What applies to the driver's working time? Application. Regulations on the specifics of working hours and rest time for car drivers

"Transport services: accounting and taxation", 2008, N 2

Car drivers go to work in accordance with the work schedule (shift) established by the employer, which they learn about no later than a month before its introduction. Moreover, when drawing up this schedule, the employer must comply with the requirements of the specialized Regulations<1>. This Regulation has been developed in accordance with Art. 329 of the Labor Code of the Russian Federation and establishes the specifics of the working hours and rest periods of drivers<2>, working on employment contract on cars belonging to organizations registered on the territory of the Russian Federation, regardless of organizational and legal forms and forms of ownership, departmental affiliation, individual entrepreneurs and other persons carrying out transportation activities in Russia.

<1>Regulations on the peculiarities of working hours and rest time for car drivers (Appendix to Order of the Ministry of Transport of Russia dated August 20, 2004 N 15).
<2>The requirements of the Regulations do not apply to drivers engaged in international transportation, as well as those working as part of shift crews with a rotational method of organizing work.

As a rule, work schedules (shifts) are drawn up by the employer for drivers who have a summarized working time record (SRT). The need to introduce RMS is due to the fact that the time spent on a trip sometimes exceeds the permissible duration of daily (weekly) work. This accounting of working time allows, based on the results of work for the accounting period, to reach the normal working time. The article discusses the features of the calculation wages drivers who have the SURV installed.

First of all, let’s figure out in what cases an organization or an individual entrepreneur can introduce an RMS according to its internal labor regulations. Let us immediately make a reservation that the establishment of RMS is voluntary, except for the situation when labor process carried out off site permanent residence workers and there is no possibility of organizing their daily return to their place of permanent residence (rotation work method). According to Art. 300 of the Labor Code of the Russian Federation, when working on a rotational basis, only RMS is installed.

So, RMS can be introduced if, due to the production (work) conditions of an individual entrepreneur, in the organization as a whole, or when performing certain types of work, the daily or weekly working hours established for a given category of workers cannot be observed (Article 104 of the Labor Code of the Russian Federation). The normal working hours for drivers cannot exceed 40 hours per week, and the normal duration of daily work (shift) is 8 hours (if the driver works according to a 5-day working week with two days off) or 7 hours (if working according to a 6-day working week). -one-day working week with one day off) (clause 7 of the Regulations).

The purpose of introducing RMS is to prevent the duration of working hours during the accounting period (month, quarter and other periods) from exceeding the normal number of working hours. The Labor Code establishes that the accounting period can be set equal to a month, quarter or other period, but not more than a year. Clause 8 of the Regulations specifies: for drivers, the duration of the accounting period is one month, however, when transporting passengers in a resort area in the summer-autumn period and other transportation associated with seasonal work, the accounting period can be set to last up to 6 months.

In general, the normal number of working hours for an accounting period is determined on the basis of the weekly working hours established for a given category of workers. For drivers, as well as for other categories of workers, this is 40 hours a week (Article 91 of the Labor Code of the Russian Federation, clause 7 of the Regulations).

Please note that with RMS, the duration of daily work (shift) of drivers cannot exceed 10, and in some cases<3>12 o'clock. Therefore, with a shift work schedule, the working hours of drivers must be set so that their daily shift does not exceed 10 (12) hours, and the working time per month is the normal number of working hours, which are determined, as a rule, based on a 40-hour working weeks. At the same time, when drawing up a schedule, it is almost impossible to avoid situations where drivers are forced to work in conditions different from normal, for example, overtime, at night or at night. holidays. In these cases, employees are made appropriate additional payments (Article 149 of the Labor Code of the Russian Federation).

<3>These cases are described in the article by Yu.A. Elkteva “We create a work and rest schedule for drivers” (N 4, 2007, p. 23).

We work overtime

Accountants quite often encounter employees working overtime. What kind of work is considered overtime under RMS? In accordance with Art. 99 of the Labor Code of the Russian Federation, in case of RMS, such work is recognized as work performed at the initiative of the employer in excess of the normal number of working hours during the accounting period. Since when an employer forms a work schedule (shift), the normal duration of working hours must be maintained, on the basis of which the normal number of working hours for the accounting period is determined, the work schedule can be used to determine the number of hours worked overtime. Although in some cases, employers already include overtime hours when drawing up the schedule. However, this is a violation of labor law requirements. Firstly, when drawing up work schedules (shifts), the specifics of the working time and rest time regime provided for by the Regulations must be observed. Secondly, overtime work is possible in the cases and in the manner provided for in Art. 99 Labor Code of the Russian Federation. With the exception of certain cases, an employee can be involved in overtime work only with his written consent, which is not required for the development of a work schedule. In case of emergency management, overtime work during a working day (shift) together with work according to the schedule should not exceed 12 hours. The duration of overtime work for each driver should not exceed 4 hours for two days in a row and 120 hours per year (clause 14 of the Regulations, article 99 of the Labor Code of the Russian Federation). For violation of these restrictions of the Code of Administrative Offenses of the Russian Federation, administrative liability is provided (Article 5.27).

Please note: It is the employer's responsibility to ensure that each employee's overtime hours are accurately recorded.

How overtime work is paid is set out in Art. 152 Labor Code of the Russian Federation. Specific amounts of payment for overtime work can be provided for by a collective agreement, local regulation or employment contract, but in any case they should not be lower than the minimum amount established by the Labor Code: the first two hours of work are paid at least one and a half size, subsequent ones - in double. The Labor Code does not specify exactly what amount is subject to increase and for what period of work the first two hours are taken. If we focus on the procedure for remuneration on weekends and non-working holidays, then each hour of overtime work must be paid in the amount of no less than one and a half (double) hourly tariff rate. We emphasize that payment for overtime work is made in increased size and in the event that the employee is involved in work in excess of the maximum permissible number of hours of overtime work. In this case, the employer’s violation of the requirements of the Labor Code of the Russian Federation should not affect the implementation of the employee’s right to payment for overtime work (Letters of the Ministry of Finance of Russia dated May 22, 2007 N 03-03-06/1/278, Federal Tax Service of Russia dated September 23, 2005 N 02-1 -08/195@). Transport organizations that engage drivers to work overtime in violation of the restrictions established by Art. 99 of the Labor Code of the Russian Federation, the question arises: is it possible in this case to include payment for overtime work as an expense for the purpose of calculating income tax. In accordance with paragraph 3 of Art. 255 of the Tax Code of the Russian Federation, labor costs include accruals of an incentive and (or) compensatory nature related to work hours and working conditions, including allowances for tariff rates and salaries for work at night, for overtime work and work on weekends and holidays days produced in accordance with the legislation of the Russian Federation. It turns out that labor legislation provides for the employer’s obligation to pay an increased amount for the employee’s overtime work, including if he is involved in overtime work for more than 120 hours a year, and the tax legislation establishes that payment for overtime work is a tax expense. According to the Ministry of Finance, these expenses are economically justified, therefore they are included in labor costs taken into account when determining the tax base for income tax in full, but only if this is provided for in an employment or collective agreement (Letters dated May 22, 2007 N 03-03-06/1/278, dated 07.11.2006 N 03-03-04/1/724, dated 02.02.2006 N 03-03-04/4/22). As a rule, judges share the same opinion (see, for example, Resolutions of the FAS ZSO dated 06.06.2007 N F04-3799/2007(35134-A27-34), FAS PO dated 28.08.2007 N A55-17548/06, dated 09/08/2006 N A55-28161/05).

Let's return to the amount of overtime pay. To pay time and a half, is it necessary to take the first two hours of work of each case when the employee was involved in overtime work, or for a certain period? In search of an answer, let us again turn to the definition of overtime work. With RMS, this is work performed by an employee at the initiative of the employer outside the working hours established for the employee in excess of the normal number of working hours for the accounting period. Thus, the number of hours worked overtime is determined only based on the results of work for the accounting period, hence the first two hours of overtime work for the accounting period are paid at one and a half times the rate.

Please note: instead of increased pay, an employee may, at his request, be provided extra time rest, but not less than the time worked overtime.

Example 1. Transportnik LLC has introduced SURV for drivers. The accounting period is a month. According to the work schedule of the driver Smirnov V.S. The working hours were established in February 2008 at 159 hours. This corresponds to a 40-hour work week. In fact, Smirnov V.S. worked 167 hours, including 8 hours overtime. The salary of LLC drivers is 20,000 rubles. Overtime work is paid at time and a half for the first two hours and at double for subsequent hours.

The driver's average hourly earnings for February 2008 was 125.79 rubles. (RUB 20,000 / 159 hours). For overtime work in the same month, V.S. Smirnov the amount due is 1886.85 rubles. (RUB 125.79 x 2 hours x 1.5 + RUB 125.79 x 6 hours x 2).

As we found out, overtime work is paid only at the end of the accounting period. If you strictly follow the Labor Code and our reasoning, then the calculations should be carried out as follows.

Example 2. Let's change the conditions of example 1. The accounting period is a quarter. Payment for LLC drivers is based on an hourly tariff rate of 165 rubles.

Hours worked in excess of the scheduled work hours are overtime.

Since drivers have hourly pay labor, Smirnov V.S. will be credited:

in January - 20,625 rubles. (165 rub. x 125 h);
in February - 27,555 rubles. (165 RUR x 167 h);
in March - 26,730 rubles. (165 RUR x 162 hours).

In addition, the salary for March will include overtime payment for the first quarter in the amount of 7,095 rubles. (165 rubles x 2 hours x 1.5 + 165 rubles x (476 - 454 - 2) hours x 2). The total salary accrued for the first quarter is 82,005 rubles. (20,625 + 27,555 + 26,730 + 7095).

Please note that in the above calculations, monthly wages are calculated based on the hourly rate and the number of hours the driver works according to the schedule. However, some experts recommend calculating monthly wages based on the actual time worked. In this case, Smirnov V.S. should be charged:

in January - 21,615 rubles. (165 rub. x 131 h);
in February - 29,700 rubles. (165 RUR x 180 h);
in March - 27,225 rubles. (165 RUR x 165 hours).

The salary for March must include overtime payment for the first quarter in the amount of 3,465 rubles. (165 RUR x 2 h x 0.5 + 165 RUR x (476 - 454 - 2) h x 1). The amount of the total salary is the same as in the previous calculation - 82,005 rubles. (21,615 + 29,700 + 27,225 + 3465).

Since overtime work is paid monthly in a single amount, based on the results of work for the accounting period, coefficients of 0.5 and 1, and not 1.5 and 2, are used for its payment. By the way, this is the method of calculation that those who “bypass” labor are forced to choose Legislation provides for overtime hours when drawing up a work schedule (shift).

Example 3. Let's change the conditions of example 2. Drivers have a salary of 25,000 rubles.

In this case, it is also possible to use two calculation options. The first option is that the driver receives only monthly wages calculated on the basis of his salary. Overtime hours will be identified at the end of the accounting period and paid at that time. Consequently, the driver is not paid monthly for overtime work.

Smirnov V.S. in the first quarter, a monthly salary of 25,000 rubles is accrued. The hourly tariff rate is 165.20 rubles. (RUB 25,000 x 3 months / 454 hours). For overtime work at the end of the accounting period (quarter), RUB 7,103.60 will be charged. (RUB 165.20 x 2 hours x 1.5 + RUB 165.20 x (476 - 454 - 2) hours x 2). The total salary for the first quarter is RUB 82,103.60. (RUB 25,000 x 3 months + RUB 7,103.60).

Second calculation option: monthly payment is calculated based on hours actually worked. Then the salary based on salary and hours actually worked will be:

in January - 24,080.88 rubles. (RUB 25,000 / 136 h x 131 h);
in February - 28,301.89 rubles. (RUB 25,000 / 159 h x 180 h);
in March - 25,943.40 rubles. (RUB 25,000 / 159 h x 165 h).

For overtime work, RUB 3,469.20 will be charged. (RUB 165.20 x 2 hours x 0.5 + RUB 165.20 x (476 - 454 - 2) hours x 1). The total salary for the 1st quarter is RUB 81,795.37. (24,080.88 + 28,301.89 + 25,943.40 + 3469.20).

From the above calculations it is clear that the amount of wages for the first quarter, calculated in the second option, is lower than the same amount determined in the first option.

The variety of calculation options given suggests that the transport organization must make a choice and formalize it in a collective agreement or local regulation.

We work on weekends and holidays

In accordance with paragraphs 28, 29 of the Regulations, attract the driver to work on a day off, established for him by the work schedule (shift), or a non-working holiday<4>is possible only in cases provided for in Art. 113 Labor Code of the Russian Federation. Thus, having secured the written consent of the employee, the employer has the right to involve him in work on the specified days if it is necessary to perform unforeseen work in advance, on the urgent completion of which the future depends. normal operation organization as a whole or its individual structural divisions, individual entrepreneur. In other cases, the written consent of the employee will not be enough; the opinion of the representative body of employees will also have to be taken into account.

<4>In Art. 112 of the Labor Code of the Russian Federation lists non-working holidays - these are January 1 - 5, January 7, February 23, March 8, May 1 and 9, June 12, November 4 (12 days in total).

The procedure for paying for work on weekends and non-working holidays is the same and is established by Art. 153 Labor Code of the Russian Federation. As in the case of overtime work, in relation to wages on weekends and non-working holidays, the Labor Code establishes minimum dimensions. Specific amounts of payment for work on these days can be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of workers, or an employment contract. So, if an employee is paid an hourly wage, then his involvement in work on a weekend or holiday is paid at least in the amount of double the hourly tariff rate; if payment is made based on the daily tariff rate, then the latter is also doubled.

Example 4. Driver Krylov S.V. in March 2008, he worked 18 daily shifts, one of which was on March 8th. The duration of the daily shift is 9 hours. The employee has a daily wage rate of 1,300 rubles. Work on holidays is paid double.

Krylov S.V. wages for March 2008 are calculated in the amount of 24,700 rubles. (17 shifts x 1300 RUR + 1 shift x 1300 RUR x 2).

Now let’s look at what minimum limit can be set for wages on weekends and holidays for salaried employees. It depends on whether the work was done within or beyond monthly norm working time (with the introduction of URV - the norm of working time of the accounting period, in other words, the duration of work according to the work schedule, if it complies with the normal working time). In case of emergency control, work on holidays established for the driver by the work schedule (shift) as working days is included in the standard working time of the accounting period (clause 30 of the Regulations). In this case, days (hours) of work are paid in the amount of no less than a single daily or hourly rate (part of the salary for a day or hour of work) in addition to the salary. If the work was performed in excess of the standard working time of the accounting period, holidays are paid in the amount of at least double the daily or hourly rate (part of the salary for the day or hour of work) in addition to the salary. If part of the work shift falls on a holiday, the hours actually worked on the holiday (from 0 to 24 hours) are paid at double the rate (clause 2 of Explanations No. 13/P-21<5>).

<5>Explanations of the State Labor Committee of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated 08.08.1966 N 13/P-21 “On compensation for work on holidays.”

Example 5. Let's change the conditions of example 4. Krylova S.V. The salary is set at 24,000 rubles. Payment for work on holidays is made at the minimum rates provided for by the Labor Code.

If work on a holiday (March 8) is provided for in the work schedule, then for March 2008 the driver will be credited 25,333.33 rubles. (RUB 24,000 + RUB 24,000 / 18 shifts). If Krylov S.V. was brought to work on his day off, which turned out to be a holiday, he will be credited with 26,823.53 rubles for March. (RUB 24,000 + RUB 24,000 / 17 shifts x 2).

Please note: at the request of the employee, for working on a weekend or a non-working holiday (not provided for by the schedule), he may be given another day of rest. In this case, work on that day is paid in a single amount, but the day of rest is not subject to payment.

Please note that when calculating overtime hours, work on holidays performed in excess of normal working hours should not be taken into account, since it is already paid at an increased rate (clause 4 of Explanations No. 13/P-21).

Example 6. Let's change the conditions of example 2. Smirnov V.S. worked on February 23 over the schedule for 10 hours, within the schedule on March 8 - 2 hours. Overtime work is paid based on the results of work for the accounting period. Work on holidays and overtime is paid at the minimum rates provided for by the Labor Code.

For work in January to V.S. Smirnov. 20,625 rubles were accrued, in February - 30,855 rubles. (RUB 27,555 + RUB 165 x 10 hours x 2), in March - RUB 27,060. (RUB 26,730 + RUB 165 x 2 hours). For overtime work he will be credited 3,795 rubles. (165 RUR x 2 h x 1.5 + 165 RUR x (476 - 454 - 2 - 10) h x 2).

We work at night

A situation is possible when the driver works at night - from 10 pm to 6 am (Article 96 of the Labor Code of the Russian Federation). Every hour of work at night, in accordance with the requirements of Art. 154 of the Labor Code of the Russian Federation, must be paid in an increased amount, but not lower than the amounts established by labor legislation and other regulatory legal acts containing standards labor law. Thus, transport enterprises, when establishing the amount of pay for night work for employees working in two- and three-shift modes, can be guided by Resolution No. 194<6>. This regulatory act is applied if the work schedule clearly defines a multi-shift regime (work during the day in two or more shifts) (Letter of the USSR Ministry of Communications dated 09/08/1989 N 185-D). The specific amounts of increased wages for night work are established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of workers, and an employment contract.

<6>Resolution of the Central Committee of the CPSU, Council of Ministers of the USSR, All-Union Central Council of Trade Unions dated 02.12.1987 N 194 “On the transition of associations, enterprises and organizations of industry and other sectors of the national economy to a multi-shift operating mode in order to increase production efficiency.”

Example 7. Driver Korobov O.S. worked 180 hours in March 2008, including 5 hours at night. The accounting period is a month. The normal number of working hours for the accounting period is 159. The driver is set an hourly tariff rate of 200 rubles. For each hour of work at night, the driver is paid 40% of the hourly tariff rate. Overtime hours are paid at the minimum rates established by the Labor Code.

Salary Korobova O.S. will include:

remuneration for actual time worked - 36,000 rubles. (180 h x 200 rub.);
additional payment for night work - 400 rubles. (200 rub. x 40% x 5 h);
overtime payment - 4000 rubles. (200 rub. x 2 h x 0.5 + 200 rub. x (180 - 159 - 2) h x 1).

The total salary for March will be 40,400 rubles. (36,000 + 400 + 4000).

Let's calculate average earnings

The Labor Code establishes cases when an employee retains average earnings, for example, when providing paid leave, sending to business trip, payment of severance pay, transfer to another lower-paid job. In all these cases, to calculate the average salary, a single procedure is used, which is determined by the Government of the Russian Federation taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations. Last year, the rules for calculating average earnings established by Russian Government Decree No. 213 were applied.<7>(hereinafter referred to as Regulation No. 213). However, as of January 6, 2008, the rules changed - Russian Government Decree No. 922 came into force<8>, which approved the new Regulations (hereinafter referred to as Regulation No. 922) and declared Regulation No. 213 to be invalid. The new procedure for calculating average wages is brought into line with labor legislation; it provides for features of calculating average wages that differ from those previously in force. Naturally, we will focus on how the average earnings of workers for whom the RMS is established are calculated.

<7>Regulations on the specifics of the procedure for calculating average wages, approved. Decree of the Government of the Russian Federation dated April 11, 2003 N 213.
<8>Regulations on the specifics of the procedure for calculating average wages, approved. Decree of the Government of the Russian Federation dated December 24, 2007 N 922.

If an employee has an ICS, then average hourly earnings are used to determine average earnings (except for cases of determining average earnings for vacation pay and compensation for unused vacations) (clause 13 of Regulations No. 922). Average earnings are calculated by multiplying average hourly earnings by the number of working hours on the employee's schedule (added) in the payable period. In turn, average hourly earnings are obtained by dividing the amount of wages actually accrued for hours worked (added) in the payroll period, including bonuses and remuneration (added), by the number of hours actually worked during this period. The calculation period is the period equal to 12 months preceding the period during which the employee retains his average salary.

To pay for vacations and pay compensation for unused vacations, average earnings are calculated differently. Moreover, the calculation procedure is the same for all employees, including those for whom the RMS is established, and depends on which days the leave is granted - calendar or working days. Average earnings are determined by multiplying the average daily earnings by the number of days (calendar or working) in the period subject to payment. The average daily earnings for payment of vacations provided in calendar days and payment of compensation for unused vacations will be obtained by dividing the amount of wages actually accrued for billing period, by 12 (previously - 3) and the monthly average calendar days- 29.4 (previously - 29.6) (clause 10 of Regulations No. 922).

As before, the average daily earnings to pay for vacations granted in working days and payment of compensation for unused vacations are determined by dividing the amount of accrued wages by the number of working days according to the calendar of a six-day working week (clause 11 of Regulation No. 922).

Please note: vacation is granted in working days to employees who have entered into an employment contract for a period of up to two months, as well as to those employed in seasonal work. They are entitled to two working days for each month of work (Articles 291, 295 of the Labor Code of the Russian Federation).

Let us recall that earlier, in accordance with para. 4, paragraph 13 of Regulation No. 213, the average earnings to pay for the vacation of an employee for whom the RMS was established were determined as follows: the average hourly earnings were multiplied by the amount of working time (in hours) per week and the number of calendar weeks of vacation. Meanwhile, this calculation procedure led to a decrease in the average earnings of an employee who was assigned an RMS, who performed overtime work at the initiative of the employer, paid at an increased rate: the average earnings were determined without taking into account the payment of overtime work that the employee performed in the accounting period. This was considered by the Supreme Court and issued a Decision dated July 13, 2006 N GKPI06-637 to invalidate paragraph. 4 clause 13 of Regulation No. 213. The Government of the Russian Federation took this point into account and established that the amount of average earnings for vacation pay in all cases depends on the average daily earnings.

O.V. Davydova

Journal expert

"Transport services:

accounting

and taxation"



Travel expenses in explanations of ministries and departments

Features of working hours and rest time, working conditions individual categories workers whose work is directly related to the movement vehicles, are regulated by orders:

– Ministry of Transport of Russia dated 10/18/2005№127for tram and trolleybus drivers;

– Ministry of Transport of Russia dated 06/08/2005№63for metro workers;

– Ministry of Railways of Russia dated 03/05/2004№7for certain categories of railway transport workers directly related to the movement of trains, etc.;

– Ministry of Transport of Russia dated 08/20/2004№15for car drivers (Regulations on the specifics of working hours and rest time for car drivers).

In the article we will consider the features of the working hours and rest hours of car drivers.

On July 5, 2014, the amendments adopted by the Order of the Ministry of Transport of Russia dated December 24, 2013 No. 484 “On Amendments to the Regulations on the Peculiarities of Working Time and Rest Time for Car Drivers” came into force.

The changes affected mainly the redistribution of rest time during the working day and the daily rest time of drivers. This redistribution must be taken into account when calculating driver salaries.

The regulation approved by the Ministry of Transport of Russia dated August 20, 2004 No. 15 establishes the specifics of the working time and rest time regime for drivers (with the exception of those engaged in international transportation, as well as those working as part of shift crews with a rotational method of organizing work), working under an employment contract on cars, belonging to organizations registered on the territory of the Russian Federation, regardless of organizational and legal forms and forms of ownership, departmental affiliation, individual entrepreneurs and other persons engaged in transportation activities.

All issues of working time and rest time not provided for in the Regulations are regulated by the labor legislation of the Russian Federation.

1. Driver working hours

According to Art. 91 of the Labor Code of the Russian Federation, working time includes not only the time during which the employee performs work duties, but also other periods.

Clause 15 of the Regulations establishes that working hours drivers includes:

– driving time;

– time of special breaks for rest from driving on the way and at final destinations;

- preparatory and final time for performing work before leaving the line and after returning from the line to the organization, and for intercity transportation - for performing work at the turnaround point or on the way (at a parking place) before the start and after the end of the shift;

– time medical examination driver before leaving the line and after returning from the line;

– parking time at cargo loading and unloading points, at passenger pick-up and drop-off points, at places where special vehicles are used;

– downtime not due to the driver’s fault;

– time of work to eliminate vehicle operational malfunctions that arose during work on the line, which do not require disassembling the mechanisms, as well as performing adjustment work in the field in the absence of technical assistance;

– time of protection of cargo and vehicle during parking at final and intermediate points during intercity transportation if such duties are provided for in the employment agreement (contract) concluded with the driver;

– the time the driver is present at the workplace when he is not driving a car, when sending two drivers on a trip;

– time in other cases provided for by the legislation of the Russian Federation.

According to Part 2 of Art. 91 of the Labor Code of the Russian Federation, normal working hours should not exceed 40 hours per week.

1.1. Driver working hours

According to Art. 100 of the Labor Code of the Russian Federation, the working hours must comply with:

– terms of the employment contract;

– internal labor regulations of the organization;

– work schedule (shifts).

According to clause 7 of the Regulations, normal Drivers' working hours cannot exceed 40 hours per week. In this case, the normal duration of daily work (shift) cannot exceed:

– 8 hours – for drivers working according to the calendar of a five-day work week with two days off;

– 7 hours – for drivers working according to the calendar of a six-day work week with one day off.

If normal working hours cannot be met, drivers are required to summarized recording of working time with a duration of the accounting period of 1 month.(clause 8 of the Regulations) or up to 6 months. – for the transportation of passengers in resort areas in the summer-autumn period and for other transportation related to the maintenance of seasonal work.

When recording working hours in total, the duration of daily work (shift) of drivers cannot exceed 10 hours (clause 9 of the Regulations), but no more than twice a week (clause 17 of the Regulations). However, for two consecutive weeks, driving time should not exceed 90 hours.

For intercity transportation, it can be increased to 12 hours. And if the driver’s stay in the car is expected to last more than 12 hours, according to the new edition of clause 10 of the Regulations, two or more drivers are sent on the trip. In this case, the car must be equipped with a sleeping place for rest.

Also, the shift can be increased to 12 hours for drivers carrying out transportation for healthcare institutions, public utility organizations, telegraph, telephone and postal communications, emergency services, technological (in-site, intra-factory and intra-quarry) transportation without access to highways public use, streets of cities and other populated areas, transportation in official cars when servicing organs state power and local governments, heads of organizations, as well as transportation on cash-in-transit, fire and rescue vehicles. Such an increase is possible only if the total driving time during the daily work period does not exceed 9 hours (clause 12 of the Regulations).

According to clause 13 of the Regulations, bus drivers working on regular city, suburban and intercity bus routes, with their consent, the working day can be divided into two parts. The division is made by the employer on the basis of local normative act, adopted taking into account the opinion of the representative body of workers.

The break between the two parts of the working day is established no later than 4 hours after the start of work. And the duration of the break between two parts of the working day should be no more than 2 hours, excluding time for rest and food. In this case, the total duration of daily work (shift) should not exceed the duration of daily work (shift).

The break time between two parts of a shift is not included in working hours.

A break between two parts of a shift is provided in places provided for by the traffic schedule and providing the driver with the opportunity to use rest time at his own discretion. Before the changes were made, the break was provided at the location or place designated for parking buses and equipped for rest for drivers (clause 13 of the Regulations).

1.1.1. Establishing a shift work regime for the driver

A shift work schedule may be established for car drivers.

According to Article 103 of the Labor Code of the Russian Federation, the employer must draw up shift schedules no later than 1 month in advance. Before the implementation of shift schedules, they must be brought to the attention of employees by the employer

Work schedules (shifts) for regular transportation in urban and suburban traffic are drawn up by the employer for all drivers for each calendar month with daily or cumulative accounting of working hours. Work (shift) schedules establish working days indicating the start and end times of daily work (shifts), break times for rest and meals in each shift, as well as weekly rest days. Work schedules (shifts) are approved by the employer, taking into account the opinion of the representative body of workers and are brought to the attention of drivers.

1.1.2. Driver's irregular working hours

According to Art. 101 of the Labor Code of the Russian Federation and clause 14 of the Regulations allow the establishment of an irregular working day for drivers of passenger cars (except for taxis), as well as for drivers of expedition vehicles and survey parties engaged in geological exploration, topographic-geodetic and survey work in the field.

An employment contract with a driver may include a clause regarding irregular working hours if this profession provided for in the list of positions with irregular working hours. Such a list is established by a local regulatory act (for example, PVTR) or a collective agreement (Article 101 of the Labor Code of the Russian Federation).

1.2. Driver overtime

According to clause 23 of the Regulations, the use of overtime work is permitted in the cases and in the manner provided for in Art. 99 Labor Code of the Russian Federation.

When recording working hours in total, overtime work during a working day (shift) together with work according to a schedule should not exceed 12 hours, except for the cases provided for in paragraphs. 1.3 parts 2 tbsp. 99 Labor Code of the Russian Federation.

Overtime work should not exceed 4 hours for each driver for two consecutive days and 120 hours per year.

2. Driver rest time

According to Art. 106 and 107 of the Labor Code of the Russian Federation, the employer is obliged to provide them with breaks during the working day, daily rest, weekends, non-working holidays, and vacations.

2.1. Break for rest and food

The duration of the break for rest and food provided to the driver must be at least 30 min., But no more than 2 hours during a shift or a working day (part 1 of article 108 of the Labor Code of the Russian Federation, paragraph 1 of clause 24 of the Regulations). If the driver works according to a shift schedule and the daily work exceeds 8 hours, then he is given two breaks (paragraph 2 of clause 24 of the Regulations). Moreover, their total duration should be 30 minutes. up to 2 hours

The time for providing breaks for rest and food and its specific duration (total duration of breaks) are established by the employer, taking into account the opinion of the representative body of employees or by agreement between the employee and the employer.

2.2. Inter-shift rest

According to clause 25 of the Regulations, the duration of daily (between shifts) rest, together with the break time for rest and food, must be not less than double the duration of work on the working day preceding the rest (shift).

When recording working hours in total, the duration of daily (between shifts) rest must be at least 12 hours.

For regular transportation in urban and suburban traffic, the duration of daily rest time for drivers is 12 hours. Taking into account the remoteness of the employee’s resting place, it can be reduced by no more than 3 hours, that is, up to 9 hours. This overtime must be compensated by providing rest time of at least 48 hours immediately after the end of an extended work shift. Since overtime is provided for in the work schedule (shift) and is compensated by the provision of rest time, it is not overtime work and is therefore paid at a single rate. Such redistribution of rest time is possible upon a written application from the employee (in agreement with the trade union, if there is one).

For intercity transportation, the duration of the daily rest time at intermediate stops or parking points cannot be less than 11 hours.

This holiday can be:

– reduce to 9 hours, but no more than three times within one week. Overtime in this case is also not overtime for the same reasons as in the previous case. Therefore, it is paid in a single amount. Overtime is compensated by providing the driver with next week additional rest time, which in total should be equal to the reduction in daily rest time. For example, if during the week the rest time was reduced three times by 2 hours, that is, it was reduced by 6 hours in total, then by the end of the next week these 6 hours must be added to the driver’s daily rest time. They can be distributed both evenly and unevenly;

– on those days when the duration of rest is not reduced, it can be divided into two or three separate periods within 24 hours, provided that one of them is at least 8 hours in a row. Then the total duration of daily rest time must be increased to no less than 12 hours. Such an increase does not lead to a decrease in the standard working time. And, consequently, to a reduction in the employee’s salary. Moreover, if during every 30 hours the car was driven by at least two drivers, each of them must be given a break of at least 8 hours in a row.

2.3. Weekly rest

According to clause 26 of the Regulations, weekly uninterrupted rest must immediately precede or immediately follow daily (between shifts) rest, and its duration must be at least 42 hours.

When accounting for working time in total, weekends (weekly continuous rest) are set on different days of the week according to work schedules (shifts), and the number of days off in the current month must be at least the number of full weeks of this month.

2.4. Providing the driver with leave

According to Article 115.122 of the Labor Code of the Russian Federation, an employee must be provided with annual paid leave of at least 28 calendar days. In accordance with Art. 116 of the Labor Code of the Russian Federation, employees of transport organizations have the right to additional paid leave for work with harmful and (or) dangerous working conditions, the duration of which cannot be less than 7 calendar days, as well as for the special nature of the work.

If a driver works irregular working hours, he is entitled to additional leave lasting at least 3 calendar days (Article 119 of the Labor Code of the Russian Federation).

3. Consequences of violating the work and rest schedule established for the driver

For violation of the work and rest regime established for the driver, the perpetrators may be brought to administrative responsibility under Art. 5.27 of the Code of the Russian Federation on Administrative Offences.

Art. 5.27 of the Code of Administrative Offenses of the Russian Federation entails the imposition of an administrative fine on officials in the amount of 1 to 5 thousand rubles; for persons carrying out entrepreneurial activities without education legal entity, - from 1 to 5 thousand rubles. or administrative suspension of activities for up to ninety days; for legal entities – from 30 to 50 thousand rubles. or administrative suspension of activities for up to 90 days.

Registration N 6094

In accordance with Federal Law of December 30, 2001 N 197-FZ "Labor Code Russian Federation" (Collection of Legislation of the Russian Federation, 2002; N 1 (part 1), art. 3) I order:

Approve the Regulations on the specifics of working hours and rest periods for car drivers in accordance with the appendix.

Minister I. Levitin

Application

Regulations on the specifics of working hours and rest time for car drivers

I. General provisions

Advertisement ).

2. This Regulation establishes the specifics of the working hours and rest periods of drivers (with the exception of drivers engaged in international transportation, as well as those working as part of shift crews with a rotational method of organizing work), working under an employment contract on vehicles owned by registered in the territory of the Russian Federation organizations, regardless of organizational and legal forms and forms of ownership, departmental affiliation, individual entrepreneurs and other persons engaged in transportation activities on the territory of the Russian Federation (hereinafter referred to as drivers).

All issues of working time and rest time not provided for in the Regulations are regulated by the labor legislation of the Russian Federation.

In the cases provided for by the Regulations, the employer establishes the specifics of the working time and rest time of drivers, taking into account the opinion of the representative body of workers, and in cases provided for by the collective agreement, agreements - in agreement with the representative body of workers.

3. The specifics of working hours and rest periods provided for by the Regulations are mandatory when drawing up work schedules (shifts) for drivers. Timetables and schedules for the movement of vehicles in all types of communications must be developed taking into account the norms of the Regulations.

4. Work schedules (shifts) on the line are drawn up by the employer for all drivers on a monthly basis for each day (shift) with daily or cumulative accounting of working hours and are brought to the attention of drivers no later than one month before they come into effect. Work (shift) schedules establish the start, end and duration of daily work (shift), break times for rest and meals, daily (between shifts) and weekly rest times. The work schedule (shift) is approved by the employer, taking into account the opinion of the representative body of employees.

5. On intercity transportation, when sending drivers on long-distance trips, in which the driver cannot return to permanent place work, the employer sets the driver a time limit for driving and parking the car, taking into account the norms of the Regulations.

II. Working hours

6. During working hours, the driver must perform his job duties in accordance with the terms of the employment contract, the internal labor regulations of the organization and the work schedule (shift).

7. Normal working hours for drivers cannot exceed 40 hours per week.

For drivers working on a five-day work week with two days off, the normal duration of daily work (shift) cannot exceed 8 hours, and for drivers working on a six-day work week with one day off - 7 hours.

8. In cases where, due to production (work) conditions, the established normal daily or weekly working time cannot be observed, drivers are provided with a summarized recording of working time with a recording period of one month.

For the transportation of passengers in resort areas in the summer-autumn period and for other transportation associated with servicing seasonal work, the accounting period can be set to last up to 6 months.

The duration of working hours during the accounting period should not exceed the normal number of working hours.

The summary recording of working time is introduced by the employer, taking into account the opinion of the representative body of employees.

9. When recording working hours in total, the duration of daily work (shift) of drivers cannot exceed 10 hours, except for the cases provided for in paragraphs 10, 11, 12 of the Regulations.

10. In the case when, when carrying out intercity transportation, the driver must be given the opportunity to get to the appropriate place of rest, the duration of daily work (shift) can be increased to 12 hours.

If the driver's stay in the car is expected to last more than 12 hours, two drivers are sent on the trip. In this case, the car must be equipped with a sleeping place for the driver to rest.

11. When recording cumulative working hours for drivers working on regular city and suburban bus routes, the duration of daily work (shift) can be increased by the employer to 12 hours in agreement with the representative body of workers.

12. Drivers carrying out transportation for healthcare institutions, public utility organizations, telegraph, telephone and postal communications, emergency services, technological (in-facility, intra-factory and intra-quarry) transportation without access to public roads, city streets and others settlements, transportation in official cars when servicing state authorities and local governments, heads of organizations, the duration of daily work (shift) can be increased to 12 hours if the total duration of driving during the period of daily work (shift) does not exceed 9 hours.

13. For bus drivers working on regular, city, suburban and intercity bus routes, with their consent, the working day can be divided into two parts. The division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the representative body of employees.

The break between the two parts of the working day is established no later than 4 hours after the start of work.

The duration of the break between two parts of the working day should be no more than two hours, excluding time for rest and food, and the total duration of daily work (shift) should not exceed the duration of daily work (shift) established by paragraphs 7, 9, 10 and 11 of these Regulations .

The break between the two parts of the shift is provided at the location or place designated for the parking of buses and equipped for rest of drivers.

The break time between two parts of a shift is not included in working hours.

14. 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, may have an irregular working day.

The decision to establish an irregular working day is made by the employer, taking into account the opinion of the representative body of the organization’s employees.

The number and duration of work shifts according to work schedules (shifts) with irregular working hours are established based on the normal length of the working week, and weekly rest days are provided on a general basis.

15. The driver’s working time consists of the following periods:

a) driving time;

b) time of special breaks for rest from driving on the way and at final destinations;

c) preparatory and final time for performing work before leaving the line and after returning from the line to the organization, and for intercity transportation - for performing work at the turnaround point or on the way (at a parking place) before the start and after the end of the shift;

d) time of medical examination of the driver before leaving the line and after returning from the line;

e) parking time at loading and unloading points, at passenger pick-up and drop-off points, at places where special vehicles are used;

e) downtime not due to the driver’s fault;

g) the time of work to eliminate operational malfunctions of the serviced vehicle that arose during work on the line, which do not require disassembling the mechanisms, as well as performing adjustment work in the field in the absence of technical assistance;

h) the time of protection of cargo and vehicle during parking at final and intermediate points during intercity transportation if such duties are provided for in the employment agreement (contract) concluded with the driver;

i) the time the driver is present at the workplace when he is not driving a car when two drivers are sent on a trip;

j) time in other cases, provided for by law Russian Federation.

16. Driving time (subparagraph “a” of paragraph 15 of the Regulations) during the period of daily work (shift) cannot exceed 9 hours (except for the cases provided for in paragraphs 17, 18 of the Regulations), and in mountainous areas when transporting passengers by bus overall length over 9.5 meters and when transporting heavy, long and large cargo cannot exceed 8 hours.

17. With cumulative accounting of working hours, the time spent driving a car during a period of daily work (shift) can be increased to 10 hours, but no more than twice a week. In this case, the total duration of driving for two weeks in a row cannot exceed 90 hours.

18. When recording working hours in aggregate, for bus drivers working on regular city and suburban passenger routes, aggregate accounting of driving time can be entered. In this case, the total duration of driving time for two weeks in a row, taking into account the time driving a car during work in excess of normal working hours (overtime work), cannot exceed 90 hours.

19. For intercity transportation, after the first 3 hours of continuous driving, the driver is given a special break for rest from driving a car on the road (subparagraph “b” of paragraph 15 of the Regulations) lasting at least 15 minutes; subsequently, breaks of this duration are provided no more than every 2 hours. In the event that the time for providing a special break coincides with the time for providing a break for rest and food (clause 25 of the Regulations), the special break is not provided.

The frequency of breaks in driving for short-term rest for the driver and their duration are indicated in the time assignment for driving and parking the car (clause 5 of the Regulations).

20. The composition and duration of preparatory and final work included in the preparatory and final time (subparagraph “c” of paragraph 15 of the Regulations) and the duration of the medical examination of the driver (subparagraph “d” of paragraph 15 of the Regulations) are established by the employer, taking into account the opinion of the representative body of employees organizations.

21. The time spent guarding cargo and the vehicle (subclause “h” of clause 15 of the Regulations) is counted toward the driver’s working hours in the amount of at least 30 percent. The specific length of time for guarding cargo and a vehicle, counted toward the driver during working hours, is established by the employer, taking into account the opinion of the representative body of the organization’s employees.

If transportation in one vehicle is carried out by two drivers, the time spent guarding the cargo and the vehicle is counted as working time for only one driver.

22. The time a driver is present at the workplace when he is not driving a car when sending two drivers on a trip (subparagraph “and” of paragraph 15 of the Regulations) is counted toward his working time in the amount of at least 50 percent. The specific length of time a driver is present at the workplace when he is not driving a car when sending two drivers on a trip, counted as working time, is established by the employer taking into account the opinion of the representative body of the organization’s employees.

23. The use of overtime work is permitted in cases and in the manner provided for in Article 99 Labor Code Russian Federation.

When recording working hours in total, overtime work during a working day (shift) together with work according to a schedule should not exceed 12 hours, except for the cases provided for in subparagraphs 1, 3 of part two of Article 99 of the Labor Code of the Russian Federation.

Overtime work must not exceed four hours for each driver on two consecutive days and 120 hours per year.

III. Rest time

24. Drivers are given a break for rest and food lasting no more than two hours, usually in the middle of the work shift.

If the duration of daily work (shift) is established by the shift schedule for more than 8 hours, the driver may be provided with two breaks for rest and food with a total duration of no more than 2 hours and no less than 30 minutes.

25. The duration of daily (between shifts) rest, together with the break time for rest and food, must be at least twice the duration of work on the working day (shift) preceding the rest.

When recording working hours in total, the duration of daily (between shifts) rest must be at least 12 hours.

For intercity transportation, with cumulative accounting of working hours, the duration of daily (between shifts) rest at turnover points or at intermediate points cannot be less than the duration of the previous shift, and if the vehicle crew consists of two drivers, no less than half the time of this shift with a corresponding increase in time rest immediately after returning to the place of permanent work.

26. Weekly uninterrupted rest must immediately precede or immediately follow daily (between shifts) rest, and its duration must be at least 42 hours.

27. When accounting for working time in total, weekends (weekly continuous rest) are established on various days of the week according to work schedules (shifts), and the number of days off in the current month must be no less than the number of full weeks of this month.

28. For intercity transportation, with cumulative accounting of working hours, the duration of weekly rest can be reduced, but not less than 29 hours. On average, during the reference period, the duration of weekly uninterrupted rest must be at least 42 hours.

29. Involvement of a driver to work on a day off, established for him by the work schedule (shift), is carried out in cases provided for in Article 113 of the Labor Code of the Russian Federation, with his written consent by written order of the employer, in other cases - with his written consent by written order by order of the employer and taking into account the opinion of the representative body of employees.

30. Work of drivers on non-working holidays is permitted in cases provided for in Article 112 of the Labor Code of the Russian Federation. When recording working hours in aggregate, work on holidays established for the driver by the work schedule (shift) as working days is included in the standard working time of the accounting period.

_________________

1 Collection of Legislation of the Russian Federation, 2002, No. 1 (Part 1), Art. 3.

I like

Labor organization of drivers

The efficiency of the transport process largely depends on the organization of the driver’s work. The work of all management personnel of the transportation organization service should be aimed at creating conditions for highly productive and economical work of the driver. The driver's work takes place under stressful conditions. His health is adversely affected by increased noise levels, gas pollution, vibrations in the workplace, temperature fluctuations in winter time. The driver performs responsible functions during the transportation process, accepts the cargo from the consignor, accompanies it along the way, and delivers it to the consignee. He is responsible for the safety of the cargo and vehicle. When driving in traffic, the driver requires constant attention. The organization of driver work at enterprises, regardless of their organizational and legal form, must comply with the “Regulations on working time and rest time of car drivers”, approved by Resolution of the Ministry of Labor of the Russian Federation of June 25, 1999 N 16. The working hours of drivers cannot exceed 40 hours per week . The duration of daily work is determined by the length of the working week (6 or 7 days), internal regulations and shift schedules. For drivers working a five-day work week with two days off, the duration of daily work (shift) cannot exceed 8 hours, and for drivers working a six-day work week with one day off - 7 hours.

If the duration of a driver’s work shift does not change during working days, then daily working time recording is used, that is, the time worked is taken into account by working days. Overtime hours are counted separately and are not offset by shortfalls on other days. .

Due to production conditions, it is not always possible for drivers to record time worked by day, so summarized accounting is more often used. The decision to establish summarized recording of working time is made by the employer in agreement with the relevant elected official trade union body or other representative body authorized by the employees, and in their absence - by agreement with the employee, enshrined in the employment agreement (contract) or annex to it. In this case, it is necessary that the duration of working hours during the accounting period does not exceed the number of working hours for a 40-hour working week. When recording working hours in aggregate, the duration of daily work (shift) for drivers can be set to no more than 10 hours.

Control of drivers' working hours

Since the work of drivers should not exceed 7-8 hours a day (depending on the work schedule), this time must be somehow controlled. There are several methods of control.

Waybills. The waybill must reflect the date (day, month, year) and time (hours, minutes) of departure and arrival of the vehicle to its permanent parking place. Thus, on the basis of the waybill, it is possible to determine whether the driver’s working hours and rest periods are observed, and also to determine the duration of the time actually worked by the employee.

GPS monitoring. GPS monitoring is designed to determine the location of a vehicle online. This system monitoring allows you to determine the time the machine is moving, as well as idle time.

Tachograph. A system for offline monitoring and recording of such parameters as: speed of movement, vehicle mileage, periods of work and rest for the crew. Unlike

The driver’s working time includes

driving time;
time of stops for short rest from driving on the way and at final destinations;
preparatory and final time for performing work before leaving the line and after returning from the line to the organization, and for intercity transportation - for performing work at the turnaround point or on the way (at a parking place) before the start and after the end of the shift;
time of medical examination of the driver before leaving the line and after returning from the line;
parking time at cargo loading and unloading points;
downtime is not the fault of the driver;
time of work to eliminate operational malfunctions of the vehicle that arose during work on the line, as well as adjustment work in the field, in the absence of technical assistance;
the time of protection of cargo and vehicle while parked at final and intermediate points during intercity transportation if such duties are provided for in the employment agreement (contract) concluded with the driver;
the time the driver is present at the workplace when he is not driving a car when two drivers are sent on a trip.
time in other cases provided for by the legislation of the Russian Federation.

The daily duration of driving a vehicle during the period of daily work (shift) cannot exceed 9 hours, and when transporting heavy, long and large cargo - 8 hours.

Drivers' rest

After the first 3 hours of continuous driving (for example, on intercity transport), a stop for a short rest for the driver lasting no less than 15 minutes is provided; subsequently, a stop of this duration is provided for no more than every 2 hours. When stopping for a break for rest and food, the specified additional time for a short rest is not provided to the driver of the car. The frequency of breaks in driving for a short rest for the driver and their duration are indicated in the time task for driving and parking the car. Preparatory and final time is intended for performing the following operations: obtaining and handing in a waybill, refueling the car, starting and warming up the engine, checking technical condition control mechanic, placing the car in the designated place. Working hours for cumulative accounting are regulated by shift schedules, which define for the entire accounting period:

start, end and duration of daily work;

time and duration of breaks for rest and food;

inter-shift and weekly rest time.

When working in shifts, the transition from one shift to another should occur at least once a week. Types of rest for drivers According to labor legislation, rest time is considered the time that drivers are exempt from performing labor responsibilities and can use as they wish. The following types of recreation are distinguished:

a break during the work shift for rest and food lasting no more than two hours, provided no later than 4 hours after the start of the shift; if a shift lasts more than 8 hours, two breaks of no more than 2 hours together are provided;

daily (between shifts) rest, the duration of which, together with a break for rest and food, should not be less than double the duration of work on the day preceding the rest.

a weekly uninterrupted rest must immediately precede or immediately follow a daily rest, and the total duration of the rest time, together with the break time for rest and food on the previous day, must be at least 42 hours.

If the route takes more than 12 hours and the driver cannot rest, the car must be provided with two drivers. Drivers' work modes The following work modes for drivers and the use of rolling stock are common: single-shift, two-shift and three-shift. The operating modes used can be combined with individual and team forms of organizing the work of drivers.

In a single-shift operating mode, one driver is assigned to one vehicle according to the act. This largely determines the good technical condition of the car, but at the same time the intensity of use of the car will be low. The car will be idle for most of the day.
The two-shift operating mode of the rolling stock ensures high intensity operation of transport during the normal duration of the driver’s work shift. Maintenance and routine repairs must be carried out at night, which requires organizing a special team of repairmen. It is possible to replace a working vehicle on the day shift with another vehicle while repairs and maintenance work are performed.
The three-shift operating mode of vehicles is one of the most difficult for drivers and rolling stock. If three drivers work on one car, replacing each other, then there is no opportunity to perform normal maintenance And current repairs car. Replacing a working car with another on one working day is of little use. Therefore, in practice, the client’s need for three-shift operation of transport is satisfied not only by the shift work of three drivers on one car, but also by other methods.

Two cars are most often used for this purpose. Of the two cars that meet the client’s need for three-shift work, one can work in two shifts with two drivers (for example, in the 1st and 3rd shifts), and in the intermediate 2nd shift the second car with an assigned driver works. A car of better technical condition is used in two shifts at intervals, and a more worn-out car is used in one shift. If the cars are of approximately the same technical condition, then they can be changed according to modes of use: one week one of them works in two shifts, and in another week the other works in two shifts.

The profession of a driver is associated with driving a car and other vehicles, that is, directly sources of increased danger. In addition, the driver is often responsible not only for his own safety and the safety of the vehicle, but also for the lives of his passengers and other participants traffic. Therefore, this profession has its own characteristics: the rights and obligations of workers in this complex profession and their employers are established by labor legislation and certain regulations.

Regulations on drivers' working hours

When establishing the work schedule for drivers, the employer must be guided by the regulations approved by Order No. 15 of the Ministry of Transport of Russia dated August 20, 2004. The regulation on the specifics of the working hours and rest periods of car drivers was registered with the Ministry of Justice on November 1, 2004. The regulation establishes certain features of the working hours and rest periods of car drivers (exceptions: drivers engaged in international transport, as well as those working in a rotation crew), working under an employment contract on cars that belong to companies registered in Russia. The regulation consists of chapters: general provisions, working time and rest time.

Irregular working hours for drivers

Drivers should set one of the following operating modes:

shift work mode;
dividing the working day into parts;
irregular working hours.

Before starting a work shift, the driver must fill out and issue a waybill, which the employer draws up according to an independently developed or established form. By waybill it is possible to determine whether the driver’s working hours and rest periods are observed, and also to determine the length of time actually worked.

The driver’s work schedule helps to track the tachograph - a device that provides continuous recording of the vehicle’s route, information about the speed, and working hours of the car driver. Organizations that carry out activities related to the operation of vehicles must equip them with such technical means control. From April 1, 2015, a tachograph, designed to record compliance with the driver’s work schedule, became mandatory for commercial vehicles, and from July 1, 2016, the operation of vehicles equipped with technical means that do not ensure the registration of information on tachograph cards is prohibited.

Work schedule for a personal driver

For a personal driver, it is most advisable to set the work schedule on irregular working hours.

Irregular working hours are established in cases where:

requires periodic driver work exceeding normal working hours;
the driver’s work cannot be accurately timed;
employees distribute working time at their own discretion;
An employee’s working time is divided into parts of varying indefinite duration.

However, it is worth considering that working on irregular working hours for a personal driver does not mean that he is not affected by the rules that determine the start and end times of work, the procedure for recording working hours, etc. The employer must keep accurate records of working hours actually worked and reflect it in the time sheet.