The company can rent a car “together with a driver.” To do this you need to sign a lease agreement. vehicle with the crew. The “plus” from the lessor’s point of view is that he retains control over the conditions and modes of operation of the car. What benefits does the tenant receive?

The lessor can rent out a car on the terms of providing services for its management and technical operation. To do this, he enters into a rental agreement with the lessee for a vehicle with a crew. Renting with or without crew is different types rent. For each of them, the Civil Code provides its own rules.

What are the features of renting with crew? What to pay attention to when drawing up a contract? How can a tenant correctly prepare primary accounting documents?

It is important.The conclusion of civil contracts that actually regulate labor relations between an employee and an employer is not allowed (Article 15 of the Labor Code of the Russian Federation, Article 5.27 of the Code of Administrative Offenses of the Russian Federation, Article 143 of the Criminal Code of the Russian Federation).

We rent... crew

Under a lease agreement for a vehicle with a crew, the lessor (Article 632 of the Civil Code of the Russian Federation):

— provides the lessee with a car for a fee for temporary possession and use;

— provides its own services for driving a car and its technical operation.

As you can see, the agreement has two components.

The transfer and acceptance certificate must reflect the transfer from the lessor to the lessee of not only the car, but also the crew. Although this recommendation sounds “outlandish,” it should not be neglected.

The courts come to the conclusion: if the vehicle is transferred without a crew, and the lessor cannot prove that the rental object was operated with a crew, then recover from the lessee rent he will not succeed (resolution of the Federal Antimonopoly Service of the Ural District dated December 21, 2010 N F09-10614/10-С5 in case No. A76-45677/2009-18-1170/208, FAS West Siberian District dated February 17, 2011 in the case N A67-5335/2010). The fact is that the condition for the provision of management services is essential for contracts of this type (clause 1 of Article 432 of the Civil Code of the Russian Federation). And if it is not observed, the contract is considered not concluded.

This nuance deserves the closest attention of an accountant. Indeed, under continuing lease agreements, it is not necessary to draw up acts of provision of services (letter of the Ministry of Finance of Russia dated October 6, 2008 N 03-03-06/1/559). Acts of acceptance and transfer of property not only certify the rental relationship, but are also the primary accounting documents for recognizing rental expenses.

However, the composition of the crew and the personal data of its members may be reflected in a separate “transfer” document. But it must also be signed by the persons authorized by the lessor to drive the car (Article 402 of the Civil Code of the Russian Federation). This could be a work order for the tenant.

During the execution of the contract, the composition of the crew may change. The landlord must notify the tenant of this.

Operations for the transfer of personnel resemble procedures characteristic of outsourcing agreements. Indeed, paragraph 2 of Article 635 of the Civil Code directly states: crew members are employees of the lessor.

From this wording it follows that a party to a car rental agreement with a crew cannot be individual, which personally provides services for its management. In such a situation, two contracts must be concluded with an individual: one for renting a car without a crew, the second for the provision of management services. Moreover, from part of the remuneration (related to the provision of services), the lessor will have to pay contributions to compulsory social insurance.

An alternative option for formalizing relations with an individual who owns a car may be a contract of carriage (Article 785 of the Civil Code of the Russian Federation). It is less beneficial for the parties, since then contributions to compulsory social insurance will have to be paid from the entire transaction amount. But if the driver has the status of an individual entrepreneur, pay for him insurance premiums(as well as personal income tax) will not be necessary.

Let us add that an individual who does not have the status of an individual entrepreneur has the right to hire employees (Article 303 of the Labor Code of the Russian Federation). So an individual can be a full-fledged party to the contract if he entrusts his car to another driver.

Distributing responsibilities

The obligations of the parties to the agreement provided for by law are described in the table.

Responsibilities under the contract for renting a car with crew

The lessor is obligated (unconditionally):	The tenant is obliged (unless otherwise provided by the contract):	Crew members are required to obey (clause 2 of Article 635 of the Civil Code of the Russian Federation):
— maintain the proper condition of the car, including the implementation of routine and overhaul and provision of necessary supplies (Article 634 of the Civil Code of the Russian Federation);	— bear expenses arising in connection with the commercial operation of the car, incl. expenses for paying for fuel and other materials consumed during operation and for paying fees (Article 636 of the Civil Code of the Russian Federation)	— instructions of the lessor related to the management and technical operation of the vehicle; - the tenant’s instructions regarding commercial exploitation car

The lessor is obligated (unconditionally):

— maintain the proper condition of the car, including carrying out routine and major repairs and providing the necessary accessories (Article 634 of the Civil Code of the Russian Federation);

- ensure normal and safe operation a car in accordance with the rental purposes specified in the agreement (clause 1 of Article 635 of the Civil Code of the Russian Federation);

Hiring third-party personnel frees the landlord from a number of responsibilities. For example, the lessor will organize pre-trip medical examinations of drivers (Article 20 of the Federal Law of December 10, 1995 N 196-FZ “On Safety traffic"). It also provides labor protection measures, including carrying out a special assessment of working conditions (Clause 2, Article 4 of the Federal Law of December 28, 2013 N 426-FZ “On Special Assessment of Working Conditions”).

The parties determine their obligations for car insurance by contract. By default, they are assigned to the lessor (Article 637 of the Civil Code of the Russian Federation).

Tenant's responsibilities established by law and the agreement, determine the range of expenses that he has the right to take into account for profit tax purposes. For example, he will not be able to recognize the costs of repairing a rented car. This is only allowed to the lessor.

We pay contributions to compulsory social insurance

The agreement may provide that the costs of paying for the services of crew members, as well as the costs of their maintenance, are borne by the tenant (clause 2 of Article 635 of the Civil Code of the Russian Federation). Such an agreement does not indicate the existence of a contractual, including labor, relationship with the driver. Therefore, he will not have to pay contributions to compulsory social insurance for the crew (Clause 1, Article 7 of the Federal Law of July 24, 2009 N 212-FZ “On Insurance Contributions to the Pension Fund Russian Federation..."). This responsibility remains with the lessor.

The Ministry of Finance of Russia (letter dated December 1, 2009 N 03-03-06/1/780) believes that the fee under a rental agreement for a vehicle with a crew consists of two parts: a fee for renting a vehicle and a fee for services for managing this vehicle means. But such an interpretation goes beyond the scope of the law. This agreement is not mixed, containing elements of various contracts (clause 3 of Article 421 of the Civil Code of the Russian Federation): rental of a vehicle without a crew (Article 642 of the Civil Code of the Russian Federation) and paid provision of services (Article 779 of the Civil Code of the Russian Federation). This independent species agreement (which is confirmed in the resolution of the Federal Antimonopoly Service of the West Siberian District dated August 20, 2009 No. F04-4263/2009 (10662-A67-11) in case No. A67-4601/2008). Therefore, the contract price is not subject to distribution between the “elements”.

Let us emphasize: a car rental agreement with a crew implies the participation of at least three different persons - the lessor, the lessee and the driver. If the lessor and the driver are the same person, the concluded agreement requires interpretation (Article 431 of the Civil Code of the Russian Federation). And how it will be re-qualified for the purpose of calculating insurance premiums (subclause 4, paragraph 4, article 18 of the Federal Law of July 24, 2009 N 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation ...”) - depends on the specifics its execution. Arbitration practice does not “suffer” from uniformity.

Thus, in the resolution of the Federal Antimonopoly Service of the Volga Region dated November 13, 2013 in case No. A06-1300/2013, it was concluded that such transactions with individuals constituted transportation contracts. This position will result in additional contributions. But in the resolution of the Federal Antimonopoly Service of the East Siberian District dated July 25, 2013 in case No. A69-2236/2012, the judges came to the opposite conclusion - that in fact there was a property rental relationship. This interpretation does not threaten additional assessments. Finally, in the resolution of the Federal Antimonopoly Service of the Volga District dated January 15, 2013 in case No. A65-16395/2012, a third opinion was presented: with single price under the contract, insurance premiums cannot be calculated in principle (due to the lack of legal methods for distinguishing payments that differ in their intended purpose).

Conclusion: using the car owner as a crew will provide more “adventures” than “optimization” in relations with state extra-budgetary funds.

Taking into account expenses

The tenant will take into account the rent as expenses on the basis of subparagraph 10 of paragraph 1 of Article 264 of the Tax Code.

It would seem that the cost of fuel and lubricants should be classified as the cost of maintaining official transport, provided for in subparagraph 11 of the said paragraph. However, such expenses are confirmed by advance reports (subclause 5, clause 7, article 272 of the Tax Code of the Russian Federation). Meanwhile, an advance report is a document used in settlements with accountable persons (clause 4.4 of the Regulations on the procedure for conducting cash transactions with banknotes and coins of the Bank of Russia on the territory of the Russian Federation, approved by the Bank of Russia on October 12, 2011 N 373-P). But what if the crew members paid for the refueling? They are not accountable persons, so it is better to avoid financial settlements with them.

The lessee has an alternative opportunity to recognize expenses for the purchase of fuel - as part of material expenses (subclause 5, clause 1, article 254, clause 2, article 272 of the Tax Code of the Russian Federation). This option does not generate tax risks. To implement it, crew members are issued coupons for fuels and lubricants or corporate fuel cards(letter of the Federal Tax Service of the Russian Federation for Moscow dated June 30, 2010 N 16-15/068679). We recommend that these transactions be included in the contract.

The real nature of the provision of services for driving a vehicle is certified, in particular, by acts of acceptance by the tenant of services provided by the lessor's employees, waybills, and waybills (resolution of the Federal Antimonopoly Service of the East Siberian District dated September 10, 2013 in case No. A58-6582/2012 ). Moreover, the arbitrators are convinced that the preparation of waybills, waybills, and time sheets is the responsibility of the lessor of a vehicle with a crew (resolution of the Federal Antimonopoly Service of the Ural District dated December 21, 2010 N F09-10614/10-С5 in case N A76- 45677/2009-18-1170/208).

According to the author, it is not always possible to clearly distinguish between orders for technical and commercial operation. In order to avoid disagreements, it is advisable to establish the obligations of the parties regarding the preparation of primary documents in the contract.

It is profitable for companies to hire drivers with personal car, for use for various purposes. To properly register a new employee, there is a certain procedure in accordance with labor legislation. The main thing is the mandatory execution of an agreement to the contract; it must specify the possible amount of compensation payments, which is approved in the collective agreement.

List of documents

Package of documents for a future employee
Collective agreement
Application form
Employment contract form
Company documents
Employer's stamp
Labor legislation
Documents for a personal car (Power of Attorney, car registration certificate)

Procedure for getting hired

1. The completed application for working with personal transport must be accepted, it must be addressed to the head of the company and it is sent for consideration. The application must indicate the personal details of the applicant for the position and the nuances associated with it. Most often, drivers with a personal car are recruited to work as a sales representative, sales manager, or others. The name of the work may sound different, the main thing is to specify the details.

2. Next, an employment contract is concluded with the new employee. It specifies the working conditions. For specialists in trade, a salary and an additional percentage of products sold are negotiated. The contract details the nature of the work and possibly the distance of travel. The completed contract is certified by the employer’s seal and the signature of the director and the new employee.

3. In addition to the contract, an agreement is drawn up in order to establish the amount of payment for operation personal car, for official purposes. Look for employers who agree to compensate for fuel, lubricants, maintenance and Maintenance. Some companies are ready to reimburse fuel costs in full. Such a document must also be certified by both parties.

4. It is important to conclude a collective agreement or locally normative act, which states what compensation the company is ready to reimburse to its employee with a personal car for use for business purposes. It must indicate the final amount or percentage of expenses. If this big company, in which there is a trade union, then you need to take into account the opinion of its charter when you sign the contract.

5. The applicant’s work book must contain a record of what position you are being hired for, and the name of the service where the employee was assigned.

6. Every day in waybills record expenses for using a personal vehicle, indicating the route. They will help you receive compensation and the employer to take into account expenses that reduce the tax base for profits. Since the compensated funds are not subject to unified social tax and personal income tax.

From the right agreement to fruitful cooperation.

A personal driver has recently become an increasingly common occurrence in life. business man. If just a few years ago businessmen sought to hire a driver solely for the sake of meeting a certain status, today they have finally come to understand all the advantages of such a decision.

Free time for an active business person is a great value, which can ultimately be converted into some financial income. That is why spending such a precious resource on driving a car, especially in conditions constant traffic jams unaffordable luxury in large cities. You can spend this time much more efficiently back seat your car with a phone, laptop and business papers while a personal driver drives the car. Moreover, modern technologies Today, they allow you to access the Internet from almost anywhere, which makes it possible to solve various work issues even from the inside of your own car.

Today, you can hire a driver either independently by studying relevant advertisements in the media and specialized online resources, or through recruitment agencies. In the first case, finding a suitable candidate can take a lot of time, and the results of such searches are often unpredictable. This is why many businessmen prefer to hire a driver through an agency. In this case, the relatively small fee for access to the database is often fully compensated by the efficiency and quality of completing the task. In addition, the agency can select a driver who already meets certain criteria established by the potential employer (age, professional skills, desired salary, etc.). Another option for hiring a driver would be to ask your own friends and colleagues. Selecting a driver based on the recommendations of people known to the employer significantly reduces the degree of risk, however, the likelihood of selection in this way is somewhat lower than through a recruitment agency.

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Hire a driver

I am an individual entrepreneur, I hired a driver for my car for a trial period, he worked for half a month and then disappeared from my car for a week. The work stopped. With the help of the police, they found me, and I wrote a receipt for payment of my salary for half a month. After picking up the car I found out that it needed repairs. I bought spare parts at my own expense. Now the employee is threatening to go to court with the receipt. And I also sent money every day, supposedly for gasoline, but no receipts were provided.

You can recover damages in the amount of repairs from this employee within the limits of wages. As for the receipt, why should he pay a salary if the employee did not go to work and did not work? Wages (employee remuneration) are remuneration for labor; in fact, there was no labor (Article 129 of the Labor Code of the Russian Federation). Here the employee may be fired for absenteeism. That is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day (shift);

I-ip. To work you need to hire a driver with your own truck. How to formalize this correctly and what actions must be performed on my part during work?

The easiest way is to conclude a rental agreement for a vehicle with a crew.

My husband is a driver and his main income comes from his own freight decree. The fact is that he was hired to remove cement from a construction site for 400 rubles and he agreed without any suspicion of theft. The one who asked simply said that they needed to be taken out and that’s all. But in the end they were caught with 2 bags of cement. The decree was stolen from the department. And now he is accused of participating. What should we do?

You urgently need to look for a lawyer, because you will have to prove that your husband did not know that theft was being committed, in principle this is not difficult to do, of course you will have to incur some expenses and go through certain troubles, but there is no other option.

To resolve the issue, I recommend that you contact a lawyer in person if you really want quality work from a defense lawyer and to get the most satisfying result in a criminal case, it is better to conclude an agreement with a lawyer on the provision of legal assistance, with a decent payment for his work.

On December 9, 2015, we hired a lawyer. Near the school, a driver hit a child and drove away. Since then, we have often been in the hospital. The child has a circulatory disorder in the brain and VSD. registered with a neurologist since the accident itself... a lawsuit on the issue of compensation for health damage and compensation for moral damage... they paid for her services... the lawyer said in November 2016. That the court has already made a decision on our case but made a mistake... she pointed out this mistake to the court... I can’t contact her anymore... or she doesn’t pick up the phone. Or he sends an SMS “I’ll call you back later” but of course he doesn’t call! The statute of limitations expires in September... I contacted the Bar Association, I was advised to contact the Bar Association in KRASNODAR... but first find out in court whether she filed this claim at all... I was in court. Where they told me. Why didn’t this lawyer file such a claim! Tell me how I can return the money and punish the lawyer for such meanness!? Please tell me if I should demand the return of all documents related to the case. Which ones did I provide to her? and whether to inform her at all. Why am I filing a complaint against her? Where can I find a sample of such a letter?

Inna, in order to help you in your situation, you need to look at the contract or agreement that you entered into with a lawyer, what do you have in your hands? How was the payment made, do you have a receipt in hand?

Hello, you can get information about a lawyer in the register of lawyers in your region, which can be found on the Internet. When you establish which chamber your lawyer belongs to, you have the right to write a complaint against her to the Ministry of Justice, as well as a complaint addressed to the president of the chamber of lawyers through the president of the chamber of lawyers, you also have the right demand all the documents provided to your representative, as for whether a claim was submitted or a claim was filed on your behalf, you can go to the website of the court where the documents were supposedly submitted and look in the information section, paperwork, enter your last name.

Tell me how I can return the money and punish the lawyer for such meanness!? Write a complaint to the chamber and please tell me whether I should demand the return of all documents related to the case. Which ones did I provide her? Of course, they should return everything and whether to inform her at all. Why am I filing a complaint against her? Where can I find a sample of such a letter? Either write it yourself or order it from a lawyer here on the website.

If the assistance provided is of poor quality and you have an agreement with the lawyer, write a complaint to the Federal Chamber of Lawyers of the Russian Federation. A lawyer, regardless of the regional register in which information about him is entered, has the right to enter into an agreement with the principal, regardless of the latter’s place of residence or location. The essential terms of the agreement are: 1) an indication of the lawyer (lawyers) who accepted the execution of the assignment as an attorney (attorneys), as well as his (their) affiliation with the legal profession and the chamber of lawyers; 2) subject of the order; 3) the conditions and amount of payment by the principal of remuneration for the legal assistance provided or an indication that legal assistance is provided to the principal free of charge in accordance with the Federal Law “On Free Legal Assistance in the Russian Federation”; (Clause 3 as amended by Federal Law No. 326-FZ dated November 21, 2011) (see the text in the previous edition) 4) the procedure and amount of compensation for the costs of the lawyer (lawyers) associated with the execution of the order, with the exception of cases where legal assistance is provided to the client free of charge in accordance with the Federal Law “On Free Legal Aid in the Russian Federation”;

(as amended by Federal Law No. 326-FZ of November 21, 2011) (see text in the previous edition) 5) the amount and nature of the responsibility of the lawyer (lawyers) who accepted (accepted) the execution of the order. A driver with his own car is hired to deliver goods to customers and collect

Money

from them. How to draw up an agreement with him to ensure the safety of goods and funds. Draw up and conclude an agreement with him on full financial responsibility. Drawing up contracts is a paid service in the personal messages section. I want to hire a driver for

private GAZELLE

for assistance in building a house (delivery of building materials). How to properly conclude an agreement with the driver on responsibility for the car. Thank you in advance for your response.

You have the right to contact the bar association (chamber) with a complaint against this lawyer. And also with a claim for compensation for damage caused to the child’s health against the perpetrator. Good luck to you.

Hello! If you have a contract (agreement) with a lawyer, then you can contact the police with a statement of fraud. Be sure to send your complaint to the Bar Association. Good luck to you!

Hello, You should file a complaint with the Bar Association of the Krasnodar Territory and at the same time with the Investigative Committee with a statement of fraud.

I want to buy a car and hire a driver. What documents need to be completed for him to drive the car? If the driver changes, will I need to register everything again? What documents should I draw up for him as an employee (contractor agreement?) How to protect himself and draw up documents so that he is responsible for damage, accidents (his fault), for theft, and pays fines for his violations?

If the driver changes, will I need to register everything again? Register ownership in your name, then draw up a car rental agreement and include the conditions you need. We have positive experience. Call, write, we will help, e-mail: [email protected] tel.+7 923 597 77 00 Sincerely, Lawyer Konstantin Grakov, Abakan.

The company hired a driver to transport the acid, but did not warn him about the contents. It was transported in a regular cargo gazelle, the driver was stopped by traffic police and the cargo was discovered. The car was taken to a fine parking lot. Is it possible to prove the driver's innocence?

Good evening, it depends on what documents he had for the cargo and what is written in them since he was transporting a dangerous one. With respect to you, Evgeniy Pavlovich Filatov.

Help is needed! I don't want to buy big truck(5 tons) and hire a driver to work on it. Question: do I need to make documents for an individual entrepreneur (individual entrepreneur)? or it's not necessary. Where to read it.

Help is needed! I want to buy a small truck (5 tons) and hire a driver to work on it. Question: do I need to make documents for an individual entrepreneur (individual entrepreneur)? or it's not necessary. Where to read it. Hello. An individual entrepreneur is not necessary, you can open an LLC.

The individual entrepreneur provides trucking services. Patent received. A driver has been hired. Should an individual entrepreneur issue a power of attorney for the driver: Power of Attorney 1 - to receive and transfer cargo (notarized), Power of Attorney 2 - to drive a car?

1. power of attorney from the company to receive 2. enter into the insurance and issue a waybill. I hope the consultation helps you. Good luck and all the best.

A power of attorney for a car is required, because without it he will not be able to drive, and a power of attorney for receiving cargo depends on the specifics of the work.

I have an individual entrepreneur, we are engaged in cargo transportation, we hired a driver, on the second day of work he crashed the car, the driver is not officially employed, there is only an employment contract between us according to which he bears full financial responsibility for the cargo and transport, he is not going to compensate us, as we are required by law and Is it possible to recover funds for repairs? The car was restored at our own expense, no appraisal was done.

Seek damages through legal action. It is better to hire a lawyer to help and fight the case in court

We cargo owners hired an individual entrepreneur (hired vehicle) to transport roofing materials, loaded the driver with 20300, and at a weighbridge in the Rostov region, Morozovsk, he was stopped and the axles were punched. Total weight is 40 tons, vehicle weight is 16 tons, it turns out that our cargo weighs 23 tons. The IP inspector wrote out a protocol. Are we, as a cargo owner, in danger? We don't have the document yet. And what kind of law is this? Thank you in advance.

You may face a fine under the Code of Administrative Offenses or civil liability.

We want to hire a doctor for the company to conduct a medical examination of drivers, which doctor has the right to do this. I heard that a doctor must undergo training (special courses), if so, which ones?

Hello! only those who have undergone appropriate training in the production of automatic telephone exchanges on the line.