How to keep track of working hours if, upon the fact of work, they bring waybills for drivers, which indicate that they work 16, 20 hours a day. Worked for 10 days, for example, and left for the weekend. The waybills indicate the time of departure from the garage and arrival at the garage. Can such a waybill serve as a basis for closing the time sheet? In a month, it turns out that some drivers have not finalized, others have reworked. And neither the summarized accounting of working hours will help here, nor the flexible working hours. What can you do to avoid breaking the law? Which agreements are this case suitable for decoration labor relations?

Answer

In accordance with labor legislation, the employer is obliged to keep records of the time actually worked by the driver of the car.

For this, forms are used, which are also the basis for accrual wages employee:

time sheet (forms N T-12 or N T-13, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1);

waybill of a passenger car (form N 3, approved by the Decree of the State Statistics Committee of Russia dated November 28, 1997 N 78).

The employer can independently develop a waybill for a car (letter of the Ministry of Finance of Russia dated 08.25.2009 N 03-03-06 / 2/161). At the same time, this form must contain mandatory details approved by Order of the Ministry of Transport of Russia dated September 18, 2008 N 152, for example, information about the car and driver.

By comparing the information in the waybill and the time sheet, you can determine whether the driver’s working hours and rest time are observed, and also establish the length of time he actually worked.

To do this, it is enough to study the information on the date and time (up to minutes) of the pre-trip and post-trip medical examination of the employee, as well as the time the car left the place of permanent parking and arrival at the specified parking lot. Such information is entered in the waybill in without fail Order of the Ministry of Transport of the Russian Federation of September 18, 2008 N 152 "On the approval of mandatory details and the procedure for filling out waybills".

The time sheet indicates the total duration of the driver's work per day (shift).

When conducting an audit, in the event of a discrepancy between the information in these documents, the employer may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

In addition, the employer can control whether drivers comply with the work and rest regime using a technical control device - a tachograph.

From April 1, 2013, organizations and individual entrepreneurs engaged in activities related to the operation of vehicles are required to equip them with tachographs (paragraph 10, clause 1, article 20 of Law N 196-FZ).

For the absence or faulty condition of the tachograph, the employer may be held administratively liable (part 1 of article 11.23 of the Code of Administrative Offenses of the Russian Federation).

From this date, for driving a vehicle that is not equipped with a tachograph, as well as for violating the regime of work and rest, the driver himself may be brought to administrative responsibility.

For car drivers, shift work can be set. In this case, the employer must draw up shift schedules (Article 103 of the Labor Code of the Russian Federation). They indicate the start time, end time and duration. daily work(shifts), the time of breaks for rest and meals, the time of daily (between shifts) and weekly rest (clause 4 of the Regulations on the peculiarities of the mode of work and rest). The shift mode of work is usually set with the summed accounting of working hours.

Shift schedules are drawn up taking into account the established working hours.

Overtime is work that an employee performs at the initiative of the employer outside the working day (shift), and in the case of establishing a summarized accounting of working time - in excess of the normal number of working hours for the accounting period (part 1 of article 99 of the Labor Code of the Russian Federation).

When engaging an employee to work overtime, it is necessary to follow a certain procedure, which is as follows. The employer must:

Request the written consent of the employee to perform overtime work (part 4 of article 99 of the Labor Code of the Russian Federation). The exception is the cases specified in Part 3 of Art. 99 of the Labor Code of the Russian Federation (works performed to prevent a catastrophe, accident, etc.);

Issue an order for involvement in overtime work;

Keep track of the duration of overtime work (part 7 of article 99 of the Labor Code of the Russian Federation);

Pay for overtime work increased size or provide additional rest time (Article 152 of the Labor Code of the Russian Federation).

It should be borne in mind that the total duration of the working day (shift) of the driver of the car, taking into account overtime work, should not exceed 12 hours (clause 23 of the Regulations on the peculiarities of the working hours and rest time of car drivers, approved by Order of the Ministry of Transport of Russia dated 08.20.2004 N 15; further - Regulations on the peculiarities of the mode of work and rest). However, it can be more than 12 hours if:

It is necessary to complete (finish) the work that has been started, which, due to an unforeseen delay in specifications production could not be performed (completed) during the working hours established for the employee. Moreover, non-fulfillment (non-completion) of this work may lead to damage or destruction of the property of the employer (other persons, organizations) or create a threat to the life and health of people (clause 1, part 2, article 99 of the Labor Code of the Russian Federation);

It is necessary to continue work if the replacement employee does not appear, if the work does not allow a break (clause 3, part 2, article 99 of the Labor Code of the Russian Federation).

The duration of overtime work cannot exceed four hours for each driver for two consecutive days and 120 hours a year (part 6 of article 99 of the Labor Code of the Russian Federation, clause 23 of the Regulations on the peculiarities of the mode of work and rest).

Details in the materials of the System:

Answer: How to organize shift work

Grounds for introducing shift work

The procedure for switching to shift work

In order to switch to shift work, the employer must:

Order on the transition to shift work

Issue an order to switch to shift work at. In it, indicate the positions for which a shift regime is established, the timing and procedure for introducing shift work.

Shift work condition in a local document

When reflecting the conditions for shift work in or, specify:

duration working week;

duration of daily shift, including part-time shift;

start and end time of work;

time of breaks in work;

number of shifts per day;

alternation of working and non-working days.

During shift work, employees work during the established working hours in accordance with the shift schedule. When compiling it, it is necessary to take into account (if it is available in the organization). This is stated in parts and articles 103 Labor Code RF.

When drawing up shift schedules, it is necessary to take into account the following features of the shift mode of operation:

working hours should not exceed the established norm (). At the same time, if a summarized accounting of working hours is introduced in an organization, when determining the normal number of working hours, it is necessary to take into account the features established by the Labor Code of the Russian Federation;

the work shift immediately preceding a non-working holiday is reduced by one hour ();

the shift at night is reduced by one hour without subsequent working off ();

work for two shifts in a row is prohibited ();

weekly uninterrupted rest should not be less than 42 hours ().

standard form shift schedule has not been established. Therefore, the organization has the right to draw up such a document in. The shift schedule can be drawn up as an annex to the local regulatory act establishing the shift nature of work (collective agreement, Rules work schedule etc.), or approved as a separate document of the head of the organization.

To create a correct schedule, you must define an accounting period, such as a month, quarter, or year. Taking into account the number of employees, the amount of work performed and total number shifts per day allocate shifts and . Determine the number of working days (shifts) for the accounting period. Then calculate the total number of shift hours for each employee in the accounting period. Compare the result obtained with the norm of working hours for the accounting period. Based on the comparison, adjust the schedule in terms of the duration of the shifts and their frequency (if necessary).

The employer must communicate the approved shift schedule to each employee no later than one month before its entry into force ().

The shift schedule is a mandatory document for the parties to the employment contract, therefore, the organization does not have the right to engage an employee to work outside the schedule, with the exception of some cases of involvement in overtime work (Article , Labor Code of the Russian Federation).

Attention: make a shift schedule so that work time the employee did not exceed the normal number of hours for this category of persons during the accounting period. That's why overtime work cannot be included in the shift schedule. Determine the hours worked by the employee overtime on the basis of the time sheet (according to the forms, or according to). At the same time, it should be borne in mind that overtime work should not exceed four hours for each employee for two consecutive days and 120 hours a year (part , article 99 of the Labor Code of the Russian Federation).

Accounting for working hours in shift mode

Usually, shift work enter together with the summarized accounting of working hours. It is applied if the duration of work of employees deviates from the established norm of 40 hours per week ().

The maximum duration of a work shift is not established by law (). An exception to this rule are separate categories employees for whom working time during the shift is limited. These include, in particular:

disabled people (the duration of the work shift is set in accordance with the medical report);

A detailed list of employees who have a maximum work shift is given in the Labor Code of the Russian Federation.

Engaging employees to work for two shifts in a row is unacceptable (). If the replacement employee fails to appear, the employer, with the written consent of the employee who worked the shift, may and at the same time is obliged to take measures to replace him. After four hours of work in the second shift, the employee must stop working. This follows from the provisions of Part 2 and Article 99 of the Labor Code of the Russian Federation.

Days off during shift work

In shift work, traditional days off Saturday and Sunday may be included in the shift schedule as working days. In this case, the shift schedule will provide for any other days of the week as days off. This follows from the provisions of Article 111 of the Labor Code of the Russian Federation.

Work on holidays in shift mode

According to the shift schedule, employees can be involved in work on non-working holidays. At the same time, the provision on the transfer of days off does not apply to organizations with a shift mode of operation (Approved Procedure). If the weekends set by the shift schedule coincide with non-working days public holidays, these days off are not transferred to the next business day after the holiday.

For work on a holiday within the monthly norm of time (i.e., if the holiday is a working day according to the shift schedule), the organization must pay the employee an additional payment in the amount of a single daily or hourly rate in excess of the salary ().

Night shift work

If the shift falls at night, then the employer must comply with the requirements of labor legislation on increased wages (
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I.General provisions

1. The regulation on working hours and rest time for car drivers (hereinafter referred to as the Regulation) establishes the specifics of regulating the work and rest of car drivers (hereinafter referred to as drivers) in accordance with labor legislation Russian Federation.

2. The Regulation is a regulatory legal act, which applies to drivers working under an employment agreement (contract) on cars belonging to organizations registered in the Russian Federation, regardless of organizational and legal forms and forms of ownership, departmental subordination (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), entrepreneurs who transport goods and / or passengers on the territory of the Russian Federation for commercial purposes or use cars to meet their own production needs, as well as other persons.

3. The mode of work and rest provided for by this Regulation is mandatory when drawing up the work schedules of drivers. Timetables and schedules for the movement of vehicles in all types of messages should be developed taking into account the norms and requirements of this Regulation.

4. In the case of intercity transportation of goods and passengers, the employer sets the driver a task in time for the movement and parking of the car based on the norms of this Regulation.

II. Work time

1. During working hours, the driver must fulfill his labor obligations in accordance with the terms of the employment agreement (contract), labor schedule or work schedule.

2. Normal working hours for drivers may not exceed 40 hours per week.

3. In those cases when, due to the conditions of production (work), the established daily or weekly working hours cannot be observed, drivers may be assigned a summary record of working hours (as a rule, for a month).

The decision to establish a summarized recording 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 the employment contract or annex to it.

4. With the summarized accounting of working time, the duration of daily work (shift) for drivers can be set no more than 10 hours.

In the case when, during intercity transportation, the driver needs to be given the opportunity to reach the appropriate place of rest, the duration of daily work (shift) can be increased up to 12 hours.

When involved in overtime work, the total duration of daily work (shift) should not exceed 12 hours. Overtime work is applied in the manner prescribed by the legislation of the Russian Federation.

5. Drivers may be assigned irregular working hours.

The decision to establish an irregular working day 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 the employment contract or annex to it.

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

6. The composition of the driver's working time includes:

a) driving time;

b) the time of stops for a short 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 vehicle that occurred during work on the line, as well as 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 in the event that such duties are provided for employment contract(contract) concluded with the driver;

i) the time of the driver's presence at the workplace when he does not drive the car when two drivers are sent on a flight.

j) time in other cases stipulated by the legislation of the Russian Federation.

7. The daily duration of driving during the period of daily work (shift) cannot exceed 9 hours.

In case of summarized accounting of working time, by the decision of the employer, agreed with the relevant elected trade union body or other representative body authorized by employees (and in their absence - with the employee), the daily duration of driving a car can be increased up to 10 hours no more than twice a week. In this case, the total duration of driving for two weeks in a row should not exceed 90 hours.

8. 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 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 driving and parking the car.

9. The composition and duration of the preparatory and final work included in the preparatory and final time, and the time of the medical examination of the driver are established 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 the employment contract or annex to it.

10. The time of protection of the cargo and the car is credited to the driver during working hours in the amount of at least 1/3. The specific duration of the time of protection of the cargo and the car, counted to the driver during working hours, is established 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 the employment contract or annex to it.

If transportation by one car is carried out by two drivers, the time for the protection of the cargo and the car is taken into account in the working time for only one driver. An agreement between the employer and the driver may establish a different procedure for recording parking time with simultaneous protection of the cargo and the car.

11. The time spent at the driver's workplace, when he does not drive a car when two drivers are sent on a flight, 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 does not drive a car when two drivers are sent on a flight, counted as working hours, is established 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 employee, fixed in the employment contract (contract) or annex to it.

III. Time relax

1. Drivers, in accordance with the legislation of the Russian Federation, enjoy the right to:

a) breaks during the work shift for rest and meals;

b) daily rest;

c) weekly rest;

d) rest on holidays;

e) annual paid leave and additional holidays in the manner prescribed by the legislation of the Russian Federation, collective agreement(by agreement).

f) rest in other cases provided for by the legislation of the Russian Federation.

2. Drivers are given a break for rest and meals lasting no more than 2 hours, as a rule, in the middle of the work shift, but no later than, as a rule, 4 hours after the start of work.

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

The specific duration of a break for rest and meals (the total duration of breaks) is established 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 the employment contract (contract) or annex to it.

3. The duration of the daily (inter-shift) 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.

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 can be set not 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 rest time immediately after returning to the place of permanent work.

4. Weekly uninterrupted rest must immediately precede or immediately follow the daily rest, and the total duration of rest, together with the break for rest and meals on the previous day, must be at least 42 hours.

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

6. In the event that drivers, with the summarized accounting of working hours, work shifts lasting more than 10 hours, 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.

7. On holidays, drivers are allowed to work if these days are provided for by shift schedules as working days, in cases where the suspension of work is impossible due to production and technical conditions (continuously operating organizations), at work related to the need to serve the population, and when performing urgent repairs and loading and unloading operations.

With the summarized accounting of working hours, work on holidays according to the schedule is included in the norm of working hours of the accounting period.

"Occupational health and safety at motor transport enterprises and transport shops", 2013, N 3

REGULATION OF WORK OF A CARGO DRIVER

The organization of the work of drivers should ensure:

Accurate work of vehicles;

Safety of cargo transportation;

Full use of the norm of working hours for the accounting period;

Compliance with the length of the working day established by labor legislation, the procedure for providing rest and breaks in work for meals, high labor productivity;

Compliance with the Rules traffic.

The work of a truck driver is carried out according to the following scheme:

Preparatory work performed by the driver before leaving the line and upon return;

Time for pre-trip and post-trip medical examinations;

The transport process, including the movement of the car and loading and unloading operations.

In general, the composition of the driver's working time is as follows:

1. Driving time.

2. Time of special breaks for rest from driving on the way and at the final destinations.

3. Preparatory time for performing 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 and after the end of the shift.

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

5. Parking time at the points of loading and unloading of goods.

6. Downtime through no fault of the driver.

7. The time of work to eliminate the operational malfunctions of the vehicle that occurred during work on the line, as well as the performance of adjustment work in the field in the absence of technical assistance.

8. 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.

9. 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.

10. Time in other cases provided for by the legislation of the Russian Federation.

Drivers are provided with lists (reminders) of phone numbers for the prompt call of a technical assistance vehicle and an on-duty dispatcher of a motor transport company (loading and unloading point), as well as the coordinates of customers - consignors and consignees.

The mode of work and rest of drivers engaged in transportation is established in accordance with the Regulation on the peculiarities of working hours and rest time for car drivers (hereinafter referred to as the Regulation), approved by Order of the Ministry of Transport of Russia dated August 20, 2004 N 15 and registered by the Ministry of Justice of Russia on November 1, 2004. (Reg. N 6094). This Regulation applies to drivers working under an employment agreement (contract) on vehicles belonging to the following vehicles registered in the territory of the Russian Federation:

Organizations, regardless of their organizational and legal forms and forms of ownership, departmental affiliation (with the exception of drivers employed in international transportation, as well as those working as part of shift teams with a shift method of organizing work);

Individual entrepreneurs and other persons carrying out transportation activities on the territory of the Russian Federation.

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

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.

In cases where, due to the conditions of production (work), the established normal daily or weekly working hours cannot be observed, drivers may be assigned a summary record of working hours with a recording period of one month. The decision to establish a summarized recording 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 the employment contract or annex to it.

With the summarized accounting of working time, the duration of daily work (shift) for drivers can be set to no more than 10 hours.

In the case when, during intercity transportation, the driver needs to be given the opportunity to reach 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 foreseen for more than 12 hours, two drivers are sent on a flight. In this case, such a car must be equipped with a sleeping place for the driver to rest. Simultaneous work in the car of two drivers in the absence of the car special place recreation for drivers is prohibited.

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

With the summarized accounting of working time, overtime work during the working day (shift) together with work according to the schedule should not exceed 12 hours, except for the cases provided for in paragraphs 1, 3, part 2 of Art. 99 of the Labor Code of the Russian Federation.

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

Driving time (clause "a" clause 15 of the Regulations) during the period of daily work (shift) cannot exceed 9 hours (except as provided for in clauses 17, 18 of the Regulations), and in mountainous terrain when transportation of heavy, long and oversized cargo- 8 o'clock

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 a car for two consecutive weeks cannot exceed 90 hours.

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 (clause "b", clause 15 of the Regulations) lasting at least 15 minutes, further breaks of such duration are provided no more than every 2 hours. In the event that the time for granting a special break coincides with the time for providing a break for rest and food (paragraph 25 of the Regulations), a special break is not provided.

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 (clause 5 of the Regulations).

The composition and duration of the preparatory and final work included in the preparatory and final time (clause "c" clause 15 of the Regulations), and the duration of the medical examination of the driver (clause "d" clause 15 of the Regulations) are established by the employer, taking into account the opinion of a representative body of employees of the organization.

The time of protection of the cargo and the car (clause "h" clause 15 of the Regulations) is credited to the driver during working hours in the amount of at least 30%. 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 car is carried out by two drivers, the time for guarding the cargo and the car is counted as working time for only one 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 (clauses "and" clause 15 of the Regulations), is counted towards his working time in the amount of at least 50%. The specific duration of the driver's presence at the workplace, when he does not drive 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.

The rest time for drivers is also set in accordance with Sec. V "Rest Time" of the Labor Code of the Russian Federation and sec. III "Rest time" of the Regulations on the peculiarities of working hours and rest time for car drivers, approved by Order of the Ministry of Transport of Russia dated August 20, 2004 N 15.

Drivers are entitled to:

1. Breaks during the work shift.

2. Daily (between shifts) rest.

3. Days off (weekly uninterrupted rest).

4. Non-working holidays.

5. Vacations.

Drivers are provided with a rest and meal break of no more than two hours, usually in the middle of a work shift.

If the daily work (shift) duration of more than 8 hours is established by the shift schedule, 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.

The duration of the daily (inter-shift) 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.

On 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.

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

With the summarized accounting of working time, weekly rest days are set on different days of the week according to shift schedules, while the number of weekly rest days in the current month must be at least the number of full weeks of this month.

In the event that, with the summary accounting of working time, shifts lasting more than 10 hours are established for drivers, the duration of the weekly rest can be reduced, but not less than 29 hours. On average, for the accounting period, the duration of the weekly uninterrupted rest should be at least 42 hours.

On holidays, drivers are allowed to work if these days are provided for by shift schedules as working days, in cases where the suspension of work is impossible due to production and technical conditions (continuously operating organizations), at work related to the need to serve the population, and when performing urgent repairs and loading - unloading works.

With the summarized accounting of working hours, work on holidays according to the schedule is included in the norm of working hours of the accounting period. Work schedules are drawn up for all drivers on a monthly basis for each day or shift with daily and summarized accounting for working hours and are brought to the attention of drivers two weeks before they are put into effect. They set the start, finish and duration of daily work, the time of breaks for rest and meals, as well as the time provided for inter-shift and weekly rest. The schedule of work (shift) of drivers is approved by the administration of the motor transport enterprise. The driver must be informed about the change in the work schedule at least one day before the start of work.

The motor transport enterprise is obliged to ensure the minimum, within the established norms, the time spent on preparing vehicles for departure, and issuing travel documentation.

The department of operation of a motor transport enterprise that performs freight transportation, in order to ensure the safety of vehicle traffic, carries out:

1. Pre-trip and post-trip medical examinations of drivers with a mandatory note about their conduct in the waybill.

2. Providing drivers before leaving for a flight with a recommended timetable and a route map indicating dangerous places.

3. Analysis of the performance of all scheduled flights.

4. Regular checks of driver's licenses and daily informing drivers when leaving for a flight about the weather and travel conditions (fog, ice, etc.) with a mandatory note in the waybill.

5. Establishing reduced speeds, and, if necessary, stopping traffic if road or meteorological conditions (destruction pavement, ice, heavy snow, fog, drifts, etc.) pose a threat to the safety of cargo transportation.

6. Control over the mode of work and rest of drivers.

7. Establishment of a working regime and a place of rest along the route when sending drivers on one-time long-distance flights or business trips.

8. Monitoring the operation of the rolling stock on the line, the observance by drivers of the Rules of the Road.

9. Medical re-examination of drivers on time.

10. Taking the necessary measures to comply with the established norms of carrying capacity, not exceeding the total carrying capacity vehicle specified in technical specification car of this brand.

Forms of labor organization of drivers, used depending on the nature of cargo flows, length of routes and mode of operation:

1. The work of drivers is organized according to the individual or team method of labor organization. Brigades of drivers are created on the principle of serviced objects by combining drivers involved in the export of products from manufacturers, railway stations, trade and intermediary enterprises, etc. The brigade is led by a foreman. The composition of the brigade and the number of rolling stock assigned to it are determined based on the volume and nature of transportation, as well as the mode of operation of cargo handling points.

2. On regular intercity routes, the following systems organization of work of drivers:

Single driving - one driver works in the car during the entire turn on the route. It is used, as a rule, on routes where the turnover of the car is made during the work shift of the driver;

Shift driving - the car is serviced by a team of drivers, the change of which is carried out at the borders of adjacent sections, established at the locations of motor transport enterprises or other settlements. Each driver works in one car on a certain section of the route. It is used on routes with a length of more than 250 km;

Shift-group driving - a team of drivers is assigned to several cars, each driver works for different cars, but on a certain section of the route. It is used on routes with a length of more than 250 km.

For continuous recording of the distance traveled and the speed of movement, the time of work and rest of the driver, tachographs are installed on freight vehicles.

The rules for the use of tachographs in road transport in the Russian Federation were approved by Order of the Minister of Transport of the Russian Federation of 07.07.1998 N 86. They were developed and put into effect in order to implement the Decree of the Government of the Russian Federation of 08.03.1996 N 922 "On improving the safety of long-distance and international transportation of passengers and goods by road", which provided for the equipment of newly manufactured trucks with gross weight over 15 tons, intended for long-distance and international transportation, by tachographs from January 1, 1998

Tachographs used on trucks intended for long-distance and international transport must comply with the requirements of the European Agreement concerning the work of crews of vehicles engaged in international road transport. In connection with the installation of tachographs on vehicles, drivers and management of transport organizations have a number of additional responsibilities.

The Ministry of Transport of Russia By order of December 18, 2003 N AK-20-r approved the Standard " Technical requirements to digital tachographs used in road transport during transportation through the territory of the Russian Federation.

Order of the Ministry of Transport of the Russian Federation (Ministry of Transport of Russia) dated December 14, 2011 N 319 approved the Procedure for equipping vehicles in operation, technical means control over the observance by drivers of the regimes of movement, work and rest. The procedure applies to vehicle owners, regardless of whether they own vehicles or use them on other legal grounds (hereinafter referred to as vehicle owners) in order to improve the safety of transportation of passengers and goods by road, protect the life and health of citizens, strengthen control over observance by drivers of the established work and rest regimes.

The table shows the obligations of drivers and vehicle owners for the use of tachographs in accordance with the rules.

Responsibilities of drivers

Responsibilities of the transport organizations

1. Ensuring correct operation tachograph, its timely activation and switching the tachograph knobs to corresponding modes of operation. 2. Timely installation, replacement and proper completion of registration sheets, as well as providing them safety. 3. Use of registration sheets every day that he has been driving since the moment of its acceptance. 4. If the tachograph fails, maintenance records of the regime of work and rest on the back your registration sheet by hand with using a mesh applied to it with relevant graphic designations and information about it transport organization. 5. Presence and presentation for control employees of the inspection bodies completed registration sheets for current week and last day the previous week, during which he drove the transport means. 6. Empowering employees inspection bodies to produce control of the list of stamps and installed on tachograph plates with its parameters settings

1. Issue to drivers enough registration sheets established pattern, suitable for use in tachograph, which is equipped vehicle, having while keeping in mind the personal nature of registration 2. Storage of filled driver for at least than 12 months from the date last entry and test certificates tachographs for 3 years from the moment they are issued. 3. Data analysis in registration sheets and case of violations taking measures to stop them. 4. Presentation of completed registration sheets of each driver to control employees of the inspectors 5. Ensuring serviceable tachographs installed on vehicles

Decree of the Ministry of Labor of Russia of November 10, 1992 N 31 (as amended on August 4, 2000) as part of the tariff and qualification characteristics for industry-wide professions of workers, characteristics for car drivers of 4-6 categories were approved.

So, the driver of a truck of the 4th category performs the following work:

1. Driving trucks (road trains) of all types with a carrying capacity of up to 10 tons (road trains - according to the total carrying capacity of the car and trailer).

3. Checking the technical condition and receiving the car before leaving the line, handing it over and putting it in the allotted place upon returning to the vehicle fleet (transport organization).

4. Submission of vehicles for loading and unloading of goods and control over the loading, placement and securing of cargo in the car body.

5. Elimination of minor malfunctions that have arisen during work on the line that do not require disassembly of the mechanisms.

6. Registration of travel documents.

7. Performance of the whole complex of works on repair and maintenance of a controlled vehicle (in the absence of a specialized service in the organization Maintenance cars. At the same time, it is charged one category higher).

The work of the driver of a car of the 5th category is as follows:

1. Driving trucks (road trains) of all types with a carrying capacity of more than 10 to 40 tons (by road train - according to the total carrying capacity of the car and trailer).

2. Elimination of operational malfunctions of the serviced vehicle that occurred during work on the line and do not require disassembly of the mechanisms.

3. Implementation of adjustment work in the field in the absence of technical assistance.

4. Performance of the whole range of works on repair and maintenance of a controlled vehicle (in the absence of a specialized car maintenance service in the organization. At the same time, it is charged one category higher).

The driver is assigned the 6th category if he drives trucks (road trains) of all types with a carrying capacity of more than 40 tons (road trains - according to the total carrying capacity of the car and trailer).

The driver must know:

1. Purpose, device, principle of operation and operation of units, mechanisms and instruments of serviced vehicles.

2. Rules of the road and technical operation cars.

3. Causes, methods for detecting and eliminating faults that have arisen during the operation of the car.

4. The procedure for maintenance and the rules for storing cars in garages and open parking lots.

5. Rules of operation batteries and car tires.

6. Rules for running in new cars and after major repairs.

7. Rules for the carriage of goods, including perishable and dangerous.

8. Influence weather conditions on driving safety.

9. Ways to prevent traffic accidents.

10. The device of the radio installation and composters.

11. Rules for submitting vehicles for loading and unloading.

12. Rules for filling out primary documents for accounting for the operation of a serviced vehicle.

If the driver is transporting dangerous goods, then he needs to know:

1. General requirements requirements for the transport of dangerous goods and their responsibilities.

2. The main types of danger.

3. Preventive measures and security measures appropriate various types danger.

4. Measures taken after the accident (first aid, road safety, basic knowledge of the use of protective equipment, etc.).

5. Signs and markings to indicate danger.

6. Appointment technical equipment vehicle and control.

7. Behavior of a vehicle with tanks or tank containers during movement, including the movement of cargo.

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 duties in accordance with the terms of the employment contract, the internal labor regulations of the organization and the work (shift) schedule. 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 cars(except for taxi cars), as well as drivers of vehicles of expeditions and survey parties engaged in geological exploration, topographic and geodetic and survey work in the field, an irregular working day may be established.

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 car is carried out by two drivers, the time for guarding the cargo and the car 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 time, overtime work during a working day (shift) together with work according to the schedule should not exceed 12 hours, except for the 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 the 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. The work of drivers on non-working holidays is allowed in cases provided for in Article 112 of the Labor Code of the Russian Federation. With the summarized accounting of working hours, 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.

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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.