The working time regime for employees of the internal affairs department is established. How long does the additional leave in the Ministry of Internal Affairs last - the duration of the rest of the police officers for various reasons. Judicial practice on

In accordance with part 5 of article 53 and part 5 of article 58 of the Federal Law of November 30, 2011 No. 342-FZ "On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" - I order:

2. Establish that:

2.1. An irregular working day may be established for employees of the internal affairs bodies of the Russian Federation who fill the positions specified in, by order of the Minister of Internal Affairs of the Russian Federation, the head (chief) of a unit of the central apparatus of the Ministry of Internal Affairs of Russia, a territorial body of the Ministry of Internal Affairs of Russia, educational, scientific, medical organization of the system of the Ministry of Internal Affairs of Russia , as well as other organizations and divisions created to carry out tasks or exercise the powers assigned to the internal affairs bodies of the Russian Federation.

2.2. Additional leave for irregular working days is provided to employees annually in accordance with the vacation schedule simultaneously with the main vacation or separately from it at the request of the employee on the basis of his report.

2.3. The right to additional leave arises for an employee regardless of the actual duration of his service in excess of the normal length of service time established for him.

2.4. The duration of the additional leave in the year of the employee's admission to service in the internal affairs bodies of the Russian Federation is determined by multiplying one twelfth of the additional leave by the number of full months that have passed from the beginning of service in the internal affairs bodies of the Russian Federation until the end of the current calendar year.

2.5. An employee who has not exercised his right to additional leave during the period specified in the vacation schedule should be granted additional leave at a convenient time for him before the end of the current year or during the next year.

3. Grant additional leave of the following duration:

3.1. Employees replacing the positions of managers (chiefs) from among the positions of the highest commanding staff - 10 calendar days.

3.2. Employees replacing the positions of managers (chiefs) from among the positions of senior commanding personnel - 9 calendar days.

3.3. Employees replacing the positions of privates and commanding personnel specified in the attached - 7 calendar days.

4. Heads (chiefs) of divisions of the central apparatus of the Ministry of Internal Affairs of Russia, territorial bodies of the Ministry of Internal Affairs of Russia, educational, scientific, medical organizations of the system of the Ministry of Internal Affairs of Russia, as well as other organizations and divisions created to perform tasks and exercise powers assigned to the internal affairs bodies of the Russian Federation, in the event that a decision is made to establish an irregular working day for employees by February 1, 2017, issue appropriate orders to establish an irregular working day.

5. To recognize as invalid the order of the Ministry of Internal Affairs of Russia dated September 6, 2012 No. 849 "On additional leave for irregular working days for employees of the internal affairs bodies of the Russian Federation."

6. Control over the implementation of this order shall be entrusted to the Deputy Ministers responsible for the activities of the relevant divisions.

_____________________________

* (1) Collected Legislation of the Russian Federation, 2011, No. 49, Art. 7020; 2016, no. 27, art. 4233.

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positions in the internal affairs bodies of the Russian Federation, upon replacement of which the employees of the internal affairs bodies of the Russian Federation may be assigned an irregular working day

1. Chief Inspector of the Ministry of Internal Affairs of the Russian Federation.

2. Assistants to the minister (chief).

3. Positions of all titles:

in the offices of the Minister of Internal Affairs of the Russian Federation and Deputy Ministers of Internal Affairs of the Russian Federation;

subdivisions for the operational management of forces and means of the internal affairs bodies of the Russian Federation, including the units on duty;

divisions of the criminal investigation department;

drug control units;

operational search divisions;

divisions of special technical measures;

subdivisions of operational-search information;

subdivisions of their own security;

units for countering extremism;

units of economic security and anti-corruption;

divisions to ensure the safety of persons subject to state protection;

subdivisions for combating criminal encroachments on cargo;

divisions to ensure the security of major international, sports and other public events;

investigative units;

forensic experts;

divisions of district police officers;

divisions for the organization and implementation of administrative supervision;

units for juvenile affairs, including units for the temporary detention of juvenile offenders;

subdivisions of the organization for the application of administrative legislation and subdivisions for the implementation of administrative legislation;

units for the protection and escort of suspects and accused;

temporary detention facilities for suspects and accused;

special receivers for the detention of persons subject to administrative arrest;

special institutions for the temporary detention of foreign citizens;

units of the patrol and guard service;

units for the protection of diplomatic missions and consulates of foreign states;

divisions for the organization of the protection of public order (including directions);

migration units;

units for road safety (with the exception of positions in the territorial bodies of the Ministry of Internal Affairs of Russia: in the combat units of the traffic police of the traffic police, centers (groups) for automated recording of administrative offenses in the field of traffic police, traffic police information departments, as well as in inter-district traffic police information support departments) ;

subdivisions of inquiry (organization of inquiry);

units for interaction with

law enforcement agencies of foreign states - members of the International Criminal Police Organization - Interpol and with the General Secretariat of Interpol;

subdivisions of information technology, communications and information protection;

subdivisions of information centers;

divisions for work with personnel;

legal, financial, organizational and staff, control and revision, staff, cynological units;

subdivisions of logistic support, medical organizations, office work and regime;

units for interaction with civil society institutions and the media;

divisions of international cooperation and protocol;

engineering and sapper departments;

inspections;

educational organizations under the jurisdiction of the Ministry of Internal Affairs of Russia.

Document overview

In 2016, an irregular working day was established for the police officers filling senior and senior management positions. In addition, it was stated that for employees holding other positions, an irregular working day can be established by order of the head of the federal executive body in the field of internal affairs or an authorized head in accordance with the relevant list of positions.

In this regard, this list has been updated. So, it included the Chief Inspector of the Ministry of Internal Affairs of Russia, as well as assistants to the minister (chief).

In addition, the list includes the positions of all the names of the drug control units; on migration issues; units for the protection and escort of suspects and accused; information technology, communication and information protection, etc.


Here You Will Find Everything! Laws, Codes, Statutes and the Constitution of the Russian Federation.

... Laws of the Russian Federation. RF Codes. RF Charters. Constitution of the Russian Federation ... Samples of documents of the Russian Federation.

Federal Law "On Police" of the Russian Federation

Return Article 37. Peculiarities of the official hours of police officers

1. For police officers, the normal duration of service time shall not exceed 40 hours per week.

2. Police officers, if necessary, may be involved in the performance of official duties in excess of the established duration of weekly service time, as well as at night, on weekends and non-working holidays in the manner determined by the federal executive body in the field of internal affairs.

3. The performance by a police officer of official duties in excess of the established duration of weekly service time, as well as at night, on weekends and non-working holidays, shall be compensated by granting him a rest of the corresponding duration on other days of the week. In the event that the provision of such rest is not possible, the time for performing official duties in excess of the established duration of the weekly service time, as well as at night, on weekends and non-working holidays, is summed up and the police officer is provided with additional rest days of the corresponding duration, which, at his request, can be added to the annual paid leave. At the request of the police officer, instead of providing additional rest days, he may be paid monetary compensation.

4. The procedure for providing a police officer with additional rest, additional days of rest and the procedure for payment of monetary compensation provided for by part 3 of this article shall be determined by the federal executive body in the field of internal affairs.

5. During the period of martial law or a state of emergency, during a counter-terrorist operation, in an armed conflict, during the elimination of the consequences of accidents, natural and man-made disasters and other emergencies, it is allowed in the manner determined by the federal executive body in the field of internal affairs, for a period of not more than six months during a calendar year, changing the regime of the police officer's service time, imposing additional duties on him, sending him to another location, temporary transfer to another unit without changing the nature of the service, as well as establishing other special conditions and additional restrictions without consent police officer.

Registration N 25640

In accordance with part 5 of article 53 and part 5 of article 58 of the Federal Law of November 30, 2011 N 342-FZ "On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" 1 - I order:

1. Establish that:

1.1. Additional leave for irregular working day 2 is provided to employees of the internal affairs bodies of the Russian Federation 3

annually in accordance with the vacation schedule simultaneously with the main vacation or separately from it at the request of the employee on the basis of his report.

1.2. The right to additional leave arises for an employee regardless of the actual duration of his service in excess of the normal length of service time established for him.

1.3. The duration of additional leave in the year of the employee's admission to service in the internal affairs bodies of the Russian Federation is determined by multiplying one twelfth of the additional leave by the number of full months that have passed from the beginning of service in the internal affairs bodies of the Russian Federation until the end of the current calendar year.

1.4. In the order on granting an employee vacation, the number of days of additional vacation is indicated on a separate line.

1.5. An employee who has not exercised his right to additional leave during the period specified in the vacation schedule should be granted additional leave at a convenient time for him before the end of the current year or during the next year.

1.6. Additional vacation is set for the following duration:

1.6.1. Employees holding senior management positions - 10 calendar days.

1.6.2. Employees who fill the positions of senior command personnel - 9 calendar days.

1.6.3. Employees replacing the positions of rank and file, junior and middle commanding personnel specified in the attached List, and for whom an irregular working day is established by the rules of the internal office routine, - 7 calendar days.

2. To approve the attached List of positions of rank and file, junior and middle commanding personnel, upon replacement of which the employees of the internal affairs bodies of the Russian Federation may be assigned an irregular working day.

3. Control over the implementation of this order shall be entrusted to Deputy Minister S.А. Gerasimov.

police lieutenant general

V. Kolokoltsev

1 Collected Legislation of the Russian Federation, 2011, N 49, Art. 7020.

Application

The list of positions of rank and file, junior and middle commanding personnel, upon replacement of which the employees of the internal affairs bodies of the Russian Federation may be assigned an irregular working day

Positions of all titles:

subdivisions for the operational management of forces and means of the internal affairs bodies of the Russian Federation, including the units on duty;

divisions of the criminal investigation department;

operational search divisions;

divisions of special technical measures;

subdivisions of operational-search information;

subdivisions of their own security;

units for countering extremism;

units of economic security and anti-corruption;

divisions to ensure the safety of persons subject to state protection;

investigative units;

forensic experts;

divisions of district police officers;

units for juvenile affairs, including units for the temporary detention of juvenile offenders;

subdivisions for traffic safety of territorial bodies of the Ministry of Internal Affairs of Russia at the regional level (with the exception of combatant units of the traffic police, centers (groups) for automated recording of administrative offenses in the field of traffic police, traffic police information support departments, as well as interdistrict traffic police information support departments);

subdivisions of private security;

subdivisions of inquiry;

headquarters units;

legal departments;

inspections;

control and audit divisions.

Irregular working hours

In accordance with Art. 53 of the Federal Law "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Regulatory Legal Acts of the Russian Federation" dated November 30, 2011 No. 342-FZ, the normal duration of office time for an employee of the internal affairs bodies cannot exceed 40 hours per week. An irregular working day is established for employees of internal affairs bodies who fill the positions of senior and higher commanding personnel.

By the rules of the internal order of the federal body

executive power in the field of internal affairs, its territorial body, subdivisions, an irregular working day may be established for employees holding other positions in the internal affairs bodies, in accordance with the list of positions in the internal affairs bodies approved by the federal executive body in the field of internal affairs, which is specified in contract. Employees for whom an irregular working day is established are granted additional leave in accordance with Part 5 of Article 58 of this Federal Law.

In accordance with Art. 101 of the Labor Code of the Russian Federation, irregular working hours are a special mode of work, according to which individual employees can, by order of the employer, if necessary, occasionally be involved in the performance of their labor functions outside the established working hours. From the above norm of the Labor Code, it follows that if personnel are involved in the service every day at the same time (that is, not sporadically), then this is overtime work, and not the regime of irregular working hours.

An employee of the internal affairs bodies, if necessary, may be involved in the performance of official duties in excess of the established normal duration of service time, as well as at night, on weekends and non-working holidays in the manner determined by the federal executive body in the field of internal affairs. In this case, the employee is compensated in the form of rest of the corresponding duration on other days of the week. In the event that the provision of such rest during this period is impossible, the time for performing official duties in excess of the established normal duration of service time, as well as at night, on weekends and non-working holidays, is summed up and the employee is provided with additional days of rest of the corresponding duration, which, at his request, can be attached to annual paid leave. At the request of the employee, instead of providing additional days of rest, he can be paid monetary compensation

In accordance with clause 1.6. Order of the Ministry of Internal Affairs of Russia of 09/06/2012 N 849 "On additional leave for irregular working days for employees of the internal affairs bodies of the Russian Federation" additional leave is set as follows:

Employees holding senior management positions - 10 calendar days.

Employees replacing senior management positions - 9 calendar days.

Employees replacing the positions of rank and file, junior and middle commanding personnel specified in the List to this order, and for whom an irregular working day is established by the rules of the internal office routine, - 7 calendar days.

An employee who has not exercised his right to additional leave during the period specified in the vacation schedule should be granted additional leave at a convenient time for him before the end of the current year or during the next year.

Citizens' gratitude

Our Heroes

For the media

UUP reports

Department of Internal Affairs for the South-Western Administrative District of Moscow.

Irregular working hours what does it mean in the Ministry of Internal Affairs

After the release of Federal Law 961, "irregular" police officers (for example, a district police officer) can be involved at the request of the head overtime around the clock.

How to limit the irrepressible ardor of a biased leader?

Order of the Ministry of Internal Affairs of Russia of 19.10.2012 N 961 "On approval of the Procedure for attracting employees of the internal affairs bodies of the Russian Federation to perform official duties in excess of the established normal duration of service time, as well as at night, weekends and non-working holidays, providing employees of the internal affairs bodies of the Russian Federation additional days of rest "(Registered in the Ministry of Justice of Russia on 30.11.2012 N 25988)

Note on the doc: Comes into force 10 days after the day of official publication.

The report indicates the grounds for involving an employee in performing official duties in excess of the established normal duration of office time, as well as at night and its duration.

Employees who have been assigned irregular working hours may sporadically to be involved in the performance of official duties in excess of the normal duration of office time established for them by the decision of the direct supervisor (chief). Compensation in the form of rest of the corresponding duration is not provided for the performance of official duties by these employees in excess of the normal length of service time established for them (clause 11).

Involvement of employees who have an irregular working day in the performance of official duties in night time, weekends and public holidays, as well as providing them in connection with such attraction compensations in the form of rest of the corresponding duration are carried out in accordance with this Procedure.

The answer directly to the question - How to limit the irrepressible ardor of a biased leader ?:

In accordance with Art. 28 of the Federal Law "On the Police" of February 7, 2011 N 3-FZ, a police officer has the right to protect his rights and legitimate interests, including an appeal to a court of their violation.

Federal Law of 30.11.2011 N 342-FZ "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation":

Article 72. Service dispute in the internal affairs bodies

1. Service dispute in the internal affairs bodies (hereinafter referred to as the service dispute) - unresolved disagreements on issues related to the application of federal laws, other regulatory legal acts of the Russian Federation in the field of internal affairs and the contract between the head of the federal executive body in the field of internal affairs or an authorized the head and employee of the internal affairs bodies or a citizen who enters the service in the internal affairs bodies or who previously served in the internal affairs bodies, as well as between the direct supervisor (chief) or the immediate supervisor (chief) and the employee.

3. An employee of the internal affairs bodies has the right to apply in writing to the immediate supervisor (chief) to resolve the official dispute, and if he disagrees with his decision or if it is impossible to consider the official dispute by the direct supervisor (chief) on the merits, to the direct supervisor (chief) or to the court ...

4. An employee of the internal affairs bodies or a citizen who enters the service in the internal affairs bodies or who previously served in the internal affairs bodies may apply to the head of the federal executive body in the field of internal affairs or an authorized head or to the court within three months from the day when he learned or should have learned about the violation of his right, and to resolve an official dispute related to dismissal from service in the internal affairs bodies, within one month from the date of familiarization with the order of dismissal.

5. In the event that, for valid reasons, the deadlines established by part 4 of this article are missed, the head of the federal executive body in the field of internal affairs or an authorized head has the right to extend the corresponding time limit and consider the service dispute on the merits.

6. The report of an employee of the internal affairs bodies or a written application of a citizen entering the service of the internal affairs bodies or who previously served in the internal affairs bodies, on the resolution of an official dispute, is subject to mandatory registration on the day of its submission.

7. A service dispute is considered by the head of the federal executive body in the field of internal affairs or by an authorized head within one month from the date of submission of the report by an employee of the internal affairs bodies or from the day of submission of a written application by a citizen who enters the service of the internal affairs bodies or who previously served in the internal affairs bodies. cases, in the manner determined by the federal executive body in the field of internal affairs.

8. The decision of the head of the federal executive body in the field of internal affairs or an authorized head in a service dispute may be appealed to the court within ten days from the date of delivery of a copy of the corresponding decision to an employee of the internal affairs service in the internal affairs bodies, who applied to resolve an official dispute.

Complain about your biased manager - in support of the complaint, include the reasons from the previous answer.

Regards, Maria

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29.02.2016 36 Comments

The case of recovering compensation for overtime work in the system of the Ministry of Internal Affairs of Russia

(part number 1)

In this article, I want to consider an issue related to social guarantees for employees of the Ministry of Internal Affairs of Russia, namely, the issue of compensation for overtime work. Consideration of this issue will be carried out on the basis of a specific case from my law practice.

Case story and problematics.

Often, employees of the Ministry of Internal Affairs of Russia (investigators, security officers, district commissioners, etc.) are involved in overtime duty, such overtime work includes, among other things, daily shifts as part of investigative teams.

In the case under consideration, an officer of the Ministry of Internal Affairs of Russia, who is in the position of an investigator, was also repeatedly involved in the performance of official duties overtime, namely, to serve as part of an investigative-operational group (hereinafter referred to as SOG).

Wishing to receive compensation for overtime performance of official duties, an employee of the Ministry of Internal Affairs of Russia filed a corresponding report in which he asked to make a payment, but such a payment was denied to him on the grounds that, in accordance with paragraph 11 of the annex to the Order of the Ministry of Internal Affairs of Russia dated 19.10.2012 No. 961 "On approval of the procedure for attracting employees of the internal affairs bodies of the Russian Federation to perform official duties in excess of the established normal duration of office time, as well as at night, weekends and non-working holidays, providing employees of the internal affairs bodies of the Russian Federation with additional days of rest" business day, may be occasionally involved in the performance of official duties in excess of the normal duration of office time established for them by the decision of the direct supervisor (chief). Compensation in the form of rest of the corresponding duration is not provided for the performance of the abovementioned employees' official duties in excess of the normal length of service time established for them.

Employees who have an irregular working day are granted additional leave in accordance with Part 5 of Article 58 of the Federal Law of November 30, 2011 N 342-FZ "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation."

Thus, the leadership of the Ministry of Internal Affairs was motivated that the police officer was provided with additional vacation days and other payments as compensation for an irregular working day.

Proceedings in the court of first instance.

Disagreeing with the refusal to pay compensation for overtime work (compensation for daily duty as part of the SOG), the employee, who by that time had already resigned from the system of the Ministry of Internal Affairs of Russia, went to court with a claim to recover the corresponding compensation.

The claim was motivated as follows.

According to Part 2 of Art. 53 of the Federal Law of 30.11.2011 No. 342-FZ "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation" (hereinafter referred to as the Law "On Service in the Internal Affairs Directorate"), the plaintiff as an employee of the Internal Affairs Department was established 40 hour work week.

In accordance with the provisions of Part 5 of Art. 53 of the Law "On Service in the Internal Affairs Directorate" it is established that an irregular working day is established for employees of internal affairs bodies who fill the positions of senior and higher commanding personnel. Employees for whom an irregular working day is established are granted additional leave in accordance with Part 5 of Article 58 of the said Federal Law.

Part 6 of the Law "On Service in the Internal Affairs Directorate" stipulates that an employee of the internal affairs bodies, if necessary, can be involved in the performance of official duties in excess of the established normal duration of office time, as well as at night, on weekends and non-working holidays in the manner determined by the federal body executive power in the field of internal affairs. In this case, the employee is compensated in the form of rest of the corresponding duration on other days of the week. In the event that the provision of such rest during this period is impossible, the time for performing official duties in excess of the established normal duration of service time, as well as at night, on weekends and non-working holidays, is summed up and the employee is provided with additional days of rest of the corresponding duration, which, at his request, can be attached to annual paid leave.

At the request of the employee, instead of providing additional rest days, he may be paid monetary compensation. At the same time, the payment of compensation is provided for in clause 56 of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65 "On approval of the procedure for providing monetary allowances for employees of the Internal Affairs Directorate of the Russian Federation".

Thus, the Federal law regulating the procedure for passing service in the police department divides the concept irregular working day and the concept work beyond the established normal duty time... According to Art. 101 of the Labor Code of the Russian Federation, it follows that an irregular working day is understood as a special mode of work, in accordance with which individual employees can, by order of the employer occasionally if necessary to be involved in the performance of their labor functions outside the established working hours. An irregular working day does not change the established norm of working time, and overworking in excess of the established working time in this case should not lead to the transformation of an irregular working day into an extended one.

The exercise by the plaintiff of official duties in excess of the established normal duration of office time as part of the duty SOG does not fall under the legal regulation of work within irregular working hours, since the plaintiff was involved in this work regularly on the basis of approved duty schedules, and, accordingly, the nature of his job duties was not forced episodic in nature.

Occasionally, the plaintiff was involved in performing service within an irregular working day in order to speed up the investigation of criminal cases in progress, to maintain public order, etc., precisely for the performance of this work and the very possibility of occasionally involving the plaintiff in work within an irregular working day, the latter received compensation in the form of additional leave.

Complainant's performance of duties as part of the SOG falls under the definition of overtime work. In accordance with Part 1 of Article 99 of the Labor Code of the Russian Federation, overtime work means work performed by an employee on the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative recording of working time - in excess of the normal number of working hours for accounting period.

Overtime work is paid for the first two hours at least one and a half, and for the next hours - at least double. At the request of the employee, overtime work instead of increased pay may be compensated by the provision of additional rest time, but not less than the time worked overtime (Article 152 of the Labor Code of the Russian Federation). According to Art. 153 of the Labor Code of the Russian Federation - work on a weekend or a non-working holiday is paid at least double.

Since at the time of the consideration of the case, the employee was dismissed from the internal affairs bodies, he could not be provided with days of rest, respectively, he has the right to receive monetary compensation.

Method of proof.

  1. In order to prove the fact that the employee was involved in overtime duty, the duty schedules were requested through a court request, on the basis of which the employee performed duties as part of the SOG, thus the days for which compensation was recovered were determined.
  2. A request was made to the management of the Ministry of Internal Affairs with a request to clarify the procedure for organizing shifts, attracting employees to perform duties as part of investigative operational groups, and the procedure for performing service as part of an investigative operational group.
  3. The calculation of compensation was determined as follows: the amount of payment for one hour of work = the amount of salary pay / 29.4 (average monthly number of calendar days) = 1 day / 8 hours (working time period) then × 2 (pay on weekends and non-working holidays ). Further, the specified amount was multiplied by the number of hours worked as part of the SOG, that is, by 24 hours, since it was found that while being in the SOG, time for rest is not provided, that is, the work is performed within 24 hours.

The result of the case.

The court of first instance agreed with the plaintiff's arguments that the work performed as part of the investigative-operational group is not work performed within the framework of irregular working hours, but represents work in excess of the established duration of service time, on weekends and non-working holidays, on In this connection, in favor of the plaintiff, appropriate compensation, a penalty for delay in payment of compensation, as well as compensation for moral damage are subject to recovery.

The court's decision was appealed by the defendant to the Novosibirsk Regional Court, but the court's decision was left unchanged, and the complaint of the Department of the Ministry of Internal Affairs of Russia for the city of Novosibirsk was dismissed.

During the appeal, the regional court expressed an interesting position on the case, which can be read about in the article “The case of recovering compensation for overtime work in the system of the Ministry of Internal Affairs of Russia (part No. 2)”.

The court's decision in this case can be found at the link.

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