The driver was deprived of his license, what should the employer do?

If an employee-driver is deprived of his driver's license

For gross violations of the Traffic Rules, the driver may be temporarily deprived of his driver's license (Parts 1 - 3 of Article 3.8 of the Code of Administrative Offenses of the Russian Federation; Article 264 of the Criminal Code of the Russian Federation; paragraph 2 of Article 27, paragraph 1 of Article 28 of the Federal Law of December 10, 1995 N 196 - Federal Law “On Road Traffic Safety”). And if at the same time he works in the organization as a driver , then the question arises: what to do with him? After all, he has no right to drive a vehicle, therefore, he can no longer do his job. Let's figure it out together.

For reference,
deprive a driver’s license and only for a period of 1 month to 3 years (Parts 1, 2, Article 3.8 of the Code of Administrative Offenses of the Russian Federation; Article 264 of the Criminal Code of the Russian Federation).

Note
If the rights of some other employee who also drives a car for business purposes are deprived, but his work under the employment contract does not, in principle, involve driving a car (for example, an employee is a legal adviser), then the deprivation of his rights does not prevent him from performing his work. Therefore, no personnel decisions will have to be made in such a situation.

We offer transfer to a vacant position

The “disenfranchised” driver must be offered all the vacant positions (jobs) available to the company in a given locality (including in separate divisions) (Articles 76, 83 of the Labor Code of the Russian Federation):
- corresponding qualifications of the employee;
- lower-ranking positions (lower-paid jobs) that an employee can occupy (perform) taking into account his state of health.

We warn the manager.
For allowing a driver who has been deprived of his license to work, traffic police officers may fine the company official responsible for the technical condition and operation of vehicles 20,000 rubles. (Clause 1 of Article 20 of the Law on Road Safety; Clause 12 of the Basic Provisions for the admission of vehicles to operation and the duties of officials to ensure road safety, approved by Resolution of the Council of Ministers - Government of the Russian Federation dated October 23, 1993 N 1090; Art. 12.32 Code of Administrative Offenses of the Russian Federation; Resolution of the First Arbitration Court of Appeal dated May 4, 2010 in case No. A79-680/2010).

It is necessary to offer vacancies in other localities only if this is provided for by a collective agreement, social partnership agreements that apply to the company, or an employment contract.
The period during which an employee must be offered a transfer is not defined in the Labor Code of the Russian Federation.
But it’s better to do this as soon as you find out about the deprivation of your driver’s license. After all, such an employee cannot be allowed to do his usual work of driving a car. Keep in mind that the driver is considered deprived of his rights from the day the court ruling comes into force, and not from the day his driver’s license is confiscated (Part 1 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation; Part 3 of Article 107 of the Code of Civil Procedure of the Russian Federation). Therefore, if you are aware that your driver drives on a temporary permit instead of a regular license, then it makes sense to start looking for a suitable vacancy for your employee during the period of his possible deprivation of his driver’s license. And for myself - a new driver for this period.

Note
Let us remind you that if the driver has seriously violated the Traffic Rules (and for this he may be deprived of his license in court), then the traffic police officers will simply take away his driver’s license. In return, they will issue a temporary permit to drive a vehicle. It will be valid until the court’s deprivation of rights comes into force (if the court makes such a decision), but in any case no more than 2 months. And if the case of a driver violating traffic rules is not considered within this period, then the judge, at the request of the driver, may extend the validity period of the temporary permit (for a maximum of a month for each application). If the driver appeals the deprivation of rights already issued against him, then the judge will extend the validity of the temporary permit until a decision on the complaint is made (Part 3 of Article 27.10, Part 1 of Article 32.6 of the Code of Administrative Offenses of the Russian Federation).

A transfer proposal can be formatted as follows.

Limited Liability Company "Taxi Blues"

To the driver of
Taxi Blues LLC,
P.D. Malyshev.

Dear Petr Dmitrievich,

in connection with your deprivation of the right to drive a vehicle for a period of 6 months in accordance with the decision of the magistrate of court district No. 278 of the Veshnyaki district of Moscow dated 04/07/2011, which entered into legal force on 04/18/2011, which excludes the possibility of you fulfilling your labor duties agreement, we offer you a temporary transfer for the period of deprivation of your driver's license to the position of a general worker, which is not contraindicated for you for health reasons, from 04/18/2011 (with a salary for the position of 12,000 rubles).
We inform you that if you refuse to transfer to the offered job, the employment contract with you will be terminated in accordance with clause 9, part 1, art.
83 of the Labor Code of the Russian Federation - in connection with the deprivation of your right to drive a vehicle, which entails the impossibility of fulfilling your labor duties as a driver. Please notify us of your consent or disagreement to the transfer no later than the end of the current working day by submitting the completed detachable part of this Notice to the accounting department.
Failure to receive your consent or disagreement to the transfer within the prescribed period will be regarded as a refusal to transfer, which will entail the termination of your employment contract on the above grounds.

General Director Khmelnitsky

Malyshev received an offer to transfer to another job on
April 18, 2011.

With a temporary transfer to the position of a general worker from April 18, 2011 for
the period of deprivation of my right to drive a vehicle

I don’t agree __________ P.D. Malyshev

And then, if the employee agreed to the transfer, draw up an additional agreement on his temporary transfer to another job for the period of deprivation of his driver’s license (Article 72.2 of the Labor Code of the Russian Federation).
And issue a transfer order using the unified form N T-5. True, if a driver is deprived of his license for a period of more than a year, then the question arises about the legality of his temporary transfer, since according to labor legislation, an employee can be temporarily transferred for a maximum of a year (except for the case when the transfer is needed to replace a temporarily absent employee) (Part 1 of Article 72.2 Labor Code of the Russian Federation). On the other hand, transferring the driver to another permanent job in such a situation is also wrong. After all, he needs a temporary transfer. In this case, we must proceed from the fact that the employer is obliged, first of all, to offer the driver a transfer for the period of deprivation of his driver’s license and only in the absence of such an opportunity - to fire him. This means that the rule on guarantees to the employee in the form of the employer’s obligation to offer a transfer has higher priority than the rule on limiting the period of temporary transfer to 1 year.

If it is impossible to transfer an employee to another job

The employee may not agree to the transfer offered to him.
Or there is simply no vacancy in the company to which he can be transferred. Then his fate is decided depending on how long he was deprived of his driver's license: (if) the driver was deprived of the right to drive a vehicle for up to 2 months , then he must be suspended from work (Article 76 of the Labor Code of the Russian Federation);
(if) the period of deprivation of a driver’s license is more than 2 months , then the driver can be fired (Clause 9, Part 1, Article 83 of the Labor Code of the Russian Federation).

We warn the manager
If the driver has been deprived of his license, then he must first be offered a transfer to another job . But if there is no suitable vacancy for the employee or he refuses the transfer, then it all depends on how long he was deprived of his rights: if for a period of no more than 2 months, then the driver must be suspended from work; if more than 2 months, he can be fired.

From authoritative sources
Nina Zaurbekovna Kovyazina, Deputy Director of the Department of Wages, Labor Safety and Social Partnership of the Ministry of Health and Social Development of Russia
“If the driver of an organization has been deprived of his license for a period of no more than 2 months, and the employer has no opportunity to transfer him to another job, then the driver must be suspended from work without maintaining his salary for this period (Article 76 of the Labor Code of the Russian Federation).
If the driver has been deprived of his license for a period of more than 2 months, and there is no possibility of transferring him to another job, then the employment contract with him must be terminated under clause 9 of Part 1 of Art. 83 of the Labor Code of the Russian Federation (in connection with the deprivation of the employee’s right to drive a vehicle). In such a situation, the employer does not have the right to provide the employee, at his request, with leave without pay for the period of deprivation of his driver’s license, or to register downtime due to the fault of the employee for this period.”

At the same time, if your employee is deprived of a driver’s license for a period of more than 2 months, and instead of dismissing him, you provide him with unpaid leave for this period, then you will only improve his situation in comparison with that established by the Labor Code of the Russian Federation. And it is unlikely that the labor inspectorate, upon discovering such a fact, will consider this a violation of labor legislation “worthy” of a fine (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Suspended from work

We are issuing an order about this. There is no unified form for such an order, so it can be issued in any form.

Limited Liability Company "Taxi Blues"

Order No. 5-k
04/18/2011
Moscow
On suspension from work

In connection with the deprivation of the right to drive a vehicle for a period of 1 month in accordance with the decision of the magistrate of court district No. 278 of the Veshnyaki district of Moscow dated 04/07/2011, which entered into legal force on 04/18/2011, which excludes the possibility of fulfilling duties under the employment contract, and the absence of vacant positions, transfer to which could be offered to the employee for the period of deprivation of his driver’s license, on the basis of Art.
76 of the Labor Code of the Russian Federation I order:
1. To suspend the driver Pyotr Dmitrievich Malyshev from work for the period from 04/18/2011 to 05/17/2011 inclusive.
2. The accounting department shall not accrue wages to Pyotr Dmitrievich Malyshev for the period of suspension.

General Director Khmelnitsky

I have read the order ———— P.D.
Malyshev April 18, 2011

Once the driver's license suspension period has expired, issue an order to allow him to return to work at the end of the suspension period. Such an order can be issued as follows.

Limited Liability Company "Taxi Blues"

Order No. 9-k
05/18/2011
Moscow
On admission to work after the expiration of the period
of suspension from work

Due to the expiration of the period of suspension from work in accordance with the Order of Taxi Blues LLC dated 04/18/2011 N 5-k and the termination of the administrative sanction against the employee in the form of deprivation of the right to drive a vehicle,
I order:
1. Allow driver Malyshev to work Peter Dmitrievich from 05/18/2011.
2. From May 18, 2011, the accounting department will accrue wages to Pyotr Dmitrievich Malyshev according to the working time sheet.

General Director Khmelnitsky

I have read the order ———— P.D.
Malyshev May 18, 2011

We terminate the employment contract

If it comes to dismissal, then keep in mind that in this situation you are not obliged to notify the employee of the upcoming dismissal for any specific period. But you, of course, have the right to do this. And one more thing: the Labor Code of the Russian Federation does not prohibit dismissing an employee in our case while he is on sick leave or on vacation. This was confirmed to us by the Ministry of Health and Social Development.

From authoritative sources
Kovyazin N.Z., Ministry of Health and Social Development of Russia
“If the employer finds out about the deprivation of an employee’s driver’s license at a time when the employee is on sick leave or on vacation, then dismiss him under clause 9 of part 1 of art. 83 of the Labor Code of the Russian Federation during this period is possible. This is not dismissal at the initiative of the employer, in which there is a ban on dismissal of an employee on vacation and during a period of temporary disability (Article 81 of the Labor Code of the Russian Federation).”

In the column of the order to terminate the employment contract in Form N T-8 “Grounds (document, number, date)”, indicate the details of the court decision by which the employee was deprived of the right to drive a vehicle.
The record of dismissal in the work book is drawn up as follows.

You didn't know that your driver's LICENSE was revoked?

section KEY POINTS

— Director of Transport Consulting LLC Konstantin Zvorygin

So, I am leaving out the actions of the driver himself, who was deprived of the right to drive, hid and did not surrender his driver’s license, which he presented to the mechanic at work for a year when leaving. Although I will return to it at the end.

Let's look at the arguments of the traffic police officers, who made the decision and are defending it in court:

The main and main point (it’s hard to argue with it, or rather, it’s impossible to argue with it).

The Basic Regulations for the admission of vehicles to operation and the responsibilities of officials to ensure road safety (approved by Resolution of the Council of Ministers - Government of the Russian Federation dated October 23, 1993 No. 1090) clearly states: “
...Officials and other persons responsible for the technical condition and operation of vehicles, it is prohibited to allow persons who do not have the right to drive a vehicle of this category or subcategory to drive vehicles...”

The following phrase adds piquancy to this whole situation: “... without the right to drive a vehicle of this category or subcategory...”

That is, we are not talking about a driver’s license, but about the right to drive a vehicle.
Many of you will ask: Is it really necessary for a mechanic to make a request to the traffic police every day when leaving - whether his driver’s right to drive has been deprived?

Let's look at the organization's arguments that were presented in court. Main thesis:

“...The law does not provide for the obligation of the employer and the frequency of requesting information from the traffic police to verify the validity of the license...”

It is also difficult to disagree with this, but the absence of such a requirement does not cancel the requirement of the above-mentioned Law No. 1090

I don't dare take anyone's side. I note that the court did not satisfy the organization’s complaint, but upheld the traffic police decision with a fine of 100 thousand rubles. I also want to say that judicial practice, unfortunately, on the same issues can be different, so let’s figure it out ourselves.

Let's answer the main question: how can we comply with the requirements of Law No. 1090 and not allow persons who do not have the right to drive a vehicle of this category or subcategory to drive vehicles?

In fact, it is necessary to look at this problem more broadly. When a mechanic thinks that it is impossible to make a request to the traffic police every time, he thereby drives himself into a dead end.

There is a good phrase that I have always used as a leader, and I still use it. I’ll paraphrase it a little: “You don’t need to look for reasons, you need to look for opportunities . In our case, there is no need to dwell on the fact that due to the impossibility of making a request to the traffic police, I abdicate responsibility for resolving this issue.

The risk still remains: the risk of being brought to administrative liability of 100 thousand rubles remains.

So let's find a way to fulfill this requirement by reducing risk!

Here is my solution

the driver drove without a license not for a day or two, but for almost a year .

Let's agree that if a driver is caught drunk driving, then the next day he will not be deprived of his license. First, the traffic police will collect the material, then send it to court. The court will set a hearing date (and this is not quick). Perhaps the meetings will be postponed (for various reasons) and this means that even if you hypothetically checked the driver for deprivation today (more on this below), then tomorrow he will definitely not be 100% deprived. Do you agree? This means that daily checking is not necessary.

By the way, in Law No. 1090, there are also no words about daily occurrence . This is just by the way so that you don’t get hung up on the word “daily”. Let's move on/

According to the Rules for recording road traffic accidents (approved by Decree of the Government of the Russian Federation of June 29, 1995 N 647), as you already know from my seminars and the full course:

“...p. 18. Vehicle owners monthly check with the departments (departments) of the internal affairs bodies in districts, cities and other municipalities, including several municipalities, information about road accidents involving their vehicles...”

I know for sure that 90% of all organizations do not do reconciliations and even hear about it for the first time. I will say more, many traffic police officers who come to check also hear about this for the first time. That's how neglected this commitment is.

Someone may be embarrassed by the moment of a monthly visit to the traffic police (and to whom? and where?). But everything is much simpler than you think.

By the way, in the full video course “How to ensure traffic safety without special knowledge,” I talk about reconciling road accidents with the traffic police in great detail and tell you how to do it without unnecessary stress (easily and quickly). There is a very simple solution .

And now I’ll ask you a question:
What prevents us from simultaneously making a request for deprivation ?

If you go further, you can even check for traffic violations , including those involving official vehicles (perhaps you will learn a lot more to work on the reliability of the driver and identify risk groups)?

That is, you monthly not only for vehicles, but also for drivers.

Thus, with this event you fulfill not only the requirement of the Rules for recording road traffic accidents (approved by Decree of the Government of the Russian Federation of June 29, 1995 No. 647), but also the requirement of the Appendix to Traffic Regulations No. 1090. That's what we need. This is the best solution you could come up with. You are “killing two birds with one stone.”

If you don’t think about the fact that it’s impossible for a mechanic to make a request to the traffic police every day (don’t approach this literally and don’t get hung up on it), but assume that during the monthly reconciliation of accidents (see the responsibility above), simultaneously make a request to revoke the rights of all drivers (that is, find an opportunity to check), then you can greatly reduce the risk of such an unpleasant event occurring (if you eliminate it altogether).

By the way, the court ruling says about this (note not a word about daily occurrence):
“...The legal entity had the opportunity to check with the traffic police the data on bringing the driver to administrative responsibility, but it was not implemented ...”

These words exactly reflect my position: look for an opportunity!

“Allowing a driver who is intoxicated or does not have the right to drive a vehicle to drive a vehicle shall
entail the imposition of an administrative fine on officials responsible for the technical condition and operation of vehicles in the amount of twenty thousand rubles; for legal entities - one hundred thousand rubles .

Note. For administrative offenses provided for in this article, persons carrying out entrepreneurial activities without forming a legal entity bear administrative responsibility as legal entities.”

The driver was deprived of his license, what should the employer do?

By a resolution of the head of the traffic police, N LLC was found guilty of committing an administrative offense under Art. 12.32 of the Code of Administrative Offenses of the Russian Federation, which resulted in the imposition of an administrative fine in the amount of 100,000 rubles.

BY to the traffic police. — In particular, if a motorist has been punished for driving while intoxicated, then after three years he must take the exam again. Only after this the procedure for restoring the right to drive the vehicle is considered completed. In other cases, the driver’s license is returned to the driver simply upon expiration of the period of deprivation.

Suspension of disqualified drivers from work

The list of proposed vacancies must be provided in writing, for example as a notice. In accordance with the law, the driver must be suspended from work immediately after the employer has received a copy of the court decision; the employee must be familiarized with the available vacancies immediately and report his consent or disagreement to the transfer on the same day.

If the driver’s consent to the transfer is obtained, an additional agreement to the employment contract must be concluded with him, after which an order for his transfer is issued. For the order, the unified form No. T-5 or another approved by the enterprise is used. If the transfer is carried out on an ongoing basis, it is necessary to make an entry about this in the work book (Part 4 of Article 66 of the Labor Code of the Russian Federation).

Withdrawal of rights as a type of administrative punishment is applied exclusively to violators in accordance with the Code of Administrative Offenses and the Criminal Code of the Russian Federation. The decision to deprive a document can be made by a court; in some cases, these powers belong to the Department of Internal Affairs (Article 12.15, 12.4, 12.2 of the Code of Administrative Offenses of the Russian Federation). The period for which rights are withdrawn can range from 1 month to 2 years.

Haven’t you tried to educate normally and by example?
Or ask your roommate to talk to your son? Did you take him to a psychologist? Or did you just watch about the Rostov case on TV? In order for the documents to be sent to the Vitebsk region, you must write an application at the traffic police department where the documents are located.

If an employee is deprived of the right to drive a vehicle, the employer may not know about it. However, we will not consider a situation where an employee concealed such information. Let’s assume that the driver independently reported the deprivation of his license and its duration.

If we are talking about other violations, then the driver who drove the vehicle after the expiration of the period of deprivation will be held accountable under Article 18.18 of the Code of Administrative Offences.

Yes, according to the law, the maximum period of deprivation of rights is 3 years and there is no article that would increase the term of punishment. But there is one caveat: if you have not one violation, but several at once, then the allotted time limits for each violation will add up, and you will remain without the right to drive a car for decades.

What to do if an employee-driver is deprived of his license

Labor Code of the Russian Federation). The employee and other interested parties must familiarize themselves with the order against signature. If the employee refuses to sign, a report is drawn up.

Finally, the third point, which is of utmost importance for personnel registration of the consequences of depriving an employee of a special right, is the duration of deprivation, determined by the court.
For personnel records purposes, it is important to know whether this period exceeds two months or not. If the employee has appealed the court ruling, then the employer will also need copies of all subsequent judicial acts, up to the one that finally approves the verdict of deprivation of rights.

The “disenfranchised” driver must be offered all the vacant positions (jobs) available to the company in a given locality (including in separate divisions) (Articles 76, 83 of the Labor Code of the Russian Federation): - corresponding qualifications of the employee; - lower-ranking positions (lower paid jobs), which an employee can occupy (perform) taking into account his state of health.

When it comes to deprivation of rights, drivers enter a stressful state. As soon as a court decision is made, motorists, not wanting to part with their car, begin to look for a way out of the current situation: how to drive after deprivation of their license for at least a year.

Drivers who are caught by a traffic police inspector committing a violation that is punishable by deprivation of their license will not immediately have their driver’s license taken away. They must submit it within 3 working days from the date of entry into force of the magistrate’s decision on deprivation of the right to drive a vehicle, Part 1 of Art. 32.6, part 1.1 art. 32.7 Code of Administrative Offenses of the Russian Federation.

Moreover, in the period between the drawing up of a protocol on a violation implying deprivation of rights by an authorized person (a traffic police officer) and before the relevant court decision comes into force, the employee has every reason to continue working. After all, during this period he is not deprived of the right to drive a car.

Let's see what actions the employer should take in this case. At the same time, we proceed from the fact that the employee, who will soon lose his rights, conscientiously warned his superiors about the unpleasant event. After all, by and large, it can only learn about this from the driver himself.

The Labor Code provides for exactly the same algorithm of actions for all cases when employees are deprived of a special right that is necessary to fulfill their job duties (Article 76 and Clause 9 of Article 83 of the Labor Code of the Russian Federation). This could be a license from a security guard, a certificate from an auditor, a permit to carry a weapon from a security officer, etc.

Seven court decisions that will protect the personnel officer from mistakes during dismissal The procedure for transferring a driver to another position The employer can be notified that the driver has been deprived of his license by the driver himself or from a copy of the court decision sent to his address.

Try to place the child in a rehabilitation center (shelter), temporarily indicating that there is a persistent conflict between you and the child. Psychologists will also work with him and you there.

Since the employer does not have the right to allow a driver who has been deprived of the right to drive a vehicle to work, during the period of suspension from work the employee should not come to work and be at his workplace.

How to fire a driver who has been deprived of his license. answers I. Shklovets, Deputy Head of the Federal Service for Labor and Employment Published by your consulting partner 48 9414.

Not everyone can work as a driver, but only a citizen who has undergone special training, passed an exam at the State Traffic Safety Inspectorate and received the right to drive one or another type of vehicle, confirmed by a driver’s license.

Exceptional grounds for confiscation of a driver's license

Let us note that Art. 20 of the Law on Road Safety, legal entities and individual entrepreneurs are prohibited from allowing drivers who do not have a driver’s license to drive vehicles.

They say that approximately every five years a new generation of motorists grows up, and these people have their own new questions. Which some may seem simple and not worthy of attention. For others, these are, without exaggeration, matters of life and death.

For reference, only a judge can deprive a driver’s license and only for a period of 1 month to 3 years (Parts 1, 2, Article 3.8 of the Code of Administrative Offenses of the Russian Federation; Article 264 of the Criminal Code of the Russian Federation).

Keep in mind that the driver is considered deprived of his rights from the day the court ruling comes into force, and not from the day his driver’s license is confiscated (Part 1 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation; Part 3 of Article 107 of the Code of Civil Procedure of the Russian Federation).

Please notify us of your consent or disagreement to the transfer no later than the end of the current working day by submitting the completed detachable part of this Notice to the accounting department. Failure to receive your consent or disagreement to the transfer within the prescribed period will be regarded as a refusal of the transfer, which will entail termination of the employment contract with you on the above grounds.

Deprivation of the right to drive a vehicle is a penalty applied to drivers guilty of violating traffic rules and operating vehicles.

Consequently, for a meeting and a “meeting” with the traffic police, you will be held accountable under Article 18.19 of the Code of Administrative Offenses “Driving a vehicle by a person who does not have the right to drive.”

On the morning of August 9, M., in a state of intoxication, went to the line to perform his work duties as a passenger taxi driver. At the same time, he had a waybill issued by N LLC, signed by the dispatcher and the head of the column.

Is it possible to fire a driver whose license has been revoked?

In turn, the judge has 2 months to consider the case and make a decision under Part 1.1 of Art. 29.6 of the Code of Administrative Offenses of the Russian Federation, and the driver has 10 days to appeal Part 1 of Art. 30.3 Code of Administrative Offenses of the Russian Federation. Thus, from the moment the violating driver is “caught” until the moment he actually gives up his license, approximately 2.5 months pass. During this time he can safely drive the car.

Suspension from work Deprivation of the right to drive a vehicle is a penalty applied to drivers guilty of violating traffic rules and operating vehicles. The types of violations for which a driver may be deprived of this right are provided for in Ch.

It’s worth remembering: if you follow traffic rules and drive competently, you can avoid many troubles on the road, although accidents also occur. To avoid mistakes, first of all follow the Rules yourself!

How to formalize the extension of a driver’s job function? Question An employee-driver was caught drunk during work hours while driving a company car. He refused to undergo a medical examination.

If an employee-driver is deprived of his driver's license

The types of violations for which a driver may be deprived of this right are provided for in Ch. 12 Code of Administrative Offenses of the Russian Federation and Art. 264 of the Criminal Code of the Russian Federation.

Regardless of how long the driver’s license is withdrawn, the employer must offer the employee a transfer to another workplace that corresponds to the employee’s qualifications and health condition. He may occupy a vacant position in accordance with his professional qualifications or, in the absence of such, any other lower or lower paid position.

According to Art. 3.1 of the Code of Administrative Offenses of the Russian Federation, administrative punishment is a measure of responsibility established by the state for committing an administrative offense and is used to prevent the commission of new offenses both by the offender himself and by other persons.

These “elites” have a wealth of experience in atrocities in Chechnya, during two campaigns... the only problem is that all this scum later returned to their homeland with shit in their heads...

How to formalize the extension of a driver’s job function? Question An employee-driver was caught drunk during work hours while driving a company car. He refused to undergo a medical examination. By court decision, he was deprived of his driver's license for one and a half years. How can we fire him, there are no vacancies for transfer? This norm is imperative. Failure to terminate the contract in the case under consideration may be regarded by the labor inspectorate as a violation of the requirements of the Labor Code of the Russian Federation. At the same time, the provision of leave in such a situation will be the subject of close attention of inspectors.

The driver was deprived of his license: when to issue a suspension and when to dismiss him

The staffing table of any organization with a fleet of vehicles probably includes driver positions. Obviously, this position requires employees who have driving skills, as evidenced by a valid driver's license. But what if an employee-driver is deprived of the right to drive vehicles for one or another violation?

Introductory information

Before moving on to describing the algorithm of actions of an accountant or HR employee in a situation where the court has deprived the right to drive vehicles of an employee whose work is directly related to such management, it should be noted that a similar situation can arise not only with drivers. The Labor Code provides for exactly the same algorithm of actions for all cases when employees are deprived of a special right that is necessary to fulfill their job duties (Article 76 and Clause 9 of Article 83 of the Labor Code of the Russian Federation). This could be a license from a security guard, a certificate from an auditor, a permit to carry a weapon from a security officer, etc. But still, most often it is the drivers who fall under the punishing hand of justice.

Study the court decision

If a personnel officer or accountant finds out that a regular driver has been deprived of the right to drive a vehicle, then the first thing he should do is request an appropriate court decision. Here you need to take into account that, according to paragraph 1 of Art. 3.8 of the Code of Administrative Offenses of the Russian Federation, only a court can deprive a special right. Moreover, in the period between the drawing up of a protocol on a violation implying deprivation of rights by an authorized person (a traffic police officer) and before the relevant court decision comes into force, the employee has every reason to continue working. After all, during this period he is not deprived of the right to drive a car.

So a copy of the court decision in the situation under consideration is simply necessary. Without it, no action can be taken. The employee himself must have a copy of the decision, since he is a party to the proceedings and it is handed over to him without fail (Clause 2 of Article 29.11 of the Code of Administrative Offenses of the Russian Federation). Moreover, until the decision is served, it cannot enter into force, because The period for appeal is counted from the date of delivery (Clause 1, Article 30.3 of the Code of Administrative Offenses of the Russian Federation). Accordingly, as soon as the employee notifies you that he is being deprived of his rights, you need to put this situation under control in order to receive a copy of the decision in time. If the employee has appealed the court ruling, then the employer will also need copies of all subsequent judicial acts, up to the one that finally approves the verdict of deprivation of rights.

Another point that you need to pay attention to is the date from which the decision to deprive the right to drive a vehicle comes into force. As a general rule, if the decision is not appealed, it will come into force on the 11th day after it is delivered to the employee. Therefore, if the employee did not go to court and a copy of the decision was sent to him by mail, then he must definitely request an envelope on which the date of receipt is indicated. If the envelope has not been preserved, then it is better to call the court office and clarify the date of entry into force of the decision. It is recommended to do the same in other cases when there is doubt as to the date of entry into force of the decision.

Short-term deprivation

Let's start with a situation where the court determined that the driver's punishment was deprivation of the right to drive a vehicle for a period of two months or less. In this case, the employer is only obliged to remove the employee from the work performed - he does not have the right to fire him (Article 76 and paragraph 9 of Article 83 of the Labor Code of the Russian Federation). The further fate of the employee during the period of deprivation will depend on whether there are vacancies in the company where he can be transferred. But first things first.

So, immediately after receiving a court decision that has entered into legal force (or on the day it comes into force, if the employee brought the decision earlier), the employer must issue an order to remove the employee from work related to driving vehicles (Article 76 of the Labor Code of the Russian Federation). The State Statistics Committee has not approved a unified form for such an order, so the organization is developing it independently. As mandatory details of such an order, it is necessary to provide the data of the suspended employee (full name and position), information about the court decision by which he was deprived of his special right (name of the court, date of issue and date of entry into force, case number, full name of the judge), as well as the period of deprivation . If the employee appealed the decision of the magistrate to higher authorities, then the order must contain details of all decisions (as a rule, they are contained in the last act on the case and you can reprint the wording directly from it).

Then the order must indicate that the employee is suspended from the work he performs related to driving a vehicle. Further execution of the order depends on whether there are positions in the organization to which the suspended person can be transferred or not.

If there are vacancies

If there are vacancies, we do not make any reference to Article 76 of the Labor Code in the removal order. After all, Article 76 of the Labor Code of the Russian Federation is formulated in such a way that an order for removal on the basis of this article can be issued only if the transfer of an employee is impossible. And if there are vacancies, then it is better to issue an order for removal as follows.

The order is issued on the basis of a court decision and without reference to Article 76 of the Labor Code of the Russian Federation. The period of suspension is set as a condition - until the issue of the possibility of his transfer to another job is decided. Accordingly, the wording of the order may be approximately as follows. “In connection with the entry into force and in execution of the court decision (we indicate all the details of the decision, see above) on the deprivation of Ivanov I.I. driving license for a period of two months, suspend Ivanov I.I. from performing the driver’s labor duties for the period until the issue of the possibility of his transfer to another position is resolved.”

At the same time, separate paragraphs of the order can provide a list of positions to which transfer is possible, the period during which the employee can make a decision on the transfer, and the form in which he must express this decision. Such execution of the order will eliminate the need to prepare a separate paper and hand it over to the employee for signature, significantly speeding up the entire registration process.

We announce the prepared order to the employee against signature. If the order contains a list of positions for transfer, then it is advisable to give the employee a copy. This completes the initial registration of removal.

If in the future the employee gives written consent to the transfer, then a transfer order is issued (form No. T-5, approved by Order of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1). If he did not give such consent, or wrote a refusal to transfer, then another order of removal is issued. This time on the basis of Article 76 of the Labor Code of the Russian Federation and for the entire period of deprivation of rights.

If there are no vacancies

In this situation, we immediately issue an order to suspend the employee from work on the basis of Article 76 of the Labor Code of the Russian Federation for the entire period determined by the court.

Long-term deprivation

Let us now move on to cases of deprivation of special rights for a period of more than two months. Such a court decision may already be grounds for dismissal of an employee. True, according to paragraph 9 of Article 83 of the Labor Code of the Russian Federation, such dismissal is possible only in the case when the employee cannot be transferred to another position. So if there are no vacancies in the organization, then there is no need to formalize a suspension. In this case, a dismissal order is immediately issued (form No. T-8, approved by Order of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1) on the basis of paragraph 9 of Article 83 of the Labor Code of the Russian Federation.

If there are positions to which the “disenfranchised” can be transferred, then the suspension should be formalized. In this case, the order is issued according to the same scheme as we described earlier. The order must contain the wording “in pursuance of a court decision” and there is no need to provide a reference to Article 76 of the Labor Code of the Russian Federation. At the same time, we offer the employee a list of positions for transfer. But further actions are slightly different. If the employee consents to the transfer, then a transfer order is issued. If such consent is not given, then the second order of dismissal is no longer issued, but an order of dismissal is issued on the basis of paragraph 9 of Article 83 of the Labor Code of the Russian Federation.

Time tracking

The accountant needs to pay special attention to the correct completion of the Working Time Sheet (unified forms No. T-12 or T-13, approved by Order of the State Statistics Committee of the Russian Federation dated 01/05/04 No. 1). In this document, the period of suspension from work on the basis of Article 76 of the Labor Code of the Russian Federation is reflected as NB or 35 (suspension from work (preclusion from work) for reasons provided for by law). And periods of suspension in other cases are recorded as NP or 32 (downtime due to circumstances beyond the control of the employer or employee).

The difference, as you might guess, is in the payment. In the first case (code NB or 35), the period of suspension is not paid. In the second (code NP or 32), payment is based on two-thirds of the tariff rate or salary of the employee (Part 2 of Article 157 of the Labor Code of the Russian Federation). That is why we paid so much attention to the issue of issuing removal orders. After all, issues related to remuneration are always under the close attention of all regulatory authorities, from the prosecutor's office to the tax authorities.

Is it possible to fire a driver whose license has been revoked?

The courier was detained over the weekend for speeding and was deprived of his license pending trial, which he reported to his boss with a guilty look on Monday. He, having listened to his subordinate, went with him to accountant Katya, who also kept personnel records. And Katya, as usual, called Masha, a school friend who works as a personnel officer.

— Up to two months, you can transfer him to another job if you have a suitable vacancy and the courier is able to perform this work due to his level of qualifications and health status, or remove him from work.

- Wait wait. If we transfer, is it permanent or temporary?

— Generally, temporarily: until the court’s decision. But if it’s more convenient for you to translate it permanently, and the employee doesn’t mind...

- Yes, we have nowhere to constantly transfer. I’m not at all sure that we have any vacancies... And if we find one, and he doesn’t like the job offered, then there’s no need to save his average salary for the period of suspension?

- This is good. In the meantime, he is suspended, can we temporarily hire another employee with the wording “during the courier’s suspension”?

- You can. Tell me, is it important for you that he delivers everything by car?

- Well, it’s more convenient, especially since there is no transport coming to us. Do you suggest leaving him so he can use public transport?

— Perhaps this will be more effective than looking for a new employee for a short term. What prospects does your offender have there?

— It’s not clear: he may receive a fine or deprivation of his rights.

- In three weeks. Okay, what can we do with him now, I understand: temporarily transfer him to another position if we find him, change his working conditions or remove him if we don’t find him or doesn’t agree. Why exactly two months?

- That's what it says in the Labor Code. If a special right is deprived, without which it is impossible to perform official duties, the employee can be suspended from work for a period of up to two months if there is no possibility of transfer, and if for more than two months and again there are no vacancies for transfer, he can be dismissed under paragraph 9 of Article 83 .

- What kind of point is this?

— Just about the suspension or deprivation of a special right.

- And we use it only if we couldn’t find another use for our employee?

Clause 9 of Part 1 of Article 83 of the Labor Code allows you to dismiss an employee due to expiration, suspension of validity for a period of more than two months, or deprivation of an employee of a special right (license, right to drive a vehicle, right to carry a weapon, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee fulfilling his duties under the employment contract.

Termination of the employment contract in this case is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work of appropriate qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his state of health . In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract (Part 2 of Article 83 of the Labor Code).

If a special right is suspended (deprived, expired) for a period of up to two months, if it is impossible to transfer the employee to another job, the employer has the right to remove the latter from work (Article 76 of the Labor Code).