With changes and additions from. The procedure for attracting employees of the internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration of official time, as well as at night, weekends and non-working holidays

Are you here: Reporting

MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION (Ministry of Internal Affairs of Russia)

Department of State

service and personnel

I.E. Suslov

St. Academician Komarov, Moscow, 127276

Gazetny lane, 6, Moscow, 125009

30.11.2015 № 21/С-7467

The Department of Civil Service and Personnel of the Ministry of Internal Affairs of Russia has considered your appeal. We will inform you on the substance of the questions raised.

1. In accordance with Part 6 of Article 53 of the Federal Law of November 30, 2011 No. 342-FE “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), an employee of internal affairs bodies affairs, if necessary, may be involved in the performance of official duties beyond the established normal duration of official time, as well as at night, on weekends and non-working holidays in the manner determined by the federal executive body in the field of internal affairs. In this case, the employee is provided with compensation in the form of rest of the appropriate duration on other days of the week. If it is impossible to provide such rest during a given period, the time spent performing official duties in excess of the established normal duration of official time, as well as at night, on weekends and non-working holidays, is summed up and the employee is provided with additional days of rest of the appropriate duration, which at his request can be be added to annual paid leave. At the request of the employee, instead of providing additional days of rest, he may be paid monetary compensation.

The procedure for attracting employees of the internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration of duty time, as well as at night, weekends and non-working holidays, and providing employees of the internal affairs bodies of the Russian Federation with additional days of rest was approved by order of the Ministry of Internal Affairs of Russia dated October 19, 2012 No. 961 (hereinafter referred to as the Order).

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

Clause 4 of the Procedure establishes that in order to take into account the duration of the performance of official duties by employees in excess of the established normal duration of official time, as well as at night, weekends and non-working holidays in bodies, organizations, divisions of the Ministry of Internal Affairs of Russia, time sheets are drawn up for accounting the official time of employees of the internal affairs bodies of the Russian Federation. Federation. Taking into account the special tasks assigned to bodies, organizations, divisions of the Ministry of Internal Affairs of Russia, a legal act of the Ministry of Internal Affairs of the Russian Federation or the head (chief) of an agency, organization, division of the Ministry of Internal Affairs of Russia may establish additional forms for recording the duration of performance of official duties by employees in excess of the established normal duration of service time, as well as at night, weekends and non-working holidays. Thus, the regulatory legal acts of the Ministry of Internal Affairs of Russia provide for the maintenance only of time sheets for the duration of performance of official duties by employees in excess of the established normal duration of service time, as well as at night, weekends and non-working holidays. Maintaining other timesheets for official time is not provided for by the regulatory legal acts of the Ministry of Internal Affairs of Russia.

2. In accordance with Part 4 of Article 56 of the Law on Service, basic leave for the second and subsequent years of service in internal affairs bodies is granted to an employee of internal affairs bodies at any time during the year in accordance with the schedule approved by the head of the federal executive body in the field of internal affairs or an authorized manager. Thus, the provision of leave in accordance with the approved schedule is the responsibility of the relevant manager.

In exceptional cases, when the absence of an employee of the internal affairs bodies in the service of the internal affairs bodies entails the impossibility of proper implementation by the federal executive body in the field of internal affairs, its territorial body, division of the functions established by the legislation of the Russian Federation, the period for granting leave determined by the schedule may be by agreement with the employee, transferred by order of the head of the federal executive body in the field of internal affairs or an authorized head (Part 6 of Article 56 of the Service Law).

There are no other grounds for refusing to grant an employee leave during the period determined by the approved schedule.

It should be noted that according to clause 16 of part 1 of article 12 of the Law on Service, an employee is obliged to undergo annually, in the manner established by the federal executive body in the field of internal affairs, preventive medical examinations, including chemical and toxicological studies of the presence of narcotic drugs, psychotropic substances and their metabolites in the human body, as well as, upon the direction of the authorized manager, a medical examination for state of intoxication (alcohol, drug or other toxic intoxication).

Assistant Head for Legal Work S.E. Cook

And in order for all this to be observed, you need to join a trade union.

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

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

With changes and additions from:

On the specifics of the application of this order in relation to employees of the internal affairs bodies of the Russian Federation seconded to the State Fiscal Service of Russia, see Order of the State Fiscal Service of Russia dated November 5, 2014 N 356

In accordance with parts 6 and 10 of Article 53 of the Federal Law of November 30, 2011 N 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation” * (1) - I order:

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

Information about changes:

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

3. The second paragraph of clause 14.3 of the Instructions on the procedure for applying the Regulations on Service in the Internal Affairs Bodies of the Russian Federation, approved by Order of the Ministry of Internal Affairs of Russia dated December 14, 1999 N 1038*(3), shall be declared invalid.

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

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

*(3) Registered with the Ministry of Justice of Russia on April 10, 2000, registration N 2190, as amended by orders of the Ministry of Internal Affairs of Russia dated November 16, 2001 N 1010 (registered with the Ministry of Justice of Russia on March 5, 2002, registration N 3282), dated April 8, 2005 N 250 (registered with the Ministry of Justice of Russia on May 6, 2005, registration N 6586), dated May 5, 2006 N 321 (registered with the Ministry of Justice of Russia July 31, 2006, registration N 8128), dated December 9 2008 N 1074 (registered with the Ministry of Justice of Russia on January 15, 2009, registration N 13082), dated March 14, 2012 N 170 (registered with the Ministry of Justice of Russia on April 20, 2012, registration N 23902), dated June 25, 2012 . N 630 (registered with the Ministry of Justice of Russia on July 25, 2012, registration N 25025).

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

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

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

Overtime and night service are compensated by additional rest time of equal duration; service on weekends and non-working holidays is compensated 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 annual leave.

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

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

To take advantage of additional rest, you must submit a report and obtain the appropriate resolution from the manager who has the right to provide such rest.

At the request of the employee, instead of rest, he may be paid monetary compensation.

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

This order comes into force 10 days after the day of its official publication

This document is amended by the following documents:

The changes come into force 10 days after the official publication of the said order.

Legislative framework of the Russian Federation

Free consultation

Federal legislation

home

At the time of inclusion in the database, the document was not published

ORDER of the Ministry of Internal Affairs of the Russian Federation of October 19, 2012 N 961 “ON APPROVAL OF THE PROCEDURE FOR INVOLVING EMPLOYEES OF THE INTERIOR AFFAIRS BODIES OF THE RUSSIAN FEDERATION TO PERFORM OFFICIAL DUTIES IN EXCEPT THE ESTABLISHED NORMAL DURATION OF SERVICE TIME, AND SO SAME AT NIGHT, WEEKENDS AND NON-WORKING HOLIDAYS, PROVISIONS TO EMPLOYEES OF THE MINORAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION ADDITIONAL REST DAYS"

This document comes into force 10 days after the day of its official publication (clause 12 of Decree of the President of the Russian Federation dated May 23, 1996 N 763)

The website “Zakonbase” presents ORDER of the Ministry of Internal Affairs of the Russian Federation dated October 19, 2012 N 961 “ON APPROVAL OF THE PROCEDURE FOR ENGAGING EMPLOYEES OF THE MINISTRY BODIES OF THE RUSSIAN FEDERATION TO PERFORM OFFICIAL DUTIES EXCEEDING THE ESTABLISHED NORMAL DURATION OF SERVICE ALL TIME, AND ALSO AT NIGHT, WEEKENDS AND NON-WORKING HOLIDAYS, PROVISIONS EMPLOYEES OF THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION ADDITIONAL DAYS OF REST" in the latest edition. It is easy to comply with all legal requirements if you read the relevant sections, chapters and articles of this document for 2014. To find the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.

On the Zakonbase website you will find ORDER of the Ministry of Internal Affairs of the Russian Federation dated October 19, 2012 N 961 “ON APPROVAL OF THE PROCEDURE FOR ENGAGING EMPLOYEES OF THE INTERIOR AFFAIRS BODIES OF THE RUSSIAN FEDERATION TO PERFORM OFFICIAL DUTIES EXCEEDING THE ESTABLISHED NORMAL DURATION OF SERVICE WORKING TIME, AND ALSO AT NIGHT, WEEKENDS AND NON-WORKING HOLIDAYS, PROVIDING ADDITIONAL REST DAYS TO EMPLOYEES OF THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION” in the latest and complete version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.

At the same time, download ORDER of the Ministry of Internal Affairs of the Russian Federation dated October 19, 2012 N 961 “ON APPROVAL OF THE PROCEDURE FOR ENGAGING EMPLOYEES OF THE MINISTRY BODIES OF THE RUSSIAN FEDERATION TO PERFORM OFFICIAL DUTIES IN EXCEPT THE ESTABLISHED NORMAL DURATION OF OFFICE TIME AND ALSO AT NIGHT, WEEKENDS AND NON-WORKING HOLIDAYS, PROVIDING INTERNAL CARE TO EMPLOYEES AFFAIRS OF THE RUSSIAN FEDERATION OF ADDITIONAL REST DAYS” is available completely free of charge, both in full and in separate chapters.

Case N33-760/2017. On the collection of compensation for overtime, the collection of compensation for moral damage.

STAVROPOL REGIONAL COURT

Judge: Kuznetsov N.M.

The Judicial Collegium for Civil Cases of the Stavropol Regional Court, consisting of

presiding Minaeva E.V.,

judges Krivolapova E.A., Teplova T.V.

with secretary K.

with the participation of a representative of the defendant, the Federal State Treasury Institution "Department of Private Security of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for the Stavropol Territory" by proxy S.

examined in open court a civil case based on the claim of P.S.VA. to the Federal State Treasury Institution “Administration of Private Security of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for the Stavropol Territory” on the collection of compensation for overtime (performing official duties in excess of the established normal duration of official time), the collection of compensation for moral damage

on the appeal of the representative of the defendant - the Federal State Treasury Institution "Department of Private Security of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for the Stavropol Territory" by proxy S. against the decision of the Oktyabrsky District Court of the Stavropol Territory of November 13, 2015. Having heard the report of the judge of the Stavropol Regional Court E.V. Minaev, the judicial panel

P.S.VA. filed a claim with the Federal State Treasury Institution “Department of Private Security of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for the Stavropol Territory” (hereinafter referred to as FGKU UVO GU GU MIA of Russia for the UK) to recover compensation for overtime (performing official duties in excess of established normal duration of service time), recovery of compensation for moral damage.

In support of the stated requirements, it is stated that since 2012, the plaintiff served in the Federal State Institution of the UVO of the Main Directorate of the Ministry of Internal Affairs of Russia for the Investigative Committee as a senior police battalion of police No. 1 and was dismissed on August 3, 2015.

According to labor legislation, after five days from the date of dismissal, the employer had to make a full calculation of cash payments.

Payment for the overtime hours worked by him in the amount of 258 hours for the period from 01/01/2015 to 08/03/2015 was not made to him. Additionally, he was not provided with 258 hours of rest time. He applied to the defendant for compensation for overtime, but was refused. Having specified the claims, he asked to oblige the defendant to pay him compensation for overtime for the period from 01/01/2015 to 08/03/2015 in the amount of 258 hours in the amount of 33,278.91 rubles, according to the certificate provided by the defendant, as well as compensation for moral damage in in the amount of 15,000 rubles.

By the decision of the Oktyabrsky District Court dated November 13, 2016, the claims were partially satisfied.

The court recovered from the Federal State Institution “Department of Private Security of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for the Investigative Committee” in favor of P.S.VA. compensation for overtime for the period from 01/01/2015 to 08/03/2015 (performing official duties in excess of the established normal duration of official time, defined as 258 hours) in the amount of 33,278.91 rubles, compensation for moral damage in the amount of 1,000 rubles.

The court rejected the rest of the claims.

In the appeal, the representative of the FGKU UVO of the Ministry of Internal Affairs of Russia for SK S. asks to cancel the court decision and make a new decision to reject the claim, pointing out that additional days of rest provided for the performance of official duties in excess of the established normal length of service time, and added at will employee for annual paid leave are not vacation. Therefore, neither the provisions of special laws regulating service in internal affairs bodies on the payment of monetary compensation for leave upon dismissal, nor the provisions of Art. 127 of the Labor Code of the Russian Federation cannot be applied in this case.

In making its decision, the court was guided by the norms of the 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 duration of service time, at night, on weekends and non-working holidays to employees of internal affairs bodies of the Russian Federation.” Federation", which became invalid due to the publication of Order No. 65 of the Ministry of Internal Affairs of Russia dated January 31, 2013, "On approval of the procedure for providing monetary allowances to employees of internal affairs bodies of the Russian Federation", that is, it applied a law that was not subject to application.

In accordance with Art. 53 of the Law on Service, clause 15 of the Procedure, clause 56 of the Procedure for providing monetary compensation, payment of monetary compensation for the performance of official duties in excess of the established normal length of service time, instead of providing additional days of rest, can only be carried out at the request of the employee, set out in the report, that is, it is a declarative character.

At the hearing of the court of appeal, plaintiff P.S.VB. did not appear, submitted a petition to consider the case without his participation, in which he also asked the court’s decision to be left unchanged and the appeal to be left unsatisfied.

At a meeting of the judicial panel, the representative of the defendant FGKU UVO Main Directorate of the Ministry of Internal Affairs of Russia for the Investigative Committee, by proxy S., supported the arguments of the appeal and asked the court’s decision to be overturned.

There were no objections to the appeal.

As established from the case materials, P.S.VA. served in the internal affairs bodies as a senior police battalion No. 1 of the UVO in the city of Stavropol - a branch of the Federal State Institution of the UVO of the Main Directorate of the Ministry of Internal Affairs of Russia for the UK (contract on service in the internal affairs bodies of the Russian Federation dated December 10, 2012).

By order of the FGKU UVO Main Directorate of the Ministry of Internal Affairs of Russia for the Stavropol Territory dated 03.08.2015 N 298 l s on the basis of paragraph 9 of part 3 of Article 82 of the Federal Law of 30.11.2011 N 342-FZ “On service in the internal affairs bodies of the Russian Federation and the introduction amendments to certain legislative acts of the Russian Federation,” he was dismissed from the internal affairs bodies in connection with committing an offense that discredited the honor of an employee of the internal affairs bodies.

The amounts due upon dismissal were paid in August 2015 in the amount of 46,143.44 rubles by transfer to the bank, which is confirmed by the pay slip for August 2015.

According to the certificate dated November 5, 2015, P.S.VA. in the period from 01/01/2015 to 08/03/2015, he worked 258 hours in excess of the established normal length of service time according to service time sheets.

P.S.VA. during his service, he did not apply for a report on granting him time off for hours worked in excess of the established normal working hours in 2015.

The court of first instance came to the conclusion that the plaintiff’s claims for the recovery of the required amount of payment for overtime work and in terms of compensation for moral damage were satisfied. The court indicated that the plaintiff had the right to receive additional days of rest in full for overtime hours worked, and if it was not provided in full at the initiative of the employer, the remaining 258 hours of overtime work were subject to payment.

The panel of judges cannot agree with the conclusion of the trial court.

In these legal relations, it is necessary to be guided by 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”, Federal Law of 02/07/2011 N 3-FZ “On the Police”, Trudov Code of the Russian Federation - to the extent that they are not regulated by the above-mentioned special regulations, Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65 “On approval of the Procedure for providing monetary allowances to employees of internal affairs bodies of the Russian Federation.”

In accordance with Article 53 of the Federal Law of November 30, 2011 N 342-FZ, official time is the period of time during which an employee of 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, relate to official time.

The normal length of service time for an internal affairs officer cannot exceed 40 hours per week. An employee has a five-day work week.

An employee of internal affairs bodies, if necessary, may be involved in the performance of official duties beyond the established normal duration of official time, as well as at night, on weekends and non-working holidays in the manner determined by the federal executive body in the field of internal affairs. In this case, the employee is provided with compensation in the form of rest of the appropriate duration on other days of the week. If it is impossible to provide such rest during a given period, the time spent performing official duties in excess of the established normal duration of official time, as well as at night, on weekends and non-working holidays, is summed up and the employee is provided with additional days of rest of the appropriate duration, which at his request can be be added to annual paid leave. At the request of the employee, instead of providing additional days of rest, he may be paid monetary compensation.

The procedure for granting employees of internal affairs bodies additional leave, additional days of rest and the procedure for paying monetary compensation, which are provided for in parts 5 and 6 of Article 53 of the above-mentioned Law, are determined by the federal executive body in the field of internal affairs.

By virtue of paragraph 9 of the Procedure for attracting employees of internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration of duty time, as well as at night, weekends and non-working holidays, providing employees of internal affairs bodies of the Russian Federation with additional days of rest, approved by order of the Ministry of Internal Affairs of Russia dated October 19, 2012 N 961 - an employee involved in performing official duties in excess of the established normal duration of official time, as well as at night, is provided with compensation in the form of additional rest time equal to the duration of performance of official duties in excess of the established normal duration of official time, as well as at night time. An employee assigned to work on a day off or a non-working holiday is provided with compensation in the form of an additional day of rest.

The order granting annual paid leave indicates the number of additional days of rest to be compensated and the type of compensation (clause 10 of the Procedure).

According to paragraph 56 of the Procedure for providing monetary allowances to employees of the internal affairs bodies of the Russian Federation, approved by order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65, an employee, at his request stated in the report, according to the accounting of service time and on the basis of the order of the manager, instead of providing additional days of rest, may be paid monetary compensation for performance of official duties in excess of the established normal duration of official time, at night, on weekends and non-working holidays.

Clause 57 of the Procedure for providing monetary compensation provides that the manager’s order indicates the number of days for which monetary compensation is paid.

In accordance with paragraph 58 of the Procedure for providing monetary compensation, the number of days for which monetary compensation is paid in the current year should not exceed the duration of overtime work for the year established by labor legislation.

The Labor Code of the Russian Federation establishes that the duration of overtime work should not exceed 4 hours for each employee for two days in a row and 120 hours per year (Article 99 of the Labor Code of the Russian Federation). From a systematic analysis of the above-mentioned regulatory legal acts, it follows that special legislation in force since December 1, 2012 regulates 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 internal affairs bodies cases established a limit on overtime pay of no more than 120 hours per year.

As follows from the case materials, while serving in the internal affairs bodies P.S.VA. did not use additional days of rest, and therefore he was entitled to appropriate monetary compensation, which was not paid to him upon dismissal.

P.S.VA. contacted the defendant on August 7, 2015 and September 15, 2015 with applications for payment of monetary compensation to him for performing official duties in excess of the established normal working hours for the period from January 1, 2015 to August 3, 2015.

From which it follows that the plaintiff expressed his will to receive monetary compensation for working overtime.

According to the information provided by the defendant, the total number of days worked by the plaintiff P.S.VA. in excess of the established normal duration of service time, at night, on weekends and non-working holidays amounted to 32 days: January 2015 - 12 days, February 2015 - 3 days, March 2015 - 4 days, May 2015 - 4 days, July 2015 - 8 days.

Since special legislation establishes a limit on payment for overtime work of no more than 120 hours per year, then, therefore, the amount of monetary compensation due to P.S.VA. for performance of official duties beyond the established normal duration of official time, at night, on weekends and non-working holidays is 15,076 rubles 15 kopecks.

Thus, in the opinion of the judicial panel, it is the specified amount of compensation that must be recovered from the defendant in favor of the plaintiff. In this regard, in this part the court decision is subject to change.

The arguments of the appeal that the court, in resolving the dispute, applied the norms of substantive law, namely, Order of the Ministry of Internal Affairs of Russia dated May 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 duration of duty time, at night , on weekends and non-working holidays to employees of the internal affairs bodies of the Russian Federation,” which has become invalid, the judicial panel finds untenable, since in resolving the dispute, the court was guided by Federal Law dated November 30, 2011 N 342-FZ, Order of the Ministry of Internal Affairs of Russia dated October 19, 2012 N 961 “On approval of the Procedure for attracting employees of the internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration of duty time, as well as at night, weekends and non-working holidays, providing employees of the internal affairs bodies of the Russian Federation with additional days of rest,” Art. 140 Labor Code of the Russian Federation.

But, since the court, making reference to clause 18 of the Procedure for attracting employees of the internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration of duty time, as well as at night, weekends and non-working holidays, provides employees of the internal affairs bodies of the Russian Federation with additional days of rest, approved by Order of the Ministry of Internal Affairs of Russia dated October 19, 2012 N 961, erroneously indicated Order of the Ministry of Internal Affairs of Russia dated May 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 duration of service time, at night, on weekends and non-working holidays for employees of the internal affairs bodies of the Russian Federation”, which has become invalid, the judicial panel considers it necessary to exclude this instruction from the reasoning part of the court decision.

Taking into account the above, the judicial panel believes that the rest of the court’s decision is legal and justified, and cannot be cancelled.

The other arguments of the appeal do not contain circumstances that would not have been the subject of discussion by the court of first instance or would refute the conclusions of the court decision, which are reflected in some detail, with reference to the norms of the current legislation, in the reasoning part of the court decision.

Based on the above, the decision made in the case meets the requirements of Art. 195 of the Code of Civil Procedure of the Russian Federation on the legality and validity of the court decision, and the arguments of the appeal do not contain legal grounds for its cancellation.

Guided by Art. Art. 328, 329 Code of Civil Procedure of the Russian Federation, judicial panel for civil cases of the Stavropol Regional Court

Exclude from the reasoning part of the decision the reference to the order of the Ministry of Internal Affairs of Russia dated May 27, 2012 N 638.

Reduce the amount of compensation for overtime collected from the Federal State Institution Department of Private Security of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for the Investigative Committee in favor of P.S.VA., for overtime from January 1, 2015 to August 3, 2015 (performance of official duties in excess of the established normal duration of official time, determined in the amount of 120 hours) up to 15076 rubles 15 kopecks.

The rest of the court's decision remains unchanged.

The appeal of the representative of the defendant of the Federal State Treasury Institution “Department of Private Security of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for the Stavropol Territory” by power of attorney S. is partially satisfied.

advokat-malov.ru

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

Registration No. 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:

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

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

Minister Lieutenant General of Police V. Kolokoltsev

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

2 With the exception of the Main Command of 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 No. 25025).

The procedure for attracting employees of the internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration of duty time, as well as at night, weekends and non-working holidays, providing employees of the internal affairs bodies of the Russian Federation with additional days of rest

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

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

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

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

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

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

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

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

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

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

11. Employees who have an irregular working day may be occasionally involved in performing official duties beyond the normal duration of official time established for them by decision of the direct supervisor (boss). For the performance by these employees of official duties in excess of the normal duration of service time established for them, compensation in the form of rest of the corresponding duration is not provided. Employees who have an irregular working day are granted additional leave in accordance with Part 5 of Article 58 of Federal Law No. 342-FZ of November 30, 2011 “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation” 5 .

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

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

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

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

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

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

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

18. At the request of an employee, instead of providing additional days of rest, he may be paid monetary compensation 6 in the manner established by Order of the Ministry of Internal Affairs of Russia dated June 27, 2012 N 638 “On approval of the procedure for paying monetary compensation for performing 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 In this Procedure, subdivisions of the central apparatus of the Ministry of Internal Affairs of the Russian Federation mean subdivisions of the central apparatus of the Ministry of Internal Affairs of Russia, with the exception of the Main Command of Internal Troops of the Ministry of Internal Affairs of the Russian Federation.

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

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

"On approval of the Procedure for attracting employees of the internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration of duty time, as well as at night, weekends and non-working holidays, providing employees of the internal affairs bodies of the Russian Federation with additional days of rest"

MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION

ORDER
dated October 19, 2012 N 961

ON APPROVAL OF THE PROCEDURE FOR ENGAGING EMPLOYEES OF THE MINICAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION TO PERFORM OFFICIAL DUTIES EXCEEDING THE ESTABLISHED NORMAL DURATION OF OFFICE TIME, AS WELL AS AT NIGHT, WEEKENDS AND NON-WORKING HOLIDAYS DAYS, PROVIDING ADDITIONAL REST DAYS TO EMPLOYEES OF THE INTERIOR AFFAIRS BODIES OF THE RUSSIAN FEDERATION

2. Heads (chiefs) of divisions of the central apparatus of the Ministry of Internal Affairs of the Russian Federation, territorial bodies of the Ministry of Internal Affairs of the Russian Federation<3>, educational, scientific, health care and sanatorium and resort organizations of the Russian Ministry of Internal Affairs system, district logistics departments of the Russian Ministry of Internal Affairs system, other organizations and divisions created to perform the tasks and exercise powers assigned to the internal affairs bodies of the Russian Federation, as well as structural divisions of the territorial bodies of the Ministry of Internal Affairs of Russia, which have the right to appoint employees of the internal affairs bodies of the Russian Federation to positions, identify employees of the internal affairs bodies of the Russian Federation responsible for maintaining time sheets for employees of the internal affairs bodies of the Russian Federation. (as amended by Orders of the Ministry of Internal Affairs of the Russian Federation dated March 19, 2014 N 164, dated November 14, 2016 N 722)

Footnote<2>- Excluded. (as amended by Order of the Ministry of Internal Affairs of the Russian Federation dated November 14, 2016 N 722)

3. To recognize as invalid the second paragraph of clause 14.3 of the Instructions on the procedure for applying the Regulations on service in the internal affairs bodies of the Russian Federation, approved by order of the Ministry of Internal Affairs of Russia dated December 14, 1999 N 1038<4>.

<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).

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

Minister
Lieutenant General of Police
V. KOLOKOLTSEV

ORDER
INVOLVING EMPLOYEES OF THE INTERIOR AFFAIRS BODIES OF THE RUSSIAN FEDERATION IN THE PERFORMANCE OF OFFICIAL DUTIES IN EXCESS OF THE ESTABLISHED NORMAL DURATION OF OFFICE TIME, AS WELL AS AT NIGHT, WEEKENDS AND NON-WORKING HOLIDAYS, PROVIDING EMPLOYEES NIKAM OF THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION ADDITIONAL DAYS OF REST

1. This Procedure regulates the involvement of employees of internal affairs bodies of the Russian Federation<1>to perform official duties beyond the established normal duration 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 beyond the established normal duration of service time, as well as at night, on weekends and non-working holidays on the basis of a legal act of the Minister of Internal Affairs of the Russian Federation, the Deputy Minister of Internal Affairs of the Russian Federation, the head (chief) of a unit of the central apparatus of the Ministry of Internal Affairs of the Russian Federation, a territorial body of the Ministry of Internal Affairs of the Russian Federation, an educational, scientific organization of the system of the Ministry of Internal Affairs of the Russian Federation, another organization or unit created to perform the tasks and exercise powers assigned to the internal affairs bodies of the Russian Federation, as well as legal an act of the head (chief) of a structural unit of a territorial body of the Ministry of Internal Affairs of the Russian Federation, who has the right to appoint employees to positions. The specified legal act is brought to the attention of the employee against receipt. A manager (supervisor) who has engaged an employee to perform official duties beyond the established normal duration of office hours, as well as at night, on weekends and non-working holidays, bears disciplinary responsibility for the legality and validity of such engagement. (as amended by Order of the Ministry of Internal Affairs of the Russian Federation dated March 19, 2014 N 164, dated November 14, 2016 N 722)

Footnote<2>- Excluded. (as amended by Order of the Ministry of Internal Affairs of the Russian Federation dated November 14, 2016 N 722)

3. In urgent cases, the decision to involve an employee in performing official duties beyond the established normal duration of duty time, as well as at night, can be made and communicated to him by his direct supervisor (supervisor) orally. In this case, the direct manager (chief) is obliged to report such involvement with a report to the Minister of Internal Affairs of the Russian Federation, the Deputy Minister of Internal Affairs of the Russian Federation, the head (chief) of a unit of the central apparatus of the Ministry of Internal Affairs of the Russian Federation, a territorial body of the Ministry of Internal Affairs of the Russian Federation, within two working days of the Russian Federation, an educational, scientific organization of the system of the Ministry of Internal Affairs of the Russian Federation, another organization or unit created to perform tasks and exercise powers assigned to the internal affairs bodies of the Russian Federation, a structural unit of a territorial body of the Ministry of Internal Affairs of the Russian Federation, which has the right to appoint employees to positions<3>. The report shall indicate the grounds for involving the employee in performing official duties beyond the established normal duration of duty time, as well as at night and its duration. (as amended by Order of the Ministry of Internal Affairs of the Russian Federation dated March 19, 2014 N 164)

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

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

15.1.

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

15.2.

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

16. The report with the resolution of the manager (supervisor) specified in subparagraphs 15.1 and 15.2 of this Procedure is brought to the attention of the employee and transferred to the person responsible for maintaining the time sheet.<6>17. Unauthorized use by an employee of additional rest time or additional days of rest for performing official duties in excess of the established normal duration of official time, as well as at night, on weekends and non-working holidays is not allowed.<7>. (as amended by Order of the Ministry of Internal Affairs of the Russian Federation dated March 19, 2014 N 164)

18. At the employee’s request, instead of providing additional days of rest, he may be paid monetary compensation
in the manner established by Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65 “On approval of the Procedure for providing monetary allowances to employees of internal affairs bodies of the Russian Federation”

SCHEDULE	ACCOUNTING OFFICE TIME OF EMPLOYEES OF THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION	N p/p						Full name, title, position			Duration of performance of official duties in excess of the established normal duration of official time, as well as at night, weekends and non-working holidays (indicated in hours)
		1	The number of compensable hours (days) of performance of official duties in excess of the established normal duration of official time, as well as at night, weekends and non-working holidays for the past period	31	Employee signature
					.... (days of the month)	In just a month	At night time	On weekends and non-working holidays	In excess of the established normal duration of service time	Total at the beginning of the month

Notes: 1. The timesheet is maintained monthly and opens 2 - 3 days before the start of the accounting period based on the timesheet for the previous month.

2. When taking into account the duration of performance of official duties in excess of the established normal duration of official duty, as well as at night, weekends and non-working holidays, the top line in the columns indicates the start and end time of the employee of the internal affairs bodies of the Russian Federation performing official duties in excess of the established normal duration of official duty. time, as well as at night, weekends and non-working holidays, and at the bottom - the number of hours worked.

3. The column “Compensated for additional rest time, additional days of rest, or monetary compensation paid” indicates the date of provision of additional rest time, additional days of rest, or the number of the order to add additional days of rest to the vacation or to pay monetary compensation. Entries in this column are made using symbol codes (additional rest time - DVO; additional day of rest - DDO).

4. The report card is filled out manually with black or blue ink without blots or erasures. Corrections made to the time sheet can be made by crossing out erroneous data and entering the necessary information. Each such correction is certified by the signature of the person responsible for maintaining the time sheet.

STATE FEDERAL SERVICE OF THE RUSSIAN FEDERATION

On the specifics of the application in relation to employees of the internal affairs bodies of the Russian Federation seconded to the State Courier Service of the Russian Federation, Order of the Ministry of Internal Affairs of Russia dated October 19, 2012 No. 961 “On approval of the Procedure for attracting employees of the internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration 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"

In accordance with parts 6 and 10 of Article 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” (Collected Legislation of the Russian Federation, 2011, No. 49 , art. 7020; 2012, art. 6954; 2013, art. 2329; no. 48, art. 6165) April 2014 No. 213 “Issues of the State Courier Service of the Russian Federation” (Collected Legislation of the Russian Federation, 2014, No. 15, Art. 1726) I order:

1. When involving employees of the internal affairs bodies of the Russian Federation, seconded to the State Courier Service of the Russian Federation, to perform official duties beyond the established normal duration of duty time, as well as at night, weekends and non-working holidays, to provide additional days of rest, apply the order of the Ministry of Internal Affairs of Russia dated October 19, 2012 No. 961 “On approval of the Procedure for attracting employees of the internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration of duty time, as well as at night, weekends and non-working holidays, providing employees of the internal affairs bodies of the Russian Federation with additional days of rest" (registered with the Ministry of Justice of the Russian Federation on November 30, 2012, registration No. 25988) as amended by order of the Ministry of Internal Affairs of Russia dated March 19, 2014 No. 164 "On amendments to the regulatory legal acts of the Ministry of Internal Affairs of Russia" (registered with the Ministry Justice of the Russian Federation April 3, 2014, registration No. 31814), taking into account the specifics established by this order, according to the appendix.

2. The heads of departments of the central office of the State Fiscal Service of Russia and the territorial bodies of the State Fiscal Service of Russia shall identify employees of the entrusted units responsible for maintaining time sheets for employees of the internal affairs bodies of the Russian Federation seconded to the State Courier Service of the Russian Federation.

Director
Colonel General
V.V. Tikhonov

Peculiarities
application in the system of the State Courier Service of the Russian Federation of the Order of the Ministry of Internal Affairs of Russia dated October 19, 2012 No. 961 “On approval of the Procedure for attracting employees of the internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration of duty time, as well as at night, weekends and non-working hours holidays, providing employees of the internal affairs bodies of the Russian Federation with additional days of rest"

1. Employees of the internal affairs bodies of the Russian Federation seconded to the State Courier Service of the Russian Federation (hereinafter referred to as employees) are involved in performing official duties beyond the established normal duration of duty time, as well as at night, on weekends and non-working holidays outside the shift schedule for on the basis of an order from the director of the State Courier Service of the Russian Federation (hereinafter referred to as the State Fiscal Service of Russia), the deputy director of the State Fiscal Service of Russia, the head of the territorial body of the State Fiscal Service of Russia, who has the right to appoint employees to positions, or the person performing his duties. The specified order is brought to the attention of the employee against receipt.

2. In urgent cases, the decision to involve an employee in the performance of official duties beyond the established normal duration of duty time, as well as at night outside the shift schedule, can be made and communicated to him by the direct superior orally.

In this case:

2.1. Head of the division of the central office of the State Fiscal Service of Russia, the territorial body of the State Fiscal Service of Russia in the cities. Moscow and Sochi, within two working days, is obliged to report to the director of the State Fiscal Service of Russia (deputy director of the State Fiscal Service of Russia) about such engagement with a report indicating the grounds for attracting the employee to perform official duties in excess of the established normal duration of duty time, as well as at night and its duration .

2.2. The head of the territorial body of the State Fiscal Service of Russia or the person performing his duties, with the exception of the chiefs specified in paragraph 2.1 of these specifications, is obliged to issue an order within two working days in accordance with paragraph 1 of these specifications.

3. A boss who has engaged an employee to perform official duties beyond the established normal duration of service time, as well as at night, on weekends and non-working holidays outside the shift schedule, bears disciplinary responsibility for the legality and validity of such engagement.

5. Employees responsible for maintaining the time sheet are determined by order of the boss who has the right to appoint to the position, or the person performing his duties. These employees are responsible for the correctness and completeness of filling out the timesheet.

6. A copy of the order specified in paragraph 1 of these specifications, a report with a resolution of the director of the State Fiscal Service of Russia (deputy director of the State Fiscal Service of Russia), specified in paragraph 2.1 of these specifications, are transferred to the employee responsible for maintaining the time sheet.

7. At the end of the accounting period, the completed report card is transferred to the appropriate personnel department or to the person responsible for personnel work in the department. Completed time sheets are stored for three years from the end of the accounting period.

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

10. Compensation in the form of rest of the appropriate duration is provided to the employee on other days of the week. If it is impossible to provide such rest on other days of the week, the time spent performing official duties in excess of the established normal duration of duty time, as well as at night, on weekends and non-working holidays outside the shift schedule, is summed up, and the employee is provided with additional days of rest of the appropriate duration, which, at his request, can be added to annual paid leave. The order for granting annual paid leave indicates the number of additional days of rest to be compensated and the type of compensation (additional rest time and (or) additional days of rest).

11. Employees who have an irregular working day may be occasionally involved in performing official duties beyond the normal duration of official time established for them by decision of their direct superior. For the performance by these employees of official duties in excess of the normal duration of service time established for them, compensation in the form of rest of the corresponding duration is not provided. These employees, in accordance with Part 5 of Article 58 of the Federal Law of November 30, 2011 No. 342-FZ “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation,” are granted additional leave.

12. Engaging employees who have irregular working hours to perform official duties at night, on weekends and non-working holidays outside the shift schedule, as well as providing them with compensation in connection with such engagement in the form of rest of the appropriate duration are carried out in accordance with the order of the Ministry of Internal Affairs Russia dated October 19, 2012 No. 961 “On approval of the Procedure for attracting employees of the internal affairs bodies of the Russian Federation to perform official duties beyond the established normal duration of duty time, as well as at night, weekends and non-working holidays, providing employees of the internal affairs bodies of the Russian Federation additional days of rest" and real features.

13. For employees performing official duties at night and on non-working holidays based on the shift schedule and (or) with a cumulative accounting of official time within the normal duration of official time, compensation in the form of additional rest time or additional days of rest is not provided.

14. Compensation in the form of additional rest time, additional days of rest in accordance with these features is not provided to employees serving in federal courier communications bodies stationed on a permanent basis in the territory of the Republic of Dagestan, the Republic of Ingushetia, the Kabardino-Balkarian Republic, the Karachay-Cherkess Republic , the Republic of North Ossetia - Alania and the Chechen Republic, or serving under martial law or a state of emergency, armed conflict, counter-terrorism operation, liquidation of the consequences of accidents, natural and man-made disasters, other emergency situations and in other special conditions associated with increased danger to life and health, changes in the working time schedule and the introduction of additional restrictions that establish increasing coefficients or allowances for pay.

15. Providing additional rest time or additional days of rest for performing official duties in excess of the established normal duration of official time, as well as at night, on weekends and non-working holidays outside the shift schedule, on the basis of a report from the employee, agreed upon with the immediate superior, is carried out:

15.1. A manager who has the right to appoint employees to a position or a person performing his duties.

15.2. Head of the division of the central office of the State Fiscal Service of Russia, the territorial body of the State Fiscal Service of Russia in the years. Moscow and Sochi.

16. The report with the resolution of the boss specified in subparagraphs 15.1 or 15.2 of these specifications is brought to the attention of the employee and transferred to the person responsible for maintaining the time sheet.

18. At the request of an employee, instead of providing additional days of rest, he may be paid monetary compensation in the manner established by Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65 “On approval of the Procedure for providing monetary compensation to employees of internal affairs bodies of the Russian Federation” (registered with the Ministry of Justice Russian Federation May 6, 2013, registration No. 28315).

Appendix to application features
in relation to employees of internal authorities
affairs of the Russian Federation, seconded
to the State Courier Service
Russian Federation by order of the Ministry of Internal Affairs of Russia
dated October 19, 2012 No. 961 “On approval
Procedure for attracting government employees
Internal Affairs of the Russian Federation
to perform official duties
beyond the established normal duration
during office hours, as well as at night,
weekends and non-working holidays,
providing employees with organs
Internal Affairs of the Russian Federation
additional days of rest"

18. At the employee’s request, instead of providing additional days of rest, he may be paid monetary compensation
accounting of service time of employees of internal affairs bodies of the Russian Federation seconded to the State Courier Service of the Russian Federation

Name of department______________________________Month_____Year_____

№ p/p	FULL NAME., rank, job title	Duration of performance of official duties in excess of the established normal duration of official time, as well as at night, weekends and non-working holidays outside the shift schedule (indicated in hours)						Full name, title, position			Signature employee
		1	(numbers month)	31	Employee signature
					At night (N)	On weekends and non-working holidays (P)	In excess of the established normal duration of service time (C)	Total at the beginning of the month (N -, V-, S-)	In excess of the established normal duration of service time	Total at the end of the month (accounting period)
1	2	3	4	5	6	7	8	9	10	11	12

(Head of the body, division of the State Fiscal Service of Russia
or other person to whom the corresponding right
provided by the named supervisor)
(Special title) _______ (signature) ______ (Initials, surname)

Note:

1. The timesheet is maintained monthly and opens 2-3 days before the start of the accounting period based on the timesheet for the previous month.

2. When taking into account the duration of performance of official duties in excess of the established normal duration of official time, as well as at night, weekends and non-working holidays outside the shift schedule, the top line in the columns indicates the start and end time of the performance by an employee of the internal affairs bodies of the Russian Federation seconded to the State Courier Service of the Russian Federation, official duties in excess of the established normal duration of duty time, as well as at night, weekends and non-working holidays, and at the bottom - the number of hours worked.

Editor's Choice

Coconut panna cotta recipe with photo and banana Recipe Vegan panna cotta made from coconut milk

The post is long, and I’ve been racking my brain trying to figure out how to make something so lean as a dessert without it being applesauce. AND...

Banana-nut sponge cake in a slow cooker, photo recipe Chocolate sponge cake with banana in a slow cooker

Today I cook about half of the cakes in a slow cooker. This is very convenient for me, and gradually many cakes that used to...

Whole chicken baked with garlic and pepper

Before you start cooking according to the recipe that you like best, you need to choose and prepare the carcass correctly: First,...

Cod liver salads for every taste Cod liver salad with green peas

Salads with cod liver always turn out very tasty and interesting, because this product goes well with many ingredients...

Recipes for squash preparations for the winter

The popularity of canned squash for the winter is growing every day. Cute, elastic and juicy vegetables, reminiscent in appearance...

Preparing a milkshake with fresh aromatic strawberries in a blender

Not everyone likes milk in its pure form, although it is difficult to overestimate its nutritional value and usefulness. But a milkshake with...

Lunar calendar for December dream book

In this lunar calendar for December 2016 you will find information about the position of the moon, its phases for each day of the month. When favorable...

Marshmallow recipe with sweetener: what to add to homemade dessert

Supporters of proper nutrition, strictly calorie counting, very often have to deny themselves small gastronomic joys in the form of...

Puff pastries with cottage cheese, from ready-made puff pastry

Crispy puff pastry made from ready-made puff pastry is quick, inexpensive and very tasty! The only thing you need is time to...

New

Popular