Driver's working day according to the Labor Code

Work and rest schedules for drivers in 2019

In the Russian Federation, there are several documents that define the requirements for drivers and their employers (or employers) in terms of compliance with work and rest schedules. Every fleet manager and all employees involved in vehicle management must be aware of the provisions of these legislations.

Normative base

The main Russian document regulating labor issues in all areas is the Labor Code. Section IV of Part III of the Labor Code of the Russian Federation presents the basic concepts, rights and obligations relating to operating conditions. Section V of Part III of the Labor Code of the Russian Federation formulates the conditions for the rest regime.

Details of labor regulation for transport workers are listed in Chapter 51 of Section XII of Part IV of the Labor Code of the Russian Federation. In the same chapter, Article 329 states that specific features of the work and rest regime for drivers are established by the federal authority responsible for transport, that is, the Ministry of Transport.

Detailed requirements for compliance with labor regulations in transport are specified in Order of the Ministry of Transport of Russia dated August 20, 2004 No. 15 “On approval of the Regulations on the peculiarities of the working hours and rest periods of car drivers.” The last changes to this document were made in 2018.

If we are talking about international transport, then the rules of the AETR - the European Agreement concerning the work of crews of vehicles engaged in international road transport (Articles 6-8) - have priority.

Basic Rules

Order No. 15 of the Ministry of Transport establishes two options for recording the working time of drivers: daily and summarized with an accounting period of one month.

— With daily accounting, the working hours of drivers cannot exceed 40 hours per week. For drivers working 5 days a week with 2 days off, the duration of daily work (shift) cannot exceed 8 hours, and for drivers working 6 days a week with 1 day off - 7 hours.

— With cumulative accounting, driving time during a shift can be increased to 10 hours, but no more than 2 times a week. In this case, the total duration of driving in a week cannot exceed 56 hours, and in two weeks in a row - 90 hours.

When working overtime, the duration of the shift can be increased to 12 hours, but overtime work should not exceed 4 hours for each driver for two days in a row and 120 hours per year.

No later than after four hours of driving, the driver is required to take a rest break of at least 15 minutes. In the future, such breaks will be provided no more than every 2 hours.

In the middle of the work shift, drivers are given a break for rest and food lasting no more than 2 hours and no less than 30 minutes.

If the daily work duration established by the shift schedule is more than 8 hours, the driver may be provided with two breaks for rest and food with a total duration of no more than 2 hours and no less than 30 minutes.

The document contains various clarifications and amendments, depending on the characteristics of transportation. Certain provisions of the order can only be implemented in agreement with the drivers and the trade union. For an accurate understanding of all aspects, be sure to study the full text of Order of the Ministry of Transport No. 15.

Control and fines

As is known, to monitor compliance with work and rest schedules, freight and passenger carriers are required to install tachographs. The requirements for these devices are set out in Order of the Ministry of Transport No. 36, and the procedure for equipping various types of vehicles is prescribed in Order of the Ministry of Transport No. 273.

If transport of categories N and M does not have a tachograph and there is no control over compliance with R&O, then this may entail fines in accordance with Article 11.23 of the Code of Administrative Offenses of the Russian Federation (“Driving a vehicle or putting a vehicle on the line for the transport of goods and (or) passengers without technical means control, violation of the work and rest regime by a person driving a vehicle for transporting goods and (or) passengers”).

Also, the employer and officials face sanctions in accordance with Article 5.27 of the Code of Administrative Offenses of the Russian Federation (“Violation of labor legislation and other regulatory legal acts containing labor law norms”).

Upcoming changes

At the beginning of this year, the Ministry of Transport took the initiative to introduce a section into the traffic rules entitled “Norms for driving and rest time.” This is largely due to the fact that from November 1, 2019, tachographs will become mandatory for individuals driving trucks over 3.5 tons and buses over 8 passenger seats (Federal Law No. 386).

It is proposed to consolidate the following rules:

driving during the day - no more than 9 hours;
mandatory breaks - 45 minutes every 4.5 hours, or two breaks of 15 and 30 minutes;
rest for drivers - at least 11 hours a day;
total driving time during a week - no more than 56 hours, within two weeks - no more than 90 hours;
as an exception, you can drive the vehicle non-stop for 10 hours, but no more than 2 times a week.

In parallel with this, the State Duma is discussing a bill to tighten penalties for the absence of a tachograph and non-compliance with R&D. If the amendments are adopted, the following fines will appear in Article 11.23 of the Code of Administrative Offenses:

driver - from 3 to 5 thousand rubles;
officials - from 7 to 10 thousand rubles;
legal entity and individual entrepreneur - from 20,000 to 50,000 rubles, or suspension of activities for up to 90 days.

Most likely, all these changes will come into force, either as proposed or in an adjusted form. It would not be out of place to say that working without a digital tachograph will become completely impossible. Therefore, entrepreneurs and legal entities who have not installed tachographs or use outdated analog models should quickly tackle this issue.

Let us remind you that for proper operation of tachographs, driver and company cards, card readers, programs for downloading/storing data and various consumables are required. And for more effective control and cost reduction, it is recommended to ensure the transfer of data from the tachograph to the transport monitoring system.

Driver's working day according to the Labor Code

Card for a tachograph without CIPF according to order 720 (without PIN code).

It is necessary to send a scanned copy of the documents:
- passport;
- driver's license;
— SNILS;
— TIN;
- photo for documents (without corner)

one of the ways:
email: [email protected]
Viber: 89090408054
WhatsApp: 89090408054
Telegram: 89090408054

The specifics of work suggest that the driver’s working day includes not only the time of direct driving, but also accompanying periods:

special breaks for rest from driving;
time for preparatory and final work before leaving and after returning to the organization, for intercity transportation - the time allotted for the necessary work at the point of turnover;
time for medical pre- and post-trip examination of the driver;
parking at cargo loading/unloading and passenger pick-up/drop-off points;
downtime that occurred through no fault of the driver;
the time required to eliminate breakdowns and malfunctions detected along the route that do not require disassembling the mechanisms or towing them to a car service center;
the time of protection of cargo and vehicle while parked at final and intermediate points during intercity transportation if such duties are provided for in the employment agreement (contract) concluded with the driver;
for long-distance routes, when two drivers go on a trip, the time the second driver spends at the workplace when he is not directly driving the car.

That is, if the driver has a seven-hour working day, then it includes medical examinations before and after leaving for the trip, and intermediate breaks for rest, and time for loading/unloading.

cargo security time - at least 30%;
the time of the second driver when he is not driving the vehicle is at least 50%.

Example. The driver receives the task of picking up building materials from the warehouse, delivering them to a separate unit in another city and returning to the garage.

Legislation allows drivers to increase their work shifts to 10 hours a day. In exceptional cases, the driver can work up to 12 hours at a time, while the total time behind the wheel should not exceed nine hours.

Order of the Ministry of Transport of Russia dated May 3, 2018 No. 170, mentioned above, edited the list of such situations. From June 5, 2018, drivers can work up to 12 hours:

— on regular city and suburban routes (clause 11 of the Regulations);
— on intercity transportation, when the driver must be given the opportunity to get to a place of rest (clause 10 of the Regulations);

on transportation for healthcare institutions, public utility organizations, telegraph, telephone and postal communications, broadcasters of all-Russian compulsory public television channels and radio channels, a communications operator carrying out on-air digital terrestrial broadcast of all-Russian compulsory public television channels and radio channels, emergency services, on technological transportation without access to automobiles public roads (clause 12 of the Regulations);
on transportation for state authorities and local self-government in company cars (clause 12 of the Regulations);
during transportation in special collection vehicles (clause 12 of the Regulations).

Old and new requirements for drivers’ work and rest schedules

The editors of the magazine receive many questions about the procedure for regulating the work of drivers, especially in terms of determining working hours. We have prepared detailed material in which you will find the basic rules and the latest legislative changes.

Normative base

The main documents that regulate the work of employee drivers are the Labor Code of the Russian Federation and the Regulation “On the peculiarities of working hours and rest time for car drivers,” approved by Order of the Ministry of Transport of the Russian Federation dated August 20, 2004 No. 15 (hereinafter referred to as the Regulation). The latest changes to the Regulations were made by Order of the Ministry of Transport of Russia dated May 3, 2018 No. 170, which came into force on June 5, 2018. We will also be sure to talk about these changes below.

The documents concern not only enterprises specializing in the transportation of goods and/or passengers. They also determine the rights and obligations of any drivers who work under an employment contract on cars owned by organizations, regardless of the form of ownership, including individual entrepreneurs (clause 2 of the Regulations). The exceptions are drivers on international flights and shift drivers.

Time tracking methods

Depending on the specifics of the drivers’ work, an enterprise can use one of two methods for recording working hours:

Daily recording of drivers' working hours - if the work shift does not exceed the norm given in the Labor Code of the Russian Federation - 40 hours per week, that is, for a five-day week it is eight hours, for a six-day week - seven hours.
Summarized recording of drivers' working hours - if there is a production need to extend the work shift. In this case, the total time worked should not exceed the norm for the month. An extension of a shift beyond the norm established by the Labor Code of the Russian Federation must be agreed upon by the employer with a trade union or other elected body.

Driver working hours

The specifics of work suggest that the driver’s working day includes not only the time of direct driving, but also accompanying periods:

special breaks for rest from driving;
time for preparatory and final work before leaving and after returning to the organization, for intercity transportation - the time allotted for the necessary work at the point of turnover;
time for medical pre- and post-trip examination of the driver;
parking at cargo loading/unloading and passenger pick-up/drop-off points;
downtime that occurred through no fault of the driver;
the time required to eliminate breakdowns and malfunctions detected along the route that do not require disassembling the mechanisms or towing them to a car service center;
the time of protection of cargo and vehicle while parked at final and intermediate points during intercity transportation if such duties are provided for in the employment agreement (contract) concluded with the driver;
for long-distance routes, when two drivers go on a trip, the time the second driver spends at the workplace when he is not directly driving the car.

That is, if the driver has a seven-hour working day, then it includes medical examinations before and after leaving for the trip, and intermediate breaks for rest, and time for loading/unloading.

Important! Some periods may not be fully counted:

cargo security time - at least 30%;
the time of the second driver when he is not driving the vehicle is at least 50%.

Example. The driver receives the task of picking up building materials from the warehouse, delivering them to a separate unit in another city and returning to the garage.

Period

Actual time

Work time

8 hours 40 minutes

Periods of work and rest

Order of the Ministry of Transport of Russia dated May 3, 2018 No. 170, which we discussed at the beginning of the article, edited the list of such situations. From June 5, 2018, drivers can work up to 12 hours:

— on regular city and suburban routes (clause 11 of the Regulations);

— on intercity transportation, when the driver must be given the opportunity to get to a place of rest (clause 10 of the Regulations);

on transportation for healthcare institutions, public utility organizations, telegraph, telephone and postal communications, broadcasters of all-Russian compulsory public television channels and radio channels, a communications operator carrying out on-air digital terrestrial broadcast of all-Russian compulsory public television channels and radio channels, emergency services, on technological transportation without access to automobiles public roads (clause 12 of the Regulations);
on transportation for state authorities and local self-government in company cars (clause 12 of the Regulations);
during transportation in special collection vehicles (clause 12 of the Regulations).

Please note: trips on firefighting and rescue vehicles have been removed from clause 12 of the Regulations.

If there is a need to extend the trip for more than 12 hours, two drivers must be sent on the trip. They are assigned a shift work schedule.

The legislation not only regulates working hours, but also guarantees drivers mandatory rest periods:

Meal break. Occurs during the working day and can last from 30 minutes to two hours. If the total duration of the shift is more than eight hours, there may be two such breaks - the main thing is that their total duration is no more than two hours.
Rest between shifts. Its duration depends on the length of the working day. Rest between shifts should not be less than double the work shift. At the same time, we remind you that a work shift includes not only travel time, but also preparatory work, loading/unloading, etc. For example, with a shift duration of seven hours, rest between shifts must be at least 14 hours.
Weekend. They cannot be less than 42 hours and must be provided before or after inter-shift rest. When recording working hours in total, the number of days off in the current month cannot be less than the number of full weeks of this month.

Example . With a standard five-day work week and a shift length of eight hours, rest time on a day off cannot be less than 42 + 16 = 58 hours.

In addition, for intercity drivers, after the first four hours of continuous driving of a vehicle, a special rest break of at least 15 minutes is provided. And then similar breaks should be repeated at least every two hours. If previously the obligation to provide short periods of rest fell on employers, then in the latest Order No. 170, legislators changed the wording. According to the new version of clause 19 of the Regulations, drivers themselves must comply with the requirements for special rest periods.

Driver work schedule and other documents

Maintain drivers' working hours in Kontur.Personnel

— comply with the work and rest regime for drivers established by Russian legislation;

— equip vehicles with technical control devices that provide continuous, uncorrected recording of information about the speed and route of movement of vehicles, about the work and rest schedule of vehicle drivers (tachographs).

New requirements for organizing the work and rest schedule of drivers in 2020

The rules for establishing work schedules have always been regulated by the Labor Code of the Russian Federation. However, in 2020, the features of organizing the work and rest schedule of drivers have changed somewhat. The innovations were enshrined in the order of the Ministry of Transport.

Employers need to familiarize themselves with these changes in order to avoid receiving fines for improperly organized labor processes, and drivers should know their rights under the new standards.

New requirements for the organization of work and rest for drivers in 2020 by order of the Ministry of Transport

The working relationship of Russian citizens with their employers is established in the Labor Code. In section 4 of this document you can familiarize yourself with the standards that relate to the organization of labor time frames. Everything related to the working conditions of carriers can be found in Chapter 51 of the Labor Code.

In general, the rules for drawing up work schedules for transportation workers are regulated in Order No. 15, which the Ministry of Transport issued in 2004. However, on 05/03/2018, changes appeared, which came out under number 170.

Workers of fire and rescue services have been added to the chapter on categories of drivers, whose regime may differ. It was also clarified that a 12-hour work shift can only be assigned if the total number of working hours per week does not exceed acceptable labor standards.

Principles for drawing up a work schedule

There are several options for organizing the work of carriers. However, with each of them, it is worth taking into account not only the actual driving time, but also all the accompanying responsibilities of the employee:

one shift is a maximum of 10 hours (and cannot last longer);
the schedule should take into account time for breaks (there should be several of them during the day);
Lunch is considered a separate type of break.

Daily accounting

This type of time tracking implies a stable legal work schedule: 8 hours, 5 days a week. In total, this is 40 hours of work within one week, which complies with the law.

If the company has a six-day schedule, the shift length is defined as 7 hours. In this case, not only continuous driving, but also a primary medical examination, breaks and other professional duties of the driver are counted in the shift.

Summarized accounting

With this format of work organization there is no set schedule. Shifts may be longer than standard, and pay is based on how much the driver works during the month. However, this does not mean that the employer can make shifts longer than permitted by law, thereby exceeding the driver's total work hours.

Driver working time and driving time

During the entire work shift, the carrier can be directly behind the wheel of a car for no longer than 9 hours. If we are talking about driving transport in difficult climatic conditions or the essence of the work is transporting heavy loads in large vehicles, the shift should last 8 hours.

Example of a driver shift schedule

An increase in driving time is only possible for city bus drivers if their shift duration is calculated using a summation system. City transport employees have no upper limit on how long they can work.

Irregular working hours

Legislation allows this method of organizing work if the total working time is no more than 40 hours per week. An irregular schedule may be provided to drivers of cars and expedition buses. In this case, an irregular day can only be accepted with the consent of the employees.

General table of work and rest breaks for drivers in 2020

Although each company has its own operating hours, there are some general rules. A carrier’s balanced working day should include the following periods:

Features of scheduling a bus driver

The schedule is drawn up by the employer on a monthly basis. The schedule should include the start and end times of the shift, lunch breaks and weekly days off. The schedule must take into account the duration of the shift, because the amount of rest time for each employee depends on this.

It is worth noting that schedule standards will differ for carriers of different categories, for example, suburban and urban routes, and in different climatic conditions, but it is important that the break is no later than 5 hours from the start of work.

Work and rest schedule of a truck driver according to tachograph and fines

A tachograph is a special device that must be installed in vehicles to monitor the driver’s working time. Its application is regulated by Orders of the Ministry of Transport No. 36 of January 30, 2013 and No. 273 of August 21, 2013, as well as amendments of March 2, 2018.

The absence of a tachograph in a vehicle or its malfunction will entail a fine for the driver in the amount of 1-3 thousand rubles. He must pay the same fine for violating the schedule. The offender’s management will have to pay 5-10 thousand rubles.

The device monitors to ensure that the carrier does not drive for more than the allotted time. In addition, the tachograph can track the route and speed of the vehicle.

To track a specific driver, you need to make a special card for him. Every time he starts or finishes a job, he must insert or remove it from the device. Thus, the tachometer should show that the driver spends no more than 10 hours behind the wheel, during the day he had a break of at least half an hour, and rest between shifts was at least 11.

Driver's Guide

General rest regime

Rest time is also controlled. The employer must provide the carrier with three types of rest:

lunch break;
intershift;
standard weekly day off.

The duration of these types of rest depends on the working conditions at the enterprise.

Rest and eating

A standard lunch break ranges from 30 minutes to 2 hours. There are no mandatory rules regarding the duration of lunch. The only subtlety is that drivers working more than 8 hours can receive 2 breaks during the working day.

Break between shifts

The time between shifts depends on what method of working time recording is introduced in the company. If the scheme is standard, then the duration of rest between going to work should be 2 hours longer than the shift.

The break time may be shorter for drivers of city and intercity transport. For an employee who makes regular transportation around the city, the break between shifts 1 and 2 can be 9 hours, but between shifts 3 and 4 a rest period of two days is required. The rest period for intercity transport drivers can be 11 hours, which can be divided into several stages.

Continuous weekly rest

The driver's weekly rest period must be at least 42 hours. At this time, rest between shifts is not taken into account. If the company provides a cumulative regime, days off can be assigned on different days.

Management must ensure that the number of days of continuous rest is no less than the number of weeks in a month.

Thus, every driver must require at least 1 day off per week.

Special breaks

From 06/05/2018, all drivers have the right to so-called special breaks during work. The duration of one pause is 15 minutes. The opportunity to rest is given first after 4 hours of continuous work, and then after every 2-hour period of time throughout the working day. When a special break and lunch time overlap, the time is not summed up.

Features of the drivers' operating mode

The work of a driver is an activity with a high level of danger. The central place in its organization is occupied by the work and rest regime. Why is this so important? A driver who is not rested enough has a greater risk of getting into an accident. His work becomes less efficient.

Regulatory rationale

The activities of drivers are regulated by the Labor Code of the Russian Federation and the Regulations “On the time schedule of bus drivers”, established by Order of the Ministry of Transport No. 15 of August 20, 2004. On June 5, 2018, changes were made to the Regulations. The changes were established by Order of the Ministry of Transport No. 170.

The regulations are relevant for any employer who employs drivers. This can be either a large industrial enterprise or an individual entrepreneur. There is only one exception - specialists employed on international flights or on rotational work. Separate regulations apply to them.

What exactly is included in working hours?

A driver’s working time is not only periods directly related to driving a car. These are also the following periods of time:

Breaks during the work shift, which are needed for rest from driving the vehicle.
Time to prepare for work and to complete it. This period is intended to prepare the car for the trip and so on.
Inspection before and after the trip.
Stopping at loading areas.
Downtime caused by no fault of the employee.
Time to eliminate breakdowns that occurred during a work trip.
Time of protection of cargo and vehicle during parking at point A and point B, if the corresponding provision is specified in the contract.
If this is a long-distance flight and there are two employees on it, the working period includes the time during which the second driver was driving.

If a specialist’s day is 7 hours, this does not mean that the person works all 7 hours. This time includes breaks, inspections, and stops at unloading points.

It is important to note that a number of the listed periods of time are not fully taken into account when determining the regime. Proportions when counting periods:

Cargo security – at least 30%.
Driving the vehicle by the second driver is at least half.

All these nuances must be taken into account when determining the operating mode.

Let's look at the calculation of labor duration using an example:

The length of the working day is specified in the employment agreement. It is taken into account when determining salaries.

Work and rest periods

An employer can extend an employee's shift to 10 hours a day. Sometimes a shift can last up to 12 hours. However, in this case, the total driving time should not exceed 9 hours. This time cannot be increased. If the driver continuously drives for more than 9 hours, this will reduce his concentration. And this can lead to an accident. 12 hours is an exceptional case. Order of the Ministry of Transport No. 170 dated May 3, 2018 stipulates the circumstances in which the working day can be increased:

A person is busy on city routes (clause 11 of the Regulations).
The person is engaged in international transport (point 10).
Transportation related to the needs of healthcare, utilities, and postal institutions.
Travel in official vehicles related to the needs of government agencies (clause 12).
Work on collection vehicles.

Previously, this list included transportation by firefighting and rescue vehicles, but now they are excluded from the Regulations.

ATTENTION! Sometimes there is a need for a flight longer than 12 hours. For example, this could be a trip to a distant city. What to do in this case? Two drivers must be sent on the trip. They will work in shifts.

Additional features

The driver's day can be divided into 2 parts. This is true, for example, for drivers of city routes. However, working hours in total should not exceed the maximum duration (9 hours).

In order No. 170 in 2018, an additional restriction appeared. In particular, the total amount of hours spent driving a car should not exceed 56 hours per week. Previously, the limit was 90 hours in 2 weeks.

Rest periods

Regulations establish the need for rest for drivers. In particular, these are the following time periods:

Lunch break. Available during business hours. Its duration is 30 minutes – 2 hours. If the shift is longer than 8 hours, two meal breaks may be approved. However, their total duration should be no more than 2 hours.
Break between shifts. Its duration is determined by the length of the working day. The break between shifts is at least 200% of the shift. For example, a shift is 8 hours. The break in this case should be at least 16 hours.
Weekend. Make up at least 42 hours. If summarized time tracking is used, the number of days off must be no less than the number of full weeks in a month. For example, the number of weeks is 4. In this case, the minimum number of days off is 4 days.

Specific working conditions require additional time for rest. For example, it is provided for international flights. In this case, the driver must have a break of 15 minutes after every 4 hours of continuous driving. And this provision is new for 2018. Previously, it was the employer's responsibility to provide such breaks. Now drivers must organize them themselves. The wording was changed in Order No. 170.

Approval of work schedule

All features of the work and rest regime are recorded in the documentation. In particular, the Internal Regulations are used for this purpose. It is on the basis of these rules that an employment agreement with an employee is drawn up. This document must also indicate the mode of operation. If the schedule is irregular, this must also be indicated in the employment contract.

The employer must approve the drivers' work schedule every month. It contains this information:

Work days.
Shift start and end times.
Time for breaks and lunches.

All documentation must be drawn up on the basis of Order of the Ministry of Transport No. 15 of August 20, 2004. This Order introduced a number of changes to the Regulations, as well as to the Labor Code of the Russian Federation.

Responsibility for violating the driver's working conditions

The employer is obliged to equip vehicles with tachographs. These are special devices that allow you to continuously record data on speed, route, work and rest hours. If there is no tachograph, liability is imposed on the basis of Article 11.23 of the Code of Administrative Offenses of the Russian Federation:

The absence of a tachograph, if its installation is required, or the device is inoperative. The fine will be 1,000-3,000 rubles for citizens, 5,000-10,000 rubles for officials.
Violation of labor regulations - a fine of 1,000 to 3,000 rubles.

In the latter case, the fine is paid by the driver. Punishment can be imposed within 2 months from the date of commission of the offense.