“Six days of work without days off. The procedure for involving police officers in overtime work and performance of official duties at night Working hours in the police
Order of the Ministry of Internal Affairs of the Russian Federation of October 19, 2012 N 961 "On approval of the procedure for attracting employees of internal affairs bodies Russian Federation to fulfillment official duties over the established normal working hours, 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 amendments and additions)
Order of the Ministry of Internal Affairs of the Russian Federation of October 19, 2012 N 961
"On approval of the procedure for engaging employees of the internal affairs bodies of the Russian Federation to perform official duties in excess of the established normal length of service time, as well as at night, weekends and non-working holidays, providing employees of the internal affairs bodies of the Russian Federation with additional days of rest"
With changes and additions from:
In accordance with parts 6 and 10 of Article 53 of the Federal Law of November 30, 2011 N 342-FZ "On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" * (1) - I order:
1. Approve the attached procedure for engaging employees of the internal affairs bodies of the Russian Federation to perform official duties in excess of the established normal length of service 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.
2. Heads (heads) of subdivisions of the central apparatus of the Ministry of Internal Affairs of the Russian Federation, territorial bodies of the Ministry of Internal Affairs of the Russian Federation * (2), educational, scientific, medical and sanitary and sanatorium organizations of the system of the Ministry of Internal Affairs of Russia, district departments of material and technical supply of the system The Ministry of Internal Affairs of Russia, other organizations and divisions created to perform the tasks and exercise the powers assigned to the internal affairs bodies of the Russian Federation, as well as structural units of the territorial bodies of the Ministry of Internal Affairs of Russia, having the right to appoint employees of the internal affairs bodies of the Russian Federation to positions, determine employees of the internal affairs bodies of the Russian Federation, responsible for maintaining the time sheet of employees of the internal affairs bodies of the Russian Federation.
4. To impose control over the implementation of this order on the Deputy Minister S.A. Gerasimov.
______________________________*(1) Collection of Legislation of the Russian Federation, 2011, N 49, art. 7020.
*(3) Registered with the Ministry of Justice of Russia on April 10, 2000, registration N 2190, as amended by orders of the Ministry of Internal Affairs of Russia dated November 16, 2001 N 1010 (registered with the Ministry of Justice of Russia on March 5, 2002, registration N 3282), dated April 8, 2005 N 250 (registered with the Ministry of Justice of Russia on May 6, 2005, registration N 6586), dated May 5, 2006 N 321 (registered with the Ministry of Justice of Russia on July 31, 2006, registration N 8128), dated December 9 2008 N 1074 (registered with the Ministry of Justice of Russia on January 15, 2009, registration N 13082), dated March 14, 2012 N 170 (registered with the Ministry of Justice of Russia on April 20, 2012, registration N 23902), dated June 25, 2012 No. 630 (registered with the Ministry of Justice of Russia on July 25, 2012, registration No. 25025).
The procedure for recruiting police officers to perform their official duties in excess of the established normal working hours, at night, as well as on weekends and non-working holidays.
Such involvement is allowed on the basis of a legal act of the head of the relevant unit, who has the right to appoint employees to positions. This act is communicated to employees against signature. In urgent cases, the decision on overtime or night service may be taken orally by the immediate supervisor. However, within 2 business days, he must report this to the appropriate manager.
The duration of overtime, night service, as well as service on weekends and non-working holidays is recorded in the time sheet of the internal affairs department employees. Its form has been established.
Overtime and night service is compensated by an additional rest time of equal duration, service on weekends and non-working holidays - by an additional day of rest.
Additional rest is provided on other days of the week. If this is not possible, the rest time is summed up and can be added to the annual leave.
The right to additional rest in connection with the performance of official duties at night, on weekends and non-working holidays, is also granted to employees with irregular working hours.
However, additional rest for service during the indicated periods on the basis of the shift schedule is not provided (if the normal length of service time is observed). It also does not apply to employees performing duties in special conditions (for example, as part of a counter-terrorism operation or emergency).
http://www.vz.ru/society/2012/10/12/602254.html
OMON officers refused to go to work due to overload
“I spoke with the head of the Center special purpose forces prompt response Vyacheslav Khaustov, he told me that if the employees do not want to work like this, let them quit,” Mikhail Pashkin, chairman of the police union, told the VZGLYAD newspaper, commenting on the conflict in the capital’s riot police.
On Friday, it became known that a conflict was brewing in the capital's OMON. Several employees of the detachment wanted not to go to work due to severe overload and lack of days off, Interfax reports.
“I was approached by employees of the 4th battalion of the Moscow OMON, who did not want to go to work, as they had worked for six days before,” Mikhail Pashkin, chairman of the coordinating council of the Moscow police union, said at a meeting of an expanded group on further reforming the Ministry of Internal Affairs .
He noted that he was able to persuade the battalion fighters to enter the service, and called on the leadership of the Ministry of Internal Affairs to resolve the issue of organizing the regime of work and rest for police officers.
The press service of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow, commenting on Pashkin's statement, said that all employees of the Moscow OMON go to work according to the schedule.
“The leadership of the Main Directorate of the Ministry of Internal Affairs for Moscow is taking additional measures to compensate police officers for chronic overtime arising from a large number of socio-political events. The policemen will be provided with time off and additional days for vacation,” a representative of the head office told the agency.
Mikhail Pashkin, Chairman of the Coordinating Council of the Trade Union of Moscow Police Officers, told the VZGLYAD newspaper about the conflict that had taken place and how it was affected by the reform of the Ministry of Internal Affairs.
OPINION: Mikhail Petrovich, tell us what caused the conflict in the riot police.
Mikhail Pashkin:Employees of one of the battalions worked seven days in a row without days off, although they are supposed to work according to a two-by-two schedule. The police were indignant and wanted not to go to work at all on their next day off. But I dissuaded them. He said that let's better do what is necessary, and at that time I will turn to the leadership of the Ministry of Internal Affairs to resolve the issue of organizing the regime of work and rest for police officers.
VZGLYAD: Did you talk to their direct superiors about this problem?
M.P.:The day before, I spoke with Vyacheslav Khaustov, head of the Center for Special Operations of the Rapid Response Forces of the capital's headquarters, and he told me that if the employees do not want to work like this, let them quit.
Called the guys on Friday. They told me that the head of the public order department of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow, Vyacheslav Kozlov, and Khaustov, who politely and gently hinted: if you don’t want to work, quit. The fact that people were trained, hundreds of thousands of rubles were spent on them, does not give a damn.
The authorities do not understand that it is necessary to properly plan the work. And everything is like this with them: - you need to go here, go, you need to go there, go. But there are no people. The fact that people are not paid for processing, they do not give time off, they don’t give a damn about it. It is impossible in our time to dispose of people as slaves.
VZGLYAD: What happened to the riot police could be a consequence?
M.P.: Of course yes. The police staff was reduced by 20%, but the workload remained the same and has recently increased due to rallies and demonstrations. Here's an example: why did you have to send a hundred policemen to the last trial in the case of Pussy Riot, when there were only two picketers? That is, they are already beginning to be afraid of any sneeze.
In this case, Center "E", which deals with extremism, should have worked. It was they who should have said that such and such a court, according to our information, would have two or three people, or, conversely, that there would be a large number of people. Why, then, is this center needed at all, if it cannot warn?
VZGLYAD: Do you think the reform of the Ministry of Internal Affairs failed?
M.P.: And there hasn't been any reform yet. There was just a stupid reduction in staff, which led to the fact that there was no one to work. In settlements where 7-10 thousand people live, the district police officer comes once every two weeks. Just imagine, there is no power in the area for two weeks, you can arrange whatever you want: drunk driving, and fights, but there is no one to complain to.
VIEW: As for "road map", is there any use in it?
M.P.:It's a normal thing, now it just needs to be filled with the relevant decrees, government resolutions. If everything is done well, then reform will really begin.
VZGLYAD: How do you see a way out of the current situation in the Ministry of Internal Affairs?
M.P.:As the chairman of the trade union, I think that, first of all, it is necessary to protect the employee from the arbitrariness of the leaders. Because only a protected employee will protect citizens.
Secondly, the police must be accountable to the public. The road map should specify exactly how the opinion of the population will be taken into account. It is necessary that experts say exactly what criteria to judge the effectiveness of police work. And then the bosses will think about what to do - either fill their pockets, or put things in order.
Text: Elena Sidorenko
According to the trade union, now all employees are told to write a report for time off, it is stated that there is a bonus. One of these days, the head of the Glavka A. Yakunin will arrive at the OMON and the bosses are already telling the employees to tell them what questions they will ask A. Yakunin - they say we will prepare for the answers!
In general, sometimes you need to strain the leaders with your appeals to the trade union. Then there will be a sense.
1. Service time - the period of time during which an employee of the internal affairs bodies, in accordance with the internal official regulations of the federal executive body in the field 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 regulatory legal acts of the federal executive body in the field of internal affairs, refer to official time.
2. The normal length of service time for an employee of the 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 adverse climatic or environmental conditions, including remote , - 36 hours per week. An employee has a five-day working week.
3. For an employee of the internal affairs bodies replacing the position teacher 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.
(as amended by Federal Law No. 185-FZ of July 2, 2013)
4. For employees of internal affairs bodies serving in harmful conditions, a reduced working time is established - no more than 36 hours per week. The list (list) of positions in the internal affairs bodies for which reduced service time is established, as well as the procedure and conditions for employees to serve in harmful conditions, are approved by the federal executive body in the field of internal affairs.
5. An irregular working day is established for employees of internal affairs bodies replacing the positions of managers (chiefs) from among the positions of senior and senior commanding staff. 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 who have an irregular working day are provided with additional leave in accordance with Part 5 of Article 58 of this Federal Law.
(see text in previous edition)
6. An employee of the internal affairs bodies, if necessary, may be involved in the performance of official duties in excess of the established normal length of service time, as well as at night, on weekends and non-working holidays in the manner determined by the federal executive body in the field of internal affairs. In this case, the employee is compensated in the form of rest of the appropriate duration on other days of the week. If it is not possible to provide such rest during this period, the time of performance of official duties in excess of the established normal length of service time, as well as at night, on weekends and non-working holidays, is summed up and the employee is provided with additional days of rest of the appropriate duration, which, at his request, can be attached to annual paid leave. At the request of an employee, instead of providing additional days of rest, monetary compensation may be paid to him.
7. The duration of the working day on the eve of non-working holidays is reduced by one hour.
8. If a day off and a non-working holiday coincide, the day off is transferred in the manner determined by the labor
Registration N 25988
In accordance with parts 6 and 10 of article 53 of the Federal Law of November 30, 2011 N 342-F3 "On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" 1 - I order:
1. Approve the attached procedure for engaging employees of the internal affairs bodies of the Russian Federation to perform official duties in excess of the established normal length of service 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.
2. Heads (heads) of divisions of the central apparatus of the Ministry of Internal Affairs of the Russian Federation 2 , territorial bodies of the Ministry of Internal Affairs of the Russian Federation 3 , educational institutions, research, medical and sanitary and sanatorium organizations of the system of the Ministry of Internal Affairs of Russia, district departments of logistics system of the Ministry of Internal Affairs of Russia, other organizations and divisions created to perform the tasks and exercise the powers assigned to the internal affairs bodies of the Russian Federation, as well as structural subdivisions of the territorial bodies of the Ministry of Internal Affairs of Russia, having the right to appoint employees of the internal affairs bodies of the Russian Federation to positions, determine employees of the internal affairs bodies Affairs of the Russian Federation, responsible for maintaining the time sheet of employees of the internal affairs bodies of the Russian Federation.
3. Recognize as invalid the second paragraph of clause 14.3 of the Instruction on the procedure for applying the Regulations on service in the internal affairs bodies of the Russian Federation, approved by order of the Ministry of Internal Affairs of Russia dated December 14, 1999 N 1038 4.
4. To impose control over the implementation of this order on the Deputy Minister S.A. Gerasimov.
Minister Lieutenant General of Police V. Kolokoltsev
1 Collection of Legislation of the Russian Federation, 2011, N 49, art. 7020.
2 With the exception of the High Command of the Internal Troops of the Ministry of Internal Affairs of the Russian Federation.
4 Registered with the Ministry of Justice of Russia on April 10, 2000, registration N 2190, as amended by orders of the Ministry of Internal Affairs of Russia dated November 16, 2001 N 1010 (registered with the Ministry of Justice of Russia on March 5, 2002, registration N 3282), dated April 8, 2005 N 250 (registered with the Ministry of Justice of Russia on May 6, 2005, registration N 6586), dated May 5, 2006 N 321 (registered with the Ministry of Justice of Russia on July 31, 2006, registration N 8128), dated December 9, 2008 N 1074 (registered with the Ministry of Justice of Russia on January 15, 2009, registration N 13082), dated March 14, 2012 N 170 (registered with the Ministry of Justice of Russia on April 20, 2012, registration N 23902), dated June 25, 2012 N 630 (registered with the Ministry of Justice of Russia on July 25, 2012, registration N 25025).
Appendix
The procedure for attracting employees of the internal affairs bodies of the Russian Federation to the performance of official duties in excess of the established normal length of service time, as well as at night, weekends and non-working holidays, providing employees of the internal affairs bodies of the Russian Federation with additional days of rest
1. This Procedure regulates the involvement of employees of the internal affairs bodies of the Russian Federation 1 in the performance of official duties in excess of the established normal length of service time, as well as at night, weekends and non-working holidays, providing employees with additional days of rest.
2. Employees are involved in the performance of official duties in excess of the established normal length of service time, as well as at night, on weekends and non-working holidays on the basis of a legal act of the Minister of Internal Affairs of the Russian Federation, Deputy Minister of Internal Affairs of the Russian Federation, head (head) of a division of the central Office of the Ministry of Internal Affairs of the Russian Federation 2 , territorial body of the Ministry of Internal Affairs of the Russian Federation, educational institution, a research organization of the system of the Ministry of Internal Affairs of the Russian Federation, another organization or subdivision created to perform tasks and exercise the powers vested in 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 head (boss) who has engaged an employee to perform official duties in excess of the established normal working hours, as well as at night, on weekends and non-working holidays, shall bear disciplinary responsibility for the legality and validity of such engagement.
3. In cases of urgency, the decision to involve an employee in the performance of official duties in excess of the established normal length of service time, as well as at night, can be taken and communicated to him by the direct supervisor (chief) orally. In this case, the direct supervisor (chief) within two working days is obliged to report on such involvement by a report to the Minister of Internal Affairs of the Russian Federation, Deputy Minister of Internal Affairs of the Russian Federation, head (head) of the unit of the central office of the Ministry of Internal Affairs of the Russian Federation, territorial body of the Ministry of Internal Affairs of the Russian Federation, an educational institution, a research organization of the system of the Ministry of Internal Affairs of the Russian Federation, another organization or subdivision created to perform the tasks and exercise the powers vested in the internal affairs bodies of the Russian Federation, a structural subdivision of the territorial body of the Ministry of Internal Affairs of the Russian Federation, which has the right appointment of employees to positions 3 . The report indicates the grounds for engaging the employee to perform official duties in excess of the established normal length of service 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 length of service time, as well as at night, weekends and non-working holidays in the bodies, organizations, divisions of the Ministry of Internal Affairs of Russia, time sheets for employees of the internal affairs bodies of the Russian Federation 4 are drawn up (Appendix to this Order). Taking into account the special tasks assigned to the bodies, organizations, units of the Ministry of Internal Affairs of Russia, a legal act of the Ministry of Internal Affairs of the Russian Federation or the head (head) of the body, organization, unit of the Ministry of Internal Affairs of Russia can establish additional forms taking into account the duration of performance by employees of official duties in excess of the established normal duration of official hours, as well as at night, weekends and non-working holidays.
5. Employees responsible for maintaining the time sheet are determined by a legal act of the head (head) of the body, organization, unit of the Ministry of Internal Affairs of Russia. These employees are responsible for the correctness and completeness of filling out the time sheet.
6. An extract from the legal act (its copy) specified in paragraph 2 of this Procedure, a report with a resolution of the head (head) 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 time sheet at the end of the accounting period is transferred to the appropriate personnel department. The completed time sheets are stored in the personnel department for three years from the end of the accounting period.
8. The duration of an 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 total accounting of official time - in excess of the established normal duration of official time for the accounting period.
9. An employee involved in the performance of official duties in excess of the established normal working hours, 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 working hours, as well as at night. An employee involved in the service on a weekend or non-working holiday is provided with compensation in the form of an additional day of rest.
10. Compensation in the form of rest of an appropriate duration is provided to the employee on other days of the week. If it is not possible to provide such rest on other days of the week, the time for performing official duties in excess of the established normal working 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 attached to annual paid leave. The order for the provision of annual paid leave indicates the number of additional days of rest subject to compensation and the type of compensation.
11. Employees who have an irregular working day may be occasionally involved in the performance of official duties in excess of the normal length of working time established for them by decision of the direct supervisor (chief). Compensation in the form of rest of the corresponding duration is not provided for the performance of official duties by the specified employees in excess of the normal length of service time established for them. Employees who have an irregular working day are provided with additional leave in accordance with Part 5 of Article 58 of the Federal Law of November 30, 2011 N 342-FZ "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation" 5 .
12. Engaging employees who have an irregular working day to perform official duties at night, on weekends and non-working holidays, as well as providing them with compensation in the form of rest of the appropriate duration in connection with such involvement, are carried out in accordance with this Procedure.
13. For the performance of official duties by employees at night, on weekends and non-working holidays on the basis of a shift schedule or with a summarized accounting of service time within the normal duration of service time, compensation in the form of additional rest time, 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 who perform the tasks of ensuring law and order and public safety in certain regions of the Russian Federation or who serve under martial law or a state of emergency, armed conflict, counter-terrorism operations, liquidation of the consequences of accidents, natural and man-made disasters, other emergencies and in other special conditions related to heightened danger for life and health, changing the working time regime and introducing additional restrictions, which establish increasing coefficients or allowances for monetary allowance.
15. The provision of additional rest time or additional days of rest for the performance of official duties in excess of the established normal length of service time, as well as at night, on weekends and non-working holidays, based on the report of the employee, agreed with the immediate supervisor (chief), is carried out:
15.1. Minister of Internal Affairs of the Russian Federation, Deputy Minister of Internal Affairs of the Russian Federation, head (head) of a body, organization, subdivision of the Ministry of Internal Affairs of Russia.
15.2. Another head (chief) to whom the relevant right has been granted by the Minister of Internal Affairs of the Russian Federation, Deputy Minister of Internal Affairs of the Russian Federation, head (head) of a body, organization, unit of the Ministry of Internal Affairs of Russia.
16. A report with a resolution of the head (chief) specified in subparagraphs 15.1 and 15.2 of this Procedure is brought to the attention of the employee and transferred to the person responsible for maintaining the time sheet.
17. Unauthorized use by an employee of additional rest time or additional days of rest for the performance of official duties in excess of the established normal length of service time, as well as at night, on weekends and non-working holidays, is not allowed.
18. At the request of an employee, instead of providing additional days of rest, he may be paid monetary compensation 6 in the manner established by Order of the Ministry of Internal Affairs of Russia dated June 27, 2012 N 638 "On approval of the procedure for paying monetary compensation for the performance of official duties in excess of the established normal length of service time, at night, on weekends and non-working holidays to employees of the internal affairs bodies of the Russian Federation" 7 .
2 Under the subdivisions of the central apparatus of the Ministry of Internal Affairs of the Russian Federation in this Procedure are understood subdivisions of the central apparatus of the Ministry of Internal Affairs of Russia, with the exception of the High Command of the Internal Troops of the Ministry of Internal Affairs of the Russian Federation.
5 Collection of Legislation of the Russian Federation, 2011, N 49, art. 7020.
6 Part 6 of Article 53 of the Federal Law "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation".
29.02.2016 36 CommentsThe case on the recovery of compensation for overtime work in the system of the Ministry of Internal Affairs of Russia
(part #1)
In this article, I want to consider the issue of social guarantees for employees of the Ministry of Internal Affairs of Russia, namely the issue of compensation for overtime work. Consideration of this issue will be carried out on the basis of a specific case from my practice as a lawyer.
The plot of the case and the problems.
Often, employees of the Ministry of Internal Affairs of Russia (investigators, detectives, district commissioners, etc.) are involved in overtime service, for such overtime work include, among other things, daily duty as part of the investigative-operational groups.
In the case under consideration, an officer of the Ministry of Internal Affairs of Russia, who is an investigator, was also repeatedly involved in the execution of official duties overtime, namely, to serve as part of the investigative-operational group (hereinafter referred to as the SOG).
Wishing to receive compensation for the performance of official duties overtime, an employee of the Ministry of Internal Affairs of Russia applied with a corresponding report in which he asked for a payment, but such payment was denied to him on the grounds that, in accordance with paragraph 11 of the appendix to the Order of the Ministry of Internal Affairs of Russia dated 19.10.2012 No. 961 "On approval of the procedure for attracting employees of the internal affairs bodies of the Russian Federation to the performance of official duties in excess of the established normal length of service 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", employees who have an irregular working day, may occasionally be involved in the performance of official duties in excess of the normal length of working time established for them by decision of the direct supervisor (chief). Compensation in the form of rest of the corresponding duration is not provided for the performance of official duties by the specified employees in excess of the normal length of service time established for them.
Employees who have an irregular working day are provided with additional leave in accordance with Part 5 of Article 58 of the Federal Law of November 30, 2011 N 342-FZ “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”.
Thus, the leadership of the Ministry of Internal Affairs was motivated that the internal affairs officer is provided with additional vacation days as compensation for an irregular working day and other payments are not due.
Proceedings in the court of first instance.
Disagreeing with the refusal to pay compensation for overtime work (compensation for daily duty as part of the SOG), the employee, who by that time had already left the system of the Ministry of Internal Affairs of Russia, filed a lawsuit to recover the appropriate compensation.
The claim was motivated as follows.
According to part 2 of Art. 53 of the Federal Law of November 30, 2011 No. 342-FZ “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” (hereinafter referred to as the Law “On Service in the Department of Internal Affairs”), the plaintiff, as an employee of the Department of Internal Affairs, was established 40 hour work week.
In accordance with the provisions of part 5 of Art. 53 of the Law "On Service in the Department of Internal Affairs" it is established that an irregular working day is established for employees of the internal affairs bodies replacing the positions of senior and senior commanding staff. Employees for whom an irregular working day is established are provided with additional leave in accordance with Part 5 of Article 58 of the said Federal Law.
Part 6 of the Law "On Service in the Department of Internal Affairs" determines that an employee of the internal affairs bodies, if necessary, may be involved in the performance of official duties in excess of the established normal length of service time, as well as at night, on weekends and non-working holidays in the manner determined by the federal body executive power in the field of internal affairs. In this case, the employee is compensated in the form of rest of the appropriate duration on other days of the week. If it is not possible to provide such rest during this period, the time of performance of official duties in excess of the established normal length of service time, as well as at night, on weekends and non-working holidays, is summed up and the employee is provided with additional days of rest of the appropriate duration, which, at his request, can be attached to annual paid leave.
At the request of an employee, instead of providing additional days of rest, monetary compensation may be paid to him. At the same time, the payment of compensation is provided for in clause 56 of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65 “On approval of the procedure for providing monetary allowance to employees of the Internal Affairs Directorate of the Russian Federation”.
Thus, the federal law, which regulates the procedure for serving in the Department of Internal Affairs, shares the concept irregular business day and concept overtime work. According to Art. 101 Labor Code The Russian Federation follows that irregular working hours are understood as a special mode of work, in accordance with which individual employees can, by order of the employer occasionally if necessary be involved in their labor functions outside of their working hours. An irregular working day does not change the established norm of working time, and overworking in excess of the established working hours in this case should not lead to the transformation of an irregular working day into an extended one.
The performance by the plaintiff of official duties in excess of the established normal length of service time as part of the duty SOG does not fall under legal regulation work within the framework of irregular working hours, since the plaintiff was involved in this work regularly on the basis of approved duty schedules, and, accordingly, the nature of his performance of official duties was not of a forced episodic nature.
Occasionally, the plaintiff was involved in the performance of service within the framework of an irregular working day to speed up the investigation of criminal cases in progress, to protect public order, etc., precisely for the performance said work and the very opportunity to occasionally involve the plaintiff in work within the framework of an irregular working day, the latter received compensation in the form of additional leave.
The plaintiff's performance of duties as part of the SOG falls under the definition of overtime work. In accordance with Part 1 of Article 99 of the Labor Code of the Russian Federation, overtime work is understood as work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working time - in excess of the normal number of working hours for accounting period.
Overtime work is paid for the first two hours at least one and a half times, and for the following hours - at least twice. At the request of the employee, instead of increased pay, overtime work can be compensated by providing additional rest time, but not less than the time worked overtime (Article 152 of the Labor Code of the Russian Federation). According to Art. 153 of the Labor Code of the Russian Federation - work on a weekend or non-working holiday is paid at least double the amount.
Since at the time of the consideration of the case, the employee was dismissed from the internal affairs bodies, he could not be given rest days, and accordingly he is entitled to receive monetary compensation.
way of proof.
- In order to prove the fact that an employee was involved in service beyond the established working hours, the duty schedules on the basis of which the employee performed duties as part of the SOG were demanded with the help of a court request, thus the days for which compensation was collected were determined.
- A request was made to the leadership of the Department of the Ministry of Internal Affairs with a request to clarify the procedure for organizing duty, attracting employees to perform duties as part of the investigative-operational groups, the procedure for serving as part of the investigative-operational group.
- The calculation of compensation was determined as follows: the amount of payment for one hour of work = the amount of salary in cash / 29.4 (average monthly number of calendar days) = 1 day / 8 hours (working time) further × 2 (wages on weekends and non-working holidays ). Further, the indicated amount was multiplied by the number of hours worked as part of the SOG, that is, by 24 hours, since it was found that while being part of the SOG, time for rest is not provided, that is, work is performed within 24 hours.
Summary of the case.
The court of first instance agreed with the plaintiff's arguments that the work performed as part of the investigative-operational group is not work performed within the framework of an irregular working day, but is work in excess of the established length of service time, on weekends and non-working holidays, during In connection with this, in favor of the plaintiff, appropriate compensation, a penalty for delay in payment of compensation, as well as compensation for non-pecuniary damage are subject to recovery.
The court's decision was appealed by the defendant to the Novosibirsk Regional Court, but the court's decision was left unchanged, and the complaint of the Department of the Ministry of Internal Affairs of Russia for the city of Novosibirsk was not satisfied.
The Regional Court, during the appeal hearing, expressed an interesting position on the case, which can be read in the article “The case on the recovery of compensation for overtime work in the system of the Ministry of Internal Affairs of Russia (part No. 2)”.
