Often, for some reason, it is simply impossible to draw up a regular employment contract. The solution in this case may be to draw up a contract agreement.

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Often such relationships are formed simply with the driver. It is important to note that this type of agreement has many features.

Primarily related to the payment of taxes on income received in this way. It's worth familiarizing yourself with them first.

This will prevent many difficult situations. Including when a fine is imposed. Today, legislation covers in detail the issue of contract agreements.

It is necessary to familiarize yourself with such standards in advance. Judicial practice regarding contract agreements is quite complicated. Therefore, you need to work out all problematic situations in advance.

Basics

Drivers are required in almost all organizations without any exceptions. That is why permanent, long-term employment contracts are often concluded with such employees.

But often there is no need to have a permanent employee on staff. In this case, an excellent solution would be to form a contract.

Such a document allows you to simultaneously solve several different problems at once. Including the issue of formalizing the relationship between employee and employer.

The question often arises: is it possible to hire a driver under a contract? The legislation does not directly prohibit such decisions on personnel issues.

But at the same time it is not allowed to replace the usual contract labor agreement contract Especially when cooperation is carried out with an individual on an ongoing basis.

Sometimes it happens that companies operate machines on the basis of this agreement all drivers.

What is it

The contract itself is a standard agreement regulating the relationship between the customer and the performer of any services or work.

It is important to note that the list of services provided and the format of cooperation in each case is regulated on an individual basis.

All the subtleties will need to be sorted out in advance. The contract itself simultaneously allows you to solve an extensive list of various tasks:

Today there are quite a lot of different subtleties and features that are directly related to the preparation of a contract.

It is very important to remember that it is not always allowed to use one. For example, in a number of cases, in order to continuously provide services to an individual, it will be necessary to register an individual entrepreneur.

IN otherwise the use of this agreement will simply be punishable by a fine of some size.

Parties to the agreement

The conclusion of a contract under the Civil Code of the Russian Federation is permitted for various persons. But it is important to note that the formation procedure itself is standard, depending on legal status customer, performer.

At the moment, such relationships can take place between:

• legal entities;
• individuals;
• individual entrepreneurs.

Most often, a contract for contract work is formed between legal entities.

For example, one of the companies is engaged in transportation and hires drivers for individual flights. The second company acts as a customer.

In this case, drivers can be hired on the basis of a contract agreement for a certain period to perform a specific task.

Individuals as such also have the right to such relationships within the framework of a contract. But it is important to note that the exception is the systematic conduct of activities.

If this occurs, the citizen will need to register an individual entrepreneur. Otherwise, a fairly serious fine will be imposed.

In turn, there are no restrictions for individual entrepreneurs when providing services in this way.

Another possible participant in the contract is state and various municipal bodies.

The possibility of state participation in such relationships is legally defined. But again, it is worth noting that a contract of this type has some distinctive features.

Again, it is best to familiarize yourself with all of them in advance. This will prevent many problems and difficulties. The drafting of an agreement with the state is separately covered in the Civil Code of the Russian Federation.

Current standards

All the main legal points regarding the contract are covered in separate section legislation.

This is Chapter No. 37 of the Civil Code of the Russian Federation. It includes an extensive set of articles covering issues related to the contract.

There are several separate paragraphs divided by areas:

Buses for transporting passengers to school, as well as taxis and other similar services, involve a number of different nuances.

In this case, when drawing up an agreement, you need to focus on paragraph 1 and the articles contained therein.

It is within the framework of this NAP that an agreement of this type is being formed. The main articles that you will need to focus on:

It is important to note that the formation of the agreement should be carried out precisely within the framework of this NAP.

Otherwise, the contract agreement may simply be declared legally void and invalid. This may be the main reason for refusal to formalize the agreement.

Features of concluding a contract with a driver

The contract must be concluded within the framework of the law. Nevertheless, the customer and the contractor have the right, at their own discretion, to determine the list of items that will be included additionally.

The main questions that should be worked out in advance include the following:

• contents of the document;
• vehicle classification:

1. Truck.
2. Passenger car.

• sample filling;
• financial responsibility.

Additional attention should be paid to the issue of the contractor’s duties and responsibilities. The main points contained in the agreement include the following:

• performing work on time as established by law;
• doing the work on your own is dependent;
• all work must be performed with proper quality;
• guarantee.

The customer, in turn, also has certain responsibilities. These include primarily:

• provision of materials, equipment and other items to complete the task set out in the agreement;
• providing assistance to the contractor;
• acceptance of the results of work after completion.

Vehicle classification

Today there is a certain classification of vehicles. First of all, they are divided into categories:

• truck;
• passenger car

Truck

Trucks mean vehicles belonging to category “C” or more. Moreover, a trailer is often used.

Video: contract agreement

To manage this, a special additional category is required. Exists large number subtleties directly related to this moment.

Car

Car– a car belonging to category “B”. Moreover, in order to use a contract to conclude one with a driver, he must have an appropriate driver’s license.

Driving a car in the absence of such a driver's license will simply be prohibited. The question of whether a driver’s medical examination is required under a contract remains open.

Sample filling

If you have no experience in drawing up an agreement under a work contract, then it is best to study the sample.

It includes the following:

• place and date of drawing up the contract;
• details of the customer and the performer of the work;
• subject of the contract;
• agreement price;
• terms of payment;
• driver's rights and responsibilities;
• rights and obligations of the employer;
• force majeure.

Financial responsibility

The driver's material may be included in the contract. It is important to note that this responsibility should not violate the Civil Code of the Russian Federation and the Labor Code of the Russian Federation. Otherwise, this clause of the agreement is considered void.

Today, when providing any services by one individual or legal entity another needs to draw up a special contract - a contract. This document has many features and formation nuances.

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All of them must be taken into account. It should also be remembered that it is not possible in all cases to generate documentation of this type. In some cases, a service agreement is used paid services.

But if transportation (freight/passenger) is necessary, a contract type agreement should be concluded.

General information

One of the most important issues Today, for many companies and organizations, the question is: is it possible to hire a driver under a contract?

Since often enterprises or individual entrepreneurs necessary in mandatory use transportation services (passenger, freight).

In such a case, a payment is implied, which must be reflected accordingly in accounting. Therefore, documentation is necessary.

It is also allowed to draw up a contract with the driver of the truck crane, as well as persons operating other similar specialized equipment. Moreover, the formation procedure this kind documents is similar.

But at the same time, it should be remembered that the type in question is not included in the legislation. Despite this, there are certain rules for compiling this type of documentation.

All persons who are in one way or another interested in drawing up documentation of this type should familiarize themselves in advance with the following issues related to the contract:

• what do you need to know first?
• vehicle classification;
• legally.

What you need to know

The procedure for drawing up a contract of this type is associated with a very large number of different nuances.

It is necessary to remember all of them. Otherwise, there is a high probability of recognizing this kind of document as simply insignificant.

To the most important points the following could be included:

• the main purpose of this type of contract;
• types of contracting;
• formulation of work conditions;
• what is a general contractor and a subcontractor?
• item, essential conditions agreement.

Today, with a forwarding driver who cooperates with a legal entity not on a permanent but temporary basis, it is mandatory to enter into a contract agreement.

The main purpose of the document of this type is as follows:

• it is the basis for receiving payment for any amount of work;
• it includes, as well as all the conditions for its implementation;
• the rights and obligations of the parties are indicated;
• the contract has legal force.

Also when forming financial statements It is imperative to refer to the document in question.

A contract implies the presence of some final result when performing work. The provision of services does not imply this.

It is necessary to distinguish between these types of contracts and use the appropriate one in each specific case. Otherwise, there is a high probability of various problems arising.

It is worth familiarizing yourself with concepts such as general contractor and subcontractor. The term general contractor refers to the party signing the contract who undertakes to perform a certain amount of work.

At the same time, if for some reason it is not possible to cope with the task set by the customer on our own, it is allowed to use the services of third parties.

For example, the volume of cargo transported is distributed between the general contractor and subcontractors. At the same time, the customer has the right to indicate in the contract a point that does not allow the use of subcontractor services.

Since not in all cases this kind of practice is acceptable. At the same time, the document of this type must necessarily indicate all the rights and obligations of the driver and his employer.

The subject of the contract is usually the process itself and the end result, for which the driver ultimately receives payment.

It is the most necessary result that should first of all be given maximum attention. Since in the event of various types of disputes, this section of the contract will be given maximum attention.

It should be remembered that in some cases, if it is necessary to carry out any transportation, it is not always necessary to draw up a special contract.

Sometimes it will be enough just to write cash receipt, draw up, and also generate other reporting documentation. But such a simplification is not possible in all cases.

Vehicle classification

Most often, a contract is concluded with the driver for the transportation of goods. It is imperative to remember that all vehicles intended for transportation are divided into several main categories.

This point must be taken into account, since the cost of transportation will directly depend on this factor. For example, much more money will be spent on KAMAZ than on any light-duty transport.

Today, all vehicles for transporting goods can be divided into the following main categories:

This point must be taken into account primarily by logisticians who form the route of movement of the vehicle. Since it must be laid taking into account the tonnage.

Not all transport hubs can handle trucks weighing more than 15 tons or even less. A separate category are all kinds of tractors, rollers, loaders and other specialized equipment.

Cars can also be divided into categories in other ways:

• cargo;
• passenger cars.

Passenger vehicles are usually used somewhat less frequently than freight vehicles. But also quite often. For example, as a taxi.

Since sometimes it is much more profitable to hire a passenger vehicle driver with own car than purchasing a vehicle yourself.

Legally

Despite the fact that any unified form documents of this type are absent today in the legislation in force on this matter; it is regulated by the NAP.

	How exactly a contract is drawn up, various other important nuances and points are indicated
	What type of work is allowed to be performed under a contract of this type?
	The definition of the terms contractor/subcontractor is considered
	What is the responsibility of the contractor/subcontractor?
	When the driver has the right to refuse to transport cargo or perform another task assigned to him in the technical specifications
	How is the quality of work performed assessed?
	What is the responsibility for improper execution of an order?

First of all, when drawing up a contract agreement, you should focus specifically on the Civil Code Russian Federation. But federal legislation must also be taken into account.

Is it possible to hire a driver under a contract agreement?

Most often, when it is necessary to provide services of this kind, contracts with drivers are made (either permanent or temporary).

But if the work is one-time, not implying long-term cooperation, then it is also permissible to draw up a simple contract agreement.

In this case, it is only necessary to indicate as accurately as possible the required amount of work that must be performed.

There are nuances in forming a contract of this type in the following cases:

• truck;
• passenger car;
• if with a personal vehicle;
• on the customer's car.

Truck

Most often, a contract is concluded precisely when it is necessary to use a truck. Since purchasing your own equipment of this type is quite an expensive undertaking.

Therefore, in many cases it is much more profitable to draw up an agreement of this type with the driver-owner of the truck.

When drawing up a contract of this type, you should remember some important points:

• it is necessary to indicate the tonnage;
• travel time, responsibility, delivery times are specified;
• all possible risks and the persons responsible for them are indicated.

It is also necessary to indicate in the contract the terms and conditions of cargo insurance. This point is strictly required.

Passenger car

A passenger car is quite rare. In this case, a contract is rarely used; an agreement for the provision of paid services is usually used.

If, nevertheless, it is applied in a row, then it should be designated as terms of reference a certain amount of time.

During this period, the driver must perform his immediate duties, which are also specified in the contract.

If with a personal vehicle

Many transport companies are increasingly using the services of various types of hired workers who own personal freight transport every day.

In this case, two contract agreements are usually concluded at once:

• between the customer and transport company;
• between the transport company and the driver with a personal car.

It is only necessary, when implementing such a scheme, not to violate the effect of the relevant articles Civil Code Russian Federation, as well as other regulatory documents.

On the customer's car

CONTRACT PRICE AND PAYMENT PROCEDURE 3.1. The price of the Contractor's services is () rubles per. The cost of services provided for each month is calculated on the basis of the service provision certificate signed by the Parties on a monthly basis in accordance with clause 2.5 of this Agreement. 3.2. Payment for services is made by the Customer transferring the amount specified in clause 3.1 of this Agreement to the Contractor’s account or in cash from the Customer’s cash desk within days from the date of signing the act of provision of services in accordance with clause 2.5 of this Agreement. 3.3. The date of payment is the date of receipt cash to the Contractor's account or the date the Contractor receives funds from the Customer's cash desk. 3.4. If it is impossible to fulfill this Agreement due to the fault of the Customer, services are subject to payment in in full. 3.5.

Contract agreement with the driver

Disagreements arising between the Parties under this Agreement are resolved through negotiations between the Parties, and if agreement is not reached during the negotiations, judicial procedure in accordance with current legislation Russian Federation. 4.6. This Agreement comes into force from the moment it is signed and is valid until the Parties fulfill their obligations under it in full. 4.7. The Agreement is drawn up in two copies having equal legal force, one for each Party.
Appendices that are an integral part of this Agreement: 1. Certificate of acceptance and transfer of documentation for the car (Appendix N). 2. Certificate of provision of services (Appendix N). 5.

Civil contract with the driver

Payment for services occurs by payment by the Customer of the specified amount for the past month from the cash desk on the day agreed between the Customer and the Contractor within days after signing the service acceptance certificate for the past month. By agreement of the parties, the Contractor may be paid an advance for the provision of services.6. In case of impossibility of performance due to the fault of the Customer, services are subject to payment in full.7. In case of loss or damage to the car caused by the Contractor, the Contractor undertakes to compensate the Customer for the damage caused in full.8.
In the event that the impossibility of performance arose due to circumstances for which neither party is responsible, the Customer shall reimburse the Contractor for the actual expenses incurred by him.9. The Customer has the right to refuse to fulfill this contract, subject to payment to the Contractor of the expenses actually incurred by him.10.

Contract for paid services with driver sample form

In the event that the impossibility of fulfilling this Agreement arose due to circumstances for which neither Party is responsible, the Customer shall reimburse the Contractor for the cost of the services actually rendered. 4. DURATION OF THE AGREEMENT. OTHER CONDITIONS 4.1. This Agreement comes into force on the date of its signing and is valid until » » 4.2. This Agreement may be terminated early in the cases established by this Agreement and the norms of the current legislation of the Russian Federation.
4.3. For failure to comply or improper execution obligations under this Agreement, the Parties bear responsibility in accordance with the current legislation of the Russian Federation. 4.4. In the event of theft, destruction or damage to the vehicle caused by the Contractor, the Contractor undertakes to compensate the Customer for the damage caused in full. 4.5.

Companies have the right to fulfill their production tasks enter into a contract with a truck driver. Such a contract for the provision of services is concluded if the need arises for the transportation of goods. The procedure for this procedure is determined by the Civil Code of the Russian Federation. According to the contract, one party, on the instructions of the other, must perform certain work on time for payment.

The contract is drawn up by the customer, usually by the company’s lawyer, in two copies. Considering the fact that cargo transportation is complex and dangerous process, to compiling similar document it is necessary to act responsibly and conscientiously, to reflect all the details as fully and in detail as possible. This will help avoid controversial issues in the future. The agreement can be drawn up in any way (machine-readable or data is entered by hand into the prepared agreement form).

What does a sample contract with a driver look like?

AGREEMENT N on the paid provision of driver services in the city, hereinafter referred to as the “Customer”, represented by, acting on the basis of, on the one hand, and a citizen (hereinafter referred to as the “Contractor”), a series N passport was issued » » city, subdivision code: , registered at the address: , a license to drive a vehicle was issued, on the other hand, collectively referred to as the “Parties”, concluded this Agreement about the following: 1. SUBJECT OF THE AGREEMENT 1.1. Under this Agreement, the Contractor undertakes to provide services for driving the Customer’s car, and the Customer undertakes to pay for the services in the manner and on the terms established by this Agreement. 1.2. Services are provided according to the Customer’s instructions, presented orally by phone specified in Section 5 of this Agreement.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES 2.1. The Contractor is obliged to: 2.1.1.

How to draw up a contract with a driver in 2017

The most important today can be considered the following: Art. No. 702 of the Civil Code of the Russian Federation How exactly a contract is drawn up, various other important nuances and points of Art. No. 703 of the Civil Code of the Russian Federation are indicated. What type of work is allowed to be performed under a contract of this type Art. No. 706 of the Civil Code of the Russian Federation. The definition of terms is considered. contractor/subcontractor Art. No. 714 of the Civil Code of the Russian Federation What is the responsibility of the contractor/subcontractor Art. No. 717 of the Civil Code of the Russian Federation When the driver has the right to refuse to transport cargo or perform another task assigned to him in the technical specifications Art. No. 721 of the Civil Code of the Russian Federation How is quality assessment carried out? of work performed, Art. No. 723 of the Civil Code of the Russian Federation What is the responsibility for improper execution of an order? First of all, when drawing up a contract agreement, one should focus specifically on the Civil Code of the Russian Federation. But federal legislation must also be taken into account.

Employment contract with the driver

The right to provide him with the work specified in clause 1.1 of this employment contract; 3.2.2. The right to timely and full payment wages; 3.2.3. The right to rest in accordance with the terms of this employment contract and legal requirements; 3.2.4.

Other rights granted to existing employees labor legislation RF. 3.3. The employer is obliged: 3.3.1. Provide the Employee with work in accordance with the terms of this employment contract; 3.3.2. Provide safe conditions work in accordance with the requirements of the Safety Regulations and the current labor legislation of the Russian Federation; 3.3.3.

Pay wages to the Employee on time; 3.3.4. Realize social insurance Worker from industrial accidents and occupational diseases; 3.3.5.

Agreement on the provision of paid driver services

The Contractor has the right to refuse to fulfill this agreement, subject to full compensation for losses to the Customer.11. Apply to this agreement general provisions on the contract (Articles 702 - 729 of the Civil Code of the Russian Federation), if this does not contradict Art. Art. 779 - 782 of the Civil Code of the Russian Federation, regulating issues paid provision services.12. For non-fulfillment or improper fulfillment of this agreement, the parties are liable in accordance with the current legislation of the Russian Federation.

If one of the parties violates its obligations under the contract, the other party has the right to terminate it unilaterally. Disputes under this contract are resolved by agreement of the parties, and if no agreement is reached, in court.13. Validity period of this agreement: - beginning: » » - end: » » 14. The agreement is drawn up in 2 copies, one for each of the parties.15.

It is imperative to remember that all vehicles intended for transportation are divided into several main categories. This point must be taken into account, since the cost of transportation will directly depend on this factor. For example, much more money will be spent on KAMAZ than on any light-duty transport.
Today, all vehicles for transporting goods can be divided into the following main categories: Extra small Less than ½ t Small From 0.5 to 2 tons Medium From 2 to 5 tons Large From 5 to 15 tons Extra large Over 15 tons This point must be taken into account primarily by logisticians , forming the route of movement of the vehicle. Since it must be laid taking into account the tonnage. Not all transport hubs can handle trucks weighing more than 15 tons or even less.

Contract of GPC individual entrepreneur with a truck forwarder driver sample

Let's look at the most basic of them:

1. Upon conclusion of the contract, the driver is not accepted into the staff of the organization that entered into the contract.
2. This agreement should not be considered an employment contract. All controversial issues are regulated by the Civil Code of the Russian Federation.
3. In a contract, it is best to most accurately and correctly describe the subject of the contract.
4. The agreement is signed for a limited period and is not permanent.
5. It is important to indicate the rights and obligations of the parties in the contract.
6. Upon conclusion of the contract, the customer must hand over the vehicle to the driver.
7. The amount of payments for the service, as well as the payment procedure, must be specified. It is important to correctly indicate the details by which payment for the services provided will be made.

Therefore, in many cases it is much more profitable to draw up an agreement of this type with the driver-owner of the truck. When drawing up a contract of this type, you should remember some important points:

• it is necessary to indicate the tonnage;
• travel time, responsibility, delivery times are specified;
• all possible risks and the persons responsible for them are indicated.

It is also necessary to indicate in the contract the terms and conditions of cargo insurance. This point is strictly required. Passenger car Passenger cars are rented quite rarely. In this case, a contract is rarely used; an agreement for the provision of paid services is usually used. If, nevertheless, it is applied in a row, then a certain amount of time should be designated as a technical task.

Is it possible to register a driver according to GPC agreement?

Conclude a GPC agreement with the driver? How to conclude civil contract to perform work or provide services with a citizen?

Question: The organization does not have a driver on staff, is it possible for a driver, is the car owned by the organization?

Answer: Yes, you can enter into a GPC agreement with the driver.

A citizen can perform work for an organization or provide the services it needs on a freelance basis.

In this case, do not indicate who you are hiring the contractor as, it is enough to describe his task. That is, for example, you don’t need to write that you are hiring a driver. It is enough to determine that the citizen must deliver the goods along the established route.

At the same time, do not refer to the tariff and qualification characteristics of the job, or to the specific profession and specialty of the employee. Because of such links, the GPA may be recognized as an employment contract (for example, clause 2.2 of the definition Constitutional Court RF dated May 19, 2009 No. 597-О-О, resolution of the Federal Antimonopoly Service of the North-Western District dated August 27, 2002 No. A05-4374/02-275/18).

How to conclude a civil contract for the performance of work or provision of services with a citizen

A citizen can perform work for an organization or provide the services it needs freelance. That is, not under an employment contract, but under a civil law contract (abbreviated as GPA). For example, this could be a contract or a service agreement. There are many options, and each has its own characteristics.

At the same time, it is very important to draw up a civil contract correctly. So, to take into account all its differences from labor.*

Types of contracts

Civil contracts for the performance of work or provision of services, in particular, include:

• in a row();
• paid provision of services ();
• transportation();
• transport expedition();
• storage ();
• assignment();
• commission();
• agency().

Civil law also includes other contracts for the performance of work or provision of services not provided for civil law. This is provided for in paragraph 2 of Article 421 of the Civil Code of the Russian Federation. The main thing is that such an agreement does not contain conditions that would allow it to be reclassified as a labor agreement.

GPA does not replace an employment contract

It is impossible to enter into a civil contract with a person who will actually perform the functions of a full-time employee and obey internal rules and regulations. This is directly established by part 4 of article 11 and part 2 of article 15 of the Labor Code of the Russian Federation.

Attention: if during the inspection it is revealed that the civil contract covers labor relations, then it is recognized as feigned. Then the employer can be brought to administrative responsibility. In addition, you will have to pay additional social insurance contributions.

The falsity of a civil law contract can be revealed during an inspection:*

• tax inspectors;
• representatives of the Pension Fund and the Federal Social Insurance Fund of Russia;
• representatives of the labor inspectorate, if an employee files a complaint about the unlawful conclusion of a labor contract with him instead of an employment contract.

To re-qualify the contract, inspectors or a dissatisfied employee have the right to go to court. Then the civil contract covering the labor relationship is recognized as sham in accordance with paragraph 2 of Article 170 of the Civil Code of the Russian Federation. Such a transaction is void, and the rules established for employment contracts will apply to it. The same position is expressed in the ruling of the Constitutional Court of the Russian Federation dated May 19, 2009 No. 597-О-О, and paragraph 3 of paragraph 8 and paragraph 12 of the resolution of the Plenum Supreme Court RF dated March 17, 2004 No. 2, and the ruling of the Supreme Court of the Russian Federation dated January 24, 2014 No. 18-KG13-145.

This will entail, in particular, a recalculation of assessed contributions. The fact is that the organization pays less contributions from payments under civil law contracts than from remunerations under employment contracts. This means you will have to submit updated reports, pay arrears and penalties ().

In addition, the employer and his officials may be held administratively liable for replacing labor relations with civil ones. Fines are imposed in the following amounts:

• from 10,000 to 20,000 rub. - for officials of the organization, for example its general director;
• from 5,000 to 10,000 rubles. - for entrepreneurs;
• from 50,000 to 100,000 rub. - for organizations.

For repeat violation the following sanctions are provided:

• disqualification for a period of one to three years - for officials of the organization, for example its head;
• fine from 30,000 to 40,000 rubles. - for entrepreneurs;
• fine from 100,000 to 200,000 rubles. - for organizations.

The chief accountant advises: specify the specific scope of work or services in the GPA with the citizen. Do not indicate who you are hiring the contractor as, just describe his task. That is, for example, you don’t need to write that you are hiring a driver. It is enough to determine that the citizen must deliver the goods along the established route.

Be careful. Don't link to staffing table, tariff and qualification characteristics of the work, for a specific profession and specialty of the employee. Because of such links, the GPA may be recognized as an employment contract (see, for example,

Our organization owns a truck. We do not have drivers on staff. We need to carry out transportation. Is it possible to conclude a civil contract with an individual for transportation; if so, what kind of contract needs to be concluded? What documents are required for such a person to travel to the line? If a civil law contract is concluded, is it necessary to write out waybill, are we required to ensure that the driver passes the daily medical examination. If such a driver appears on the line while intoxicated, or there is an accident, are we responsible?

Answer

Answer to the question:

No, it is impossible to conclude a civil contract with an individual for transportation. IN in this case an employment contract must be concluded.

This is, for example, office renovation, department computerization, translation of foreign documentation, etc. Such agreements are regulated by civil law. They cannot be used to register full-time employees who will perform a specific job function.

In your case, it is obvious that the employees will continue to perform the labor function of the driver, and therefore the conclusion of the GPA in this situation is not legal (even if an individual entrepreneur is issued).

In the event of an unlawful conclusion of a civil contract that actually regulates labor relations between an employee and an employer, such relations may be (,).

Any contract concluded in accordance with civil law is recognized as civil law .

The Civil Code of the Russian Federation establishes freedom of contract. This means that:

• the parties can enter into any agreement that does not contradict the law;
• forced conclusion of contracts is prohibited;
• The parties independently determine the content of the agreement.

Stage 2. Confirm your work experience.

Next, you need to clarify the driver’s work experience, which is registered in work book or another document in accordance with the Labor Code of the Russian Federation. Only after confirmation of compliance with all requirements can an interview be held with the employee.

Stage 3. Interview drivers.

The interview is conducted orally. The employer also has the right to add testing to the oral form. It is important to note that the results of the interview must be entered into the interview sheets and stored for at least 5 years.

Stage 4. Refer the candidate for a preliminary medical examination

Stage 5. Train drivers.

The employer is obliged to send a driver for an internship if: the candidate is hired for the first time as a driver, the candidate has a break in labor activity driver for more than one year, the candidate is transferred from one type of vehicle to another. What does the internship include? The internship consists of instruction and practice. The number of internship hours is determined by the employer. It is necessary to keep documentary records of each driver's internships. After the driver has completed the internship, his results must be confirmed with an internship certificate. The employer also keeps the internship certificate for at least 5 years.

See also RD-200-RSFSR-12-0071-86-12. , approved Ministry of Automobile Transport of the RSFSR 01/20/1986, according to which the driver’s permission to work on vehicle any model without prior internship is prohibited (clause 3.2).

A situation may arise when a driver refuses to undergo an internship.

Let us immediately note that neither Order of the Ministry of Transport of Russia dated March 11, 2016 No. 59, nor RD-200-RSFSR-12-0071-86-12 provides for a situation where a driver refuses to undergo an internship.

In this case, we would recommend that the employment contract with the driver (job description) indicate that all drivers, when hired, as well as in cases provided for by law, are required to undergo an internship and receive a positive assessment for completing it. The result of the internship must be positive (as noted on the internship form). If the result of the internship is negative, it is considered that the driver did not complete the internship.

This will allow the employer to attract disciplinary liability driver for not passing it. In case of repeated refusal (which can be issued even the next day after the first refusal) from completing the internship, the driver can be fired for repeated failure to fulfill his job duties.

We also note that Without completing an internship, a driver cannot be allowed to work independently.

In this case, such an employee should be declared downtime due to his fault.

Downtime caused by the employee is not paid (Article 157 of the Labor Code of the Russian Federation).

In addition, according to Art. 155 of the Labor Code of the Russian Federation, in case of failure to comply with labor standards, failure to fulfill labor (official) duties due to the fault of the employee (even if downtime is not declared), payment of the standardized part of the salary is made in accordance with the volume of work performed (and the driver will not perform any work if he refuses internship, since he cannot be allowed to do this work at all).

If the internship result is unsatisfactory:

The situation here is similar. IN regulations there is no direct answer to this question.

RD-200-RSFSR-12-0071-86-12 states only the following: driver training ends with a control trip and an interview, after which the training card makes a conclusion about the possibility of the trainee being admitted to independent work as a driver. It is mandatory to indicate the make of the car and the routes on which the driver can work. Said conclusion serves as the basis for the qualification commission of the enterprise to consider the driver’s application to assign him a II or III class qualification in the prescribed manner.

In cases where a trainee, having completed the established internship course and the additional 20 hours provided (see clause 9.7), received an unsatisfactory assessment based on test results, the driver-instructor, together with the driver-mentor responsible for the internship of this bus driver, have the right to issue the decision on the unsuitability of this trainee to work independently as a bus driver for consideration by the qualification commission of the enterprise.

Under the circumstances under consideration, when hiring, it is advisable for all drivers to have a probationary period.

You won't have any questions about Drawing up a civil contract in 1C after reading the article at the link.

In case of failure to complete the internship, the employee can be dismissed as having failed to complete the probationary period.

But please also note that the test may not be applicable to all employees.

If the test cannot be administered to the driver, the scheme will be the same as in option 1 (when the driver refuses the internship).

Also, the TD can be terminated at any time by agreement of the parties.

In conclusion, we draw your attention to the fact that in accordance with the rules of work of expert support of the KSS "System Personnel" we provide consultations on issues only related to personnel records management And labor law. Unfortunately, preparing answers to questions civil law does not relate to our topic, so we cannot provide an answer with due expert assessment. Therefore, to receive a more detailed answer on civil law issues, we advise you to purchase access to the Lawyer System. Thanks for understanding. And thank you for reaching out.

Details in the materials of the Personnel System:

1. Question from practice: How does the re-qualification of a civil law contract into an employment contract take place and what consequences does it have for the employer?

Relations arising on the basis of a civil contract can be recognized as labor relations if there is ().

Such recognition may take place in the following order:

• organization that is the customer under a civil contract, based on a written application individual- the performer herself recognizes the relationship as an employment relationship and draws up an employment contract in;
• the organization that is the customer under the civil contract, based on the order of the state labor inspector, recognizes the relationship as an employment relationship and draws up an employment contract in . If the organization does not agree with the order, it can go to court and before adoption court decision do not take any action;
• An organization that is a customer under a civil contract, on the basis of a court decision that recognized the relationship as an employment relationship, draws up an employment contract in . Go to court to have the relationship recognized as an employment relationship general case can both the employee himself and labor inspection in case of disagreement of the organization with the order of the state inspector.

If the relationship under a civil contract has already been terminated, then it can only be recognized as an employment relationship in court. To do this, the executor under the specified agreement may go to court in the manner and within the time limits provided for the consideration of individual labor disputes.

If, when a court considers a case on recognition of an employment relationship, irremovable doubts arise, the court interprets them in favor of the existence of an employment relationship.

If the relations arising on the basis of the civil law are recognized as labor relations, it is considered that such relations arose from the date of the actual admission of the contractor to perform duties under the specified contract, that is, from the date of entry into force of the civil law contract.

This procedure is enshrined in the Labor Code of the Russian Federation.

In addition to the need to conclude an employment contract with the employee and other related documents (employment order, personal card, etc.), the organization will have to recalculate accrued taxes and contributions, since the organization pays less taxes (contributions) from payments under civil law contracts than from remuneration under employment contracts (). And

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