Working hours of an employee of the Ministry of Internal Affairs. The order on additional leaves for irregular working days for employees of the Ministry of Internal Affairs - Rossiyskaya Gazeta. Attraction on weekends and holidays

A separate chapter of the federal law on service in the police department is devoted to the institution of office time and rest time for an employee of the internal affairs bodies. So in Art. 53, the definition of service time is given, which is understood as the period during which an employee, in accordance with the internal service regulations of the territorial body, the official regulations and the terms of the contract, must perform his official duties, as well as other periods of time that, in accordance with federal laws and regulations legal acts refer to office hours.

The normal duration of service time for an employee of the internal affairs bodies cannot exceed 40 hours per week, and for a female employee serving in the Far North regions, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote ones - 36 hours a week. A five-day work week is set for the employee.

For employees of internal affairs bodies serving in harmful conditions, a reduced service time is established - no more than 36 hours per week. The list (list) of positions in the internal affairs bodies for which a reduced service time is established, as well as the procedure and conditions for employees to serve in harmful conditions, are approved by the federal executive body in the field of internal affairs.

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 office routine of the territorial body, an irregular working day can be established for employees filling other positions in the internal affairs bodies, which is indicated in the contract. Employees for whom an irregular working day is established are granted additional leave.

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 office 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 length on other days of the week. In the event that the provision of such rest during this period is not possible, 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.

To carry out official assignments outside the place of permanent service, an employee of the internal affairs bodies, in accordance with the law, may be sent on a business trip. The procedure and conditions for the secondment of an employee are determined by the head of the federal executive body in the field of internal affairs.

The official hours of an employee of the internal affairs bodies are established by the internal office rules of the territorial body, which should provide for a certain number of business days and days off per week, the length of the business day and a break during the business day.

Rest time is the period of time during which an employee is free from duty. The following types of it are established by law: a break during the working day, daily rest, weekends (weekly uninterrupted rest), non-working holidays and vacations.

An employee of the internal affairs bodies is provided with the following types of leaves with preservation of monetary allowance:

main vacation;

additional vacations;

vacation leave;

leave for personal reasons;

leave after graduation from an educational institution of higher professional education of the federal executive body in the field of internal affairs;

other types of vacations if their payment is provided for by the legislation of the Russian Federation. These include parental leave, sabbatical, study leave, and others.

The following types of additional leaves are established in the internal affairs bodies:

for the length of service in the internal affairs bodies;

for the performance of official duties in harmful conditions;

for the performance of official duties in special conditions;

for an irregular working day.

The main and additional leaves for the employee of the internal affairs bodies are provided annually starting from the year of joining the service in the internal affairs bodies, while they can be summed up or provided separately at the request of the employee. In this case, the total duration of continuous vacation should not exceed 60 calendar days (excluding travel time to the place of vacation and back). The main vacation, vacation for personal reasons, vacation after graduation from an educational institution are increased by the number of calendar days required to travel to the place of vacation and back, taking into account the type of transport, but not less than one day one way.

Granting leave to an employee of internal affairs bodies, combining or dividing vacations, extending or postponing vacations, replacing part of the leave with monetary compensation and recalling an employee from vacation are formalized by order of the head of the federal executive body in the field of internal affairs or an authorized head.

An employee of the internal affairs bodies can be recalled from vacation:

1) with his consent - on the basis of the order of the head of the federal executive body in the field of internal affairs or an authorized head in exceptional cases, if the absence of an employee in service in the internal affairs bodies entails the impossibility of the federal executive body in the field of internal affairs a territorial body, a subdivision of functions established by the legislation of the Russian Federation;

2) without his consent - upon the occurrence of the circumstances provided for in Article 35 of the Law on Service in the Internal Affairs Directorate.

The unused part of the leave must be provided to an employee of the internal affairs bodies at a convenient time for him in the current year or during the next year. If the unused part of the vacation is 10 calendar days or more, the employee is paid the cost of travel to the place of vacation and back and additional time is given to travel to the place of vacation and back.

Conclusion: Service time is understood as the period during which an employee, in accordance with the internal office rules of the territorial body, the official regulations and the terms of the contract, must perform his official duties, as well as other periods of time that, in accordance with federal laws and regulations, are classified as official. time.

Similar information.

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 indicated 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 office 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. If 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.

[Law of the Russian Federation "On Police"] [Chapter 7] [Article 37]

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 days of rest 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 in 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 not exceeding 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.

1 commentary on the entry “Article 37 Police Law. Features of the regime of the police officers' service time "

Article 37. Peculiarities of the official time regime of police officers

Commentary on Article 37

1. Based on the rules of Part 2 of the commented article, if necessary, police officers can be involved in the performance of official duties in excess of 40 hours per week. However, in accordance with part 2 of clause 14.3 of the above Instruction on the procedure for applying the Regulations on service in the internal affairs bodies of the Russian Federation, this right can be exercised only by a written order of the head of the relevant internal affairs body or the person performing his duties, with the provision of the appropriate compensation.
2. All employees, with the exception of full-time deputies, have the right to compensation for performing additional duties without being released from their main job for an absent employee (during his vacation, illness, business trip, training) in accordance with the legislation of the Russian Federation on labor. In this case, the term for performing additional duties and the amount of additional payment are determined by the order of the corresponding head of the internal affairs body (clause 14.4 of the Instruction on the procedure for applying the Regulations on service in the internal affairs bodies of the Russian Federation).
3. An accident is a dangerous man-made incident that creates a threat to human life and health at an object, a certain territory or water area and leads to the destruction or damage of buildings, structures, equipment and vehicles, disruption of the production or transport process, damage to the environment (p. 2 part 2 article 2 of the Federal Law of December 30, 2009 N 384-FZ "Technical regulations on the safety of buildings and structures"<272>).
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<272>See: Sobr. legislation of the Russian Federation. 2010. N 1. Art. five.

4. Accidents can also be called a different, nevertheless, a similar kind of phenomenon. Including a disaster. Catastrophe - a major accident that resulted in human casualties, damage to human health or destruction or destruction of objects, material values in significant amounts, as well as leading to serious damage to the environment<273>.
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<273>See: B.A. Raizberg, L.Sh. Lozovsky, E.B. Starodubtseva. Modern economic dictionary. M .: INFRA-M, 2006 // Reference system "ConsultantPlus".

5. There are also many emergencies (incidents). For example, an aircraft accident is an event related to the operation of an aircraft, but not an aircraft accident, in which one of the following consequences occurs:
- death of someone on board the aircraft as a result of deliberate or negligent actions of the victim himself or other persons, not related to the operation of the aircraft;
- the death of any person who unauthorizedly entered the aircraft and hid outside the zones where access to passengers and crew members is open;
- death of crew members or passengers as a result of adverse environmental impacts after a forced landing of an aircraft outside the aerodrome;
- death or fatal injury of any person outside the aircraft as a result of direct contact with the aircraft, its components or the gas-air jet of the power plant;
- destruction or damage to an aircraft on the ground, resulting in a violation of the strength of its structure or deterioration in flight performance as a result of a natural disaster or violation of service technology, storage or transportation rules;
- hijacking of an aircraft on the ground or in flight, or seizure of such an aircraft for the purpose of hijacking (clause 1.2.2.27 of the Rules for Investigation of Aircraft Accidents and Incidents with Civil Aircraft in the Russian Federation<274>).
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<274>See: On the Approval of the Rules for Investigation of Aircraft Accidents and Incidents with Civil Aircraft in the Russian Federation: Resolution of the Government of the Russian Federation of June 18, 1998 N 609 // Sobr. legislation of the Russian Federation. 1998. N 25. Art. 2918.

6. On the concept of "performance of official duties" see the commentary to Art. 43 of this Federal Law.
7. See also the commentary to Art. Art. 12 - 13, 28, 29 of this Federal Law.

Case No.

SOLUTION

DD.MM.YYYY

The District Court composed of:

Presiding judge Korchagina P.A.

with the secretary Okolnichnikova N..B.

with the participation of the plaintiff Chernikova D.The.

representative of the defendant OMVD RF by - Bibikova O. G., acting by proxy

Having considered in an open court a civil case on the claim of Denis Vladimirovich Chernikov against the Department of the Ministry of Internal Affairs of Russia for the recovery of wages for work in excess of the established normal working hours, compensation for moral damage, the court

INSTALLED

D.V. Chernikov He addressed this claim to the court against the defendant, indicating the following. He has been working in the OMVD for the municipal district since September 2000. Since DD.MM.YYYY, he was appointed to the position of the operational duty officer of the department of the Ministry of Internal Affairs of Russia on. In DD.MM.YYYY, he was appointed assistant to the head of the department of the Ministry of Internal Affairs of Russia. DD.MM.YYYY he turned with a report to the acting. of the head of the OMVD of the Russian Federation on the p / n-ku of the police FULL NAME4, and asked to calculate the time worked by him, in excess of the normal duration of working time, according to the approved schedules of duty in the DCh OMVD RF for the period of his work in the duty unit to the present, as well for overtime work on weekends, non-working days and holidays and pay for the specified time. His report was not considered due to the fact that he is currently on sick leave for temporary incapacity for work. DD.MM.YYYY he re-applied with the specified report to the Department of the Ministry of Internal Affairs of the Russian Federation to the p / p-ku of the police FULL NAME4, having registered his report with the secretariat, asked to calculate the time worked by me, in excess of the normal working time, according to the approved duty schedules in the DC OMVD RF for the period of his work in the duty unit to the present, as well as for overtime work on weekends, non-working days and holidays and pay for the specified time. DD.MM.YYYY he received a response from the OMVD. From this answer, he understood that he was denied. In this answer, it is indicated about the night payments due to employees of the Ministry of Internal Affairs, additional leave for irregular working hours, but nothing is said about the time he worked in excess of the normal working hours. According to Article 53 of the Federal Law from DD.MM.YYYY No. 342-FZ "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation" the normal duration of office time for an employee of the internal affairs bodies cannot exceed 40 hours per week.

According to the schedules of duty in the duty unit, for various reasons - the presence of employees on regular leave, study leave, illness of employees, the duty was carried out, not after three days, as provided by law, but two days later. Thus, each month the processing was about 56 hours. Duty schedules are kept in the secretariat of the Ministry of Internal Affairs for.

Order of the Ministry of Internal Affairs of the Russian Federation from DD.MM.YYYY No. approved "the procedure for payment of monetary compensation for the performance of official duties in excess of the established normal duration of service time, at night, on weekends and non-working holidays to employees of the internal affairs bodies of the Russian Federation." Clause 1 of the above rules states that employees of the internal affairs bodies of the Russian Federation, at their request, set out in the report, may be paid monetary compensation for the performance of official duties in excess of the established normal duration of office time, at night, on weekends and non-working holidays.

He turned to the OMVD with a report. DD.MM.YYYY was refused to pay the monetary compensation due to me. Payment for processing is provided for by the Labor Law and other regulations of the Russian Federation. he conscientiously performed his labor duties and earned this money. This situation adversely affects my health, causing emotional distress. Art. stipulates that "moral damage caused to an employee by unlawful actions or inaction of the employer shall be compensated to the employee in monetary form in the amount determined by the court." The refusal of the OMVD leadership caused him moral harm, humiliating his dignity as an officer and a conscientious employee, the size of which he estimates is 50,000 rubles. Asks the court to recover from the defendant wages for overtime in the amount of DD.MM.YYYY 20DD.MM.YYYY rubles 16 kopecks, DD.MM.YYYY 1868 rubles 28 kopecks; for DD.MM.YYYY 20DD.MM.YYYY ruble 57 kopecks, DD.MM.YYYY 20DD.MM.YYYY rubles 32 kopecks, for DD.MM.YYYY 20DD.MM.YYYY rubles; for DD.MM.YYYY 20DD.MM.YYYY rubles 80 kopecks, DD.MM.YYYY 20DD.MM.YYYY rubles 08 kopecks, DD.MM.YYYY 20DD.MM.YYYY rubles 11 kopecks, and in total 40718 rubles 02 kopecks, taking into account the regional and Far Eastern coefficients 61,062 rubles 03 kopecks.

At the hearing the plaintiff Chernikov D.The. supported in full the stated requirements, while the court explained that according to Federal Law No. 342-FZ from DD.MM.YYYY Art. 53 "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation", referred to by the defendant's representative, employees of the internal affairs bodies for whom an irregular working day is established are granted additional leave. He was granted this leave on the basis of a report on the provision of additional leave for irregular working hours. The representative of the defendant does not deny that Article 53 of the Federal Law from DD.MM.YYYY No. 342-FZ "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation" hours a week.

According to clause 7 of the Rules of the internal office routine in the subdivisions of the UMVD of Russia for and territorial bodies of internal affairs at the regional level, subordinate to the UMVD of Russia for, approved by the Order of the UMVD of the Russian Federation on DD.MM.YYYY No., which is also referred to by the representative of the defendant, the normal duration of the service time for an employee cannot exceed 40 hours per week.

According to the Order No. from DD.MM.YYYY, which approved 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, the provision of employees of internal affairs bodies RF of additional days of rest ”, clause 2, it is established that employees can be involved in the performance of official duties in excess of the established normal duration of office time. Also, clause 11 of the same order establishes that employees who have an irregular working day can be occasionally involved in the performance of official duties in excess of the established normal duration of office time. Episodic means random, not systematic.

During the entire calendar year, he was systematically involved in the performance of official duties in excess of the established normal duration of service time. During the year he worked in excess of the established normal working hours, according to the time sheets, 249 hours. The order of the MV from DD.MM.YYYY approves "The procedure for the payment of monetary compensation for the performance of official duties in excess of the established normal duration of service time, at night, on weekends and non-working holidays to employees of the internal affairs bodies of the Russian Federation", the beginning of the document with DD.MM. YYYY. This order arrived at the Department of Internal Affairs according to DD.MM.YYYY entry. No. for execution. With this order were familiarized for study and use in the work of the head of the OMVD FULL NAME5, FULL NAME6 - the head of the department for work with personnel and the accountant OMVD - Krasnobaeva. The OMVD issued an order No. l / s from DD.MM.YYYY "On the payment of monthly compensation for the performance of official duties at night and non-working holidays within the normal working hours." The representative of the defendant, referring to this order, claims that all due payments related to the monetary allowances of employees have been paid to him in full. But in the statement of claim, he asks to recover compensation not for the standardized working day, not for work on weekends and public holidays, but for work in excess of the established normal working hours.

The order of the MV from DD.MM.YYYY clearly regulates the procedure for payment of payments provided for by this order, and that these payments should be made with DD.MM.YYYY. According to the same order, an order must be issued to the OMVD indicating the number of days for which monetary compensation is paid for each employee. Such an order was not issued by the OMVD.

Clause 1 of the Order of the Ministry of Internal Affairs of the Russian Federation from DD.MM.YYYY No. approved "the procedure for payment of monetary compensation for the performance of official duties in excess of the established normal duration of service time, at night, on weekends and non-working holidays to employees of the internal affairs bodies of the Russian Federation", states that employees of the internal affairs bodies of the Russian Federation, at their request, set out in the report, may be paid monetary compensation for the performance of official duties in excess of the established normal duration of office time, at night, on weekends and non-working holidays.

DD.MM.YYYY he turned with such a report to the acting. head of the OMVD RF on p / p-ku police FULL NAME4. In this report, he asked to calculate the time worked by him, in excess of the normal duration of working time, according to the approved schedules of duty in the DC OMVD of the Russian Federation for the period of his work in the duty unit to the present, as well as for overtime work on weekends, non-working and holidays days and pay for the specified time. But he was refused.

The personnel department was obliged to calculate the time worked by him, in excess of the normal working time and transfer it to the accounting department to calculate the payment for the specified time. Order of the Ministry of Internal Affairs of the Russian Federation No. from DD.MM.YYYY, Order of the Ministry of Internal Affairs of the Russian Federation No. from DD.MM.YYYY, Order of the Ministry of Internal Affairs of the Russian Federation No. from DD.MM.YYYY, Order of the Ministry of Internal Affairs of the Russian Federation No. from DD.MM.YYYY clearly regulate the order of all payments laid employees of the internal affairs bodies.

The representative of the defendant OMVD of Russia - Bibikova O.G., at the hearing did not recognize the claim in full, asks to refuse the claim, indicating the following. DD.MM.YYYY year Chernikov D.The. appointed to the position of the operational officer on duty of the OMVD of Russia on, with DD.MM.YYYY to the position of assistant to the head of the department of the operational on duty of the OMVD of Russia on. In accordance with Part 5 of Art. 53 of the Federal Law of the Russian Federation No. On Service in the Internal Affairs Bodies of the Russian Federation ", an irregular working day is established for employees of the internal affairs bodies who fill the positions of senior and higher commanding personnel. By the rules of the internal office routine of the federal executive body in the field of internal affairs, its territorial body, subdivisions, irregular working hours may be established for employees holding other positions in the internal affairs bodies, in accordance with the list of positions in the bodies approved by the federal executive body in the field of internal affairs internal affairs, which is indicated in the contract. Employees for whom an irregular working day is established are granted additional leave in accordance with Part 5 of Art. 58 of the Service Law. Order of the Ministry of Internal Affairs of Russia from DD.MM.YYYY No. "On additional leave for irregular working days for employees of the internal affairs bodies of the Russian Federation, the procedure for granting leave for irregular working days is determined. Thus, for employees filling positions of senior and higher commanding personnel, irregular working days are established directly by the Law on Service, and for employees replacing rank-and-file positions, junior and middle commanding personnel, if their positions are on the List, irregular working days can be established by the heads of the bodies or organizations where the named employees serve, with an indication of these positions in the rules of the internal office routine. In accordance with clause 12 of the Order of the Ministry of Internal Affairs of Russia on from DD.MM.YYYY № "On the approval of the rules of the internal office routine in the divisions of the Russian MIA Administration for and territorial internal affairs bodies at the regional level subordinate to the Russian MIA Administration for". An irregular working day is established for employees who fill the positions of senior and higher command personnel. An irregular working day is established for employees replacing the positions of privates, junior and middle commanding personnel of all names of units for the operational management of forces and means of the internal affairs bodies of the Russian Federation, including duty units. Part 2 of Art. 53 of the Law on Service, it is established that the normal duration of service time for an employee of the internal affairs bodies of the Russian Federation cannot be more than 40 hours per week. P. 4 h. 3 tbsp. 4 of the Law on Service stipulates that restrictions on the rights and freedoms of a person and a citizen in relation to employees of the internal affairs bodies of the Russian Federation are allowed by federal law to the extent necessary to perform tasks related to the protection of the foundations of the constitutional order, morality, health, rights and legal interests of others, and to ensure the security of the state. In accordance with 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, granting employees of the Ministry of Internal Affairs of the Russian Federation additional vacation days, approved by the Order of the Ministry of Internal Affairs of the Russian Federation from DD.MM. YYYY No., employees can be involved in the performance of official duties in excess of the established normal duration of service time, as well as at night, weekends and non-working holidays. An employee involved in the performance of official duties in excess of the established normal duration of service time, as well as at night, shall be compensated in the form of additional rest time equal to the duration of the performance of official duties in excess of the established normal duration of service time, as well as at night, to the employee involved in the service on a weekend or a non-working holiday, compensation is provided in the form of an additional day of rest. Employees who have been assigned an irregular working day may occasionally be involved in the performance of official duties in excess of the normal duration of service 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 from DD.MM.YYYY N 342-FZ "On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" ( p10)

In the order established by the order of the Ministry of Internal Affairs of Russia from DD.MM.YYYY N 638 "On approval of the procedure for payment of monetary compensation for the performance of official duties in excess of the established normal duration of service time, at night, on weekends and non-working holidays to employees of the internal affairs bodies of the Russian Federation" monetary compensation can be paid to the employee only instead of providing additional rest days.

Considering that, in accordance with Order of the Ministry of Internal Affairs of the Russian Federation N2 961, employees who have been assigned an irregular working day to perform their official duties in excess of the normal length of service time established for them are not provided with compensation in the form of rest of the corresponding duration, then monetary compensation for performing official duties in excess of the established normal the duration of the service time is not paid.

Employees who have an irregular working day, by the Order of the Ministry of Internal Affairs of Russia from DD.MM.YYYY N 849 "On additional leave for an irregular working day, employees of the internal affairs bodies of the Russian Federation" are granted additional leave from 7 to 1 O calendar days, depending on the position being replaced. 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. In response to the report from DD.MM.YYYY about payment of time worked in excess of the normal duration of office time Chernikovu D.The. it was explained his right to additional leave for an irregular working day for DD.MM.YYYY year, however, this leave is granted only on the basis of a report on granting additional leave, which from Chernikov D.The. I did not enter the OMVD of Russia. Regarding the provision of compensations for the performance of official duties in excess of the established normal duration of service time, at night, on weekends and non-working holidays for the period of the year, the OMVD of Russia also does not agree with the specified claims due to the fact that ISSCHOM missed the deadline for appeal to the court provided for by ST. Part V> Section XIII. Protection of labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law> Chapter 60. Consideration and resolution of individual labor disputes> Article 392. Time limits for applying to court for resolving an individual labor dispute "target =" _ blank "> 392 of the Labor Code of the Russian Federation. to apply to the court for resolution of the individual labor dispute within three months from the day when he found out or should have found out about the violation of his right. Without any compensation for the year, the plaintiff had the right to go to court with DD.MM.YYYY. However, before DD.MM.YYYY, the plaintiff did not claim compensation for work in excess of the established normal duration of service time, at night, on weekends and public holidays for the period of the year. The plaintiff did not provide a resolution of the individual labor dispute, therefore the OMVD insists on applying to the data controversial legal relations of the three-month limitation period provided for by the Labor Code of the Russian Federation.

In his statement of claim Chernikov D.The. demands compensation for moral damage caused to him as a result of illegal actions or inaction of the employer in the amount of 50,000 rubles.

Judicial practice on:

Moral damage and its compensation, compensation for moral damage

Judicial practice on the application of the norms of Art. 151, 1100 of the Civil Code of the Russian Federation

An irregular working day is understood as a specific mode of service, in which a civil servant can be involved in the occasional performance of his duties in accordance with the position.

Such involvement in work is possible if it is a business necessity. Moreover, an employee can be involved during a time that is not included in the normal duration of office hours, as well as without the consent of the employee himself. At the same time, processing of this order will not be considered overtime work.

Irregular working day at the Ministry of Internal Affairs

A non-standardized duty day can be established for employees of the Ministry of Internal Affairs who hold positions related to senior and senior commanding personnel. Also, in accordance with the order adopted by the head of the executive body of the federal level, the NSD can be established for employees who occupy other positions, determined by the corresponding list of positions in the bodies of the Ministry of Internal Affairs. Employees for whom an NDS has been established are entitled to additional vacation days. This right is enshrined in law.

What is the NDS in the Ministry of Internal Affairs?

An irregular working day in the Ministry of Internal Affairs is the emergence of a need when an employee of the Ministry of Internal Affairs can be involved in the service and in the performance of duties associated with it, in excess of the established mode of service. That is, he can be involved in the performance of his duties, including at night, on holidays or on weekends. The procedure for recruitment to the service is determined by the executive authorities in the field of internal affairs.

Compensation in case of miscarriage

In case of an irregular working day in the Ministry of Internal Affairs, an employee involved in this type of service should be compensated in the form of rest, the duration of which corresponds to the time spent.

In the event that an employee cannot immediately use the provided rest, then the days can be accumulated and subsequently used as an additional vacation. Such leave, at the request of the employee, can be added to his main vacation, or can be replaced with monetary compensation.

What does the irregular nature of work mean?

Let us consider in a little more detail the concept of an irregular working day.

As we noted earlier, an irregular working day in the Ministry of Internal Affairs can be established for employees who fill the positions of managers from among those positions that belong to the senior and senior staff. Also, NSD can be established for other positions that are determined by the list of positions in the Ministry of Internal Affairs and approved by the relevant executive authority.

But let's figure out what this means in practice.

Influence of actual rank

It turns out that if an employee of internal organs occupies a position equal to or higher than a major, then the NSD will be established for him automatically. In this case, it is necessary to understand that the actual rank of the employee is of little interest to anyone, and only the maximum possible rank by position (the so-called ceiling by position) matters. For example, if an employee with the rank of colonel holds the position of deputy chief of a pre-trial detention center, the ceiling of the position where the senior lieutenant is, then the employee will not be assigned an irregular working day. But if an employee with the rank of lieutenant holds the position of head of a department, where the rank of colonel is the ceiling, then an irregular working day will be automatically set. In accordance with this, if an employee has a rank equal to a major or higher, but at the same time does not belong to the management team, then the automatic setting of an irregular working day in the Ministry of Internal Affairs will be absent.

Rules for other employees

For all other employees of the internal affairs bodies, such an official day will be established in accordance with the accepted list of positions. On December 14, 2016, the Minister of Internal Affairs signed an order, according to which a list of positions and divisions was established for which an irregular day can be set, but is not set automatically. That is, an employee can independently open this list and check whether his official position belongs to this list or not.

Order for the NSD

However, the very decision on the establishment of an NSD for each specific position remains with the relevant supervisor, who has the right to issue an order for an irregular working day in the Ministry of Internal Affairs for a specific position. That is, the position of the employee must be included in the list, which can be changed and approved by the regional head.

Let's say the position of an employee is included in this list. What can this entail? The answer to this question is contained in the order of the Ministry of Internal Affairs No. 961 of November 19, 2012 "On approval of the procedure for attracting employees of the internal affairs bodies of the Russian Federation to the performance of official duties ...".

The eleventh paragraph of this order fixes that employees for whom the NDS is established can be involved in the performance of established official duties that go beyond the normal length of the working day. Moreover, it was found that the data of involvement in the service are of an episodic nature. These employees who have worked more than they should have received additional leave, and not compensation for the hours worked in the appropriate amount.

But also the twelfth paragraph established that if such an employee is involved in the service at night, as well as on holidays, which are days off, then he should be compensated by allocating additional rest time in an appropriate amount. What does this all mean? Let's understand with examples.

The difference between employees with and without an NSD

If we omit the official wording, then from this legislative act we can draw the following conclusion: all the difference between an employee with an established irregular working day from an employee who has not established one is as follows.

Suppose an employee's workweek is five days on a schedule from 9 am to 6 pm Monday through Thursday, from 9 am to 4:45 pm on Friday. In this case, the days off are standard days - Saturday and Sunday. So, if an irregular working day is not established for this employee, then in order to detain him at work on working days, it is required to draw up an appropriate order, which will contain a justification of the reason according to which he is being detained. Let's say there is a special plan or activity. For such delays, the employee will receive compensation, and at his choice - either additional days off or in cash.

And how is the irregular working day in the Ministry of Internal Affairs calculated for daily wages?

If the same employee is involved on duty from 9-00 to 9-00 the next day, and the first weekday, and the second day off, the period from 9-00 to 18-00 on a weekday, it will be considered that the employee performs his duties in accordance with the internal regulations , from 18-00 to 9-00 the next day - overtime working hours.

If the same employee is involved on daily duty on weekends from 9-00 to 9-00 the next day, the entire period will be considered overtime working hours.

That is, if an employee is identified with an NSD, then by order of an irregular working day of the Ministry of Internal Affairs issued by the management, he may be occasionally detained at work. But only until 22.00, and only on weekdays. Moreover, the legislation does not stipulate what is meant by the concept of episodicity. In this case, the employee is not entitled to compensation on weekends or in monetary terms. And an additional vacation of 7-9 days is laid. That is, in accordance with this normative act, an employee can be detained occasionally, but every working day for a period of up to 4 hours, and as compensation he will receive 9 additional vacation days for an irregular working day at the Ministry of Internal Affairs for the whole year.

Attraction on weekends and holidays

An important point is that attraction to the service on weekends, as well as on holidays, or at night, is carried out on a general basis, regardless of whether the employee was assigned an irregular working day or not. In both cases, a standard form of compensation is required.

Irregular working day in the Ministry of Internal Affairs: changes

In 2016, an order was issued "On additional leave for irregular working days for employees of the internal affairs bodies of the Russian Federation." There is a list of positions that are entitled to leave. It is also said that additional leave is due in any case, regardless of the actual processing. Its duration in the year of receipt is calculated as follows: one-twelfth of the additional leave is multiplied by the number of full months worked in the Ministry of Internal Affairs. Chiefs of senior staff 10 days, senior staff 9 days, deputies 7 days.

Nuances of additional vacation

Now we will consider a nuance that directly relates to the most additional vacation that is due for the NSD. In accordance with the first paragraph of the above Order, this vacation must be provided either in accordance with the schedule of annual paid vacations, or separately from such at the request of the employee himself. However, the authorities are often reluctant to grant this leave, citing the absence of delays, although the official day of an irregular nature was established. You should know that the right to such additional leave is available, regardless of how much the employee has overworked in excess of the established normal schedule.

Thus, in this article, we examined an irregular working day in the Ministry of Internal Affairs. It became clear what it was.