What is included in the working day of the driver of the car. Compliance with the regime of work and rest of drivers. Regulations on driver's working hours

Bus drivers are workers whose work has its own specific characteristics. Additional stress is due to the fact that the driver is driving a vehicle that carries a potential danger. The driver constantly suffers from environmental influences. The most dangerous factor is tension, both physical and mental.

The head is responsible for compiling the appropriate. The document is compiled monthly, separately for each of the created shifts. Sometimes separate registration of days is required. The employer is responsible in this case for the installation of:

the moment when the performance of duties begins
destination and time
shift depending on duration
break when drivers just rest, eat
rest for every day and every week

When drawing up schedules, it is necessary to take into account the mode in which the organization as a whole operates. As a basis, time accounting is taken according to a daily or summarized scheme. A separate task is formed for those who are sent on long-distance flights.

About working hours of drivers

The main thing is that the regime should comply with the norms established in the legislation. The Ministry of Transport issued a separate regulation in 2004 which is responsible for regulating most matters in this area. This provision applies to all drivers.

The text of the Regulation gives a definition - this is the length of the day during which drivers cope with their direct duties specified in the original employment contract. In addition, individual items by position can be described in the work schedule and internal regulations adopted in a particular organization. In the Regulation there is a description not only of the main time, but also of other regimes, features:

Presence in the car, but not control of it. This usually happens when two people are sent on a shift or flight at once.
Protection of cargo and passengers during long stops.
Carrying out work related to the elimination of faults that have arisen at the present time, and with adjustment. Only moments when it is not required to completely disassemble any mechanism are taken into account.
Downtime for which the driver is not personally to blame.
Stops where passengers are boarding or disembarking.
Medical examinations when the journey starts or ends.
Additional work, either during the trip or after the end.
Breaks for rest, both at the final points and along the way.

The maximum allowable normal working time is 40 hours per week. Every day a person can drive a car continuously for no more than 9 hours. The shift is reduced only if something large or dangerous is being transported.

Time can be taken into account summed up if a specific category of drivers does not allow the application of general and standard rules. In this case, 30 days is the optimal length of the reporting period. At the same time, it is permissible to increase shifts every day up to 10 hours. But this can be done no more than twice a week. The main thing is that in total the driver continuously drives the car for no more than 90 hours.

12-hour shifts can legally be introduced for those who work on regular commuter and urban routes. This decision of the employer will be legal. The manager himself must take into account these features when drawing up a document. For each driver, a shift or daytime paperwork is required. Documents are brought to the attention of the employees themselves a maximum of a month before they come into force.

It is also permissible for drivers to carry out the so-called,. But accounting for the summarized type involves the introduction of shifts of no more than 12 hours, with the exception of cases that are directly indicated by the legislation:

Performing duties that cannot be completed earlier than the designated time for one reason or another, and if refusal to work can lead to damage to property or other types of harm.
If it is necessary to continue to do what another employee who did not appear for his shift should have decided.

But the manager must do everything possible to ensure that shift workers still change as often as possible.

About rest time

During the entire working week, the break must be at least 42 hours. But in each case, the conditions are assigned individually, taking into account the opinions of the representatives. In this case, the manager and the employee must come to an agreement with each other.

Article 11 of the Labor Code of the Russian Federation says that every employee has the right to receive a day off. If the week is five days, then there will be two days off. With a six-day period, at least one day off is required. If summarized accounting is used, then the rest time is set individually. The main thing is that there should be no less days off than full weeks in a month. To attract a driver to work on a day off, it is necessary to draw up a separate one, and obtain a separate consent from the second party.

Do not leave aside the vacation every year, paid by management. In this case, they rely on general legislative norms, and give the standard 18 days to rest, no less. The working conditions of many drivers are harmful and dangerous, which contributes to the entitlement to additional rest time.

About irregular working days

The 40-hour work week is the norm in most jobs. This applies to all categories of employees, including those who drive buses.

A five-day week involves the use of eight-hour shifts, and a six-day week involves seven-hour shifts. But every rule has exceptions. Irregular working days are also possible if absolutely necessary. The mode is set on the basis of data on the normal duration of the working week. for each week is drawn up based on general provisions.

Personal drivers often work in non-standard mode. Their leaders forget that such behavior is possible, but not systematic, and decisions of this kind are made only from time to time. In addition, it is important that there are serious reasons due to working conditions.

The condition for an irregular day may be contained in the employment contract itself. The local normative act of the organization in general should separately list those for whom such days are possible.

Additional drivers with an irregular schedule can be involved both before the start of work and after it ends. In this mode, consent from the other party is not required. Such employees appear at their place at the same time as the rest, and leave the place no earlier than the end of their duties. They are subject to separate rules specified in local acts.

If irregular working days have become systematic, then the inspection bodies may consider them as overtime work. What are additional types of compensation for? Such employees can also count on receiving additional paid leave every year.

On the procedure for maintaining summarized accounting

The reason for the application is precisely the inability to use a standard schedule intended for representatives of a particular profession. Most often, in such situations, accounting periods equal to one month are set.

The internal labor regulations regulate the very organization of the summarized time recording at a particular enterprise. These rules are set personally by the leader. This is done when approving a collective labor agreement, or with the obligatory consideration of the opinion of representatives of the trade union body. In the internal schedule, it is imperative to write about the reason why the summarized time recording is organized.

Be sure to indicate how long the accounting period is. Accounting periods can be up to six months, if we are talking about work performed seasonally.

Employees must be familiarized with the internal rules when they are hired by an enterprise operating on summarized accounting. Sometimes the summarized account becomes individual. This means that it is not valid for everyone, but for certain categories of employees.

About other features of registration of summarized accounting

The order of the head is needed in order to separately establish a shift schedule. It is unacceptable when the working day in duration violates the norm established in one direction or another. At the same time, the situation when the same employee works for two shifts in a row is unacceptable.

The shift schedule is generated using the form that is used for the time sheet. We are talking about unified forms of T-12 or T-13.

These documents have columns that are indicated by numbers from 1 to 6. In the case of drivers, one more must be added to them, in which each employee signs. So they will confirm that they are familiar with and with the documents themselves.

If the mode is changeable, then the rest time is often presented with the so-called sliding schedule. The following parameters are supposed to be set when using summary accounting:

The standard of working hours in the accounting period.
The duration of the accounting period.

When accounting is carried out precisely summarized, overtime work is determined depending on the hours that fall outside the reporting period. If the regime is normal, it is considered that overtime is the performance of additional duties outside the normal schedule at the initiative of the manager.

Information about medical examinations

And checks managers require from drivers not only personal certificates. A medical certificate is required confirming the suitability of a person for a particular type of work.

Periodic medical examinations are also carried out in the future, when drivers are already starting work. Here are some basic recommendations:

Under-trip inspections are carried out to identify individuals who cannot drive at all and are not able to ensure safety while driving on the road.
Pre-trip activities are available only to licensed doctors.

Stamps are usually placed on waybills.

Once every five years, bus drivers are examined by a psychiatrist, because they operate equipment that can cause serious harm to others. Preliminary and periodic studies are organized at the expense of employers. Managers not only organize the process, they themselves, if necessary, participate in activities to improve first aid skills on the roads.

About daily accounting and division

This scheme assumes that the driver works a standard time of 40 hours in one week. The rules are standard, and have already been described above more than once. carried out using standardized forms.

Some drivers have working hours divided into two parts. In this case, no more than five hours should elapse after the start of the usual performance of duties, before the appointment of rest. The maximum break can be three hours. Rest and meals are not included in this period.

Tachographs are special devices that are needed to control rest along with work. Violation of the regimes leads to administrative fines, from 1 to 3 thousand rubles.

The legislation says that when working related to driving, it becomes an unacceptable scheme. But some drivers can set irregular working days. Be sure to take into account the opinion of those who represent the trade union elected body. Employers should only provide safe working conditions that do not have an additional negative impact on the life and health of subordinates.

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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 of the Federal Law of December 30, 2001 No. 197-FZ "Labor Code of the Russian Federation" * (hereinafter referred to as 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 shift teams with a shift method of organizing 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, to 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 hours and rest time of the driver of the car, provided for by the Regulations, are mandatory when drawing up work schedules (shifts) of 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 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 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 who carry out transportation for healthcare institutions, public utilities, telegraph, telephone and postal services, emergency services, technological (intra-facility, intra-factory and intra-quarry) transportation without access to public roads, streets of cities and other settlements, transportation to service cars when servicing public authorities and local governments, heads of organizations, the duration of daily work (shift) can be increased to 12 hours if the total driving time 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 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 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 question - the mode of work and rest of truck drivers according to the tachograph in 2019 - is currently strictly regulated by modern legislation.

Truck drivers who own a car or company executives receive fines for the lack of modern tachographs in vehicles.

These are special devices designed to control the driver's work mode. Also, a fine can be awarded for violation of the established work and rest regime.

Despite this state of affairs, not all drivers are fully aware of what constitutes the correct mode of driving and resting drivers.

In this article, you can familiarize yourself with the main provisions of the regime of working hours and rest for truck drivers.

You can study the relevant information according to different situations. All of them are regulated by such a document as the order of the Ministry of Transport 15, the mode of work and rest of drivers.

The total amount of working time for a truck driver is made up of the following important time periods:

The items presented to the attention are evidence that the driver during the work shift cannot be busy with driving alone.

If a truck driver has a standard 8-hour working day, the 8 hours include all pre-trip, post-trip medical checkups, lunch and rest times, and so on.

If some companies hiring drivers make it a rule to take a break at the expense of lunch time, this is illegal.

Particular attention should be paid to the time spent on the protection of the transported cargo.. During working hours, it may not be fully credited, but not less than 30%.

If the driver is at the workplace, but does not drive the car, the hours may also not be fully counted, but not less than 50%.

Such important nuances must be taken into account in order to avoid charging a fine.

The most important thing is to make sure that all special and dubious issues and moments are included in the work and rest schedule of the driver of the international operator and ordinary urban freight transport.

Initially, it should be noted that well-thought-out work schedules should be drawn up for all truck drivers.

These are special schemes for hours of work, which are drawn up by company leaders and brought to the attention of each driver.

In such schedules, which are drawn up for a month, all working days must necessarily be reflected and strictly indicating the beginning and end of the working day or shift.

The time for a break for lunch or another type of meal is indicated, as well as the days of the legal weekly rest.

For truck drivers working in modern companies, there are two types and categories of working hours:

Daily accounting of working time, that is, a long working day, which is within the limits established by law.
The total accounting of the total working time. We are talking about the duration of working days, which may vary slightly. The established longer days, which for some reason do not fit into the accepted norms, as well as the total number of hours of working time, must be strictly within the norm.

Each of the listed types and categories of distribution of working time should be considered in more detail. This will help to understand the features of the development of rest and working time, depending on numerous concomitant factors.

Daily recording of the driver's work time is simple.

On average, an employee is required to work a regular 40-hour week.

If the company has adopted a 5-day regime, the duration of one day should not exceed 8 hours, if the working week consists of 6 days, each working day lasts no more than 7 hours.

As noted above, not only the time of driving a car is taken into account, but a large number of other points.

Summary Accounting

Summarized work time accounting is a more complex scheme. With this scheme, the employee's working time is calculated not for one working day, for the whole month or even a season.

The reporting time can be increased if, for some reason, the weekly and daily long working hours established by labor legislation cannot be observed.

It is in this case that a special summarized accounting of working hours with an average duration of one month is applied.

The summary form of accounting for total working time can be introduced by the employer, taking into account the opinions of all representative bodies of employees.

It provides for its own features, in which the duration of the working day can reach 10 or 12 hours. This applies to intercity freight traffic to provide drivers with the opportunity to rest on the flight.

In addition, the rules apply to drivers who carry out freight transportation to institutions of various city services, health care, to postal and telephone facilities.

As mentioned a little above, the working time of a driver who is engaged in cargo transportation does not only apply to driving a car. It only takes a certain part of the day.

This distribution may be different, but should not exceed 9 hours. If transportation is carried out in difficult mountainous terrain or on a large vehicle, the maximum driving time cannot exceed 8 hours.

The regulation on the peculiarities of the regime of working hours and rest of drivers provides for two situations in which the total driving time increases:

Up to 10 hours with a special total accounting of working hours. This increase is permissible no more than 2 times a week. In addition, the head of the company is obliged to ensure that the driver does not accumulate more than 90 hours of working time per week.
In the process of driving trucks on urban and suburban routes, a summarized accounting of driving time is acceptable.

Based on this, truck drivers may have the busiest working days during the week.. When carrying out simple work, the upper time may not be set, that is, with the total time of the working day, it can take up to 11 hours to drive a car.

If we talk about the legal rest of drivers during the working day, then it can consist of such components as:

Break for meals and lunch break.
Inter-shift or daily rest.
Continuous weekly holiday.

For each type of recreation, individual standards can be set.. Each of them is worth exploring in more detail.

Break for rest and eating

The break time for proper rest and for eating can vary from 30 minutes to 2 hours. It all depends on the working hours.

With a working day of more than 8 hours, a truck driver can be given 2 hours for a lunch break.

Inter-shift break

In the process of standard accounting, the time of a long daily rest can be twice the total duration of the work shift. It is worth noting that the time of everyday rest also includes the time allotted for lunch.

For example, if a driver works from 8 a.m. to 5 p.m. on a normal working day and has an hour of lunch break, the break between shifts must be at least 15 hours. If the company has a 7-hour day, the next shift may start about 2 hours earlier.

When summarized, the duration of the rest between shifts should not be less than 12 hours. Labor legislation provides for some exceptions, due to which the total time between shifts of rest can be reduced.

Here are some of them:

Up to 9 hours when working on urban or suburban freight transport. After the end of the second shift, the employee must be given a rest between shifts of 48 hours.
Up to 11 hours for intercity transportation. Approximately three times a week, this time can be reduced to 9 hours. In this case, the driver is granted additional rest until the end of next week. Its duration should be equal to the number of hours lost.

In some situations, international transportation may provide for a broken rest between shifts.

It can be divided into parts. In this case, one is at least 8 hours, and the total time should be 12 hours.

Continuous weekly rest

This form of rest should last 42 hours, no less. This type of rest cannot be included in the separately calculated inter-shift rest.

With a normal 5-day week, the total long day off should be at least 57 hours - 42 + 15.

If the work schedule is summarized, days off can be scheduled on a variety of days. Quite often, physiological and hygienic bases are taken into account.

Conclusion

All the calculations of work and rest for truck drivers presented to your attention are established on the basis of labor legislation. To monitor compliance with such conditions, it is required to use special devices - tachographs.

For violation of the working regime in Russia, an administrative fine is provided for violation of the regime of work and rest of the driver. Its average size is 1000-3000 rubles.

Such tachographs must necessarily be equipped with cargo vehicles that belong to individual entrepreneurs, legal entities, those who are engaged in transportation.

The adopted legislation on the distribution of labor does not apply to owners of personal cars who are engaged in cargo transportation in private.

Despite the fact that there are no penalties for processing in this case, it is necessary to rest. Excessive fatigue can lead to dangerous situations on the road.

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2 Comments

Opened by I.P. for cargo transportation.

I have a question, today, according to the rules of Europe, it is provided for at the international, 9 hours of rest twice and between them there must be one rest of 11 hours, this is true, since the taxographer allows you to do three times for 9 hours of rest, but the police in France fine for the wrong time...

The profession of a driver is related to the management of motor vehicles and, consequently, road safety. 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 features 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 limit the application of general rules or provide additional rules for certain categories of workers.

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 dated 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 appropriate category, which confirms his professional training, as well as submit a medical certificate of fitness for 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 drivers' working time 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.

Vocabulary. Irregular working hours- this is a special mode of work, in accordance with which individual employees can, by order of the employer, if necessary, be involved in the performance of their labor functions outside the 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, there are exceptions to this rule. So, for example, paragraph 14 of the Regulations on the work and rest of drivers says 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 length 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, an employer can set an irregular working day for drivers, but only for car drivers and with the exception of 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 this profession is provided for in 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, it is not required to obtain the consent of the employee to involve him in work in this mode. 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.

If, 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 when approving a collective agreement, if these rules are an annex 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 an individual and mandatory condition of the employment contract.

The following wording is possible in an 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 with labor discipline, the absence of absenteeism, lateness, 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 these documents, the basis for calculating wages for 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 RF Code of 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 both by the Labor Code of the Russian Federation and specially developed regulatory documents.

The above analysis reveals the specific features that must be taken into account by employees of the personnel services of organizations in order to take into account the interests of drivers of vehicles in difficult life situations on the basis of compliance with regulatory documents and labor law requirements.

Appendix
to the order of the Ministry of Transport of the Russian Federation
dated August 20, 2004 N 15

Position
about the peculiarities of the working hours and rest time of car drivers

With changes and additions from:

I. General provisions

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 of the Federal Law of December 30, 2001 N 197-FZ "Labor Code of the Russian Federation" (hereinafter referred to as the Labor Code of the Russian Federation) .

2. This Regulation establishes the peculiarities of the working hours and rest time of drivers (with the exception of drivers engaged in international transportation, drivers of fire and rescue vehicles, as well as those working as part of rotational teams with a rotational organization of work) working under an employment contract for vehicles owned by organizations registered in the Russian Federation, regardless of their organizational and legal forms and forms of ownership, departmental affiliation, individual entrepreneurs and other persons engaged in transportation activities in the territory of the Russian Federation (hereinafter referred to as drivers).

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 cases provided for by the Regulations, the employer establishes the specifics of the working hours and rest periods for 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 regime of working time and rest time, 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) when performing regular transportation in urban and suburban traffic are compiled by the employer for all drivers for each calendar month with daily or summarized accounting for working hours. Work (shift) schedules establish working days indicating the start and end times of daily work (shift), breaks for rest and meals in each shift, as well as days of weekly rest. Work (shift) schedules are approved by the employer, taking into account the opinion of the representative body of employees and are brought to the attention of drivers.

II. Work time

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

8. In cases where, due to the conditions of production (work), the established normal daily or weekly working hours cannot be observed, drivers are assigned a summary record of working hours with a recording period of one month. The duration of the accounting period may be extended up to three months in agreement with the elected body of the primary trade union organization, and in its absence - with another representative body of workers.

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.

10. In the event that, when performing long-distance transportation, the driver must be given the opportunity to reach the appropriate place of rest, the duration of daily work (shift) can be increased to 12 hours, provided that the driving time provided for in paragraphs 16 and these Regulations is not exceeded.

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

12. Drivers carrying out transportation for healthcare facilities, public utility organizations, telegraph, telephone and postal services, broadcasters of all-Russian mandatory public television channels and radio channels, a telecom operator performing on-air digital terrestrial broadcasting of all-Russian mandatory public television channels and radio channels, emergency services, technological (intra-object , intra-factory and intra-quarry) transportation without access to public roads, streets of cities and other settlements, transportation in official cars when serving state authorities and local governments, heads of organizations, as well as transportation in cash collection vehicles, 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 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 established no later than five hours after the start of work.

If a break between two parts of the working day is established later than four hours after the start of the working day, bus drivers working on regular city, suburban bus routes are provided with special breaks to rest from driving on the road for at least 15 minutes in the period before the break between two parts of the working day.

The break time between two parts of the working day for drivers working on regular urban, suburban bus routes can be increased to three hours based on an industry agreement concluded at the regional level of social partnership, a local regulatory act of the employer and with the consent of the driver.

The break between the two parts of the shift is provided in the places provided for by the timetable and providing the opportunity for the driver to use the rest time at his own discretion.

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

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.

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;

d) the time of the medical examination of the driver before leaving the line (pre-trip) and after returning from the line (post-trip), as well as the time of travel from the workplace to the place of medical examination and back;

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;

i) the time of the driver's presence at the workplace when he is not driving a car, when two or more 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 for in paragraphs 17 of the Regulations), and in mountainous areas when passengers are transported by buses of overall over 9.5 meters in length and when transporting heavy, long and bulky cargo can not exceed 8 hours.

18. In the case of summarized recording of working hours for bus drivers carrying out transportation in urban and suburban traffic, it is allowed to introduce a summarized recording of driving time.

19. Not later than after four hours of driving, the driver is obliged to take a special break to rest from driving on the road (subparagraph "b" of paragraph 15 of the Regulations) with a duration of 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).

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

22. The time of presence at the workplace of a driver carrying out intercity transportation, when he is not driving a car, when two or more drivers are sent on a flight (subparagraph "and" paragraph 15 of the Regulations) is counted to him in working hours 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 or more 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

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, 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 rest and meal break of no more than two hours and no less than 30 minutes, as a rule, in the middle of a work shift.

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

With the summarized accounting of working time on regular transportation in urban and suburban traffic, the duration of daily (between shifts) rest can be reduced from 12 hours by no more than three hours, taking into account the remoteness of the employee’s place of rest, with the provision of daily (between shifts) rest of at least 48 hours immediately after the end of the work shift following the reduced daily (between shifts) rest, at the written request of the employee, in agreement with the elected body of the primary trade union organization, and in its absence, with another representative body of workers.

On long-distance transportation, with a summarized accounting of working time, the duration of daily (inter-shift) rest at points of intermediate stops or parking cannot be less than 11 hours. This rest can be reduced to nine hours no more than three times within one week, provided that by the end of the next week he is given additional rest, which must be equal in total to the time of the reduced daily (between shifts) rest. On days when the duration of the rest is not reduced, it may be divided into two or three separate periods within 24 hours, one of which must be at least eight hours in a row. In this case, the duration of rest is increased to at least 12 hours. If the car was driven by at least two drivers every 30 hours, each driver was required to have a rest period of at least eight consecutive hours.

28. 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 by the order of the employer and taking into account the opinion of the representative body of employees.

29. The work of drivers on non-working holidays is allowed in cases provided for in Article 113 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.

_____________________________

* Collection of Legislation of the Russian Federation, 2002, N 1 (part I), art. 3.

** Collection of Legislation of the Russian Federation, 1993, N 47, art. 4531; 1996, N 3, Art. 184; 1998, N 45, Art. 5521; 2000, No. 18, art. 1985; 2001, N 11, art. 1029; 2002, N 9, Art. 931; No. 27, art. 2693; 2003, No. 20, Art. 1899; No. 40, Art. 3891; 2005, N 52 (part 3), Art. 5733; 2006, N 11, Art. 1179; 2008, No. 8, Art. 741; No. 17, art. 1882; 2009, N 2, art. 233; No. 5, art. 610; 2010, N 9, Art. 976; No. 20, art. 2471; 2011, N 42, Art. 5922; 2012, N 1, art. 154; No. 15, Art. 1780; No. 30, art. 4289; No. 47, Art. 6505; 2013, N 5, Art. 371, Art. 404; No. 24, art. 2999, No. 29, Art. 3966; N 31, art. 4218, No. 41, Art. 5194; N 52 (part 2), Art. 7173.

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