Types of social guarantees for employees. Additional social guarantees. Social protection of employees and organizations

"On social guarantees for employees of internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation"

Article 1. Subject of regulation and scope of application of this Federal Law

1. This Federal Law regulates relations related to the salary and pension provision of employees of the internal affairs bodies of the Russian Federation (hereinafter referred to as employees), the provision of living quarters, and medical care for employees and citizens Russian Federation dismissed from service in the internal affairs bodies, and members of their families, as well as providing them with other social guarantees.

2. Family members of an employee and a citizen of the Russian Federation dismissed from service in the internal affairs bodies, and their dependent persons, who are subject to this Federal Law, are considered to be:

1) a spouse who is (were) in a registered marriage with an employee;

2) minor children, children over 18 years of age who became disabled before they reached the age of 18, children under the age of 23 studying in educational institutions for full-time training;

3) persons who are (were) fully supported by an employee (a citizen of the Russian Federation dismissed from service in the internal affairs bodies) or who receive (received) assistance from him, which is (was) for them a constant and main source of livelihood, and also other persons recognized as dependents in the manner established by the legislation of the Russian Federation.

Article 2. Salary of employees

1. The monetary allowance of employees is the main means of their material support and stimulation of their performance official duties.

2. Provision of monetary benefits to employees is carried out in accordance with this Federal Law, legislative and other regulatory legal acts Russian Federation.

3. The monetary allowance of employees consists of a monthly salary in accordance with the position being filled (hereinafter also referred to as the official salary) and a monthly salary in accordance with the assigned special rank (hereinafter referred to as the salary for the special rank), which constitute the monthly salary salary (hereinafter referred to as the monetary salary maintenance), monthly and other additional payments.

4. Salaries for standard positions of employees and salaries for special ranks are established by the Government of the Russian Federation on the proposal of the head of the federal executive body in the field of internal affairs. The salary amounts for other (non-standard) employee positions are established by the head of the federal executive body in the field of internal affairs in relation to the salary amounts for standard positions.

5. The amounts of salaries are increased (indexed) in accordance with the federal law on the federal budget for the corresponding year and for the planning period, taking into account the level of inflation (consumer prices). The decision to increase (indexate) salaries is made by the Government of the Russian Federation.

6. Employees are provided with the following additional payments:

1) monthly bonus to salary for length of service (length of service);

2) a monthly bonus to the official salary for a qualifying title;

3) monthly bonus to the official salary for special conditions of service;

4) a monthly bonus to the official salary for work with information constituting a state secret;

5) bonuses for conscientious performance of official duties;

6) incentive payments for special achievements in service;

7) bonus to official salary for performing tasks related to increased danger for life and health in peacetime;

8) coefficients (regional, for service in high mountain areas, for service in desert and waterless areas) and percentage bonuses provided for by the legislation of the Russian Federation.

7. The monthly bonus to the salary for length of service (length of service) is established in the following amounts for length of service (length of service):

1) from 2 to 5 years - 10 percent;

2) from 5 to 10 years - 15 percent;

3) from 10 to 15 years - 20 percent;

4) from 15 to 20 years - 25 percent;

5) from 20 to 25 years - 30 percent;

6) 25 years or more - 40 percent.

8. The procedure for calculating length of service (length of service) for the payment of the monthly bonus specified in Part 7 of this article is determined by the Government of the Russian Federation.

9. The monthly bonus to the official salary for a qualifying title is established in the following amounts:

1) for the qualification title of third-class specialist - 5 percent;

2) for the qualification title of second class specialist - 10 percent;

3) for the qualification title of first class specialist - 20 percent;

4) for the qualification title of master (highest qualification title) - 30 percent.

10. The monthly bonus to the official salary for special conditions of service is established in the amount of up to 100 percent of the official salary. The procedure for paying a bonus to the official salary for special conditions of service and the amount of such bonus are determined by the Government of the Russian Federation depending on the conditions of service and the nature of the tasks performed.

11. The monthly bonus to the official salary for work with information constituting state secrets is set at up to 65 percent of the official salary. The procedure for paying the specified monthly allowance and its size are determined by the President of the Russian Federation.

12. Bonuses for conscientious performance of official duties at the rate of three salaries per year are paid in the manner determined by the head of the federal executive body in the field of internal affairs.

13. Incentive payments for special achievements in service in the amount of up to 100 percent of the official salary per month are established in the manner determined by the head of the federal executive body in the field of internal affairs. The head of the federal executive body in the field of internal affairs, within the limits of the federal budget allocations for the salary of employees, has the right to establish the amount of incentive payment for special achievements in the service in excess of 100 percent of the official salary.

14. An increase to the official salary for performing tasks associated with an increased danger to life and health in peacetime is paid in the amount of up to 100 percent of the official salary in the manner determined by the Government of the Russian Federation.

15. For the pay of employees serving in the regions of the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote ones, coefficients are established (regional, for service in high mountain areas, for service in desert and waterless localities) and percentage allowances provided for by the legislation of the Russian Federation. To apply the specified coefficients and percentage allowances, the following are taken into account in the monetary allowance:

1) official salary;

2) salary for a special rank;

3) monthly bonus to salary for length of service (length of service);

4) monthly bonus to the official salary for a qualifying title;

5) monthly bonus to the official salary for special conditions of service;

6) a monthly bonus to the official salary for work with information constituting a state secret.

16. The procedure for applying the coefficients and paying interest premiums specified in Part 15 of this article, and the size of such coefficients and percentage premiums are determined by the Government of the Russian Federation.

17. Federal laws and other regulatory legal acts of the Russian Federation, in addition to the additional payments and allowances provided for by this Federal Law, may establish other additional payments and allowances for employees. The specified additional payments and allowances are established differentially depending on the complexity, volume and importance of the tasks performed by employees.

18. The procedure for providing employees with monetary compensation is determined in accordance with the legislation of the Russian Federation by the head of the federal executive body in the field of internal affairs.

19. To employees temporarily serving outside the territory of the Russian Federation, part of their salary is paid in foreign currency in cases, according to the norms and in the manner determined by the Government of the Russian Federation.

20. Part of the salary in foreign currency established for employees in accordance with Part 19 of this article is not taken into account when calculating payments (including pensions and insurance amounts) determined in accordance with the legislative and other regulatory legal acts of the Russian Federation based on salaries content.

21. For employees captured or as hostages, interned in neutral countries, as well as for missing employees (until they are recognized as missing in the manner prescribed by law or declared dead), monetary allowance is retained in full. In these cases, the monetary allowance of these employees is paid to the spouses or other members of their families in the manner determined by the Government of the Russian Federation, until the circumstances of the capture of the employees as prisoners or hostages are fully clarified, until they are released or until they are recognized as missing in the manner prescribed by law or declared dead.

22. An employee temporarily performing duties in another position is paid based on the salary for the temporarily filled position, but not less than the salary for the main position, taking into account additional payments established for him for the main position.

23. An employee who is at the disposal of the federal executive body in the field of internal affairs, its territorial body or an organization included in the system of the said federal body, until the expiration of the period determined by the federal law regulating service in the internal affairs bodies, retains a salary of the amount of the official salary for the last position filled and the salary for a special rank, as well as a monthly bonus to the salary for length of service (length of service). An employee who is at the disposal of the federal executive body in the field of internal affairs, its territorial body or an organization included in the system of the said federal body, and who performs duties in the last position filled, in accordance with the order or directive of the head of the federal executive body in the field of internal affairs or the manager authorized by him, the salary is paid in full. By decision of the head of the federal executive body in the field of internal affairs or a manager authorized by him, an employee who is at the disposal of the federal executive body in the field of internal affairs, its territorial body or an organization included in the system of the said federal body, and who is not performing duties in the last position filled , taking into account the actual volume of official duties performed by him, additional payments may also be made as provided for in Part 6 of this article.

24. If an employee is released from performing job responsibilities in connection with temporary incapacity for work, he is paid a monetary allowance for the entire period of temporary incapacity for work in full.

25. In the event of an employee’s temporary removal from office, he is paid a monetary allowance in the amount of his official salary and salary for a special rank, as well as an allowance to the salary for length of service (length of service).

26. If an employee is accused (suspected) of committing a crime and a preventive measure in the form of detention is chosen against him, payment of salary to such an employee is suspended. If an employee is acquitted or a criminal case against him is terminated on rehabilitative grounds, he is paid a monetary allowance in full for the entire period of detention.

27. Features of providing monetary allowances to certain categories of employees are determined federal laws and other regulatory legal acts of the Russian Federation.

28. 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, conducting a counter-terrorism operation, eliminating the consequences of accidents, natural and man-made disasters, other emergency situations and in other special conditions, associated with an increased danger to life and health, a change in the working time regime and the introduction of additional restrictions, increasing coefficients or allowances are established in amounts determined by the Government of the Russian Federation.

29. Employees seconded in accordance with the legislation of the Russian Federation to state authorities and other state bodies (hereinafter referred to as state bodies) are provided with monetary compensation in the manner determined by the President of the Russian Federation.

30. Employees seconded to organizations in accordance with the legislation of the Russian Federation are provided with monetary compensation in the manner determined by the Government of the Russian Federation. At the same time, the salaries of employees seconded to organizations are established by the heads of these organizations in agreement with the federal executive body in the field of internal affairs.

31. The amounts of official salaries for calculating pensions for persons who, upon dismissal from service in internal affairs bodies, were assigned pensions based on the salaries for the positions they filled in state bodies and organizations, and for members of their families, are established in the manner determined by the Government of the Russian Federation.

Article 3. Benefits and other monetary payments in connection with service in internal affairs bodies and dismissal from service in internal affairs bodies

1. Employees sent to business trip, payments are made for travel expenses in the manner and amount determined by the Government of the Russian Federation.

2. Employees are provided with financial assistance in the amount of at least one salary per year in the manner determined by the head of the federal executive body in the field of internal affairs.

3. When employees move to a new duty station in another locality (including to and from the territory of a foreign state) in connection with appointment to another position, or in connection with enrollment in an educational institution of higher professional education of the federal executive body in the field of Internal Affairs, the duration of training in which is more than one year, or in connection with the relocation of an agency (unit), payments are made to employees and members of their families:

1) lifting allowance - in the amount of one salary per employee and one fourth of the salary for each member of his family who moved to the locality at the employee’s new place of duty, or to a locality nearby the new place of duty, or to another locality a point due to the lack of living quarters at the employee’s new place of duty;

2) daily allowances - for an employee and each member of his family moving in connection with the employee’s transfer to a new duty station, in the amount determined by the Government of the Russian Federation for seconded employees for each day of travel.

4. Employees who use personal transport for business purposes are paid monetary compensation in the manner and amount determined by the Government of the Russian Federation.

5. Employees are paid in the manner determined by the head of the federal executive body in the field of internal affairs, the cost of travel by rail, air, water and road (except for taxis) transport:

1) to the place of treatment or medical examination and back (in case of referral for treatment or medical examination by a medical commission (military medical commission) of a medical organization of the federal executive body in the field of internal affairs);

2) to the place of follow-up treatment (rehabilitation) in a sanatorium-resort institution of the federal executive body in the field of internal affairs and back (in case of referral for follow-up treatment (rehabilitation) by a medical commission of a medical organization of the federal executive body in the field of internal affairs).

6. An employee serving in the regions of the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote ones, or in an internal affairs agency stationed in a subject of the Russian Federation that is part of the Ural, Siberian or Far Eastern federal district, or outside the territory of the Russian Federation, as well as one of his family members, the cost of travel to the place of the main (vacation) vacation on the territory (within) the Russian Federation and back once a year is paid, unless otherwise provided by federal laws or regulations legal acts of the President of the Russian Federation or the Government of the Russian Federation. The procedure for paying for travel of an employee and a member of his family is established by the head of the federal executive body in the field of internal affairs.

7. Employees whose total duration of service in the internal affairs bodies is 20 years or more, upon dismissal from service in the internal affairs bodies, are paid a one-time benefit in the amount of seven salaries, and employees whose total duration of service in the internal affairs bodies is less than 20 years, upon dismissal from service in the internal affairs bodies, a one-time benefit is paid in the amount of two salaries.

8. A one-time benefit is not paid to employees upon dismissal from service in internal affairs bodies on the following grounds:

1) violation by an employee of the terms of the contract for service in internal affairs bodies;

2) gross violation of official discipline;

3) committing an offense that discredits the honor of an employee;

4) conviction for a crime - after the entry into force of a court sentence or termination of criminal prosecution due to the expiration of the statute of limitations, in connection with the reconciliation of the parties (except for criminal cases of private prosecution), as a result of an amnesty act, in connection with active repentance;

5) submission of forged documents or knowingly false information upon entering the service, as well as submission of forged documents or knowingly false information confirming the employee’s compliance with the requirements of the legislation of the Russian Federation in terms of the conditions for filling the relevant positions during the period of service in the internal affairs bodies, if this does not entail criminal liability;

6) repeated violations of official discipline if the employee has a disciplinary sanction applied in writing.

9. Employees who were awarded state awards during their service in the internal affairs bodies ( state award) USSR or Russian Federation or an honorary title, the amount of the one-time benefit increases by one salary.

10. Citizens dismissed from service in internal affairs bodies without the right to a pension, who served in internal affairs bodies and who have a total duration of service in internal affairs bodies of less than 20 years, are paid monthly for one year after dismissal a salary according to a special rank in the order, determined by the Government of the Russian Federation, in case of dismissal on the following grounds:

1) reaching the age limit for being in service;

2) expiration of the period of being at the disposal of the federal executive body in the field of internal affairs, its territorial body or an organization included in the system of the specified federal body, in the absence of the possibility of reassignment;

3) organizational and staffing measures;

4) illness - on the basis of the conclusion of a military medical commission about unfitness for service;

5) state of health - based on the conclusion of the military medical commission about limited suitability for service and the inability to perform official duties in accordance with the position being filled in the absence of the possibility of promotion.

11. Upon dismissal from service in internal affairs bodies due to length of service giving the right to receive a pension, or on the grounds specified in Part 10 of this article, employees, at their request, are paid monetary compensation for the main leave not used in full in the year of dismissal, and upon dismissal for other reasons, in proportion to the period of service in the year of dismissal.

12. Expenses for travel of employees to their chosen place of residence and transportation of up to 20 tons of personal property in containers by rail, and where not railway transport, other modes of transport (except for air when transporting personal property) or the costs of transporting personal property in a separate carriage, baggage or small shipment, but not higher than the cost of transportation in a container, are reimbursed in the manner determined by the Government of the Russian Federation:

1) employees moving to another place of residence in connection with a transfer to a new place of service in another locality by decision of the President of the Russian Federation, or the head of the federal executive body in the field of internal affairs, or the head authorized by him, and members of their families;

2) employees who served in the regions of the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote ones, or outside the territory of the Russian Federation and moving to their chosen place of residence due to dismissal from service in the authorities internal affairs, and members of their families.

Article 4. One-time social payment for the acquisition or construction of residential premises

1. An employee who has served in the internal affairs bodies for at least 10 years in calendar terms has the right to a one-time social payment for the purchase or construction of residential premises once for the entire period of service in the internal affairs bodies (hereinafter referred to as the one-time social payment).

2. A one-time social payment is provided to an employee within the budget allocations provided for by the federal executive body in the field of internal affairs, by decision of the head of the federal executive body in the field of internal affairs, provided that the employee:

1) is not a tenant of a residential premises under a social tenancy agreement or a family member of a tenant of a residential premises under a social tenancy agreement, or the owner of a residential premises or a family member of the owner of a residential premises;

2) is a tenant of a residential premises under a social tenancy agreement or a family member of a tenant of a residential premises under a social tenancy agreement or the owner of a residential premises or a family member of the owner of a residential premises and is provided with a total living area of ​​less than 15 square meters per family member;

3) lives in premises that do not meet the requirements established for residential premises, regardless of the size of the occupied residential premises;

4) is a tenant of a residential premises under a social tenancy agreement or a family member of a tenant of a residential premises under a social tenancy agreement, or the owner of a residential premises or a family member of the owner of a residential premises, if the family includes a patient suffering from a severe form of a chronic disease, in which cohabitation with him in one apartment is impossible, and does not have other residential premises occupied under a social tenancy agreement or owned by right of ownership. The list of relevant diseases is established by the federal executive body authorized by the Government of the Russian Federation;

5) lives in a communal apartment, regardless of the size of the occupied residential premises;

6) lives in a dormitory;

7) lives in an adjacent non-isolated room or in a one-room apartment consisting of two or more families, regardless of the size of the occupied residential premises, including if the family includes parents and married adult children permanently residing with the employee and registered at his place of residence .

3. A one-time social payment is provided no later than one year from the date of death of an employee of the internal affairs bodies in equal parts to family members, as well as to the parents of the employee who died as a result of injury or other damage to health received in connection with the performance of official duties, or due to an illness acquired during service in the internal affairs bodies, if the deceased (deceased) employee has the conditions provided for in Part 2 of this article.

4. A one-time social payment is provided to the employee taking into account his family members living with him.

5. The procedure and conditions for providing a one-time social payment are determined by the Government of the Russian Federation.

6. The right to a one-time social payment is reserved for citizens of the Russian Federation who are dismissed from service in internal affairs bodies with the right to a pension and registered during the period of service as eligible to receive a one-time social payment.

7. An employee who, with the intention of acquiring the right to be registered as entitled to receive a one-time social payment, committed actions that resulted in the deterioration of living conditions, is registered as entitled to receive a one-time social payment no earlier than five years from the date of the commission specified intentional actions.

Today we will try to find out what they are social guarantees workers in a legal context and which specific ones can be provided to the public in a particular case. This issue is not only relevant now, because previously, for all employees when finding employment, there was a need to understand this concept and all the aspects accompanying it.

Concept and types of social guarantees

When you are looking for a job and reading one of the advertisements, you pay attention to the availability social package, an ignorant person is certainly captivated by this. But you need to understand that the presence of such a package is mandatory and in any case is provided to the employee, as it is prescribed by law.

The main guarantees that must be provided, as required by the state, include the following:

  • social insurance (medical insurance, social insurance, contributions to Pension Fund, payment of travel tax);
  • vacation pay;
  • payment of sick leave;
  • travel allowances;
  • compensation for transport expenses.

For more detailed study For a list of all possible guarantees, please refer to labor code. It contains a lot of descriptions, responsibilities and laws on this matter for certain enterprises and different areas of their activity.

The above items are mandatory to be provided by the employer, and not additional services to lure people to work.

Of course, some warranties may be offered that are not listed above. Such items, the so-called additional social guarantees, are also called compensation and motivational.

All clauses of the provided guarantees must meet the following requirements:

  • territorial features;
  • sufficient amount;
  • financial and material sufficiency;
  • procedure for communicating to the employee.

Social guarantees can be divided into:

  • regional;
  • industry;
  • nationwide.

The main task to which it strives general system social guarantees, consists in the formation of a protective mechanism for all elements included in the structures of society, including individual individuals, from destructive processes that take place at any stage of development.

Sources of financing

Regulations on social support population is formed by the administration of a particular locality in the country. And the main sources of financing for this system can be the following formations:

  • state budget;
  • budget of local structures;
  • insurance funds;
  • health insurance fund;
  • State and non-state Pension funds.

The budgets of the above and other social insurance funds are replenished from incoming mandatory payments in the form of a single social tax, subsidies, insurance contributions and funds from the federal budget and other budgets provided for by law. The sources of these formations can be the following:

  1. Penalties and fines.
  2. Reimbursement of money by the insured in the event of claims made due to harm to the insured person.
  3. Profit from the placement of temporarily released compulsory social insurance funds.
  4. Mandatory payment as social support for personnel from persons who voluntarily joined the compulsory social insurance system.
  5. Other income corresponding labor law and legislation.

This or that amount of the above and other similar contributions is established by the Russian tax code and laws on social insurance. These documents also indicate which categories a particular contribution applies to.

The funds allocated for each employee must be spent strictly for the intended purpose, which is established by the law on certain types of compulsory social insurance and on fund budgets for the current financial period.

Social protection of employees and organizations

The interest of employees in any organization and its successful economic development depends on how much more services and benefits are provided to each person during employment and how much the amount differs from the legally established amount.

Under these circumstances, it is possible to reduce staff turnover in an organization, because the employee will not have the desire to lose numerous benefits when leaving. In addition, this policy makes it possible to ensure the existence of employees under the condition of low wages, for example, as in government institutions, or offered in the interests of attracting and retaining good work force, which can be observed in large corporations.

Social guarantees for employees, the development of their personality, and health are the main conditions for the successful functioning of any organization. As a management motivation personnel policy institutions and related social services contribute to meeting the needs of workers, their values ​​and interests. The main goals of social protection include the following:

  1. Comparing the employee with his company (satisfying his needs for involvement in the organization).
  2. Coincidence of the goals of employees and the enterprise.
  3. Height labor productivity and increased desire to work.
  4. Providing a favorable moral atmosphere.
  5. Formation of a favorable social and psychological climate for employees.
  6. Improving the company's image in the eyes of workers.

As modern practice shows, when applying for a job, it is necessary to pay attention to the social guarantees that the institution where you are going to work promises to provide. In this case, it is necessary to select those forms of social protection that are most consistent with meeting needs and interests.

The company's management should pay attention to this issue and conduct various studies in order to be able to implement comfortable conditions for quality and efficient work.

Basic social guarantees and compensations that you must provide to employees under the Labor Code of the Russian Federation:

  1. Providing and paying for sick leave.
  2. Provision and payment annual leave(28 days).
  3. Social insurance.
  4. Payment for travel allowances.
  5. If the work is traveling, payment of transportation costs.
  6. When combining work with training. Compensation must be paid for the duration of the training.
  7. Compensation for forced cessation of work through no fault of the employee.
  8. Compensation when an employee is demoted or transferred to a job with a lower salary.
  9. Compensation if an accident occurs at work.
  10. In certain cases, termination employment contract.
  11. If you yourself have sent an employee for advanced training, then you must compensate him for his absence from the workplace.
  12. Compensation for medical examinations.
  13. Compensation if a person becomes temporarily disabled.

Also, the Labor Code of the Russian Federation (Article 170) stipulates guarantees for employees performing state or public duties, for example, donating blood or acting as a witness in court.

You need to remember that these are mandatory guarantees and do not constitute additional social security. If you operate in the teaching field, then you need to know the following: employees every 10 years continuous operation have the right to a year of leave to write educational literature. They can be provided with either a full or partial salary for the period of vacation, or the teacher can be released “with nothing.” All this is provided at the request of the employee, and you determine the form of payment based on the appropriate recommendation of the council.

I would like to note that social support for staff can be provided through a written collective agreement, which will guarantee safe conditions labor. Various compensations are spelled out there: what, for what, why. Each organization has its own regulations on social support for employees.

Social support for staff can be provided through a written collective agreement, which will guarantee safe working conditions.

Women with children

You probably know that denying a woman with a child a job is at least illegal. There are a few more rules regarding this topic:

  1. If an applicant comes to you and her child is under 1.5 years old, then a job test is not arranged for her.
  2. If your employee’s child is under 3 years old or she is the mother of a disabled child, then you can call her to work the night shift or overtime only with her written consent.
  3. If an employee is on maternity leave, she has the right to go to work part-time or do work at home. In this case, the benefit must remain.
  4. If the child of a woman working for you is not yet 1.5 years old, then, in addition to the main lunch break, she should also be given breaks to feed the child every three hours lasting at least 30 minutes. In cases where there are two or more children, then at least one hour.
  5. During the period of maternity leave, you are obliged to retain the employee's workplace without interruptions in work experience. .

Motivational or additional package

Everything that is not in the law is additional social guarantees. This may include gifts that your company gives to the children of employees on New Year, as well as employees on certain calendar holidays. Gifts from the company for a birthday, wedding, birth of a child, etc. Theater and movie tickets can also motivate an employee. There is an option such as additional payment for length of service. You can also offer compensation for expenses as additional social guarantees. For example, payment cellular communication or gasoline (fuels and lubricants). If an organization provides employees with such guarantees, then staff turnover becomes less, and team cohesion, on the contrary, is higher.

Everything that is not in the law is additional social guarantees.

Whether to assign additional guarantees or provide employees only with what is prescribed by law is entirely your decision. And you need to accept it based on what goals you are pursuing and what opportunities you have. After all, employee motivation is undoubtedly very important for an organization.

Guarantees of social protection for employees of internal affairs bodies of the Russian Federation are enshrined in Federal Law No. 247-FZ of July 19, 2011.

“On social guarantees for employees of internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation”, Chapter 9 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” and Chapter 8 of Federal Law No. 3-FZ of February 2, 2011 “On the Police”.

Data regulations regulate relations related to the salary and pension provision of employees of the internal affairs bodies of the Russian Federation, the provision of living quarters, medical care for employees, citizens of the Russian Federation dismissed from service in the internal affairs bodies, and members of their families, as well as the provision of other social guarantees to them .

The monetary allowance of employees is the main means of providing them with material support and stimulating them to perform their official duties.

The salary of employees consists of a monthly salary in accordance with the position being filled and a monthly salary in accordance with the assigned special rank, which constitute a monthly salary, monthly and other additional payments.

The following additional payments are established for employees:

1) monthly bonus to salary for length of service (length of service);

2) for the qualifying title;

3) monthly bonus to the official salary for special conditions of service;

4) a monthly bonus to the official salary for work with information constituting a state secret;

5) bonuses for conscientious performance of official duties;

6) incentive payments for special achievements in service;

7) an additional salary for performing tasks associated with an increased danger to life and health in peacetime;

8) coefficients (regional, for service in high mountain areas, for service in desert and waterless areas) and percentage bonuses provided for by the legislation of the Russian Federation.

Monthly salary supplement for length of service(length of service) is established in the following amounts for length of service (length of service):

1) from 2 to 5 years – 10 percent;

2) from 5 to 10 years – 15 percent;

3) from 10 to 15 years – 20 percent;

4) from 15 to 20 years – 25 percent;

5) from 20 to 25 years – 30 percent;

6) 25 years or more – 40 percent.

Monthly bonus to official salary for the qualifying title installed in the following sizes:

1) for the qualification title of third-class specialist – 5 percent;

2) for the qualification title of second class specialist – 10 percent;

3) for the qualification title of first class specialist – 20 percent;

4) for the qualification title of master (highest qualification title) – 30 percent.

Monthly bonus to official salary for special conditions of service is established in the amount of up to 100 percent of the official salary. The procedure for paying a bonus to the official salary for special conditions of service and the amount of such bonus are determined by the Government of the Russian Federation depending on the conditions of service and the nature of the tasks performed.

Monthly bonus to official salary for work with information constituting state secrets, is set at up to 65 percent of the official salary. The procedure for paying the specified monthly allowance and its size are determined by the President of the Russian Federation.

Awards for conscientious performance of official duties at the rate of three salaries per year, they are paid in the manner determined by the head of the federal executive body in the field of internal affairs, the head of another federal executive body in which employees serve.

Incentive payments for special achievements in service in the amount of up to 100 percent of the official salary per month are established in the manner determined by the head of the federal executive body in the field of internal affairs, the head of another federal executive body in which employees serve.

The head of the federal executive body in the field of internal affairs, the head of another federal executive body in which employees serve, within the limits of the federal budget allocations for the salary of employees, has the right to establish the amount of incentive payment for special achievements in the service in excess of 100 percent of the official salary.

An increase to the official salary for performing tasks associated with an increased danger to life and health in peacetime is paid in the amount of up to 100 percent of the official salary in the manner determined by the Government of the Russian Federation.

To the monetary allowance of employees serving in the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote ones, odds are set(regional, for service in high mountain areas, for service in desert and waterless areas) and percentage bonuses provided for by the legislation of the Russian Federation.

For employees sent on business trips, payments are made for travel expenses.

It turns out to employees material aid in the amount of at least one salary per year in the manner determined by the head of the federal executive body in the field of internal affairs.

When employees move to a new duty station in another locality (including to and from the territory of a foreign state) in connection with appointment to another position, or in connection with admission to educational organization higher education of the federal executive body in the field of internal affairs for training in educational programs, the development period of which is more than one year, or in connection with the relocation of an agency (unit), employees and members of their families in the manner determined by the head of the federal executive body in the field of internal affairs are paid:

lifting allowance– in the amount of one salary per employee and one fourth of the salary for each member of his family who moved to the locality at the employee’s new place of duty, or to a locality nearby the new place of duty, or to another locality in connection with lack of living quarters at the employee’s new place of duty;

2) daily allowance– for an employee and each member of his family moving in connection with the employee’s transfer to a new duty station, in the amount determined by the Government of the Russian Federation for seconded employees for each day of travel.

Employees are paid in the manner determined by the head of the federal executive body in the field of internal affairs, fare by rail, air, water and road (except taxis) transport:

1) to the place of treatment or medical examination and back (in case of referral for treatment or medical examination by a medical commission (military medical commission) of a medical organization of the federal executive body in the field of internal affairs);

2) to the place of follow-up treatment(rehabilitation) in a sanatorium-resort organization of the federal executive body in the field of internal affairs and back (in case of referral for follow-up treatment (rehabilitation) by the medical commission of a medical organization of the federal executive body in the field of internal affairs).

Employees whose total duration of service in the internal affairs bodies is 20 years or more, upon dismissal from service in the internal affairs bodies, are paid a one-time benefit in the amount of seven monthly salaries, and employees whose total duration of service in the internal affairs bodies is less than 20 years, upon dismissal from service in the internal affairs bodies, are paid a one-time benefit in the amount of two salaries.

An employee who has served in the internal affairs bodies for at least 10 years in calendar terms is entitled to a one-time social payment for the purchase or construction of residential premises once for the entire period of service in the internal affairs bodies.

The procedure and conditions for providing a one-time social payment are determined by the Government of the Russian Federation.

An employee who, with the intention of acquiring the right to be registered as entitled to receive a one-time social payment, committed actions that resulted in the deterioration of living conditions, is registered as entitled to receive a one-time social payment no earlier than five years from the date of committing these intentional actions.

The territorial body of the federal executive body in the field of internal affairs provides employee filling the position of local police commissioner who does not have residential premises on the territory of the relevant municipality, and members of his family living together with him, residential premises of a specialized housing stock within six months from the date of taking up the specified position.

In the event of the transfer of an employee filling the position of a local police commissioner to a position not related to the performance of the duties of a local police commissioner in the territory of the relevant municipality, the specified employee and members of his family living together with him are required to vacate the premises.

An employee has the right to free receiving medical care, including for the manufacture and repair of dentures (except for dentures made of precious metals and other expensive materials), free provision of medicines for medical use according to prescriptions for drugs, free provision medical products as prescribed by a doctor in medical organizations federal executive body in the field of internal affairs.

In the absence of an employee of medical organizations of the federal executive body in the field of internal affairs at the place of service, place of residence or other location, or in the absence of departments of the relevant profile, specialists or special medical equipment the employee has the right to receive medical care in medical organizations state system health and municipal system health care is ok.

Expenses associated with the provision of medical care to an employee are reimbursed to medical organizations of the state health care system and municipal health care system in the manner established by the Government of the Russian Federation, at the expense of budgetary allocations from the federal budget provided for these purposes to the federal executive body in the field of internal affairs.

An employee and members of his family living with him have the right to sanatorium treatment and recreational recreation in the institutions of the federal executive body in the field of internal affairs for a fee in the amount established by the specified federal body.

Conclusion: Federal Law No. 247-FZ of July 19, 2011 “On social guarantees for employees of internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation”, 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”, Federal Law No. 3-FZ of February 2, 2011.

“On the Police” regulates relations related to the salary and pension provision of employees of the internal affairs bodies of the Russian Federation, the provision of living quarters, medical care for employees, citizens of the Russian Federation dismissed from service in the internal affairs bodies, and members of their families, as well as the provision of they have other social guarantees.

Conclusion on the topic: A police officer, performing the duties assigned to the police and exercising the rights granted to the police, acts as a representative of state power and is under the protection of the state.

Topic 1.2.3. “Official discipline in the internal affairs bodies of the Russian Federation”

Purpose of the lesson: consider the concept of official discipline; familiarize with incentive measures, disciplinary sanctions and the procedure for their application; combating corruption in the internal affairs bodies of the Russian Federation.

Study questions:

1. The concept of service discipline in the internal affairs bodies of the Russian Federation.

2. Incentive measures and the procedure for their application. Disciplinary action and the order of their application.

3. Ways to strengthen official discipline. Anti-corruption in the internal affairs bodies of the Russian Federation.

Question No. 1. The concept of official discipline in the internal affairs bodies of the Russian Federation.

Source: https://lektsia.com/6x4f2a.html

Changes in the legislation on social guarantees for police officers (O. Zabolonkova)

Article posted date: 04/10/2015

Subject of regulation and scope of application of Law No. 247-FZV, paragraph 2 of Art. 1 of Law N 247-FZ provides a list of persons who are recognized as family members of an employee for the purpose of extending the effect of Law N 247-FZ to them. Law N 342-FZ now includes spouses who were in a registered marriage with the deceased employee on the day of his death.

Employee benefits

Article 2 of Law No. 247-FZ determines the composition of monetary allowances police officers. In particular, paragraph 6 of this article provides a list of additional payments to employees included in the salary allowance. It includes, among other things, coefficients (regional, for service in high mountain areas, for service in desert and waterless areas) (clause 8, clause 6, article 2 of Law No. 247-FZ).

Law N 342-FZ clarifies that percentage bonuses provided for by the legislation of the Russian Federation are percentage bonuses to monetary allowances for service in the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote ones, in high mountains areas, desert and arid areas.

Note! The name of the bonus to the official salary for performing tasks associated with an increased danger to life and health in peacetime has been changed to the bonus to the official salary for performing tasks directly related to the risk (increased danger) to life and health in peacetime. Monthly bonus to official salary for special conditions of service.

It is established by clause 10 of Art. 2 of Law No. 247-FZ. Law N 342-FZ clarifies that the Government of the Russian Federation determines the procedure for paying this bonus and its maximum dimensions. The specific amounts of the specified monthly allowance are determined by the head of the Ministry of Internal Affairs, the head of another federal executive body in which employees serve.

Monthly bonus to official salary for work with information constituting state secrets. In paragraph 11 of Art. 2 of Law N 247-FZ, an amendment was made according to which the President of the Russian Federation establishes not only the procedure for paying the specified allowance and its size, but also the powers of the head of the Ministry of Internal Affairs, the head of another federal executive body in which employees serve, to establish the amount of the specified monthly allowance for certain categories of employees admitted to state secrets on a permanent basis.

An increase to the official salary for performing tasks directly related to risk (increased danger) to life and health in peacetime.

From new edition clause 14 art. 2 of Law N 247-FZ it follows that the Government of the Russian Federation, as before, establishes the procedure for payment and the amount of this allowance. At the same time, it is clarified that it is the maximum amounts, and not specific amounts, that are determined by the head of the Ministry of Internal Affairs, the head of another federal executive body in which employees serve. Payments to employees seconded to organizations.

Law N 342-FZ clarifies that not only the amounts of official salaries of employees seconded to organizations, but also the amounts of additional payments to such employees are established by the heads of these organizations in agreement with the federal executive body in the field of internal affairs (clause 30 of Article 2 of Law N 247-FZ in the new edition).

Benefits and other monetary payments in connection with service in the internal affairs department and dismissal from service

Clause 5 of Article 3 of Law N 247-FZ lists cases when employees are paid the cost of travel by rail, air, water and road (except for taxis) transport:

  1. to the place of treatment or medical examination and back (in case of referral for treatment or medical examination by a medical commission (military medical commission) of a medical organization of the Ministry of Internal Affairs);
  2. to the place of follow-up treatment (rehabilitation) in a sanatorium-resort organization of the federal executive body in the field of internal affairs and back (in case of referral for follow-up treatment (rehabilitation) by the medical commission of a medical organization of the Ministry of Internal Affairs).

Law No. 342-FZ introduced an addition, according to which employees will now be paid for travel to the place of medical and psychological rehabilitation and back in accordance with clause 11 of Art. 11 of Law No. 247-FZ (new paragraph 3, clause 5, Article 3 of Law No. 247-FZ).

Clause 7 of Art. 3 of Law N 247-FZ establishes that employees whose total duration of service in the internal affairs bodies is 20 years or more, upon dismissal from service in the internal affairs bodies, are paid a one-time benefit in the amount of seven salaries.

And employees whose total duration of service in the internal affairs bodies is less than 20 years, upon dismissal from service in the internal affairs bodies, are paid a one-time benefit in the amount of two salaries.

Law No. 342-FZ has made a clarification to this provision that when calculating this benefit, the salary is determined based on the official salary and salary for a special rank established for the employee on the day of dismissal from service.

One-time social payment for the purchase or construction of residential premises

Article 4 of Law N 247-FZ establishes that an employee who has served in the internal affairs bodies for at least 10 years in calendar terms has the right to a one-time one-time social payment for the purchase or construction of residential premises.

Law N 342-FZ expanded the period of service for which this payment is made: if previously the period of service only in the internal affairs department was taken into account, now - the entire period civil service, including services in the police department.

It is also clarified that the Government of the Russian Federation determines not only the rules and conditions for the provision of this payment, but also the procedure for calculating its size and the procedure for calculating the length of service in the internal affairs department for its provision (clause 5 of Article 4 of Law N 247-FZ as amended by Law N 342- Federal Law).In clause 7 of Art.

4 of Law N 247-FZ establishes that if an employee committed actions that resulted in the deterioration of living conditions in order to receive payment, then he can be registered as eligible to receive it only no earlier than five years from the date of committing these intentional actions .

Law N 342-FZ defines which actions are considered intentional, resulting in a deterioration in the employee’s living conditions.

These are the actions associated:

  • with the move-in of other persons into the residential premises (with the exception of the move-in of his wife, minor children, children over 18 years of age who became disabled before they reached the age of 18 years);
  • with the exchange of living quarters;
  • with failure to comply with the terms of the social tenancy agreement, resulting in eviction from the residential premises without the provision of another residential premises or with the provision of another residential premises, the total area of ​​which is less than the total area of ​​the previously occupied residential premises;
  • with the allocation of a share by the owners of residential premises;
  • with the alienation of residential premises or parts thereof.

In addition, a new norm has been established, according to which the Government of the Russian Federation, taking into account the characteristics of professional and official activities employees and in order to increase the motivation for the effective performance of their official duties, certain categories of employees may be determined, the provision of a one-time social payment to which is allowed without taking into account the conditions provided for in paragraphs 2 and 7 of Art. 4 of Law No. 247-FZ (clause 8 of Article 4 of Law No. 247-FZ).

The procedure for providing a one-time social payment in this case is also determined by the Government of the Russian Federation (clause 9 of Article 4 of Law No. 247-FZ).

Provision of residential premises of the housing stock of the Russian Federation under a social rental agreement

Clause 1 of Art. 6 of Law N 247-FZ established that employees, citizens of the Russian Federation, dismissed from service in the internal affairs department, registered as needing residential premises by the relevant territorial body of the Ministry of Internal Affairs, other federal executive body in which the employees serve, before March 1, 2005 city, and the members of their families living together with them are provided by the specified federal body with residential premises of the housing stock of the Russian Federation under a social tenancy agreement with the subsequent transfer of these premises into municipal ownership.

Law No. 342-FZ clarifies that in this case, the composition of the family members of an employee, a citizen of the Russian Federation, is determined in accordance with the Housing Code of the Russian Federation. For information. According to clause 1 of Article 69 of the Housing Code of the Russian Federation, family members of a tenant of residential premises under a social tenancy agreement include his spouse living with him, as well as the children and parents of this tenant.

Other relatives and disabled dependents are recognized as family members of the tenant of the residential premises under a social tenancy agreement if they are settled by the tenant as members of his family and run a common household with him. In exceptional cases, other persons may be recognized as family members of the tenant of a residential premises under a social tenancy agreement in court.

Also, Law No. 342-FZ establishes that when providing employees with a one-time social payment at their request in accordance with Art. 4 of Law N 247-FZ, they are deregistered as those in need of residential premises (Clause 2, Article 6 of Law N 247-FZ, as amended). The norm for providing residential space In Clause 3 of Art.

7 of Law N 247-FZ provides a list of persons who have the right to additional living space of 20 square meters. m. It is supplemented by clause 3.1 with the following content: if an employee has the right to additional living space for several reasons, the size of such area is not summed up.

Medical support and spa treatment

Article 11 of Law No. 247-FZ regulates the specifics of medical care and sanatorium-resort treatment of employees and members of their families. Law No. 342-FZ also amended this article, which boils down to the following.

Previous rights to named species social security had members of his family living together with the employee, now there is no link to cohabitation and the employee’s dependents have been added to the list of these persons (clauses 3, 4, 5, 6, 10 of Article 11 of Law No. 247-FZ as amended).

In addition, a new clause 12 has been introduced into the designated article, which establishes the following.

Features of the organization of medical care in medical organizations of the Ministry of Internal Affairs, including sanatorium-resort treatment, to employees, citizens of the Russian Federation dismissed from service in the internal affairs department, members of their families and dependent persons, are established by the head of the Ministry of Internal Affairs, unless otherwise provided by law. RF.

Employees' compensation fund

An important change to Law No. 247-FZ is the introduction of a new art. 12.1, which regulates the formation of the salary fund for employees of the Department of Internal Affairs. Clause 1 of Art. 12.

1 of Law N 247-FZ establishes that the employee compensation fund consists of a monetary compensation fund for employees of the central apparatus of the Ministry of Internal Affairs, another federal executive body in which employees serve, and a monetary compensation fund for employees serving in territorial bodies and institutions (organizations) ) the relevant federal executive body.

When forming a salary fund for employees in excess of the amount of funds allocated for the payment of official salaries and salaries for a special rank, funds are provided for the following payments (per year) (clause 2 of Article 12.1 of Law No. 247-FZ):

  • monthly bonus to salary for length of service (length of service);
  • monthly bonus to the official salary for a qualifying title;
  • a monthly bonus to the official salary for special conditions of service; 4) a monthly bonus to the official salary for working with information constituting a state secret;
  • bonuses for conscientious performance of official duties;
  • incentive payments for special achievements in service;
  • bonuses to the official salary for performing tasks directly related to an increased danger to life and health in peacetime;

annual financial assistance.Salary fund for individual employees federal bodies executive power from among the federal executive bodies specified in paragraph 1 of Art. 12.1 of the said Law, is formed from the funds provided for in its paragraph 2 of Art. 12.1, as well as at the expense of funds provided for:

1) to pay an increase in salary, taking into account the coefficients or allowances established in accordance with clause 28 of Art. 2 of Law N 247-FZ, 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, conducting a counter-terrorism operation, eliminating the consequences of accidents, natural and man-made disasters, etc. emergency situations and other special conditions associated with an increased danger to life and health, changes in the working hours and the introduction of additional restrictions;

2) for the payment of coefficients for service in high mountain areas, in desert and waterless areas and percentage bonuses to pay for service in the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote ones, in high mountains areas, desert and waterless areas provided for by the legislation of the Russian Federation (clause 8, clause 6, article 2 of Law N 247-FZ).

To apply the specified coefficients and percentage allowances, the following are taken into account as part of the monetary allowance (clause 15 of Article 2 of Law No. 247-FZ):

  1. official salary; - salary for a special rank;
  2. monthly bonus to salary for length of service (length of service);
  3. monthly bonus to the official salary for a qualification rank; - monthly bonus to the official salary for special conditions of service;
  4. monthly bonus to the official salary for work with information constituting state secrets;
  5. for other payments established by federal laws and other regulatory legal acts of the Russian Federation. The procedure for forming the employee salary fund is determined by the Government of the Russian Federation.

The amendments made to Law No. 247-FZ clarify the current rules on social guarantees for internal affairs bodies employees, and also regulate the procedure for the formation and use of the monetary allowance fund for internal affairs bodies employees.

Source: http://xn----7sbbaj7auwnffhk.xn--p1ai/article/277

Federal Law on social guarantees for employees of internal affairs bodies of the Russian Federation

The complexity and responsibility of service in the police department requires additional social guarantees provided by the state. The receipt by employees of benefits and subsidies, additional material support is regulated by Federal Law No. 237. The law establishes the rules and procedure for providing support to employees of internal affairs bodies.

Direction of social programs

The Federal Law establishes the areas of social protection for employees at the federal level; regional authorities have the authority to expand the standard list through local funding.

The main tasks to support police officers are:

  • increasing material support;
  • pension benefits;
  • benefits for long service and merit;
  • housing provision;
  • medical and preventive care;
  • care for family members of employees;
  • regular and one-time monetary compensation during service;
  • social protection, reimbursement of expenses and provision of benefits.

Material support in the police department

The law specifies the procedure by which an employee’s earnings are calculated. Material support consists of two parts, for the position according to the staffing table and the existing rank. Salaries are regulated by government regulations, is subject to mandatory indexation and changes by government decree.

Currently, remuneration consists of the following income items:

  • length of service;
  • work with increased risk;
  • existing titles and completed qualification courses;
  • keeping state secrets during secret work;
  • service under conditions of increased load and difficult climatic conditions;
  • conscientious performance of duties, confirmed by awards and incentives.

Interest rates and accrual coefficients are established by law, according to which the amount of payments for each employee is calculated. At the same time, changes in data affecting the receipt of material benefits lead to payments from the date of documentary confirmation.

Benefits and social compensation during service

If an employee is transferred by order of management to another place of employment, then he is entitled to a one-time compensation for the move. The employee receives a monthly salary, and 1/4 of his salary is transferred to each member of his family.

When going on a business trip, an employee can count on payment of daily allowance, travel and living expenses. Contribution rates are established by law at the federal level and cannot be adjusted downward.

When using a personal car for business purposes, the owner is paid for fuel and depreciation, and travel by public transport is compensated according to the provided travel documents. Having medical indications for spa treatment allows you to travel to your destination for free.

Housing for police officers

Having worked in the authorities for more than 10 years, an employee acquires the right to a one-time subsidy to improve housing conditions. You can receive funds for the construction or purchase of real estate in the amount established by the regional government. Size state aid determined at the federal level, taking into account regional conditions.

If an employee’s family occupies an area that is less than housing standards, or belongs to a communal fund or dormitory, then these circumstances make it possible to become a participant in the housing program.

The Federal Law on Social Guarantees for employees of internal affairs bodies guarantees improved living conditions in three ways.

The apartment can be registered under a social tenancy agreement, as a service fund, or transferred into the ownership of a police officer.

The law regulates the provision of additional square meters if the applicant has an academic degree or a certain title. District commissioners also have additional rights in the housing issue.

Pension issue

Employees are provided with early retirement based on length of service or disability determined in connection with their employment. In the event of the loss of a breadwinner, the family receives a pension and a number of additional benefits By utility bills And social assistance children.

All changes social policy for police officers, they are approved at the federal level and cannot be cut or canceled by the local government.

are divided into mandatory, established by law, and additional, the appearance of which is determined by an agreement between the employer and the team of employees. Let's take a closer look at them.

Legislative basis of social guarantees

Social guarantees for employees form the basis of social policy in the sphere of labor, which can be considered in 2 aspects:

  • from the position of the state, seeking to establish uniform principles of relations between employees and employers, to smooth out the consequences of the employee’s dependence on the employer;
  • from the point of view of the employer, who creates working conditions that are attractive to employees.

Social guarantees at the state level can be:

  • national - established by the Labor Code of the Russian Federation for all employees;
  • industry - determined by the relevant legislative acts depending on the characteristics of labor in specific industries;
  • regional - introduced at the level of the subject by its laws.

Industry and regional guarantees can significantly expand the guarantees established by the Labor Code of the Russian Federation and determine the existence of fundamental differences that arise both among industries and between regions. For employers belonging to the relevant industry or region, providing employees with social guarantees provided for by law at any level is mandatory. However, they have the right to expand their circle by committing themselves to additional guarantees for persons who are their employees.

Social guarantees provided for by the Labor Code of the Russian Federation

Largest quantity social guarantees for employees contains the text of the Labor Code of the Russian Federation. One part of them is highlighted in a special section, and the other is included directly in the texts of those chapters to which the guarantees relate. For example, guarantees related to:

  • with the conclusion of an employment contract (Chapter 11):
    • limiting the age for admission to work and determining the reasons prohibiting refusal of admission (Articles 63-64);
    • establishing a list of documents required for employment, and the obligation to formalize in writing all terms of the relationship (Articles 65-68);
    • mandatory medical examinations when applying for jobs involving harm or danger to health for people under 18 years of age (Article 69);
    • limiting the conditions for establishing a test, making it mandatory before starting work, taking into account the likelihood of employee dissatisfaction with work (Articles 70, 71);
  • with the provision of rest (chapter 19):
    • limiting the minimum duration of main leave and additional holidays, associated with harm or danger during work, as well as provided for irregular working hours (Articles 115, 117, 119);
    • mandatory annual leave with the possibility of its transfer and division in parts (Articles 122, 124, 125);
    • the inadmissibility of replacing the next main vacation with cash payments, but the obligatory nature of such payment for all unused vacation upon dismissal (Articles 126, 127);
  • with the establishment of wages (chapter 21):
    • application unified system payment and payment terms that do not allow infringement of the employee’s rights either in comparison with those established by the Labor Code of the Russian Federation or in relation to other employees (Articles 135, 136, 140);
    • increased pay for work under special working conditions (Articles 147-149, 154), preservation high pay when forced to perform work of lower qualifications (Articles 150, 151);
    • establishment minimum size additional payments for working overtime or on weekends (holidays) (Articles 152, 153);
  • compliance with labor protection requirements (chap. 34-36):
    • taking measures to make the employee’s working conditions as safe as possible (Articles 212-214, 219, 220);
    • provision of personal protective equipment and disease prevention (Articles 221-223);
  • with compensation for damage caused to the employee (Chapter 38):
    • due to deprivation of his opportunity to work (Article 234);
    • through damage to property (Article 235);
    • due to delayed wages (Article 236);
    • as a result of moral damage (Article 237);
  • with assignment to a certain category of persons (chapter 41):
    • pregnant women and those with children (Articles 253-264);
    • workers under 18 years of age (Articles 265-271);
    • managers (Article 279);
    • part-time workers (Articles 286, 287);
    • adopted by fixed-term contract, for the season and working on a rotational basis(vv. 289-291, 295, 299, 302).

A special section of the Labor Code of the Russian Federation includes guarantees related to:

  • with business trips (Chapter 24), obliging the employer to maintain the employee’s place of work and average salary, as well as to reimburse all expenses associated with the trip;
  • with the performance of state (public) duties (Chapter 25), for which the employee is released from his main job while retaining his place and salary;
  • with receipt additional education for the first time (Chapter 26), obliging the employer to provide paid study leave of a certain duration or other (paid or unpaid) time for study;
  • with the dismissal of employees (Chapter 27), providing for the availability of advantages for some persons in remaining at work during a reduction in numbers, payment in certain cases of severance pay and compensation.

Social guarantees for teaching staff

Social guarantees for teaching staff established by the Labor Code of the Russian Federation (Articles 333-335) and the Law “On Education in the Russian Federation” dated December 29, 2012 No. 273-FZ (Clause 5, Article 47):

  • reduction of working hours;
  • periodic receipt of additional professional pedagogical education;
  • extended annual basic leave and once every 10 years leave lasting up to 12 months;
  • early assignment of an old-age pension;
  • providing those in need with social or specialized (rented) housing;
  • other measures legally established in the Russian Federation and its regions.

Social guarantees for medical workers

Establishing guarantees for medical workers, Art. 72 of the Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” dated November 21, 2011 No. 323-FZ mainly refers to the guarantees contained in the Labor Code of the Russian Federation, listing in addition to them the following:

  • the possibility of retraining at the expense of the employer if it is impossible to perform one’s job due to health conditions or due to the downsizing (liquidation) of the organization;
  • periodic certification for qualification category and taking into account its results when setting salaries;
  • Creation non-profit organizations professional orientation;
  • professional liability insurance;
  • additional guarantees established in the Russian Federation and regions.

Social guarantees for police officers

Unlike guarantees for pedagogical and medical workers, social guarantees established for police officers are given an entire chapter (Chapter 8) in the Law “On the Police” dated 02/07/2011 No. 3-FZ. Shown here:

  • features of the formation of remuneration for labor, including the establishment of allowances;
  • mandatory annual life and health insurance at the expense of the budget;
  • the amount of benefits paid to family members and dependents in the event of the death of a police officer;
  • the amount of benefits in connection with disability received in the performance of duties, broken down into amounts paid from the budget and withheld from the guilty persons;
  • mandatory compensation from the budget for property damage with subsequent deduction of damage from the perpetrators;
  • provision of housing (employee, rented or own) and medical care (including for family members);
  • free travel on all types of transport when performing official duties, and in other cases - the right to an extraordinary purchase of tickets when traveling on a business trip and to a free travel pass within the locality;
  • priority provision of children of police officers with places in educational institutions and health camps.

Additional social guarantees

The establishment of additional social guarantees is made by agreement between the employer and employee and is enshrined in their joint document(collective agreement). This document can be created not only by one employer for a single workforce. It is acceptable to accept it:

  • for the industry;
  • workers' groups and employers' groups;
  • separate separate divisions of the same employer.

The Labor Code of the Russian Federation, allowing the parties to independently determine the form, composition and content of the collective agreement, outlines the range of issues that can be included in it (Article 41):

  • applied remuneration systems and the procedure for forming all components salaries;
  • obligations to pay additional compensation, benefits, and salary indexation;
  • additional conditions that provide financial incentives for systematic professional development and additional education;
  • parameters of the work and rest regime, including the conditions for granting additional leaves;
  • labor protection measures complementing the Labor Code of the Russian Federation;
  • additional benefits provided to employees and members of their families.

The employer may, for example, undertake to:

  • additional payment for length of service (length of service);
  • issuing financial assistance for certain reasons;
  • payment for gifts to employees on holidays;
  • payment of expenses for a personal telephone, transport, fuel and lubricants, provision of parking spaces;
  • full or partial payment for meals at work;
  • life, health and additional medical insurance;
  • providing sick employees with additional days of paid rest;
  • payment for medical care;
  • full or partial payment for vacation;
  • providing the employee with free tickets to cultural events or the opportunity to visit the gym;
  • paying for places in kindergartens or creating your own kindergarten(groups);
  • compensation of expenses (full or partial) for children’s holidays and for preparing them for school or studying in educational institutions.

A collective agreement may also contain guarantees provided to young professionals, labor veterans or pensioners who have retired from the employer who signed this agreement.

Results

The current legislation of the Russian Federation contains a sufficient number of social guarantees for working persons, provided for both by the Labor Code of the Russian Federation and other laws that apply to certain industries or regions. In addition, employers have the right to take on additional responsibilities in terms of social guarantees that increase the attractiveness of working for them.