Truck driving is a demanding and potentially risky profession. Therefore, having a clear, comprehensive, and legally compliant employment contract is crucial to protect the rights of both employees and employers. This article provides detailed information about employment contracts for truck drivers, including legal regulations, illustrative examples, and essential considerations.
Key Contents of a Truck Driver Employment Contract
A truck driver’s employment contract should include the following key contents:
1. Working Hours and Rest Periods
- Truck drivers’ working hours must not exceed 8 hours per day and 48 hours per week.
- Drivers must have rest periods between shifts and are entitled to at least one day off per week.
- It is necessary to clearly specify the maximum continuous driving time and mandatory rest periods for long-haul routes.
- Agreements on overtime work and any associated allowances (if applicable) should be included.
2. Salary and Allowances
- The basic salary must be clearly stated in the contract and must not be lower than the regional minimum wage stipulated by the State.
- Allowances such as fuel, meal, travel, and responsibility allowances need to be specifically agreed upon.
- Regulations regarding bonuses and periodic salary increases should be clearly stated in the contract.
3. Social Insurance, Health Insurance, and Occupational Accident Insurance
- Employers are obligated to pay social insurance, health insurance, and occupational accident insurance for drivers in accordance with the law.
- The contract should clearly state the responsibilities of each party in implementing insurance regulations.
4. Annual Leave and Other Benefits
- Drivers are entitled to annual leave according to regulations (12 days per year).
- Regulations on sick leave, maternity leave, bereavement leave, etc., should be clearly defined.
- Other welfare benefits such as periodic health check-ups, housing support, professional development training, etc., may be added to the contract.
Example Illustration
A transportation company signs an employment contract with a truck driver, which stipulates:
- Basic salary: VND 8 million/month.
- Fuel allowance: VND 2 million/month.
- Meal allowance: VND 500,000/month.
- Working hours: Shifts, 8 hours/day, 1 day off/week.
- Full social insurance, health insurance, and occupational accident insurance coverage.
- Annual leave: 12 days/year.
Important Considerations When Signing a Truck Driver Employment Contract
- Read the contract carefully: Before signing, drivers should carefully read all terms and conditions in the contract, especially those related to their rights and obligations.
- Agree clearly: All agreements must be clearly and specifically stated in the contract to avoid future disputes.
- Comply with the law: The contract must comply with current labor laws.
- Keep the contract: After signing, both parties should keep a copy of the contract carefully.
Legal Basis
- Labor Code of 2019.
- Law on Social Insurance of 2014.
- Decree No. 145/2020/ND-CP guiding on labor contracts.