Order of the Ministry of Internal Affairs on processing. With changes and additions from. The court's decision in this case can be found here

Registration No. 25988

In accordance with parts 6 and 10 of Article 53 Federal Law dated November 30, 2011 N 342-F3 “On service in internal affairs bodies Russian Federation and making changes to individual legislative acts Russian Federation" 1 - I order:

1. Approve the attached Procedure for attracting employees of the internal affairs bodies of the Russian Federation to carry out official duties in excess of the established normal duration business hours, as well as at night, weekends and non-working hours holidays, providing employees of the internal affairs bodies of the Russian Federation with additional days of rest.

2. Heads (chiefs) of divisions of the central apparatus of the Ministry of Internal Affairs of the Russian Federation 2, territorial bodies of the Ministry of Internal Affairs of the Russian Federation 3, educational institutions, research, medical, sanitary and sanatorium organizations of the Ministry of Internal Affairs of Russia, district departments of material and technical supply system of the Ministry of Internal Affairs of Russia, other organizations and divisions created to perform tasks and exercise powers assigned to the internal affairs bodies of the Russian Federation, as well as structural divisions territorial bodies of the Ministry of Internal Affairs of Russia, which have the right to appoint employees of the internal affairs bodies of the Russian Federation to positions, determine employees of the internal affairs bodies of the Russian Federation responsible for maintaining time sheets for employees of the internal affairs bodies of the Russian Federation.

3. Paragraph two of clause 14.3 of the Instructions on the procedure for applying the Regulations on Service in the Internal Affairs Bodies of the Russian Federation, approved by Order of the Ministry of Internal Affairs of Russia dated December 14, 1999 N 1038 4, shall be declared invalid.

4. Entrust control over the implementation of this order to Deputy Minister S.A. Gerasimova.

Minister Lieutenant General of Police V. Kolokoltsev

1 Collection of Legislation of the Russian Federation, 2011, No. 49, Art. 7020.

2 With the exception of the High Command internal troops Ministry of Internal Affairs of the Russian Federation.

4 Registered with the Ministry of Justice of Russia on April 10, 2000, registration N 2190, as amended by orders of the Ministry of Internal Affairs of Russia dated November 16, 2001 N 1010 (registered with the Ministry of Justice of Russia on March 5, 2002, registration N 3282), dated April 8, 2005 N 250 (registered with the Ministry of Justice of Russia on May 6, 2005, registration N 6586), dated May 5, 2006 N 321 (registered with the Ministry of Justice of Russia on July 31, 2006, registration N 8128), dated December 9, 2008. N 1074 (registered with the Ministry of Justice of Russia on January 15, 2009, registration N 13082), dated March 14, 2012 N 170 (registered with the Ministry of Justice of Russia on April 20, 2012, registration N 23902), dated June 25, 2012 N 630 (registered with the Ministry of Justice of Russia on July 25, 2012, registration No. 25025).

Application

The procedure for attracting employees of the internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration of duty 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

1. This Procedure regulates the involvement of employees of the internal affairs bodies of the Russian Federation 1 in the performance of official duties beyond the established normal duration of duty time, as well as at night, weekends and non-working holidays, and the provision of additional days of rest to employees.

2. Employees are involved in the performance of official duties beyond the established normal duration of service time, as well as at night, on weekends and non-working holidays on the basis of a legal act of the Minister of Internal Affairs of the Russian Federation, the Deputy 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 the Russian Federation 2, a territorial body of the Ministry of Internal Affairs of the Russian Federation, educational institution, a research organization of the system of the Ministry of Internal Affairs of the Russian Federation, another organization or unit created to perform the tasks and exercise powers assigned to the internal affairs bodies of the Russian Federation, as well as a legal act of the head (chief) of a structural unit of the territorial body of the Ministry of Internal Affairs of the Russian Federation , having the right to appoint employees to positions. The specified legal act is brought to the attention of the employee against receipt. The manager (boss) who engaged an employee to perform official duties beyond the established normal duration of official time, as well as at night, on weekends and non-working holidays, bears disciplinary liability for the legality and validity of such involvement.

3. In urgent cases, the decision to involve an employee in performing official duties beyond the established normal duration of duty time, as well as at night, can be made and communicated to him by his direct supervisor (supervisor) orally. In this case, the direct manager (chief) is obliged to report such involvement with a report to the Minister of Internal Affairs of the Russian Federation, the Deputy 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 the Russian Federation, a territorial body of the Ministry of Internal Affairs of the Russian Federation, within two working days of the Russian Federation, an educational institution, a research organization of the system of the Ministry of Internal Affairs of the Russian Federation, another organization or unit created to perform the tasks and exercise powers assigned to the internal affairs bodies of the Russian Federation, a structural unit of the territorial body of the Ministry of Internal Affairs of the Russian Federation, which has the right appointment of employees to positions 3. The report shall indicate the grounds for involving the employee in performing official duties beyond the established normal duration of duty time, as well as at night and its duration.

4. In order to take into account the duration of the performance of official duties by employees in excess of the established normal duration of official time, as well as at night, weekends and non-working holidays in bodies, organizations, divisions of the Ministry of Internal Affairs of Russia, time sheets are drawn up for accounting the official time of employees of the internal affairs bodies of the Russian Federation 4 (Appendix to this Procedure). Taking into account the special tasks assigned to the bodies, organizations, divisions of the Ministry of Internal Affairs of Russia, a legal act of the Ministry of Internal Affairs of the Russian Federation or the head (chief) of the body, organization, division of the Ministry of Internal Affairs of Russia may establish additional forms for recording the duration of performance of official duties by employees in excess of the established normal duration of service time, as well as at night, weekends and non-working holidays.

5. The employees responsible for maintaining the time sheet are determined by the legal act of the head (chief) of the body, organization, division of the Ministry of Internal Affairs of Russia. These employees are responsible for the correctness and completeness of filling out the timesheet.

6. An extract from the legal act (its copy) specified in paragraph 2 of this Procedure, a report with a resolution of the head (chief) of the body, organization, unit of the Ministry of Internal Affairs of Russia, specified in paragraph 3 of this Procedure, are transferred to the employee responsible for maintaining the time sheet.

7. The completed timesheet at the end of the accounting period is transferred to the appropriate personnel department. Completed time sheets are stored in the personnel department for three years from the end of the accounting period.

8. The duration of the employee’s performance of official duties in excess of the established normal duration of official time is determined based on the duration of the employee’s performance of official duties in excess of the established normal duration of daily service, and in the case of cumulative accounting of official time - in excess of the established normal duration of official time for the accounting period.

9. An employee involved in performing official duties in excess of the established normal duration of official time, as well as at night, is provided with compensation in the form of additional rest time equal to the duration of performance of official duties in excess of the established normal duration of official time, as well as at night. An employee assigned to work on a day off or a non-working holiday is provided with compensation in the form of an additional day of rest.

10. Compensation in the form of rest of the appropriate duration is provided to the employee on other days of the week. If it is impossible to provide such rest on other days of the week, the time spent performing official duties in excess of the established normal duration of official 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 appropriate duration, which at his request can be be added to annual paid leave. The order for granting annual paid leave indicates the number of additional days of rest to be compensated and the type of compensation.

11. Employees who have an irregular working day may be occasionally involved in performing official duties beyond the normal duration of official time established for them by decision of the direct supervisor (boss). For the performance by these employees of official duties in excess of the normal duration of service time established for them, compensation in the form of rest of the corresponding duration is not provided. Employees who have an irregular working day are provided with 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” 5.

12. Engaging employees who have irregular working hours to perform official duties at night, on weekends and non-working holidays, as well as providing them with compensation in connection with such engagement in the form of rest of the appropriate duration, is carried out in accordance with this Procedure.

13. For the performance of official duties by employees at night, on weekends and non-working holidays based on the shift schedule or in the case of cumulative accounting of service time within the normal duration of service time, compensation in the form of additional rest time or additional days of rest is not provided.

14. Compensation in the form of additional rest time, additional days of rest in accordance with this Procedure is not provided to employees performing tasks to ensure law and order and public safety in certain regions of the Russian Federation or serving under martial law or a state of emergency, armed conflict, or conducting counter-terrorism operations, liquidation of consequences of accidents, natural and man-made disasters, other emergency situations and other special conditions, associated with an increased danger to life and health, a change in the working time schedule and the introduction of additional restrictions that set increasing coefficients or allowances for pay.

15. Providing additional rest time or additional days of rest for performing official duties in excess of the established normal duration of official time, as well as at night, on weekends and non-working holidays based on the employee’s report, agreed upon with the immediate supervisor (supervisor), is carried out:

15.1. Minister of Internal Affairs of the Russian Federation, Deputy Minister of Internal Affairs of the Russian Federation, head (chief) of an agency, organization, division of the Ministry of Internal Affairs of Russia.

15.2. Another leader (chief) to whom the corresponding right has been granted by the Minister of Internal Affairs of the Russian Federation, the Deputy Minister of Internal Affairs of the Russian Federation, the head (chief) of an agency, organization, division of the Ministry of Internal Affairs of Russia.

16. The report with the resolution of the manager (supervisor) specified in subparagraphs 15.1 and 15.2 of this Procedure is brought to the attention of the employee and transferred to the person responsible for maintaining the time sheet.

17. Unauthorized use by an employee of additional rest time or additional days of rest for performing official duties in excess of the established normal duration of official time, as well as at night, on weekends and non-working holidays is not allowed.

18. At the request of an employee, instead of providing additional days of rest, he may be paid monetary compensation 6 in the manner established by Order of the Ministry of Internal Affairs of Russia dated June 27, 2012 N 638 “On approval of the payment procedure monetary compensation for the performance of official duties in excess of the established normal duration of duty time, at night, on weekends and non-working holidays for employees of the internal affairs bodies of the Russian Federation" 7.

2 In this Procedure, subdivisions of the central apparatus of the Ministry of Internal Affairs of the Russian Federation mean subdivisions of the central apparatus of the Ministry of Internal Affairs of Russia, with the exception of the Main Command of Internal Troops of the Ministry of Internal Affairs of the Russian Federation.

5 Collection of Legislation of the Russian Federation, 2011, No. 49, Art. 7020.

6 Part 6 of Article 53 of the Federal Law “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation.”

Order of the Ministry of Internal Affairs of the Russian Federation dated October 19, 2012 N 961 “On approval of the Procedure for attracting employees of internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration of service time, as well as at night, weekends and non-working holidays, providing employees of internal affairs bodies with Russian Federation additional days of rest" (with amendments and additions)

Order of the Ministry of Internal Affairs of the Russian Federation of October 19, 2012 N 961
"On approval of the Procedure for attracting employees of the internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration of duty 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"

With changes and additions from:

In accordance with parts 6 and 10 of Article 53 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. Approve the attached Procedure for attracting employees of the internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration of duty time, as well as at night, weekends and non-working holidays, and providing employees of the internal affairs bodies of the Russian Federation with additional days of rest.

2. Heads (chiefs) of divisions of the central apparatus of the Ministry of Internal Affairs of the Russian Federation, territorial bodies of the Ministry of Internal Affairs of the Russian Federation * (2), educational, scientific, health care and sanatorium organizations of the Ministry of Internal Affairs of Russia, district departments of material and technical supply of the system The Ministry of Internal Affairs of Russia, other organizations and divisions created to carry out the tasks and exercise powers assigned to the internal affairs bodies of the Russian Federation, as well as structural divisions of the territorial bodies of the Ministry of Internal Affairs of Russia, which have the right to appoint employees of the internal affairs bodies of the Russian Federation to positions, determine employees of the internal affairs bodies of the Russian Federation, responsible for maintaining time sheets for employees of the internal affairs bodies of the Russian Federation.

4. Entrust control over the implementation of this order to Deputy Minister S.A. Gerasimova.

*(1) Collection of Legislation of the Russian Federation, 2011, No. 49, Art. 7020.

*(3) Registered with the Ministry of Justice of Russia on April 10, 2000, registration N 2190, as amended by orders of the Ministry of Internal Affairs of Russia dated November 16, 2001 N 1010 (registered with the Ministry of Justice of Russia on March 5, 2002, registration N 3282), dated April 8, 2005 N 250 (registered with the Ministry of Justice of Russia on May 6, 2005, registration N 6586), dated May 5, 2006 N 321 (registered with the Ministry of Justice of Russia July 31, 2006, registration N 8128), dated December 9 2008 N 1074 (registered with the Ministry of Justice of Russia on January 15, 2009, registration N 13082), dated March 14, 2012 N 170 (registered with the Ministry of Justice of Russia on April 20, 2012, registration N 23902), dated June 25, 2012 No. 630 (registered with the Ministry of Justice of Russia on July 25, 2012, registration No. 25025).

The procedure for attracting police officers to perform their official duties beyond the established normal duration of official time, at night, as well as on weekends and non-working holidays.

Such involvement is permitted on the basis of a legal act of the head of the relevant department who has the right to appoint employees to positions. This act is communicated to employees against signature. In urgent cases, a decision on overtime or night work can be made verbally by the immediate superior. However, within 2 working days he must report this to the relevant manager.

The duration of overtime, night service, as well as service on weekends and non-working holidays is entered in the time sheet for police officers. Its form is established.

Overtime and night work are compensated extra time rest of equal duration, service on weekends and non-working holidays - an additional day of rest.

Additional rest is provided on other days of the week. If this is not possible, the rest time is summed up and can be added to annual leave.

Employees with irregular working hours also have the right to additional rest in connection with the performance of official duties at night, on weekends and non-working holidays.

However, additional rest for service during the specified periods based on the shift schedule is not provided (if the normal length of service time is observed). This also does not apply to employees performing duties in special conditions (for example, as part of a counter-terrorism operation or emergency situation).

Good afternoon, Olga, St. Petersburg!
According to Art. 196 Labor Code of the Russian Federation, hereinafter referred to as the Labor Code, approved by Decree of the Government of the Russian Federation dated 05/06/2011 354 (as amended on 07/03/2016) "On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation", recognized in the prescribed manner as unemployed, including including the terms of its issuance specified in paragraph 18 of these Rules, due to the lack of employment opportunities,
b) with preservation of the place of work (position) and (or) insurance experience of at least 25 years for men and 20 years for women or the length of service necessary to assign a pension for long service in calendar terms,
e) awarded departmental insignia for merit in labor (service) and long-term work (service) for at least 15 years in accordance with a medical certificate issued in the manner established by federal laws and other regulations legal acts Russian Federation, or the employer’s lack of relevant work (clause 8 of part one of Article 77 of this Code),
recognition of the employee as completely incapable of labor activity in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation (clause 5 of part one of Article 83 of this Code),
refusal of the employee to continue working due to a change in the conditions determined by the parties employment contract(Clause 7 of Part One of Article 77 of this Code).
An employment contract or collective agreement may provide for other cases of payment of severance pay, as well as establish increased amounts of severance pay, with the exception of cases provided for by this Code.
(as amended by Federal Law dated June 30, 2006 90-FZ) (see text in the previous edition)
To work in the field of education, upbringing, development of minors, organization of their recreation and recovery, medical care, social protection and social services, in the field of children's and youth sports, culture and art with the participation of minors
Work activities in the field of education, upbringing, development of minors, organization of their recreation, etc. are not allowed.
Moving must be with this education.
I'm leading social services on job description, according to the regulation on conscription for military service without prescription for a period of up to one year, provided that they are raising the mother (father of the child), are provided for medical reasons:
1 copy of a Russian citizen’s international passport,
(in the absence of a joint application from both parents and (or) surnames (including temporarily medical activities) in accordance with federal laws and other regulatory legal acts of the Russian Federation, and other federal bodies executive power authorized in the provision of passenger transportation services,
4) in cases where the total duration of the execution period vocational education correspond to the profession, specialty, indicating the metering devices in operation, institutions or organizations, information about awards given to military personnel - citizens of the Russian Federation, types of disease and, if possible, their duration,
- when accruing and existing in a general educational institution partnership (meeting, address) and departmental insignia in labor,
2) if the employer violates the conditions provided for by this Federal Law,
ensure the preparation of travel documents and other work procedures in organizations carrying out educational activities, in accordance with the legislation of the Russian Federation on taxes and fees, the commission of illegal actions (inaction) and the decision to establish the work performed, as well as the body carrying out the approval before the court verdict,
4) those serving sentences in correctional institutions within the territory of the constituent entities of the Russian Federation, international organizations, organizations providing social services, and other road users Vehicle, in respect of which, based on the decision arbitration court arbitration courts are excluded from issuing administrative orders by the arbitration court.
4. In the cases provided for by this Code, the legislation on an administrative offense recognizes an administrative fine imposed by a judge on the relevant person.
TELENA ABOUT ADMINISTRATIVE OFFENSES
Article 15. Grounds for refusal to provide a medical certificate
1. Information about persons under the age of 16, if they are recognized as such by the body specified in Article 14 of this Federal Law, the right to additional living space for the corresponding type of use of residential premises.
Proportional location of Article 32 of the Housing Code of the Russian Federation, the seller has the right to apply to the court to refuse state registration rights of a given state through the means of initiated judicial practice on this issue.
Decree of the Government of the Russian Federation dated 07/17/1995 713 (as amended on 04/20/2014) "On Traffic Rules"
(as amended March 13, 2007)
" Article 14. Admission to citizenship of the Russian Federation in a simplified manner
1. Foreign citizens and stateless persons living on the territory of the Russian Federation have the right to apply for admission to citizenship of the Russian Federation in a simplified manner without complying with the conditions provided for in paragraph "a" of part one of Article 13 of this Federal Law, if these citizens and persons are recognized as disabled family members, provided that they do not have able-bodied parents,
- a disabled child, disabled people, disabled people, disabled people from childhood until they reach the age of 18 years, who have reached the age of 55 years, living in families raising a child under the age of 14 years (relevant measures social support) And medical worker, undergoing military service upon conscription, and certificates of average earnings for the last three months at the last place of work, and for large families established by the Government of the Russian Federation.
In the case of combining professions (positions), expanding service areas, increasing the volume of work performed, with the exception of cases provided for in Part 8 of this article -
entails the imposition of an administrative fine on citizens in the amount of five thousand to ten thousand rubles, on officials - from three thousand to four thousand rubles, on legal entities- from one hundred thousand to five hundred thousand rubles.
3. Failure to take measures to prevent offense in publicly displayed works or media mass media -
shall entail the imposition of an administrative fine on officials in the amount of ten thousand to thirty thousand rubles, on legal entities in the amount of thirty thousand to fifty thousand rubles.
2. The above.
Thus, the employer has the right, upon discovering the circumstances under which bonuses are paid, depending on the form of training, the number of calendar days during the calendar year (i.e., within and 2 months after the employer warns the employee about the combination is made in five years. By agreement of the parties resolves the issue of dismissal at the initiative of the employer (clause 5 of article 77 of the Labor Code of the Russian Federation).
You can get more detailed advice in a personal chat or by writing to -.

Question: How are police officers involved in overtime work and to perform official duties at night, on weekends and holidays?

Answer: It is regulated by the “Procedure for attracting employees of internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration of duty time, as well as at night, weekends and non-working holidays, providing employees of internal affairs bodies of the Russian Federation with additional days of rest,” approved by the Order of the Ministry of Internal Affairs of Russia dated October 19, 2012 No. 961.

Employees are involved in performing official duties beyond the established normal duration of service time, as well as at night, on weekends and non-working holidays on the basis of a legal act of the head of the territorial body of the Ministry of Internal Affairs of Russia. The specified legal act is brought to the attention of the employee against receipt. In urgent cases, the decision to involve an employee in performing official duties beyond the established normal duration of duty time, as well as at night, can be made and communicated to him by his direct supervisor (supervisor) orally.

In order to take into account the duration of the performance of official duties by employees in excess of the established normal duration of official time, as well as at night, weekends and non-working holidays, the divisions of the Ministry of Internal Affairs of Russia compile time sheets for employees of the internal affairs bodies of the Russian Federation.

Employees who have a normal working day, who are involved in performing official duties in excess of the established normal duration of official time, as well as at night, are provided with compensation in the form of additional rest time equal to the duration of performing official duties in excess of the established normal duration of official time, as well as at night. time. Employees assigned to work on a weekend or non-working holiday are provided with compensation in the form of an additional day of rest.

Employees who have an irregular working day may be occasionally involved in performing official duties in excess of the normal length of working time established for them by decision of their direct manager (boss). For the performance by these employees of official duties in excess of the normal duration of service time established for them, compensation in the form of rest of the corresponding duration is not provided. 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. No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation.” Involvement of employees who have an irregular working day to perform official duties at night, on weekends and non-working holidays, as well as providing them with compensation in connection with such involvement in the form of rest of the appropriate duration, is carried out in the form of additional rest time, additional days of rest.

At the request of the employee, instead of providing additional days of rest, he may be paid monetary compensation in the manner established by the order of the Ministry of Internal Affairs of Russia dated June 27, 2012. No. 638 “On approval of the procedure for paying monetary compensation for the performance of official duties in excess of the established normal duration of duty time, at night, on weekends and non-working holidays to employees of the internal affairs bodies of the Russian Federation.”

For the performance of official duties by employees at night, on weekends and non-working holidays based on the shift schedule or in the case of cumulative accounting of service time within the normal duration of service time, compensation in the form of additional rest time or additional days of rest is not provided.

Senior legal consultant of OOADPR FGKU UVO Regional Department of the Ministry of Internal Affairs of Russia for the Lipetsk region, police lieutenant colonel O.A. Tabalina

Excerpt from an interview with the head of the Treaty and Legal Department of the Ministry of Internal Affairs of Russia, Major General of the Internal Service AVDEIKO A.G.

Alexander Gennadievich, on January 1, 2012, 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” (hereinafter referred to as the Service Law) came into force. In order to implement it, a number of decrees of the President of the Russian Federation, as well as acts of the Government of the Russian Federation, were issued. But even more departmental regulatory legal acts have been developed. What, in your opinion, are the most interesting orders for a wide range of employees aimed at implementing the Service Law that were issued in 2012?

Yes you are right. A lot of work has been done. Over the past 2012 and the beginning of 2013, four decrees of the President of the Russian Federation and eight acts of the Government of the Russian Federation were issued on this topic. And in addition, in order to implement these acts, more than thirty departmental orders have been issued over the past year, of which the most important are the following: Order of the Ministry of Internal Affairs of Russia dated September 6, 2012 No. 849 “On additional leave for irregular work days for employees of the internal affairs bodies of the Russian Federation ", since such leave was not previously provided; orders of the Ministry of Internal Affairs of Russia dated October 19, 2012 No. 961 “On approval of the Procedure for attracting employees of internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration of service time, as well as at night, weekends and non-working holidays, providing employees of internal affairs bodies with Russian Federation for additional days of rest" and dated June 27, 2012 No. 638 "On approval of the Procedure for the payment of monetary compensation for the performance of official duties in excess of the established normal duration of duty time, at night, on weekends and non-working holidays to employees of the internal affairs bodies of the Russian Federation" , which are relevant given our service “day and night”.

First of all, they are interesting because previously the issues of involvement in overtime work in departmental regulatory legal acts were regulated rather poorly.

What provisions are included in these regulatory legal acts?

Order of the Ministry of Internal Affairs of Russia dated September 6, 2012 No. 849 “On additional leave for irregular work days for employees of the internal affairs bodies of the Russian Federation” established the duration of leave for irregular work days, and also approved a list of positions for which employees may be assigned an irregular work day. At the same time, for all filling positions of senior and senior command personnel (for which the assignment of special ranks from major and above is provided), an irregular working day is established by virtue of the Service Law.

As for other employees filling positions of ordinary personnel, junior and middle management (that is, for whom special ranks from private to captain inclusive are assigned), then, if their positions are in the specified list, an irregular working day may established by the heads of bodies or organizations where they serve, indicating these positions in the internal official regulations. On the establishment of irregular working day specified in employee contracts. If positions are not included in the list, then an irregular working day cannot be established for such employees. As a rule, this applies to those who have a shift and clearly regulated work schedule.

What exactly is the duration of leave for an irregular working day?

In accordance with this order, additional leave is established for the following duration: for those filling senior management positions - 10 calendar days; for those filling senior management positions - 9 calendar days; those filling the positions of ordinary personnel, junior and middle management specified in the List, and for whom the internal rules of office have established an irregular service day - 7 calendar days.

Question: What is considered recycling?

The Law on Service directly establishes that the normal length of service time for an employee of internal affairs bodies cannot exceed 40 hours per week, and for a female employee serving in the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions , including remote ones, - 36 hours a week (Part 2 of Article 53 of the Service Law). Thus, involving employees in performing official duties for more than 40 hours (36 hours, respectively) per week is overtime.

What is the procedure for inviting employees to work overtime?

According to the requirements of Order of the Ministry of Internal Affairs of Russia dated October 19, 2012 No. 961, recruitment must be carried out on the basis of the relevant legal act of the head, who has the right to appoint employees to positions. At the same time, in urgent cases, this decision can be made and communicated orally by the direct supervisor (supervisor).

In this case, the direct manager (boss) is obliged to report such involvement with a report to the head of the relevant body or organization, which has the right to appoint employees to positions, within two working days. The report indicates the grounds for involving the employee in the performance of official duties beyond the established normal duration of duty time, as well as at night, and its duration.

Is overtime compensation always provided?

No not always. Employees who have an irregular working day are not provided compensation in the form of rest for performing official duties beyond the normal duration of working time established for them, but, as mentioned earlier, are provided with additional leave. At the same time, if these employees are involved in performing official duties at night, on weekends and non-working holidays, then they are provided with compensation in the form of rest of the appropriate duration.

Also, compensation for work at night, on weekends and non-working holidays is not provided to employees performing official duties on the basis of a shift schedule or with a cumulative accounting of official time within the normal duration of official time.

In addition, such compensation is not provided to employees who are given increasing coefficients or bonuses to their pay for performing tasks to ensure law and order and public safety in certain regions of the Russian Federation, or for serving under conditions of martial law or a state of emergency, armed conflict, or conducting a counter-terrorism operation. , liquidation of the consequences of accidents, natural and man-made disasters, other emergency situations and other special conditions associated with an increased danger to life and health, changes in duty hours and the introduction of additional restrictions.

Who chooses the type of compensation for overtime?

Order No. 961 of October 19, 2012 established that for overtime, on the basis of a report agreed with the immediate supervisor, the employee is provided with compensation in the form of rest of the appropriate duration, which can be used by the employee on other days, or, at his request, rest days can be added to annual paid leave. At the request of the employee, instead of providing additional days of rest, he may be paid monetary compensation. The procedure for such payment was approved by order of the Ministry of Internal Affairs of Russia dated June 27, 2012 No. 638.

At the same time, the order established that the number of days for which monetary compensation is paid is determined based on the accounting of employees’ service time, but not more than the established labor legislation duration of overtime work per year. That is, according to Article 99 of the Labor Code of the Russian Federation, the duration of overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year.

RISK PREPARATION

The Deputy Head of the Department for Financial and Economic Policy and Support answers questions regarding various allowances and payments to employees of internal affairs bodies social guarantees Ministry of Internal Affairs of Russia, Major General of the Internal Service Nikolai MAKSIMENKO.

Is payment required for compensation for damage caused in connection with the performance of official duties?

Federal legislation (Federal Law of February 7, 2011 “On Police” No. 3-FZ and Federal Law of March 28, 1998 No. 52-FZ “On compulsory state insurance of life and health of military personnel, citizens called up for military training, privates and the commanding staff of the internal affairs bodies of the Russian Federation, the State Fire Service, bodies for control of the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penal system"), guarantees of compulsory state insurance of the life and health of a police officer are established and monetary compensation is provided for in in the event of an employee’s death, injury or other damage to health occurring in connection with the performance of official duties, or as a result of an illness acquired during the period of service.

If a police officer, while performing his official duties, receives an injury or other health damage that precludes the possibility of further service, he is paid a one-time benefit in the amount of two million rubles (provided for by Part 5 of Article 43 of the Federal Law of February 7, 2011 “On the Police” No. 3- Federal Law; hereinafter referred to as the Law).

Family members of a police officer and his dependents are paid a one-time benefit in the amount of three million rubles in equal shares in the event of the death of a citizen of the Russian Federation that occurs within one year after dismissal from police service due to injury or other damage to health received in connection with the performance of official duties, or due to an illness received during service in the police, which excluded his possibility of further service (in accordance with Part 3 of Article 43 of the Law). At the same time, the Law does not establish restrictions on the payment of one-time benefits to family members in the case of payment of a one-time benefit to the employee himself.

In accordance with Part 6 of Article 43 of the Federal Law of February 7, 2011 No. 3-FZ “On Police”, in the event of injury or other damage to health caused to a police officer in connection with the performance of official duties, excluding the possibility of further service in the police and resulting in permanent loss of ability to work, he is paid monthly monetary compensation in the amount of lost salary as of the day of dismissal from police service, minus the amount of the assigned disability pension, with subsequent recovery of the paid amounts of compensation from the guilty persons.

In this case, the amount of the said monthly monetary compensation is subject to recalculation taking into account the increase (increase) in the salaries of police officers, made in the manner established by law Russian Federation.

Also, according to Part 8 of Article 43 of the Federal Law “On Police”, damage caused to property belonging to a police officer or his close relatives in connection with the performance of official duties is compensated in full from budgetary allocations of the federal budget with the subsequent recovery of the paid amount of compensation from the perpetrators .

In order to implement the provisions of Article 43 of the Federal Law “On Police”, Order No. 590 of the Ministry of Internal Affairs of Russia was issued on June 18, 2012 “On approval of the Instructions on the procedure for paying one-time benefits in the event of death or injury to an employee of the internal affairs bodies of the Russian Federation, monthly monetary compensation, as well as amounts to compensate for damage caused to the property of an employee of the internal affairs bodies of the Russian Federation or his close relatives” (hereinafter referred to as Order of the Ministry of Internal Affairs of Russia No. 590).

Order of the Ministry of Internal Affairs of Russia No. 590 establishes the procedure for paying one-time benefits in the event of death or injury to an employee of the internal affairs bodies of the Russian Federation, monthly monetary compensation, as well as amounts in compensation for damage caused to the property of an employee of the internal affairs bodies of the Russian Federation or his close relatives.

Order of the Ministry of Internal Affairs of Russia No. 590, being subordinate normative act, cannot independently establish any rights and obligations of citizens that are not based on normative legal acts of higher legal force.

Considering the above, I would like to dwell on one of the issues, namely the assignment (recalculation) of monetary compensation to persons dismissed from service in the internal affairs bodies in the period from April 18, 1991 to January 1, 2012.

In order to ensure the right to receive monetary compensation of these persons, as well as when recalculating the amount of monthly monetary compensation assigned and paid in accordance with the legislation of the Russian Federation before the entry into force of Order of the Ministry of Internal Affairs of Russia No. 590, it became necessary to determine the amount of lost monetary allowance in the manner and amount established by current regulatory legal acts in this area.

At the same time, since the monthly and other additional payments provided for by law from January 1, 2012 were previously absent and were not actually established in relation to the category of persons under consideration, the use of these payments in the appropriate amounts is not possible.

Taking into account the above, calculations were made to determine the ratio of the monthly salary (monthly salary in accordance with the position being filled and monthly salary in accordance with the assigned rank) and monthly bonus to the monthly salary for length of service (length of service), accepted for calculating pensions from January 1, 2012, and the amount of other monthly and other additional payments.

As a result of the calculations, a coefficient of 1.55 was obtained, established in paragraph 17 of the Instruction on the procedure for making payments to compensate for damage caused in connection with the performance of official duties to employees of the internal affairs bodies of the Russian Federation or their close relatives, approved by order of the Ministry of Internal Affairs of Russia dated June 18 2012 No. 590.

This coefficient makes it possible to establish as the average monthly earnings (income) taken to calculate the amount of lost monetary allowance for the category of persons in question for the payment of monthly monetary compensation, an amount equivalent to the amount of monetary allowance that they could receive if they served in the internal affairs bodies Russian Federation after January 1, 2012. Non-application of the coefficient under consideration, provided that it is impossible to establish the amount of monetary allowance that could be established in relation to the category of persons in question, if they serve after January 1, 2012, will lead to a decrease in the level of their material support.

It should be taken into account that, according to Article 1086 of the Civil Code of the Russian Federation, the amount of earnings (income) lost by the victim to be compensated is determined as a percentage of his average monthly earnings (income) before injury or other damage to health or until he lost his ability to work, corresponding to the degree of loss of professional ability by the victim, and in the absence of professional ability to work - the degree of loss of general ability to work. Thus, the procedure for determining the amount of monthly compensation for damages to health, enshrined in Part 6 of Article 43 of the Federal Law “On Police” as the difference between lost monetary allowance and disability pension, in conjunction with the provisions of Article 1086 of the Civil Code of the Russian Federation, does not allow it to be applied to the procedure for determining the amount of lost monetary allowance, an approach different from that established by Article 1086 of the Civil Code of the Russian Federation.

Which riot police officers are paid risk allowance?

Order of the Ministry of Internal Affairs of Russia dated February 20, 2012 No. 106 was issued in pursuance of the resolution of the Government of the Russian Federation, which granted the right to the Minister of Internal Affairs of the Russian Federation in cases where the specifics of service in the internal affairs bodies of the Russian Federation require the performance of special tasks associated with an increased danger to life and health in peacetime, establish a premium for certain categories of employees on grounds not reflected in the resolution.

The allowance is established for employees of special purpose centers of rapid response forces, mobile units special purpose, special rapid response units of the territorial bodies of the Ministry of Internal Affairs of Russia (all positions), the job regulations (job descriptions) of which include the performance of official duties for: direct participation in special operations (events) to free hostages, detect, block, detain terrorists, members of illegal armed groups (gangs), illegal armed groups, terrorist and sabotage and reconnaissance groups, armed criminals, seizure of weapons, ammunition, explosives and narcotic drugs, psychotropic and toxic substances from illicit trafficking, provision of force support in the prescribed manner to authorized officials of internal affairs bodies , other law enforcement during their investigative actions and operational activities. The bonus is monthly and is set at a fixed rate - 25 percent. official salary, on the above grounds, by order of the head of the unit who has the right to appoint to the position.

Which employees receive additional payments for working with individuals on a confidential basis?

In accordance with subparagraph 1.2 of Appendix No. 1 of Order No. 106 of the Ministry of Internal Affairs of Russia dated February 20, 2012, the allowance for working with persons providing assistance on a confidential basis is established for employees of the internal affairs bodies of the Russian Federation, whose official activity is associated with the performance of the specified work, which is confirmed by the consolidation of such activities in the job description. The bonus is monthly, set at a fixed amount - 10 percent of the official salary, on the above basis, by order of the head of the unit who has the right to appoint to the position.

Based on materials from the Magazine “POLICE OF RUSSIA”, No. 2, 2013.

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