneurs – from 15,000 to 20,000 rubles. ;
- for organizations – from 20,000 rubles. up to 50,000 rub.
Important
Days off are provided to drivers on a general basis - according to the work schedule introduced for them. If there are no clauses in this regard in collective or labor agreements, hiring an employee to work on non-working days is paid at increased rates under the terms of Art. 153 Labor Code of the Russian Federation.
For workers on an irregular schedule, the general working hours in the company apply: the length of the working day, the time of breaks for rest and food, the time of rest between shifts, the number and sequence of days off, set out in the internal labor regulations, collective or labor agreement.
Periodic one-time involvement in work outside the work shift is not subject to , but it is compensated by the provision of additional leave (Article 101 of the Labor Code of the Russian Federation). The duration of such a period of additional rest cannot be less than 3 days (Article 119 of the Labor Code of the Russian Federation).
Additional payment to drivers for irregular working hours
Overtime work always involves additional compensation. There are certain rules here:
- such specialists, in addition to the main one, are provided with additional paid leave;
- duration of rest time – up to three days or more;
- The company itself decides what time it can provide to whom.
How is a driver paid for irregular working hours?
Specialists from the Federal Employment Service note that there is no need to pay additionally for an irregular schedule. Only additional work time requires additional payment. But this happens if you spend time free from performing your main duties. In this case, the same rules are used as for overtime, that is, overtime.
If the performance of duties requires irregular working hours, then the standard rules apply. This applies to the start of working hours, the schedule for reporting to the workplace, and so on. All issues must be specified in a collective or individual labor agreement.
But the standard procedure does not apply to weekends and holidays. Articles 113 and 153 of the Labor Code come into force if it is during this period that the employee is called to his place. It is recommended to set double the amount of payments for work at such times.
Employees can choose compensation at their own discretion. This could be time off or double pay.
Specialists from employment services do not recommend abusing the opportunity to call employees at non-core hours. If such behavior becomes the norm, the subordinate has the right to contact regulatory organizations to protect his rights.
The procedure for registering an irregular working day for a driver
There are no significant differences in the procedure for documenting irregular driving conditions for drivers from 2021 . Before it is carried out, the employer is obliged to establish in a local act a list of positions for which it is possible. Irregular hours can be introduced both upon hiring and subsequently for an already working employee.
Since the work and rest schedule is a mandatory condition of the employment contract, it must be included in its text upon acceptance. If an employee already works for a company, such a circumstance is indicated in an additional agreement to the employment contract.
Remuneration for drivers with irregular working hours
For drivers who work in this mode, the law does not provide any allowances. It is assumed that the salary for an employee on irregular working hours is set taking into account the characteristics of their working regime.
But here it is important to understand the difference between irregular working hours and overtime work. By the way, we have already discussed this issue in our article. If there was overtime work, then the driver, of course, is entitled to a bonus for it.
The benefit provided for in Part 1 of Art. 116 of the Labor Code of the Russian Federation for workers with irregular working hours is additional leave. Its duration must be at least three calendar days per year. But it may be greater, depending on the terms of the collective agreement or internal labor regulations (Part 1 of Article 119 of the Labor Code of the Russian Federation).
Results
From January 1, 2021, a new order of the Ministry of Transport comes into force, regulating, among other things, the rules for applying the irregular day regime for drivers.
Setting an irregular day is only permissible for drivers of passenger cars used for official purposes. Also, the working hours of drivers employed in the field of geological exploration and survey may not be standardized. For all other categories of drivers, irregular driving is unacceptable.
The employer should also remember that he can extend the driver’s working day (subject to established restrictions), but cannot increase the maximum permissible time spent directly behind the wheel, established by the Ministry of Transport from 2021.
