Peculiarities of concluding an employment contract with a driver

It is impossible to imagine running a business without logistics, which is used to deliver or exchange goods and products. That is why medium- and large-scale enterprises very often have their own logistics departments, their own transport and separate positions of drivers. If we talk about the market of passenger or cargo transportation, then in general all this activity is built on interaction exclusively with drivers.

According to the legislation of Ukraine, an employment contract must be concluded with each employee of the enterprise. In general, such employment contracts do not have special differences, requirements, etc. Job duties and rights of the employee and the employer are usually outlined in the employment contract. But when we talk about the position of a driver, there are certain peculiarities when hiring the latter. This is exactly how the requirements for applicants for this position exist. So let's take a closer look at the specifics of concluding an employment contract with a driver.

Peculiarities in hiring drivers are due to the following factors:

The vehicle is a source of increased danger

In accordance with Part 1 of Art. 1187 of the Civil Code of Ukraine , the source of increased danger is activity related to the use, storage or maintenance of vehicles , mechanisms and equipment, the use and storage of chemical, radioactive, explosive and flammable and other substances, the maintenance of wild animals, service dogs and fighting dogs rocks, etc., which creates increased danger for the person performing this activity and other persons.

According to Part 5 of Art. 1187 of the Civil Code of Ukraine , a person who carries out an activity that is a source of increased danger is responsible for the damage caused, if he does not prove that the damage was caused due to an irresistible force or the intention of the victim.

Also, according to the Law of Ukraine "On Road Traffic" , the owners of vehicles or persons who operate them are obliged to ensure timely and complete maintenance and repair work in accordance with the standards established by the manufacturers of the respective vehicles.

Therefore, compensation for damage caused due to improper use, maintenance and storage of the car will be the responsibility of the owner of the vehicle, namely the company that hires the driver.

A source of increased danger should be recognized as any activity, the implementation of which creates an increased probability of causing damage due to the impossibility of human control over it, as well as activities for the use, transportation, storage of objects, substances and other objects of industrial, economic or other purposes that have the same properties.

Responsibility of the applicant for the position to the qualification requirements

According to Part 1 of Art. 17 of the Law of Ukraine "On Road Transport" dated 04.05.2001 No. 2344-III , road transport personnel must meet the requirements defined by the legislation, in particular:

• have the required level of professional qualification;
• to ensure high-quality and safe provision of road transport services for the transportation of passengers or cargo;
• respond politely and carefully to appeals and complaints of users of road transport services.

The qualification requirements for the driver are distributed depending on the category of the vehicle that will be provided for use by the driver and the characteristics of the job functions that the worker must perform.

Therefore, first of all, the company needs to determine the category of the vehicle that will be driven by the driver and enter the position "Driver of motor vehicles" of the desired category into the staff list, for example, "Driver of motor vehicles of category B" , and only then carry out a check of the applicant's compliance with the qualification requirements for this position.

The qualification requirements for drivers of certain categories can be found in issue 69 "Automotive transport" of the Handbook of qualification characteristics of the professions of employees , approved by the order of the Ministry of Transport dated 02.14.2006 No. 136 .

For example, a category B driver drives vehicles with a gross vehicle weight limit of 3,500 kg (7,700 lb) and eight seats in addition to the driver's seat.

The following qualification requirements apply to a category B driver:

• complete secondary education;
• professional (vocational and technical) education (educational institution for training vehicle drivers). Special training according to typical training plans and training programs for drivers of category B vehicles;
• qualification attestation;
• Without work experience requirements.

General requirements for drivers of all vehicles include:

• • Having a driver's license.
  • Complete or basic general secondary education.
  • Vocational and technical education (educational institution for training truck drivers).
  • Special training according to typical training plans and training programs of the corresponding category.
  • Completion of qualification attestation

On the basis of the qualification characteristics, work instructions can be developed taking into account the specifics of the specified driver's work.

Medical examination of the candidate

After checking compliance with the qualification requirements, the candidate must undergo a medical examination, that is, he is subject to professional selection.

Professional selection is a system of occupational diagnostic examination of a person, aimed at determining the specific professions most suitable for mastering by a specific person.

Mandatory professional selection for vehicle drivers is approved in the list of jobs where there is a need for professional selection, approved by the order of the Ministry of Health of Ukraine No. 263/121 dated 09/23/94.

In accordance with item 9 of this List , jobs related to the management of land, air and water transport are subject to selection based on the following professional indicators:

1. Sensorimotor reactions.
2. Reaction to a moving object.
3. Attention.
4. Speed of attention switching.
5. Visual and auditory memory.
6. Emotional stability and feelings of anxiety.
7. Resistance to stress.
8. Orientation in space.
9. Fatigue.
10. Ability to make decisions and actions in extreme conditions.
11. Resistance to monotony.

According to Part 1 of Art. 169 of the Labor Code of Ukraine (hereinafter - the Labor Code) , the employer organizes a preliminary medical examination of the employee at his own expense, when there is a need for professional selection.

Trial

The next step in hiring a driver will be to set up a test to make sure the employee is up to the job.

According to Art. 27 of the Code of Criminal Procedure, the probationary period for drivers should not exceed one month.

The test is immediately indicated both in the application for employment and in the order for employment.

Procedure for registration for work.

If the candidate for the position of driver is suitable in terms of age, has the necessary qualifications and has no contraindications due to the state of health, then you can start applying for a job as a driver.

The future employee submits an application for employment, as well as:

• passport (other identity document);
• employment book (if this is not the first place of work);
• education document;
• a certificate from the SFS body on the assignment of an identification number (taxpayer account card);
• driver's license;
• documents confirming the passing of a medical examination;
• a military card or a certificate of registration at the conscription area.

Based on the application, an order to accept the driver is drawn up and the worker is informed of the order for signature.

In the order, it is necessary to indicate the name of the position according to the Classifier DK 003:2010 .

An employment contract with the employee is also concluded together with the hiring order. Provisions on the probationary period are additional conditions to the employment contract, therefore it is not possible to enter into an employment contract after the probationary period has expired.

This makes it possible to protect the interests of the employee at the time of the trial and gives him the opportunity to fully enjoy his rights and obligations as an employee.

As a rule, an employment contract with an employee is concluded for an indefinite period. But the legislation allows concluding an employment contract for a certain period of time ( Article 23 of the Labor Code ). At the same time, the employer must remember that a fixed-term employment contract can be concluded only if the employment relationship cannot be established for an indefinite period, taking into account the nature of the work or the conditions of its performance ( Part 2, Article 23 of the Labor Code ).

You can download a template of an employment contract with a driver and an employment order at the link . Or use the extended functionality of the system in terms of keeping a register of counterparties, generate a contract, deed, account filled with data, and sign with a qualified electronic digital signature.