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Organization of work of drivers

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

If the duration of the driver's work shift does not change during working days, then daytime accounting of working hours is used, that is, hours worked are taken into account by working days. Overtime hours are counted separately and are not compensated for underwork on other days. .

According to the conditions of production, it is not always possible for drivers to record hours worked by day, therefore, summarized accounting is more often used. The decision to establish a summarized record of working time is made by the employer in agreement with the relevant elected trade union body or other representative body authorized by employees, and in their absence - in agreement with the employee, fixed in employment contract(contract) or appendix to it. At the same time, it is necessary that the duration of working time for the accounting period does not exceed the number of working hours with a 40-hour working week. With the summarized accounting of working time, the duration of daily work (shift) for drivers can be set to no more than 10 hours.

Control of working hours of drivers

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 ways to control.

• Waybills. The waybill should reflect the date (day, month, year) and time (hours, minutes) of the departure and arrival of the car at 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 establish the duration of the time actually worked by the employee.

• GPS monitoring. GPS monitoring is designed to determine the location of the car online. This system monitoring allows you to determine the time of movement of the machine, as well as downtime.

• Tachograph. System of offline control and registration of such parameters as: speed, vehicle mileage, periods of work and rest of the crew. Unlike

The driver's working time includes

• driving time;
• time of stops for a short rest from driving on the way and at the final points;
• preparatory and final time for performing work before leaving the line and after returning from the line to the organization, and for long-distance transportation - for performing work at the turnaround point or on the way (at the parking lot) before the start and after the end of the shift;
• the time of the medical examination of the driver before leaving the line and after returning from the line;
• parking time at the points of loading and unloading of goods;
• downtime through no fault of the driver;
• the time of work to eliminate the operational malfunctions of the vehicle that occurred during work on the line, as well as adjustment work in the field, in the absence of technical assistance;
• the time of protection of the cargo and the car during parking at the final and intermediate points in the implementation of long-distance transportation if such obligations are provided for by the employment contract (contract) concluded with the driver;
• the time of presence at the workplace of the driver when he does not drive the car when two drivers are sent on a flight.
• time in other cases provided for by law Russian Federation.

The daily duration of driving during the period of daily work (shift) cannot exceed 9 hours, and when transporting heavy, long and oversized cargo- 8 ocloc'k.

Rest of drivers

After the first 3 hours of continuous driving (for example, on intercity transportation), a stop for a short rest of the driver lasting at least 15 minutes is provided, in the future, a stop of such a duration is provided for no more than every 2 hours. When stopping for a break for rest and meals, 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 of the driver and their duration is indicated in the task for the time for movement and parking of the car mechanic, setting the car in the allotted place. Working hours in case of summarized accounting are regulated by shift schedules, in which the following are determined for the entire accounting period:

• start, end and duration of daily work;

• time and duration of breaks for rest and meals;

• time between shifts and weekly rest.

At shift work the transition from one shift to another must occur at least once a week. Types of rest for drivers According to labor legislation, rest time is considered to be the time that drivers are released from work duties and can use at their own discretion. There are the following types of recreation:

• a break during the working shift for rest and meals lasting no more than two hours is provided no later than 4 hours after the start of the shift; with a shift duration of 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 meals, should not be less than twice the length of the working time on the day preceding the rest.

• the weekly uninterrupted rest must immediately precede or immediately follow the daily rest, while the total duration of rest, together with the rest and meal breaks on the previous day, must be at least 42 hours.

If the time on the route is more than 12 hours and it is impossible for the driver to rest, the car must be provided by two drivers. Modes of work of drivers The following modes of work of drivers and the use of rolling stock are common: single-shift, two-shift and three-shift. The applicable modes of operation can be combined with individual and brigade uniforms organization of the work of drivers.

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

Most often, two cars are 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 shifts I and III), and the second car with a driver assigned to it works in the intermediate shift II. A car of better technical condition works in two shifts with a break, and a more worn-out car is used in one shift. If the cars are approximately the same technical condition, then they can be changed according to the modes of use: one of them works in two shifts for one week, and the other works in two shifts for another.

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REGULATIONS ON WORKING TIME AND REST TIME FOR CAR DRIVERS (approved by the Ministry of Transport of the RSFSR dated 13-01-78 13-ts) (2019) Actual in 2018

RECOMMENDED CAR DRIVERS SHIFT SCHEDULE UNDER DIFFERENT WORK MODES

Drawing up shift schedules for drivers, as well as timetables and traffic schedules in urban, suburban and intercity communications, is carried out on the basis of the Regulations on Working Hours and Rest Time for Car Drivers.

When drawing up schedules, it is necessary to proceed from the fact that the length of time the drivers work in hours per shift does not exceed the permissible maximum duration of the shift, and the number of shifts in the total accounting of working time by day ensures compliance with the working time norm for the accounting period.

where Tcm - the average duration of the working shift of drivers;

Nh - the normal number of working hours of one driver in a given month (according to the calendar);

Kv - the number of drivers in the brigade to which the cars are assigned;

C - the total number of work shifts on vehicles assigned to drivers in a given

The calculations assume the normal number of working hours for a certain month - 177 hours (for example, in April 1977). When developing schedules for other months, the calculation is based on the norm of working hours for these months.

Bus drivers can be attributed to the number of workers whose work is of a rather specific nature. In addition, additional stress is created by the fact that the driver is driving a vehicle, which in itself carries a potential danger. The driver is constantly exposed to noise, vibration, harmful substances and gases. But, despite this, the most dangerous for the driver are both emotional and nervous tension. So drivers are very important breaks during the working day. The bus driver is constantly surrounded by a continuous flow of traffic, and he is directly responsible for the safety of passengers and other road users. That's why work time drivers must be strictly observed, based on legal requirements. All drivers working under an employment contract must adhere to them. Such drivers are usually owned by organizations - private enterprises or individuals. These norms do not apply only to drivers in the composition of shift teams and engaged in international transportation. For the latter, European standards apply.
The working time of the bus driver, like other workers, should not exceed forty hours a week. For example, if the contract states that the driver must work five days a week, then he must not work more than eight hours a day. If the driver works six days, then his working day should not exceed seven hours.
If the driver works for an organization and his duties include the transportation of employees or the like, then his working day is increased by another four hours, and is already twelve hours a day. But at the same time, on these working days, the bus driver must be driving for no more than nine hours. And if his path will pass through the highlands, then the time spent behind the wheel should be reduced to eight hours. Therefore, it is necessary to count not the hours of work, as many do, but the hours of driving.
The working time of the bus driver consists directly of driving, breaks between driving at the final destinations for fifteen minutes, time to perform work before and after departure, time for medical examination before and after departure, driver downtime, troubleshooting and others listed and taken into account the laws of time.
Time for the rest of the bus driver should be provided every two hours at most in the middle of the working day. The minimum time is half an hour. The weekly rest must follow the working week, amounting to forty-two hours of uninterrupted time. It is this time that is able to provide maximum rest to the body, after performing such hard work.
Since the bus driver is a responsible and stressful job, all of the above rules are mandatory for both employers and drivers themselves. Otherwise, it can lead to emergencies with a disastrous outcome.

I. General provisions

Instructions on the features of the mode of working hours and rest time for the driver of the car have been developed in accordance with the requirements<«Положения об особенностях режима рабочего времени и времени отдыха водителей автомобилей», утвержденного Приказом Министерства транспорта России от 20.08.04 № 15, а также Приказом Министерства транспорта Российской Федерации (Минтранс России) от 24.12.2013 г. N 484 г.>(See Appendix 1 to this manual).

1. The regulation on the peculiarities of the regime of working hours and rest time for car drivers (hereinafter referred to as the Regulation) was developed in accordance with Article 329 federal law dated December 30, 2001 No. 197-FZ "Labor Code of the Russian Federation" * (hereinafter - the Labor Code of the Russian Federation).

2. The regulation establishes the features of the regime of working hours and rest time for drivers (with the exception of drivers employed in international transportation, as well as those working as part of rotational teams with a rotational organization of work), working under an employment contract on cars owned by organizations registered in the Russian Federation regardless of organizational and legal forms and forms of ownership, departmental affiliation, individual entrepreneurs and other persons carrying out transportation activities on the territory of the Russian Federation (hereinafter referred to as drivers).

* Collection of Legislation of the Russian Federation, 2002, No. 1 (part I), art. 3.

All issues of working time and rest time not provided for by 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 regime of working hours and rest periods of drivers, taking into account the opinion of the representative body of employees, and in cases provided for by a collective agreement, agreements, in agreement with the representative body of employees.

3. Features of the mode of working time and rest time of the driver of the car, provided for by the Regulations, are mandatory when drawing up work (shift) schedules for drivers. Timetables and schedules for the movement of vehicles in all types of messages should be developed taking into account the norms of the Regulation.

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

5. On long-distance transportation, when sending drivers on long-distance trips, in which the driver cannot return to a permanent place of work for the duration of daily work established by the work (shift) schedule, the employer sets the task for the driver in time for driving and parking the car, taking into account the norms of the Regulation.

II. Work time

6. During working hours, the driver must fulfill his labor obligations in accordance with the terms of the employment contract, the rules of the internal work schedule organization and work schedule (shift). The driver is also obliged to comply with the requirements of the instructions on the features of the working hours and rest time of the driver of the car.

7. The normal working hours of drivers may not exceed 40 hours per week.

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

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

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

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

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

9. With the total accounting of working time, the duration of the daily work (shift) of drivers cannot exceed 10 hours, except as provided for in paragraphs 10,11,12 of the Regulations.

10. In the case when, during intercity transportation, the driver must be given the opportunity to reach the appropriate place of rest, the duration of daily work (shift) may 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 a flight. In this case, the car must be equipped with a sleeping place for the driver to rest.

11. With the summarized accounting of working hours for drivers working on regular city and suburban bus routes, the duration of daily work (shift) can be increased by the employer up to 12 hours in agreement with the representative body of employees.

12. Drivers carrying out transportation for healthcare institutions, public utility organizations, telegraph, telephone and postal services, emergency services, technological (internal, intra-factory and intra-quarry) transportation without access to roads common use, city streets and other settlements, transportation in official cars when servicing bodies state power 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 two parts of the working day is set 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 meals, 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 this Regulation.

A break between two parts of the shift is provided at the place of deployment or a place designated for the parking of buses and equipped for drivers to rest.

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

14. Drivers of cars (except for taxi cars), as well as drivers of cars of expeditions and survey parties engaged in geological exploration, topographic-geodesic and survey work in the field, may be set an irregular working day.

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

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

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

a) driving time;

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

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

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

e) parking time at points of loading and unloading of goods, at places of embarkation and disembarkation of passengers, at places where special vehicles are used;

f) downtime through no fault of the driver;

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

h) the time of protection of the cargo and the car during parking at the final and intermediate points in the implementation of long-distance transportation if such obligations are provided for by the employment contract (contract) concluded with the driver;

i) the time of the driver's presence at the workplace when he is not driving a car, when two drivers are sent on a flight;

j) time in other cases stipulated by the legislation of the 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 as provided in paragraphs 17, 18 of the Regulations), and in mountainous areas when transporting passengers by buses with an overall length of more than 9.5 meters and when transporting heavy, long and bulky cargo, it cannot exceed 8 hours.

17. With the summarized accounting of working time, the driving time during the period of daily work (shift) can be increased up to 10 hours, but not more than twice a week. At the same time, the total duration of driving for two weeks in a row cannot exceed 90 hours.

18. In the case of summarized recording of working hours for bus drivers working on regular urban and suburban passenger routes, summarized recording of driving time may be introduced. At the same time, the total driving time for two consecutive weeks, taking into account the driving time during the period of work in excess of the normal working hours (overtime work), cannot exceed 90 hours.

19. On intercity transportation, after the first 3 hours of continuous driving, the driver is given a special break to rest from driving on the road (subparagraph "b" of paragraph 15 of the Regulations) for at least 15 minutes, further breaks of such duration are provided for no more than every 2 hours . In the event that the time of granting a special break coincides with the time of granting a break for rest and meals (paragraph 25 of the Regulations), a special break is not granted.

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 (paragraph 5 of the Regulations).

20. The composition and duration of the 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 the employees of the organization .

21. The time of protection of the cargo and the car (subparagraph "h" of paragraph 15 of the Regulations) is credited to the driver during working hours in the amount of at least 30 percent. The specific duration of the time of protection of the cargo and the car, credited to the driver during working hours, is established by the employer, taking into account the opinion of the representative body of the employees of the organization.

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

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

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

With the summarized accounting of working hours overtime work during a working day (shift), together with work according to the schedule, should not exceed 12 hours, with the exception of cases provided for by subparagraphs 1, 3 of the second part 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. Time relax

24. Drivers are provided with a break for rest and meals lasting no more than two hours, as a rule, in the middle of a work shift.

If the duration of daily work (shift) established by the shift schedule is more than 8 hours, the driver may be provided with two breaks for rest and meals with a total duration of not more than 2 hours and not less than 30 minutes.

The time for providing a break for rest and food and its specific duration (the 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.

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

With the summarized accounting of working time, the duration of daily (between shifts) rest must be at least 12 hours.

In long-distance transportation, with a summarized accounting of working time, the duration of daily (inter-shift) 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 - at least half the time of this shift with a corresponding increase in rest time immediately after returning to the place of permanent work.

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

27. In the case of a summarized accounting of working time, days off (weekly uninterrupted rest) are set on different days of the week according to work (shift) schedules, while the number of days off in the current month must be at least the number of full weeks of this month.

28. On long-distance transportation, with the total accounting of working time, the duration of the weekly rest may be reduced, but not less than 29 hours. On average, for the reference period, the duration of the weekly uninterrupted rest should be at least 42 hours.

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

30. Work of drivers during non-working holidays allowed in cases provided for in Article 112 of the Labor Code of the Russian Federation. With the summarized accounting of working time, work on holidays set for the driver by the work (shift) schedule as working hours is included in the working time norm of the accounting period.

The profession of a driver is related to driving a car vehicles and therefore security traffic. As you know, transport is a means of increased danger, and drivers, driving a vehicle, sometimes risk not only material values, but also their lives and passengers. For this reason, ch. 51 of the Labor Code of the Russian Federation provides for the specifics of regulating the labor of employees of transport enterprises, including the features of accounting for the working hours of drivers (Article 329 of the Labor Code of the Russian Federation), which are the subject of this article.

LEGAL BASIS FOR REGULATION OF DRIVERS' LABOR

Part IV of the Labor Code of the Russian Federation contains norms that partially restrict the application general rules or provide for certain categories of workers additional rules.

Chapter 51 of the Labor Code of the Russian Federation establishes the features of regulating the labor of transport workers. Decree of the Government of the Russian Federation of January 19, 2008 No. 16 approved the List of jobs, professions, positions directly related to driving vehicles or vehicle traffic control (hereinafter referred to as the List of Works).

Employees whose work is directly related to driving vehicles include, in particular, car drivers.

Labor law imposes special requirements on hiring persons whose work is directly related to the movement of vehicles.

So, for example, Art. 328 of the Labor Code of the Russian Federation obliges drivers to undergo professional selection, training and mandatory medical examinations (examinations). The requirement for a medical examination is also contained in Art. 23 of the Federal Law of December 10, 1995 No. 196-FZ “On Road Safety” (as amended on July 19, 2011) and Art. 46 of the Federal Law of November 21, 2011 No. 323-FZ "On the basics of protecting the health of citizens in the Russian Federation".

When employing a driver, in addition to the documents established by Art. 65 of the Labor Code of the Russian Federation, is obliged to present a driver's license for the right to drive a vehicle of the corresponding category, which confirms it vocational training, as well as submit a medical certificate of fitness to perform work related to driving a motor vehicle.

The organization of work of drivers is regulated Regulations on the peculiarities of the working hours and rest time of car drivers(approved by the Order of the Ministry of Transport of Russia dated August 20, 2004 No. 15; hereinafter - the Regulation on the work and rest of drivers).

Note! The Regulations on the work and rest of drivers apply to drivers of organizations of all forms of ownership and departmental affiliation, except for drivers employed in international transportation, as well as those working as part of shift teams with a rotational organization of work (clause 2 of the Regulation on the work and rest of drivers).

DRIVER WORKING TIMES

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

Paragraph 15 of the Regulations on the work and rest of drivers establishes that the working time of drivers includes:

. control time by car;

. special break times from driving on the road and at the final destinations.

Other periods are also included in the driver's working time:

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

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

Parking time at points of loading and unloading of goods, at places of embarkation and disembarkation of passengers, at places where special vehicles are used;

Downtime is not the fault of the driver;

The time of work to eliminate the malfunctions of the serviced vehicle that occurred during operation, which do not require disassembly of the mechanisms, as well as the performance of adjustment work in the field in the absence of technical assistance;

The time of protection of the cargo and the car during parking at the final and intermediate points in the implementation of long-distance transportation if such obligations are provided for by the employment contract (contract) concluded with the driver;

The time of presence at the workplace of the driver when he is not driving a car, when two drivers are sent on a flight;

Time in other cases provided for by law.

DRIVING TIME LIMITS

As a general rule, driving time during daily work (shift) cannot exceed 9 hours.

At the same time, clause 16 of the Regulations on the work and rest of drivers established that in mountainous areas when passengers are transported by buses with an overall length of more than 9.5 m and when transporting heavy, long and bulky goods, the driving time should not be more than 8 hours per day (shift ).

Introduction summarized accounting of working hours suggests that driving time can be increased up to 10 h work per day, but not more than twice a week. At the same time, the total duration of driving for two weeks in a row cannot exceed 90 hours.

In addition, there are special rest breaks.

So, for example, in intercity transportation, after the first three hours of continuous driving, the driver must be given a special break from driving on the road. The duration of such a rest is at least 15 minutes. In the future, such breaks are provided for no more than every two hours.

In the event that the time of the special break coincides with the time of the break for rest and meals, no special break is granted.

Please note that special breaks from driving on the road are included in the driver's working hours.

Other features of the accounting of the working time of drivers include the calculation of the time of cargo protection and working time, when on a long trip to drive a car they send two drivers.

So, the time of protection of the cargo and the car is counted to the driver in working hours in the amount of at least 30%. And when two drivers are sent on a flight, the time the driver is present at the workplace when he is not driving a car is counted as working time in the amount of at least 50%.

Specific standards are established by the employer, taking into account the opinion of the representative body of the employees of the organization.

Note! According to Art. 329 of the Labor Code of the Russian Federation, employees whose work is directly related to driving or driving vehicles are not allowed to work part-time, directly related to driving or driving vehicles.

When determining which employees are not allowed to work part-time, you should be guided by the List of Works.

Dictionary. Irregular working hours is a special mode of operation, according to which individual workers may, by order of the employer, if necessary, be involved in the performance of their labor functions outside the duration of working hours established for them (Article 101 of the Labor Code of the Russian Federation).

IRREGULAR WORKING DAY OF THE CAR DRIVER

For drivers, as for other employees, the normal working hours should not exceed 40 hours per week.

At the same time, for drivers working according to the calendar of a five-day working week, the duration of daily work (shift) should not exceed 8 hours, and for those working according to the calendar of a six-day working week - 7 hours.

However, from this rule there are exceptions. So, for example, in paragraph 14 of the Regulations on the work and rest of drivers it is said that drivers of cars (except for taxi cars) can be set an irregular working day.

At the same time, the number and duration of work shifts are determined based on the normal duration of the working week, and weekly rest days are provided on a general basis.

Often, company executives set irregular working hours for personal drivers, while forgetting that involving drivers to work outside the working hours established for them should be not systematic, but occur from time to time (that is, sporadically) and with sufficient grounds due to production reasons.

In other words, the employer can set an irregular working day for drivers, but only for drivers passenger car and except for taxi drivers. Therefore, this mode is usually set to personal drivers.

An employment contract with a driver may include a condition on irregular working hours, if given profession provided by the list of positions with irregular working hours. Such a list is established by the local regulatory act of the organization 7 .

You can involve a driver who has an irregular working day to work both before the start of the working day and after it ends 8 . At the same time, obtain the consent of the employee to involve him in work in this mode not required. It must be remembered that under this regime, the employee is obliged to come to work by the beginning of the working day, like the rest, and leave work not earlier than the end of the working day. In other words, the rule established in the local act of the employer applies to him, about the time of the beginning and end of the working day, as well as to other employees.

Note! The systematic engagement of an employee to work outside the established hours of work may be considered by the supervisory and control authorities and the judiciary as overtime work, for which appropriate compensation is due.

In accordance with Art. 119 of the Labor Code of the Russian Federation, employees with irregular working hours are provided annual additional paid leave, the duration of which is determined by the collective agreement or the internal labor regulations.

It should be noted that the duration of such leave cannot be less than three calendar days.

SUMMATED RECORDING OF WORKING TIME OF DRIVERS

As follows from Art. 104 of the Labor Code of the Russian Federation, the basis for the introduction of summarized accounting of working hours are working conditions that do not allow observing the daily or weekly working hours established for this category of workers.

In the event that, according to the working conditions for certain categories of workers, the normal working hours cannot be observed, they are established with a summarized accounting of working hours. The duration of the accounting period, as a rule, is one month.

The Labor Code of the Russian Federation provides that the procedure for maintaining a summarized record of working time is established by the internal labor regulations. In turn, the above rules are approved by the employer, taking into account the opinion of the representative body of employees or, upon approval collective agreement, if these rules are attached to it . The internal labor regulations should indicate base for the introduction of summarized accounting of working hours and should be established length of the accounting period 11 .

By the way. Paragraph 8 of the Regulations on the work and rest of drivers provides that for passenger transportation in a resort area in the summer-autumn period and for other transportation related to servicing seasonal work, the accounting period can be set up to six months.

When hiring a new employee for a job, which is carried out according to the rules of the summarized accounting of working hours, he should acquaint with the rules of internal labor regulations against signature. If the summarized accounting of working time is not introduced in the entire organization, but only for certain types of work or certain categories of employees, then the regime of working time and rest time for such employees becomes individual and prerequisite labor contract.

The following wording is possible in the employment contract:

The employee is set a normal working time of 40 hours per week with a summarized account of working time, the accounting period is a month (a quarter, but not more than six months). The procedure for maintaining a summarized record of working time is determined by the internal labor regulations. Shift schedules are communicated to the employee no later than one month before the day they are put into effect.

The summarized accounting of working hours, applied in accordance with the Regulations on the work and rest of drivers, is in fact a special regime of working hours and rest time, based on shift schedules.

shift schedule approved by order of the head, taking into account the opinion of the elected trade union body of the organization, if any, and brought to the attention of employees no later than a month before its entry into force. The duration of work according to the shift schedule cannot exceed the norm of working hours in the accounting period. At the same time, shortfalls to the norm of working hours are also unacceptable.

When drawing up a shift schedule, it should be borne in mind that work for two shifts in a row is prohibited 13.

To form a shift schedule, you can use the form provided for the time sheet ( unified form No. T-12 or No. T-13).

However, to the already existing columns (1-6) it is necessary to add one more column for the signature of each employee. In it, an employee of the organization indicates that he is familiar with the document, affixes the date and signature.

With a shift mode of working time, it is envisaged that days off during the working week are provided according to a staggered schedule.

Thus, the introduction of summarized accounting of working hours for car drivers involves the establishment of:

Duration of the accounting period (one month, in some cases up to six months);

Norms of working hours for the accounting period;

Work schedule.

The expediency of introducing a summarized accounting of working time is confirmed by the fact that under such a working time regime, overtime work is determined by the number of hours outside the accounting period. While in the normal mode, overtime is considered work that the employee performs on the initiative of the employer outside the working day (shift).

In other words, with the summarized accounting of working time, overtime is recognized as work performed at the initiative of the employer in excess of the normal number of working hours for the accounting period.

DOCUMENTATION OF THE DRIVER'S WORKING TIME RECORDING

In accordance with Art. 91 of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. This allows you to control compliance labor discipline, the absence of absenteeism, delays, and also correctly determine wages for the time actually worked.

To record the working hours of drivers are used timesheets(unified form No. T-12 or No. T-13 14).

In cases of introduction of summarized accounting of working hours for drivers, shift schedules are drawn up in advance for the entire accounting period.

This requirement follows from the very concept of the accounting period and the conditions for the legitimacy of its introduction, provided for in Art. 104 of the Labor Code of the Russian Federation and the Regulations on the work and rest of drivers. After all, the employer must be sure that the normal number of working hours is not exceeded during the accounting period, and the employee must make sure that overtime is not included in the schedule, and also be able to correlate his life plans with the load at work.

In addition to the specified documents, the basis for accrual wages the driver is waybill, which is valid for only one day (shift). The exception is cases when the driver's work trip can take more than one day.

The waybill should reflect the date (day, month, year) and time (hours, minutes) of the departure and arrival of the car at 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 establish the duration of the time actually worked by the employee.

Failure to make mandatory notes on the driver's working hours in the waybill can serve as a basis for bringing the employer to administrative responsibility.

For example, in the decision of the Arbitration Court of the Sverdlovsk Region dated March 26, 2009 in case No. A60-8739 / 2009-C6, it was indicated that the time of returning the car to the parking lot was not reflected in the waybill. Based on this, the court concluded that the employer kept records of the drivers' working time and rest time in an improper manner.

It should be borne in mind that the information indicated in the time sheet and the waybill must match. The courts have repeatedly pointed out that the discrepancy in this information does not allow determining the actual length of time worked by the driver.

Responsibility for violations in the accounting of working time

During inspections by regulatory authorities, the lack of a shift schedule at an enterprise or the employee leaving the workplace for two shifts in a row are qualified by labor inspectorates as administrative offenses.

Responsibility for such actions is provided for in Art. 5.27 of the Code of the Russian Federation on administrative offenses(CAO RF):

For officials - in the amount of 1,000 to 5,000 rubles;

For entrepreneurs - from 1,000 to 5,000 rubles. or administrative suspension of activities for up to 90 days;

For legal entities- from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days;

If an official has previously been subjected to administrative punishment under this article, he is threatened with disqualification for a period of one to three years.

Summarizing the above, we note that the accounting of the working hours of drivers whose work is directly related to the movement of vehicles is regulated as Labor Code RF, as well as specially developed regulatory documents.

The above analysis reveals the specific features that need to be taken into account by employees of the personnel departments of organizations in order to life situations take into account the interests of motor vehicle drivers on the basis of compliance with normative documents and labor law requirements.