Hiring drivers by order of the Ministry of Transport of Russia dated July 29, 2021 No. 264.
The order was issued under the title “On approval of the procedure for professional selection and vocational training for employees hired for work directly related to the movement of road transport vehicles and urban ground electric transport.”
3.1. The order applies to legal entities and individual entrepreneurs carrying out activities related to the operation of vehicles on the territory of the Russian Federation. They (employers) must carry out professional selection of drivers.
3.2. Professional selection of the driver is carried out according to the documents he has before hiring and tests to determine the skills of driving a vehicle after hiring.
3.3. When hiring drivers, they must have the following documents:
a) a driver’s license indicating open categories and subcategories;
b) driver’s license for special equipment installed on the vehicle chassis;
c) a valid medical certificate;
d) work book; e) other documents in accordance with Article 65 of the Labor Code of the Russian Federation.
Features of the profession
Expert opinion
Ekaterina Kolokolova
Career guidance. Certified specialist in the problems of children's involvement in learning. She has more than 10 years of experience in conducting seminars, trainings and lectures with audiences of all ages.
A driver is an employee who drives a vehicle. It can be cargo or passenger, and belong to the category of special-purpose equipment. Today, drivers often combine their main activity with an additional one. Depending on the field of activity, they perform the duties of a courier, security guard, forwarder, loader, etc. To be employed in the relevant profile, it is enough to have the rights of the corresponding category and the availability of skills that meet the specialization
.
Depending on the specifics of the position, the driver’s responsibilities may include the following:
- delivery of passengers/cargo and point “A” to point “B” or following a specific route;
- bearing responsibility for the serviceability of the vehicle and its readiness for operation;
- compliance with the rules for transporting people, animals, cargo;
- filling out reporting documentation;
- regular maintenance of the vehicle, timely response to malfunctions, checking the availability of fuel and oil, washing;
- solving current problems related to transportation in accordance with official instructions;
- compliance with traffic rules, following the algorithm of behavior established by law in the event of an accident.
The driver can work in a state or private company, in an industrial enterprise, or be a self-employed citizen.
If he has the skills, a representative of the profession can connect to the work of the logistics department, manage personnel, and interact with different types of software.
A driver is a profession that does not involve career growth. But having extensive work experience, recommendations and possessing certain personal qualities, you can get a well-paid position.
Important qualities
Driving is a profession for responsible and stress-resistant people. Its representative must have excellent reactions and be prepared for any surprises. He will also need the ability to maintain concentration for a long time, without losing it during monotonous work. Additional advantages will be communication skills and emotional stability. The driver will also need good visual memory, the ability to navigate the terrain, and make quick decisions.
Basic requirements for the profession
The list of requirements for the driver is prescribed in the job description and is determined by the characteristics of his position. The basic list includes skills in driving a specific type of vehicle, knowledge in the field of its maintenance and repair. The driver is also required to know traffic rules, rules for organizing the transportation of goods and passengers. Today, job applicants are increasingly required to have knowledge of electronics and electrical engineering.
The driver must be in good health if he plans to work as a driver. He should not have any diseases that increase the risk of an accident or may affect the quality of his duties. The applicant must prove that he is not registered with a psychiatrist or a drug treatment clinic due to any addictions.
Example resume
Sample resume (page 2)
Sample resume (page 3)
Advantages and disadvantages
There are a lot of positive aspects to being a driver:
- you do not need to receive higher or even specialized secondary education, but rather take courses lasting several months;
- the ability to drive a car is actively used by employees in everyday life;
- there are always a lot of offers for drivers on the job market;
- you can work for yourself, and with a successful combination of circumstances, even turn your business into a business;
- some drivers travel a lot around the country and even visit foreign countries.
- The main disadvantage is that the driver is always responsible for his actions. He is responsible for cargo or passengers, speed of work, and the situation on the road.
- Some representatives of the profession are at risk due to the nature of their position (truck drivers, taxi drivers, security guards). The driver is forced to sit for most of the working day, which, combined with vibration, negatively affects his health.
- Among the occupational diseases of drivers are vibration disease, ODS pathologies, and obesity.
- Many of them have to work in less than comfortable conditions, often on inconvenient schedules.
Car driver is one of the most widespread professions in the world. There is not a single sector of the economy where a driver does not work.
How to hire a driver
Organizations whose activities are related to the operation of vehicles are obliged to organize the work of drivers in accordance with road safety requirements (clause 1, article 20 of the Federal Law of December 10, 1995 No. 196-FZ “On Road Safety” (hereinafter referred to as the Law No. 196-FZ)). From November 5, 2013 they will become more strict1. The changes will directly affect drivers’ access to driving vehicles. What innovations are we talking about? What should you consider when hiring those who drive? What conditions should be included in the employment contract with the driver, taking into account the specifics of his work?
Who can be hired as a driver?
When hiring any employee, you require from him the usual package of documents listed in Article 65 of the Labor Code: passport, work book (except for part-time workers and first-time employees), military ID, etc. Before signing an employment contract with an applicant for the position of driver , you must make sure it:
- over 18 years of age, since minors are not allowed to do such work (part one of Article 265 of the Labor Code of the Russian Federation, clause 2111 of the List approved by Decree of the Government of the Russian Federation of February 25, 2000 No. 163);
- has no medical contraindications for working in transport. This will be confirmed by a medical certificate of permission to drive vehicles in the prescribed form2;
- has specific knowledge and skills. Their presence will be confirmed by a driver’s license for the right to drive a vehicle of a certain category (Article 65 of the Labor Code of the Russian Federation, paragraph 2 of Article 27 of Law No. 196-FZ3).
A mandatory condition before concluding an employment contract is to send the driver for a preliminary medical examination (Article 69, part one of Article 213, Article 214, part two of Article 328 of the Labor Code of the Russian Federation, part 1 of Article 23 of Law No. 196-FZ). It is carried out by a medical organization that has the necessary license and, as a rule, the one with which the employer has entered into a corresponding agreement (clause 46, part 1, article 12 of the Law of May 4, 2011 No. 99-FZ). The company is obliged to organize such an examination at its own expense (clause 6 of Procedure No. 302n).
Attention!
The validity period of a Russian driver's license is 10 years (clause 35 of the Rules, approved by Decree of the Government of the Russian Federation of December 15, 1999 No. 1396). After this period, the driver must replace his license (Clause 1, Article 28 of Law No. 196-FZ).
Having received a conclusion with the results of the inspection, you can sign an employment contract. A medical report with the results of a preliminary medical examination of the driver is usually kept in his personal file. If a candidate refuses to undergo an examination or the medical commission has made negative conclusions about his state of health, you have the right to refuse to hire the applicant or remove him from work (Articles 64, 76 of the Labor Code of the Russian Federation, paragraph 35 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).
Restrictions for part-time workers
A driver can work part-time for you only in one case: if he does not perform similar functions (driving vehicles or their movement) for the main employer (part one of Article 329 of the Labor Code of the Russian Federation). The list of such jobs and professions was approved by Decree of the Government of the Russian Federation of January 19, 2008 No. 16 (hereinafter referred to as the List approved by Decree No. 16). For example, a driver cannot work part-time as a road transport dispatcher, because both of these positions are mentioned in the List approved by Resolution No. 16.
In practice, it can be difficult to check what kind of work a future part-time worker actually does at their main location. He is not required to provide a certificate about the nature and conditions of work at his main place of work. The way out of this situation is to notify the future part-time driver, against signature, of the restrictions established by Article 283 of the Labor Code. Have him sign that his main job is not related to driving or driving vehicles.
What will change in hiring drivers?
Since November 5, 2013, it is prohibited to hire a foreigner as a driver with a license issued to him in the territory of a foreign state. Only holders of a Russian national driver's license will be able to drive. Otherwise, officials of the organization responsible for the technical condition and operation of vehicles face a fine of 50,000 rubles. The relevant norms will be established by paragraph 2 of Article 20, paragraph 13 of Article 25 of Law No. 196-FZ and Article 12.32.1 of the Code of Administrative Offenses (Law No. 92-FZ).
An exception is the situation when the driver is engaged in international transportation. Then a foreign national driver's license or an international driver's license issued by a foreign state will be recognized on the territory of Russia. This norm will appear in paragraph 17 of Article 25 of Law No. 196-FZ.
Mandatory terms of the employment contract
The rules of Article 57 of the Labor Code provide for a number of mandatory conditions included in the employment contract.
Place of work. For place of work, indicate the name of the organization where the employee will work. Sometimes employers specify the make, model and state registration number of the car the driver will drive. However, if you need to move the driver to another car, you will have to formalize a transfer to another job (Article 72, 72.1 of the Labor Code of the Russian Federation).
Labor function. The main occupation of a driver is driving a vehicle. Related responsibilities: checking the technical condition of the vehicle before leaving for the route, issuing waybills, undergoing technical inspection, etc. Additional responsibilities: participation in loading and unloading operations, cargo escort, etc. They can be written directly in the text of the employment contract or in the job description (Article 57 of the Labor Code of the Russian Federation).
Advice
Check whether the category of license matches the type of vehicle that the driver in your company will drive.
Salary. The salary consists of various payments (part one of Article 129 of the Labor Code of the Russian Federation). In accordance with the remuneration system established in the organization, determine:
- the size of the employee’s hourly tariff rate or fixed salary;
- the procedure for calculating additional pay for work on weekends and holidays, as well as for overtime work;
- allowances and bonuses (for example, for saving fuel and other consumables).
In the same section you can indicate the days of salary payment (part four of Article 136 of the Labor Code of the Russian Federation).
Performing work duties during irregular working hours does not apply to overtime work and is not subject to payment (Article 119 of the Labor Code of the Russian Federation)
Working hours and rest hours. Include this condition if the driver’s mode differs from the general rules prescribed in the internal labor regulations (part two of article 57, article 100 of the Labor Code of the Russian Federation). In this case, be guided by the Regulations on the peculiarities of the working hours and rest periods of car drivers, approved by Order of the Ministry of Transport of Russia dated August 20, 2004 No. 15 (hereinafter referred to as Regulation No. 15). Possible options: irregular working hours (Article 101 of the Labor Code of the Russian Federation), flexible working hours (Article 102 of the Labor Code of the Russian Federation), shift work (Article 103 of the Labor Code of the Russian Federation), mode of dividing the working day into parts (Article 105 of the Labor Code of the Russian Federation). For example, an irregular working day can be established for drivers of passenger cars (except taxis), as well as drivers of expedition vehicles and survey parties engaged in geological exploration, topographic-geodetic and survey work in the field (clause 14 of Regulation No. 15). The manager makes a decision on this taking into account the opinion of the representative body of employees (Article 101 of the Labor Code of the Russian Federation). If it is known that the driver’s work intensity will vary during the shift, set him to a mode of dividing the working day into parts.
Nature of the work. The driver's duties involve a traveling nature of the work. If this is fixed in the contract, then such movements will not be considered business trips (Article 166 of the Labor Code of the Russian Federation).
The list of professions and positions of employees whose permanent work is of a traveling nature must be established by local regulations (Article 168.1 of the Labor Code of the Russian Federation)
Law against practice
On practiceWhen hiring a car driver, many employers believe that it is not necessary to send a candidate for a preliminary medical examination at the company’s expense if he presents a medical certificate of permission to drive vehicles. | In lawThe presence of a certificate of admission to drive vehicles does not relieve the employer from the obligation to conduct a mandatory preliminary medical examination of the driver when hiring him (Article 69, paragraph 12, part two of Article 212, Article 213, part two of Article 328 of the Labor Code of the Russian Federation ). |
What happens if…If you hire a driver without a preliminary medical examination, you face administrative liability for violation of labor and labor protection legislation in the form of a fine of up to 50,000 rubles (Article 5.27 of the Administrative Code of the Russian Federation). |
Additional terms of the employment contract
In addition to the mandatory ones, you can include additional conditions in the employment contract (part four of Article 57 of the Labor Code of the Russian Federation). It is advisable to reflect such specific rights and obligations of the employer and employee that are important for both parties. For example, that the employee is obliged to comply with traffic rules, undergo medical examinations, mandatory internships when transferring to a new category of vehicle, etc. And the employer is required to maintain shift schedules, traffic schedules, and reimburse the driver for expenses associated with constant trips (Article 168.1 of the Labor Code RF) etc.
An employment contract may determine the financial liability of the employee and the employer (part two of Article 232 of the Labor Code of the Russian Federation). However, the driver cannot be held fully financially responsible. This profession is not indicated in the list of jobs and categories of workers with whom such contracts can be concluded (List approved by Resolution of the Ministry of Labor of Russia dated December 31, 2002 No. 85 (hereinafter referred to as List No. 85). However, it is possible to draw up an agreement with the driver on full financial liability in the case when he is assigned additional functions of a freight forwarder accompanying the cargo. Such a position is included in List No. 85. It is advisable to draw up an agreement on material liability in a separate document, but only in relation to those job responsibilities that imply it (determination of the Supreme Court of the Russian Federation dated November 19, 2009 No. 18-B09-72).
If the driver is found to be the culprit of the accident, then he must compensate the material damage caused to the organization in full without any additional agreement on financial liability (subclause 6 of part one of Article 243 of the Labor Code of the Russian Federation)
Remember the main thing
Note the experts who took part in the preparation of the material:
Albert Abdrashitov - HR Manager of UzDaewoo Auto-Ufa LLC (Ufa, Republic of Bashkortostan)
– Before concluding an employment contract, an applicant for the position of driver must be sent for a preliminary medical examination. This event is carried out at the expense of the company, regardless of the results of the inspection and regardless of whether an employment contract is ultimately concluded. If a candidate refuses to be examined, you have the right to refuse to conclude an employment contract.
Alexander Dolbnev - lawyer at Eliada LLC (Balashikha)
– As a rule, an employment contract does not describe the rights and obligations of an employee in detail, but makes reference to local regulations in force in the organization. Thus, these documents become part of the employment contract. It is important that the employee is familiar with them upon signature
Marina Tolstyakova - Deputy Head of the Department of Recruitment and Personnel Accounting of AMKapital LLC, Avtomir Group of Companies (Moscow)
– You can set the driver of a passenger car (except a taxi) to work an irregular working day. Check that this profession is included in the list of positions for employees with irregular working hours. Such a list is established by a local act or collective agreement, taking into account the opinion of the representative body of workers
Ruslan Mannapov - lawyer at Intercomp (Moscow), expert at "" magazine
1 Federal Law of May 7, 2013 No. 92-FZ “On Amendments to the Federal Law “On Road Safety” and the Code of the Russian Federation on Administrative Offenses.”
2 The certificate form was approved by order of the Ministry of Health and Social Development of Russia dated September 28, 2010 No. 831n.
3 From November 5, 2013, these requirements will be specified in paragraph 4 of Art. 25 of Law No. 196-FZ.
>Characteristics of the driver's work (page 1 of 3)