1. Service time - the period of time during which an employee of internal affairs bodies, in accordance with the internal official regulations federal body executive power in the sphere of internal affairs, its territorial body, division, official regulations ( job description) and the terms of the contract must fulfill his official duties, as well as other periods of time that, in accordance with federal laws and regulations of the federal executive body in the field of internal affairs, relate to official time.

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

3. For an employee of internal affairs bodies holding a position teaching worker educational organization higher education federal executive body in the field of internal affairs, the normal length of service time is established in accordance with this Federal Law.

(edited) Federal Law dated July 2, 2013 N 185-FZ)

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

5. An irregular working day is established for employees of internal affairs bodies who fill the positions of managers (supervisors) from among the positions of senior and senior management personnel. An order of the head of the federal executive body in the field of internal affairs or an authorized head may establish an irregular working day for employees holding other positions determined by the list of positions in the internal affairs bodies, approved by the federal executive body in the field of internal affairs. 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.

(see text in the previous edition)

6. An employee of the internal affairs bodies, if necessary, may be involved in carrying out official duties in excess of the established normal duration business hours, as well as at night, on weekends and non-working hours holidays in the manner determined by the federal executive body in the field of internal affairs. In this case, the employee is provided with compensation in the form of rest of the appropriate duration on other days of the week. If it is impossible to provide such rest during a given period, 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. At the request of the employee, instead of providing additional days of rest, he may be paid monetary compensation.

7. The length of a working day on the eve of non-working holidays is reduced by one hour.

8. If a day off coincides with a non-working holiday, the day off is transferred in the manner determined by the working day

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Federal Law "On Police" of the Russian Federation

1. For police officers, the normal length of service time is established to be no more than 40 hours per week.

2. Police officers, if necessary, may be involved in the performance of official duties beyond set duration weekly official 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 of official duties by a police officer in excess of the established duration of weekly duty time, as well as at night, on weekends and non-working holidays, is compensated by providing him with rest of the corresponding duration on other days of the week. If it is impossible to provide such rest, the time spent performing official duties in excess of the established duration of weekly duty 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 appropriate duration, which can be added at his request. to annual paid leave. At the request of a police officer, instead of providing additional days of rest, 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 monetary compensation, provided for in Part 3 of this article, are 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 conditions of an armed conflict, during the liquidation of the consequences of accidents, natural and man-made disasters and other emergency situations, it is allowed in the manner determined by the federal executive body in the field of internal affairs, for a period of no more than six months during a calendar year, changing the working hours of a police officer, assigning additional duties to him, sending him to another locality, temporary transfer to another unit without changing the nature of the service, as well as the establishment of other special conditions and additional restrictions without the consent of the police officer.

[RF Law “On Police”] [Chapter 7] [Article 37]

1. For police officers, the normal length of service time is established to be no more than 40 hours per week.

2. Police officers, if necessary, may be involved in performing official duties beyond the established duration of weekly duty 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 of official duties by a police officer in excess of the established duration of weekly duty time, as well as at night, on weekends and non-working holidays, is compensated by providing him with rest of the corresponding duration on other days of the week. If it is impossible to provide such rest, the time spent performing official duties in excess of the established duration of weekly duty 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 appropriate duration, which can be added at his request. to annual paid leave. At the request of a police officer, instead of providing additional days of rest, 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 paying monetary compensation provided for in Part 3 of this article are 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 conditions of an armed conflict, during the liquidation of the consequences of accidents, natural and man-made disasters and other emergency situations, it is allowed in the manner determined by the federal executive body in the field of internal affairs, for a period of no more than six months during a calendar year, changing the duty schedule of a police officer, assigning additional duties to him, sending him to another location, temporarily transferring him 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 comment on the entry “Article 37 Law on Police. Peculiarities of the duty time regime for police officers”

Article 37. Features of the duty time regime for 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 performing official duties in excess of 40 hours a week. However, in accordance with Part 2, Clause 14.3 of the above Instructions on the procedure for applying the Regulations on Service in the Internal Affairs Bodies Russian Federation, this right can be exercised only by written order of the head of the relevant internal affairs body or the person performing his duties, with the provision of appropriate compensation to the police officer.
2. The right to compensation for performing additional duties without being released from one’s main job for an absent employee (during his vacation, illness, business trip, training) in accordance with the labor legislation of the Russian Federation, all employees, with the exception of full-time deputies, have. In this case, the period for performing additional duties and the amount of additional payment are determined by order of the relevant head of the internal affairs agency (clause 14.4 of the Instructions on the procedure for applying the Regulations on Service in the Internal Affairs Agencies of the Russian Federation).
3. An accident is a dangerous man-made incident that creates a threat to the life and health of people at an object, a certain territory or water area and leads to the destruction or damage of buildings, structures, equipment and Vehicle, disruption of the production or transport process, causing damage environment(clause 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: Collection. legislation of the Russian Federation. 2010. N 1. Art. 5.

4. Accidents can also be called other, nevertheless similar types of phenomena. Including a disaster. Catastrophe - a major accident that resulted in loss of life, damage to human health, or destruction or destruction of objects, material assets in a significant amount, and also led to serious damage to the natural environment<273>.
———————————
<273>See: Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B. Modern economic dictionary. M.: INFRA-M, 2006 // reference system"Consultant Plus".

5. There are also many emergency situations (incidents). For example, an aircraft emergency is an event related to the operation of an aircraft, but not related to an aviation accident, in which one of the following consequences occurs:
— the death of anyone on board the aircraft as a result of intentional or careless 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 areas where access is open to passengers and crew members;
— death of crew members or passengers as a result of adverse effects external environment after an emergency landing of an aircraft outside the airfield;
— death or fatal injury to any person outside the aircraft as a result of direct contact with the aircraft, its elements or a gas-air jet 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 maintenance 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 the Investigation of Aircraft Accidents and Incidents with Civilians). aircraft In Russian federation<274>).
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<274>See: On approval of the Rules for the investigation of aviation accidents and incidents with civil aircraft in the Russian Federation: Decree of the Government of the Russian Federation of June 18, 1998 N 609 // Collection. legislation of the Russian Federation. 1998. N 25. Art. 2918.

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

Irregular working hours

In accordance with Art. 53 of the Federal Law “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Regulatory Legal Acts of the Russian Federation” dated November 30, 2011 No. 342-FZ, the normal length of service 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 holding senior and senior management positions.

Internal regulations of the federal body

executive power in the field of internal affairs, its territorial body, division, an irregular working day may be established for employees holding other positions in internal affairs bodies, in accordance with the list of positions in 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 Labor Code In the Russian Federation, an irregular working day is a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their duties. labor functions outside the working hours established for them. From the above norm of the Labor Code it follows that if personnel are called to work every day at the same time (that is, not occasionally), then this is overtime work, and not an irregular working day.

An employee of internal affairs bodies, if necessary, may be involved in the performance of official duties beyond the established normal duration of official 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 provided with compensation in the form of rest of the appropriate duration on other days of the week. If it is impossible to provide such rest during a given period, 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. At the request of the employee, instead of providing additional days of rest, he may be paid monetary compensation.

In accordance with clause 1.6. Order of the Ministry of Internal Affairs of Russia dated September 6, 2012 N 849 “On additional leave for irregular work days for employees of the internal affairs bodies of the Russian Federation,” additional leave is established for the following duration:

For employees filling positions of senior management - 10 calendar days.

For employees filling senior management positions - 9 calendar days.

Employees filling positions of rank and file, junior and middle management specified in the List of this order, and which the internal official regulations establish an irregular working day - 7 calendar days.

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

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Irregular working hours, what does this mean in the Ministry of Internal Affairs?

After the release of Federal Law 961, “non-standardized” police officers (for example, a district police officer) can be recruited at the request of the manager overtime around the clock.

How to limit the irrepressible ardor of a biased leader?

Order of the Ministry of Internal Affairs of Russia 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 duty time, as well as at night, weekends and non-working holidays, providing employees of internal affairs bodies of the Russian Federation additional days of rest" (Registered with the Ministry of Justice of Russia on November 30, 2012 N 25988)

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

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.

Employees who have an irregular working day may sporadically be involved in the performance of official duties beyond the normal length of service time established for them by decision of the direct supervisor (boss). For the performance by these employees of official duties beyond the normal length of service time established for them, compensation in the form of rest of the appropriate duration is not provided (clause 11).

Involving employees who have an irregular working day in the performance of official duties in night time, weekends and non-working holidays, as well as providing them in connection with such attraction compensation in the form of rest of the appropriate duration is carried out in accordance with this Procedure.

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

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

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 Russian Federation":

Article 72. Official dispute in internal affairs bodies

1. An official dispute in the internal affairs bodies (hereinafter referred to as an official dispute) is an unresolved disagreement on issues relating to the application of federal laws, other regulatory legal acts of the Russian Federation in the field of internal affairs and a contract, between the head of the federal executive body in the field of internal affairs or an authorized the head and an employee of the internal affairs bodies or a citizen entering service in the internal affairs bodies or who previously served in the internal affairs bodies, as well as between the direct manager (boss) or the immediate manager (boss) and the employee.

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

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

5. In case of missing good reasons within the time limits established by part 4 of this article, the head of the federal executive body in the field of internal affairs or an authorized head has the right to extend the corresponding period and consider the official dispute on the merits.

6. A report from an employee of the internal affairs bodies or a written statement of a citizen entering the service of the internal affairs bodies or previously serving in the internal affairs bodies about the resolution of an official dispute is subject to mandatory registration on the day of its submission.

7. An official dispute is considered by the head of the federal executive body in the field of internal affairs or an authorized head within one month from the date of submission of the report by an employee of internal affairs bodies or from the date of submission of a written application by a citizen entering service in the internal affairs bodies or previously serving in internal affairs bodies affairs, in the manner determined by the federal executive body in the field of internal affairs.

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

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

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Application

Order
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:

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 performing official duties beyond the established normal duration of official time, as well as at night, on weekends and non-working holidays on the basis legal act Minister of Internal Affairs of the Russian Federation, Deputy Minister of Internal Affairs of the Russian Federation, head (chief) of a unit of the central apparatus of the Ministry of Internal Affairs of the Russian Federation, territorial body of the Ministry of Internal Affairs of the Russian Federation, educational, scientific organization system of the Ministry of Internal Affairs of the Russian Federation, another organization or unit created to perform tasks and exercise powers assigned to the internal affairs bodies of the Russian Federation, as well as a legal act of the head (chief) structural unit territorial body of the Ministry of Internal Affairs of the Russian Federation, which has 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, scientific organization of the system of the Ministry of Internal Affairs of the Russian Federation, another organization or unit created to perform tasks and exercise powers assigned to the internal affairs bodies of the Russian Federation, a structural unit of a territorial body of the Ministry of Internal Affairs of the Russian Federation, which has the right to appoint 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 Order). 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 granted additional leave in accordance with Part 5 of Article 58 of Federal Law No. 342-FZ of November 30, 2011 “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 related to increased danger for life and health, changing the working time regime and introducing 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.

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