Question:

Good afternoon My name is Egor, I serve under a contract at a communications center. I take over the database in a day, well, in principle this is not a problem. Can I take overtime while on vacation?

Egor, 27 years old, Sevastopol

Answer:

Egor, hello! In accordance with paragraphs. 1, 3, 3.1 art. 11 of the Federal Law of May 27, 1998 No. 76-FZ (as amended on December 28, 2013) “On the status of military personnel” (hereinafter referred to as the Law), the total duration of the weekly service time of military personnel undergoing military service under a contract, with the exception of the cases specified in paragraph 3 of this article must not exceed the normal duration of weekly working hours established by federal laws and other regulatory legal acts of the Russian Federation. The involvement of these military personnel in the performance of military service duties beyond the established duration of weekly service time in other cases is compensated by rest of the corresponding duration on other days of the week. If it is impossible to provide the specified compensation, the time spent performing military service duties in excess of the established duration of weekly service time is summed up and provided to military personnel in the form of an additional day of rest, which can be added to the main leave at the request of these military personnel. The procedure for recording service time and providing additional days of rest is determined by the Regulations on the procedure for military service.

Combat duty (combat service), exercises, ship voyages and other events, the list of which is determined by the Minister of Defense of the Russian Federation (the head of another federal executive body in which military service is provided for by federal law), are carried out if necessary without limiting the total duration of weekly service time. Additional days of rest, which compensate military personnel for participation in these activities, are not counted towards the main and additional leave and are provided in the manner and under the conditions determined by the Regulations on the procedure for military service.

Military personnel undergoing military service under a contract, participating in events that are carried out if necessary without limiting the total duration of weekly service time, at their request, instead of providing an additional day of rest, may be paid monetary compensation in the amount of salary for each additional day of rest required. The procedure and conditions for the payment of monetary compensation are established by the head of the federal executive body in which military service is provided for by federal law.

Military personnel undergoing military service in formations and military units of permanent readiness, transferred in the prescribed manner to be staffed by military personnel undergoing military service under a contract (hereinafter referred to as formations and military units of permanent readiness), additional rest in accordance with paragraphs. 1 and 3 of this article are not provided.

Based on clause 2 of the “List of events that are carried out if necessary without limiting the total duration of the weekly service time of military personnel” approved by Order of the Ministry of Defense of the Russian Federation dated November 10, 1998 No. 492 (as amended on February 14, 2010) “On approval of the list of events that are carried out without limitation the total duration of the weekly service time of military personnel", combat duty (combat service) are defined as activities that are carried out without limiting the total duration of the weekly service time of military personnel.

According to clause 5 of Appendix No. 2 to the “Regulations on the procedure for military service”, approved by Decree of the President of the Russian Federation of September 16, 1999 No. 1237 (as amended on March 25, 2013) “Issues of military service”, the time for attracting a serviceman undergoing military service contract, for events carried out without limiting the total duration of weekly service time, counted in days. For every three days of involvement in the above-mentioned activities, the specified serviceman is provided with two days of rest established by clause 3 of Art. 11 of the Law (based on the distribution of service time and rest time in one day - 8 hours and 12 hours). Rest time that compensates for participation in these activities is provided to a soldier serving under a contract, as a rule, upon completion of these activities, taking into account the need to maintain the combat readiness of the unit and the interests of the service.

Egor, if you are not serving in a formation (military unit) of permanent readiness, then an additional day of rest for participation in these activities, at your request, can be added to the main leave, or you can be paid monetary compensation.

Otherwise, you will not be provided with additional rest.

Alexander Tomenko, military lawyer

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ORDER of the Ministry of Defense of the Russian Federation dated 10-11-98 492 (as amended on 14-02-2010) ON APPROVAL OF THE LIST OF EVENTS THAT ARE CARRIED OUT IN... Relevant in 2018

LIST OF EVENTS THAT ARE CARRIED OUT WITHOUT LIMITATION ON THE TOTAL DURATION OF WEEKLY SERVICE TIME OF MILITARY SERVANTS

dated 14.02.2010 N 80)

1. Activities related to the introduction of higher levels of combat readiness or the announcement of mobilization, including for training purposes.

2. Combat duty (combat service).

3. Activities for operational and combat training of military command and control bodies and troops (forces):

operational exercises;

operational - tactical exercises;

tactical live-fire exercises;

command and staff exercises;

command and staff training;

tactical and special exercises;

experimental and exploratory exercises;

mobilization and special exercises;

war games;

maneuvers of troops (forces);

operational - field trips;

departures to sea of ​​ships (vessels) and submarines, aviation sorties according to the combat training plan, performing missions to support fleet forces, inter-base transitions and in emergency circumstances.

4. Checking the state of combat and mobilization readiness, organization of combat work, performance of special tasks, combat training:

planned;

sudden;

5. Inspection of troops (forces).

6. Conducting state, factory and sea trials of newly developed or modernized weapons and military equipment.

Clauses 7 - 9 - Lost force.

(as amended by Order of the Minister of Defense of the Russian Federation dated February 14, 2010 N 80)

10. Implementation of activities in emergency zones. Participation of troops in ensuring the state of emergency.

11. Implementation of measures to eliminate accidents, catastrophes and natural disasters, carrying out quarantine measures.

13. Loading (unloading) of weapons and ammunition onto carriers, the production of which cannot be stopped without completing the technological processes.

14. Participation in peacekeeping operations.

15. Perform other combat and special tasks determined by current legislation.

Chief of the General Staff
Armed Forces of the Russian Federation
army General
A. KVASHNIN
06.11.98

The issue of involving military personnel in work outside the boundaries established by the Constitution of the Russian Federation and other regulatory legal acts of the country, including those regulating the life and activities of military personnel, is not even discussed as a matter of course in military units. Duty time, smoothly flowing from day to day, often including weekends and holidays, has become the norm in military units. And this applies not only to units of constant combat readiness. But who can imagine that commanders who engage officers and other categories of contract military personnel to perform official duties beyond the established duration of weekly duty time often abuse their rights and grossly violate the rights of the military personnel themselves.
Violations begin with the absence in most units, as practice shows, of an appropriate log of service time, which, in excess of the established one, the serviceman spent on resolving issues of military service as necessary or at the whim of his father-commanders. The obligation to keep such a journal and its form are prescribed in the Regulations on the procedure for military service (Appendix 2). The same procedure for recording service time requires military personnel under a contract to confirm with a signature the correctness of the accounting records. No log, no signatures - this means the serviceman was not involved in the performance of military service duties in excess of the established norm of weekly service time, or did not participate in events carried out without limiting the total duration of weekly service time, and, therefore, does not have the right to demand additional days of rest or vacation etc.

As for the abuses of the command in terms of attracting or, more precisely, forcing military personnel to stay in service longer than established by the regulations of duty time (daily routine), we can say the following: the involvement of military personnel, like any other employees, to work and perform official duties during overtime can be sporadic , but not regular! No law gives the commander the right to use a military personnel in peacetime at his discretion for any length of time. The limitation on the commander's rights is confirmed, among other things, by the limited number of days of rest provided to contract servicemen as compensation for overtime activities.

In the process of judicial protection of a serviceman’s rights to personal time, the provision of additional rest time, the court evaluates the available appropriate evidence in the case - the presence of a Service Time Log and its contents. If a serviceman is not interested in his rights and does not require keeping records and does not control the correctness of its completion, then one should not expect a miracle or intercession from the court. As a rule, in the absence of written evidence of the involvement of a serviceman in the performance of duties beyond the established weekly duration of service time, applications (complaints) should be refused. This, theoretically, should spur commanders of all levels to restore order in this matter and protect the rights of their subordinates. But, as practice shows, the interests of subordinates are far from being in the first place for many, many bosses.
And to confirm the above, I provide the text of the Procedure for recording service time.

Appendix No. 2
to the Regulations on Procedure
military service
ORDER
OFFICE TIME ACCOUNTING AND PROVISION
EXTRA DAYS OF REST
1. Accounting for the time when contract military personnel are involved in performing military service duties on weekdays in excess of the established duration of weekly duty time (hereinafter referred to as overtime) and separately accounting for the involvement of these military personnel in performing military service duties on weekends and holidays (in hours), as well as accounting (in days) of the additional days of rest granted to them in accordance with paragraph 1 of Article 11 of the Federal Law “On the Status of Military Personnel” and the rest time provided to them (in hours) is kept by the unit commander in the journal.
2. The form and procedure for maintaining the journal are established by the head of the federal executive body in which military service is provided.
The correctness of the entries in the journal is confirmed weekly by the signature of the serviceman.
3. When the total overtime time (the total time for performing official and special duties on weekends or holidays, taking into account the time required for a military personnel to arrive to the place of duty from the place of residence and back) reaches the daily time established by the regulations of duty time for the performance of official duties, a soldier performing military service under a contract, at his request, is provided with additional days of rest on other days of the week or they are added to the main vacation.
Additional days of rest of no more than 30, added to the vacation, are not included in the duration of the main vacation.
4. Information on the number of additional days of rest added to the main leave is submitted by the unit commander to the headquarters of the military unit (personnel authority).
5. The time of involvement of a serviceman performing military service under a contract in activities carried out without limiting the total duration of weekly service time is counted in days. For every three days of involvement in these activities, the specified serviceman is provided with two days of rest, established by paragraph 3 of Article 11 of the Federal Law “On the Status of Military Personnel” (based on the distribution of service time and rest time in one day - 8 hours and 12 hours). Rest time that compensates for participation in these activities is provided to a soldier serving under a contract, as a rule, upon completion of these activities, taking into account the need to maintain the combat readiness of the unit and the interests of the service.
6. Military personnel (including conscripted military personnel) who participated in voyages of ships (ships, submarines), long-distance flights of aircraft, space flights, or who performed special tasks for more than one month to restore constitutional order, who took part in the implementation measures of a state of emergency, in the liquidation of the consequences of natural disasters and other emergency situations, instead of an additional day of rest for medical and psychological rehabilitation and restoration of health, a rest of up to 30 days (rehabilitation leave) can be organized.

In accordance with paragraph 3 of Article 11 of the Federal Law of May 27, 1998 N 76-FZ “On the status of military personnel”* I order:

1. Approve the attached List of activities that are carried out, if necessary, without limiting the total duration of the weekly service time of military personnel of the federal state security agencies performing military service under a contract.

2. Recognize as invalid the orders of the FSO of Russia dated June 18, 1999 N 197 “On approval of the List of activities that are carried out if necessary without limiting the total duration of weekly service time of military personnel of the FSO of Russia serving under contract” (registered with the Ministry of Justice of Russia on July 16 1999, registration N 1833) and dated April 5, 2003 N 100 “On amendments to the List of activities that are carried out, if necessary, without limiting the total duration of weekly service time of military personnel of the FSO of Russia serving under contract, approved by order of the FSO of Russia dated June 18, 1999 N 197" (registered with the Ministry of Justice of Russia on April 29, 2003, registration N 4458).

Director of the Federal Security Service of the Russian Federation E. Murov

___________________

* Collection of Legislation of the Russian Federation, 1998, No. 22, Art. 2331; 2000, N 1 (part II), art. 12, N 26, art. 2729, N 33, art. 3348; 2001, N 1 (part I), art. 2, N 31, art. 3173, N 53 (part I), art. 5030; 2002, N 1 (part I), art. 2, N 19, art. 1794, N 21, art. 1919, N 26, art. 2521, N 48, art. 4740, N 52 (part I), art. 5132; 2003, N 46 (part I), art. 4437, N 52 (part I), art. 5038; 2004, N 18, art. 1687, N 30, art. 3089, N 35, art. 3607; 2005, N 17, art. 1483; 2006, N 1, art. 1, art. 2, N 6, art. 637, N 19, art. 2062, art. 2067, N 29, art. 3122, N 31 (part I), art. 3452, N 43, art. 4415, N 50, art. 5281; 2007, N 1 (part I), art. 41, N 2, art. 360, N 10, art. 1151, N 13, art. 1463, N 15, art. 1820, N 26, art. 3086, Art. 3087, N 31, art. 4011, N 45, art. 5431, N 49, art. 6072, N 50, art. 6237; 2008, N 24, art. 2799, N 29 (part I), art. 3411, N 30 (part II), art. 3616, N 44, art. 4983, N 45, art. 5149, N 49, art. 5723, N 52 (part I), art. 6235; 2009, N 7, art. 769, N 11, art. 1263, N 30, art. 3739, N 51, art. 6150, N 52 (part I), art. 6415; 2010, N 30, art. 3990, N 50, art. 6600; 2011, N 1, art. 16, art. 30, N 17, art. 2315.

Application

List of activities that are carried out, if necessary, without limiting the total duration of weekly service time for military personnel of federal state security agencies performing military service under a contract

1. Activities related to the introduction of higher levels of combat readiness or the announcement of mobilization, including for training purposes.

2. Activities carried out during business trips related to the preparation and implementation of security measures to ensure the safety of state security facilities.

3. Operational and investigative activities directly related to ensuring the safety of state security facilities and one’s own safety.

4. Counter-terrorism operations and (or) other measures to combat terrorism.

5. Exercises and other practical exercises conducted according to the plan of service and combat training, including in cooperation with federal executive authorities, in which military service is provided for by law.

6. Activities related to transportation, loading (unloading) of weapons, military and special equipment and their samples, as well as ammunition.

7. Measures to eliminate the consequences of accidents, catastrophes and natural disasters, participation in quarantine measures.

8. State, factory, operational, acceptance (including joint) tests of newly developed or modernized weapons, military and special equipment.

Note. The activities provided for in this List are carried out without limiting the total duration of weekly service time only if it is necessary to carry them out continuously for one day or more without replacing the military personnel participating in these activities.

1. The total duration of weekly service time for military personnel performing military service under a contract, with the exception of the cases specified in paragraph 3 of this article, should not exceed the normal duration of weekly working time established by federal laws and other regulatory legal acts of the Russian Federation. The involvement of these military personnel in the performance of military service duties beyond the established duration of weekly service time in other cases is compensated by rest of the corresponding duration on other days of the week. If it is impossible to provide the specified compensation, the time spent performing military service duties in excess of the established duration of weekly service time is summed up and provided to military personnel in the form of an additional day of rest, which can be added to the main leave at the request of these military personnel. The procedure for recording service time and providing additional days of rest is determined by the Regulations on the procedure for military service.

1.1. For certain categories of military personnel performing military service under a contract in state security agencies, other federal laws may establish a total duration of weekly service time other than that provided for in this article (non-standardized service day). These military personnel are granted additional annual leave of up to 10 days. The procedure and conditions for granting additional annual leave for an irregular working day are determined by the head of the federal executive body in the field of state security.

(clause 1.1 introduced by Federal Law dated July 1, 2017 N 148-FZ)

2. The length of service time for military personnel undergoing military service upon conscription is determined by the daily routine of the military unit in accordance with the requirements of general military regulations. At the same time, these military personnel are provided daily with at least eight hours of sleep and two hours for personal needs, with the exception of cases determined by general military regulations.

3. Combat duty (combat service), exercises, ship voyages and other events, the list of which is determined by the Minister of Defense of the Russian Federation (the head of another federal executive body or federal government body in which military service is provided for by federal law), are carried out if necessary without restrictions total weekly working time. Additional days of rest, which compensate military personnel for participation in these activities, are not counted toward the main and additional leave and are provided in the manner and under the conditions determined by the Regulations on the procedure for military service.

(as amended by Federal Laws dated November 8, 2008 N 203-FZ, dated June 4, 2014 N 145-FZ)

Military personnel undergoing military service under a contract, participating in events that are carried out if necessary without limiting the total duration of weekly service time, at their request, instead of providing an additional day of rest, may be paid monetary compensation in the amount of salary for each additional day of rest required. The procedure and conditions for the payment of monetary compensation are established by the head of the federal executive body or federal government agency in which military service is provided for by federal law.

(paragraph introduced by Federal Law dated July 27, 2006 N 153-FZ; as amended by Federal Law dated June 4, 2014 N 145-FZ)

3.1. Lost power. - Federal Law of December 27, 2018 N 545-FZ.

4. Military personnel undergoing military service on conscription, as well as military personnel undergoing military service under a contract in military professional educational organizations and military educational organizations of higher education and military training units, are provided with at least one day of rest weekly. The rest of the military personnel performing military service under a contract are provided with at least one day of rest weekly, but not less than six days of rest per month.

(as amended by Federal Laws dated April 26, 2004 N 29-FZ, dated July 2, 2013 N 185-FZ, dated December 27, 2018 N 545-FZ)

Rest days are provided to military personnel on weekends and holidays, and when they are involved in military service duties on these days, rest is provided on other days of the week.

5. Military personnel performing military service under a contract are granted basic leave annually.

The duration of the main vacation is established:

for military personnel whose total duration of military service in preferential terms is less than 10 years - 30 days;

for military personnel whose total duration of military service in preferential terms is 10 years or more - 35 days;

for military personnel whose total duration of military service in preferential terms is 15 years or more - 40 days;

for military personnel whose total duration of military service in preferential terms is 20 years or more - 45 days.

The duration of the main leave of military personnel performing military service under a contract in the year of entry into military service under a contract and in the year of dismissal from military service is calculated in the manner determined by the Regulations on the procedure for performing military service.

Military personnel performing military service under a contract in the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote ones, as well as in military positions, the performance of military service duties in which is associated with an increased danger to life and health, the duration of the main leave is increased by up to 15 days or an additional day of rest is provided in accordance with the standards established by the Regulations on the procedure for military service. In this case, the total duration of the main vacation, taking into account additional days of rest, cannot exceed 60 days, not counting the time required to travel to the place of use of the vacation and back.

(as amended by Federal Laws dated December 31, 1999 N 229-FZ, dated July 6, 2006 N 104-FZ)

The paragraph has been deleted. - Federal Law of July 26, 2001 N 105-FZ.

At the request of military personnel performing military service under a contract, the main leave may be granted to them in parts.

Paragraphs eleven to fourteen became invalid on January 1, 2008. - Federal Law of July 6, 2006 N 104-FZ.

Military personnel who have received secondary vocational education or higher education in a military professional educational organization or a military educational organization of higher education are granted basic leave immediately after receiving the appropriate education.

The duration of the main leave of military personnel is increased by the number of days required to travel to the place where the leave is used and back, but not less than one day one way. If the main leave for military personnel is granted in parts, then the time required to travel to the place of use of the leave and back is granted once.

5.1. Military veterans of combat operations specified in the Federal Law “On Veterans” (as amended by Federal Law No. 40-FZ of January 2, 2000) are granted leave of 15 days.

(clause 5.1 introduced by Federal Law dated July 26, 2001 N 105-FZ, as amended by Federal Law dated December 4, 2006 N 203-FZ)

6. Military personnel undergoing military service under a contract are provided with educational leave to prepare for entrance examinations and pass entrance examinations for admission to educational programs of secondary vocational education and higher education, passing intermediate and final certification for the specified educational programs in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

(as amended by Federal Law dated July 2, 2013 N 185-FZ)

7. Military personnel undergoing military service under a contract, as well as cadets of military professional educational organizations and military educational organizations of higher education, before concluding a contract with them for military service during the period of study in the specified educational organizations, are granted vacation leave during breaks in training for periods , determined by this Federal Law and the Regulations on the procedure for military service. Vacation leave provided to the specified military personnel in the summer (summer vacation leave) is the main vacation, and vacation leave provided in the winter (winter vacation leave) is an additional vacation and is not counted towards the main vacation.

(as amended by Federal Laws dated December 4, 2006 N 203-FZ, dated July 2, 2013 N 185-FZ, dated December 14, 2015 N 370-FZ)

8. Military personnel undergoing military service under a contract who are applicants for academic degrees are granted sabbatical leave in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

(as amended by Federal Law dated May 4, 2006 N 61-FZ)

9. Military personnel are granted sick leave based on the conclusion of the military medical commission.

9.1. Military personnel subject to medical and psychological rehabilitation in accordance with paragraph 2.1 of Article 16 of this Federal Law are granted rehabilitation leave for the period of medical and psychological rehabilitation in the manner determined by the Regulations on the procedure for military service.

(clause 9.1 introduced by Federal Law dated November 8, 2008 N 203-FZ)

10. Leave for personal reasons for up to 10 days is granted to a military personnel in the following cases:

serious health condition or death (death) of a close relative of a serviceman (spouse, father (mother), father (mother) of a spouse, son (daughter), sibling or a person in whose care the serviceman was;

a fire or other natural disaster that befell the family or close relative of a serviceman;

in other exceptional cases, when the presence of a serviceman in the family is necessary, by decision of the commander of the military unit.

The duration of leave for personal reasons granted to a military personnel in accordance with this paragraph is increased by the number of days required for travel by land (water, air) to the place where the leave is used and back.

Military personnel whose total duration of military service is 20 years or more, in one year out of three years before they reach the age limit for military service or in the year of dismissal from military service for health reasons or in connection with organizational and staffing measures, in addition to the main leave for If they wish, they are granted leave for personal reasons for 30 days. The specified leave is also provided to military personnel who, in accordance with federal laws, perform military service after they have reached the age limit for military service and have not used the specified leave before. This leave is granted once during the period of military service.

11. Spouses of military personnel, at their request, are granted leave simultaneously with the leave of military personnel. In this case, the duration of leave for spouses of military personnel can, at their request, be equal to the duration of leave for military personnel. Part of the leave of military spouses that exceeds the duration of annual leave at their main place of work is provided without pay.

12. Leaves provided for in paragraphs 1.1, 5.1, 6, 8 - 10 of this article, leaves established for military personnel by the Law of the Russian Federation "On social protection of citizens exposed to radiation due to the disaster at the Chernobyl nuclear power plant", and leaves granted after a space flight, are additional and are not counted towards the main vacation.

(as amended by Federal Laws dated July 26, 2001 N 105-FZ, dated April 26, 2004 N 29-FZ, dated July 1, 2017 N 148-FZ)

13. Female military personnel are granted maternity leave, as well as child care leave in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

(as amended by Federal Laws dated August 22, 2004 N 122-FZ, dated February 2, 2006 N 20-FZ)

Federal Law “On the Status of Military Personnel”- N 76-FZ - establishes the foundations of Russian policy in the field of legal and social protection of military personnel, citizens of our country discharged from military service, and members of their families. Defines and regulates the freedoms and rights, duties and responsibilities of military personnel. Considers in detail such issues as status, protection of honor, freedom, dignity of military personnel, the rights of military personnel, citizens discharged from military service, and members of their families to participate in the management of state affairs and public associations, service time for rest, trade and consumer services, food and clothing provision for military personnel, etc.

The Federal Law “On the Status of Military Personnel” of 2015 No. 76-FZ was adopted on March 6, 1998.

This Federal Law, in accordance with the Constitution of the Russian Federation, defines the rights, freedoms, duties and responsibilities of military personnel, as well as the foundations of state policy in the field of legal and social protection of military personnel, citizens of the Russian Federation discharged from military service, and members of their families.