The case of collecting compensation for overtime work in the system of the Ministry of Internal Affairs of Russia (part No. 1)

An irregular working day is understood as a specific mode of service in which a civil servant may be involved in the occasional performance of his duties in accordance with his position.

Such involvement in work is possible if it is a business need. Moreover, an employee may be involved at a time that is not included in the normal length of work time, as well as without the consent of the employee himself. However, overtime of this type will not be considered overtime work.

Irregular working hours at the Ministry of Internal Affairs

An irregular working day may be established for employees of the Ministry of Internal Affairs who occupy positions related to senior and senior management. Also, in accordance with the order adopted by the head of the federal executive body, the NSD can be established for employees who occupy other positions determined by the corresponding list of positions in the Ministry of Internal Affairs. Employees for whom an NSD has been established are entitled to receive additional vacation days. This right is fixed by law.

Features for government employees

All economic sectors in the country operate stably with the assistance of special coordinating and managing bodies. A special law, which approved the foundations of the civil service in the Russian Federation, outlined the features of the functioning of the civil service.

An irregular working day for a civil servant requires payment of compensation.

The effectiveness of work depends on the level of qualifications of government officials. The activities of employees of state-owned organizations are carried out on a professional basis and represent a single whole.

The civil service system of the Russian Federation includes the following types: state civil service; military service; law enforcement agencies. Persons employed in the state civil service are civil servants who occupy a specific position to ensure state activities.

There are differences in the definitions of a federal civil servant (FGS) and a state civil servant (CSE). The FGS attracts employees to work from the Russian Federation and employees receive their salaries from the federal budget.

The State Civil Service is supported by funds from the constituent entities of the Russian Federation and funds from the federal budget. Additional payment to the State Civil Service is established by federal law; if the law is repealed, the additional remuneration is canceled.

The laws of the Russian Federation and regional subjects provide for measures to encourage employees for conscientious work, long and impeccable service, and the execution of significant assignments. The types of incentives and the procedure for their application are stated in federal laws and the legislation of the constituent entities of the Russian Federation.

The civil service operates in a system of complex and multifaceted social and legal education. The fundamentals are supported by strong legal, economic, social and organizational structures. This is where the peculiarities of the work of a civil servant come from, who embodies the connection between the state and the population of the country.

A person in public service is personally responsible for the assigned function of power. His work combines several branches of activity:

• executive function;
• managerial;
• innovative focus;
• a conservative line with ensuring constancy in society.

Making specific, unusual decisions during the period of reforms is innovative areas. For civil servants, remuneration is assessed based on the effectiveness of official actions.

Payments contain:

1. Supplement to salary for many years of work. For example, an employee receives a monthly 10% additional payment for the years worked (5 years). In the future, each five-year period is marked with a 5% additional payment. The maximum increase is 1/3 of the official salary.
2. Premium additional payments for the complexity and importance of tasks, which are determined individually in each civil service body.
3. A bonus is paid for performing work related to state secrets or for special service conditions. The amount of additional payment can be 200% of the salary.
4. Employees are provided with financial assistance. When you take your next vacation, a lump sum payment is issued. Functional responsibilities include modeling all possible consequences of human actions, the results of possible conflict situations, and the ability to act in special situations.

What is NSD in the Ministry of Internal Affairs?

An irregular working day in the Ministry of Internal Affairs is the emergence of a need when an employee of the Ministry of Internal Affairs can be involved in the service and in the performance of duties associated with it, in excess of the established service schedule. That is, he may be involved in performing his duties, including at night, on holidays or on weekends. The procedure for recruitment to service is determined by executive authorities in the field of internal affairs.

Compensation for NSD

In case of an irregular working day in the Ministry of Internal Affairs, an employee involved in this type of service should be provided with compensation in the form of rest, the duration of which corresponds to the time spent.

In the event that an employee cannot immediately use the provided vacation, the days can be accumulated and subsequently used as additional vacation. Such leave, at the request of the employee, can be added to his main leave, or can be replaced with monetary compensation.

Other types of vacations

An ordinary person, when personal reasons arise, takes several days at his own expense. But the police provide the opportunity to go on paid leave for personal reasons. Its duration is limited to 10 days, although it can be provided an unlimited number of times during the year. But to obtain it you need special reasons. This list includes:

1. death or serious illness of a close relative (their list is strictly defined);
2. natural disaster affecting the employee or his family members;
3. the need to undergo psychological rehabilitation.

Other circumstances are also possible - decisions are made based on employee reports. Moreover, during the vacation period, departure to the desired location is not taken into account.

Another type of leave is leave for a police officer upon retirement. The legislation reserves for such a person the right to use the days he has not taken off before leaving for a well-deserved rest. It is also possible to receive monetary compensation. Here everything will depend on the desires of the person himself. If it is more profitable for him to delay his retirement, then it is better to wait until he is fired. True, in practice, from a financial point of view, it is usually more profitable to quit, get paid and start receiving a pension. When you take your legally required vacation, you will have to postpone receiving your pension.

What does irregular work mean?

Let us consider in a little more detail the concept of an irregular work day.

As we noted earlier, an irregular working day in the Ministry of Internal Affairs may be established for employees who fill the positions of managers from among those positions that belong to the senior and senior staff. Also, the NSD can be established for other positions that are determined by the list of positions in the Ministry of Internal Affairs and approved by the relevant executive authority.

But let's figure out what this actually means.

Effect of actual rank

It turns out that if an internal affairs officer occupies a position equal to or higher than a major, then the NSD will be assigned to him automatically. In this case, it is necessary to understand that the actual rank of the employee is of little interest to anyone, and only the maximum possible rank by position (the so-called ceiling by position) matters. For example, if an employee with the rank of colonel holds the position of deputy head of a pre-trial detention center, the ceiling of the position is that of a senior lieutenant, then the employee will not be assigned an irregular duty day. But if an employee with the rank of lieutenant occupies the position of head of a department where the ceiling is the rank of colonel, then an irregular working day will be automatically established. In accordance with this, if an employee has a rank equal to major or higher, but does not belong to the management team, then there will be no automatic establishment of an irregular working day in the Ministry of Internal Affairs.

Rules for other employees

For all other employees of internal affairs bodies, such a working day will be established in accordance with the adopted list of positions. On December 14, 2021, the Minister of Internal Affairs signed an order, according to which a list of positions and departments was established for which an irregular day can be established, but is not automatically established. That is, an employee can independently open this list and check whether his official position belongs to this list or not.

Order for NSD

However, the decision to establish the NSD for each specific position remains with the relevant commanding officer, who has the right to issue an order for an irregular working day in the Ministry of Internal Affairs for a specific position. That is, the employee’s position must be included in the list, which can be changed and approved by the regional manager.

Let's say an employee's position is included in this list. What might this entail? The answer to this question is contained in the order of the Ministry of Internal Affairs No. 961 of November 19, 2012 “On approval of the procedure for attracting employees of the internal affairs bodies of the Russian Federation to perform official duties...”.

The eleventh paragraph of this order states that employees for whom the NSD is established may be involved in the performance of established official duties that go beyond the normal working hours. Moreover, it has been established that the data on recruitment to service are episodic in nature. These employees who have worked more than expected are given additional leave, rather than compensation for time worked in the appropriate amount.

But also the twelfth paragraph establishes that if such an employee is involved in service at night, as well as on holidays, which are days off, then he should be provided with compensation by allocating additional rest time in the appropriate amount. What could all this mean? Let's look at examples.

What types of leave are available for police officers?

Service in the internal affairs bodies has special specifics, requiring a person to have certain physical and psychological preparation. Therefore, it is not surprising that such employees have their own leave rules.

So, in paragraph 1. Art. 56 No. 342-FZ lists all available forms of leave for police officers. The following varieties are distinguished:

• the main one (the one that is provided to all citizens, although its terms are somewhat longer);
• additional (may be provided several times during the calendar year and its duration depends on a number of parameters);
• vacation;
• arising due to certain personal circumstances;
• leave upon completion of studies at a specialized higher institution.

Other types of leave are also possible, if provided for by other regulations of the Russian Federation. Moreover, all of the listed vacation formats involve maintaining the employee’s earnings during his absence.

Difference between employees with and without NSD

If we omit the official wording, then the following conclusion can be drawn from this legislative act: the only difference between an employee with an established irregular working day and an employee who does not have one is the following.

Let's assume that an employee's work week is five days, scheduled from 9 a.m. to 6 p.m. Monday through Thursday, and from 9 a.m. to 4:45 p.m. on Friday. The standard days off are Saturday and Sunday. So, if an irregular working day is not established for this employee, then in order to detain him at work on weekdays, it is necessary to draw up an appropriate order, which will contain the justification of the reason according to which he is detained. Let's say there is a special plan or event in place. For such delays, the employee will receive compensation, and at his choice - either additional days off or in cash equivalent.

How is the irregular working day in the Ministry of Internal Affairs calculated for daily workers?

If the same employee is hired on duty from 9-00 to 9-00 the next day, and the first is a weekday, and the second is a day off, the period from 9-00 to 18-00 on a weekday will be considered that the employee performs his duties in accordance with the internal regulations , from 18-00 to 9-00 the next day - overtime working hours.

If the same employee is hired for daily duty on weekends from 9-00 to 9-00 the next day, the entire period will be considered overtime working time.

That is, if an employee is assigned an NSD, then by order of an irregular work day from the Ministry of Internal Affairs issued by management, he may be occasionally detained at work. But only until 22.00, and only on weekdays. Moreover, the legislation does not stipulate what is meant by the concept of episodicity. In this case, the employee is not entitled to compensation in days off or in cash equivalent. And an additional leave of 7-9 days is provided. That is, in accordance with this regulatory act, an employee can be detained occasionally, but every working day for a temporary period of up to 4 hours, and as compensation he will receive 9 additional days of leave for an irregular working day at the Ministry of Internal Affairs for the entire year.

Registration procedure

If there is data on vacation in the schedule, or reasons for providing unscheduled vacations, the employee of the Ministry of Internal Affairs must submit a report addressed to his supervisor. Based on this document, an order is issued to grant a break from work, and all necessary payments are made.

Drawing up a vacation report

The report is prepared subject to a number of conditions. The document must contain the following information:

1. Title and full name of the manager.
2. Similar information about the person applying.
3. The word "report".
4. Type and duration of rest.
5. Exact vacation dates.
6. Vacation location.
7. Date and signature of the applicant.

It is allowed to indicate in the report a request for the issuance of documents for travel, its payment, the full names of accompanying persons, as well as attached documents.

Sample report:

Providing leave to employees of the Ministry of Internal Affairs has its own characteristics. They have a different duration of the rest period, as well as their own procedure for providing it.

Irregular working hours in the Ministry of Internal Affairs: changes

In 2021, an order was issued “On additional leave for irregular work days for employees of the internal affairs bodies of the Russian Federation.” There is a list of positions that are entitled to leave. It is also said that additional leave is due in any case, regardless of actual processing. Its duration in the year of admission is calculated as follows: one-twelfth of the additional leave is multiplied by the number of full months worked in the Ministry of Internal Affairs. Senior managers 10 days, senior managers 9 days, deputies 7 days.

Legislation on the procedure for granting leaves to employees of the Ministry of Internal Affairs and the police

The procedure for granting leave to employees of the Ministry of Internal Affairs and the police is regulated by:

• Chapter 8 “Working time and rest time of an employee of internal affairs bodies” of the Federal Law of November 30, 2011 No. 342-FZ (as amended on January 1, 2021) “On service in internal affairs bodies”:
• Article 56 “Leaves in service in internal affairs bodies”,

Article 57 “Main leave”,

• Article 58 “Additional leaves”,
• Article 59 “Extension of main leave or additional leave”,
• Article 60 “Holiday leave”,
• Article 61 “Leave for personal reasons”,
• Article 62 “Leave upon graduation from an educational organization of higher education of the federal executive body in the field of internal affairs”,
• Article 63 “Other types of leaves”,
• Article 64 “Recall of an internal affairs officer from vacation”;

Types of leave for employees of the Ministry of Internal Affairs and the police

Employees of internal affairs bodies (Ministry of Internal Affairs and Police) are provided with the following types of leave with continued pay:

• main leave;
• additional holidays;
• vacation leave;
• leave for personal reasons;
• leave upon graduation from an educational organization of higher education of the Ministry of Internal Affairs of Russia;
• other types of leaves for employees of the Ministry of Internal Affairs and the police if their payment is provided for by the legislation of the Russian Federation.

The duration of leave for employees of the Ministry of Internal Affairs (police) in the year of entry into service in the internal affairs bodies is determined:

• by multiplying 1/12 of the main and additional leave by the number of full months that have passed from the start of service in the internal affairs bodies to the end of the current calendar year;
• vacation lasting less than 10 calendar days is added to the main vacation for the next calendar year.

Basic leave for employees of the Ministry of Internal Affairs (police) for the second and subsequent years of service in internal affairs bodies is granted:

• at any time during the year in accordance with the vacation schedule approved by the manager;
• in this case, additional leaves are summed up and can be provided simultaneously with the main leave or separately from it at the request of the employee;
• the total duration of continuous vacation should not exceed 60 calendar days (excluding travel time to and from the vacation location);
• This duration of continuous leave does not apply to an employee serving in the Far North, equivalent areas or other areas with unfavorable climatic or environmental conditions, including remote ones.

The duration of leave for employees of the Ministry of Internal Affairs (police) in the year of the end of parental leave until the child reaches the age of 3 years is determined:

• by multiplying 1/12 of the main and additional leave by the number of full months that have passed from the end of parental leave to the end of the current year;
• vacation lasting less than 10 calendar days is added to the main vacation for the next calendar year.

Basic leave for an employee of the Ministry of Internal Affairs (police), leave for personal reasons, leave upon graduation from an educational organization of higher education of the Ministry of Internal Affairs of Russia and leave granted to an employee of the internal affairs bodies in the year of joining the service in the internal affairs bodies for a duration of 10 calendar days or more:

• increase by the number of calendar days required to travel to the vacation destination and back, taking into account the type of transport, but not less than 1 day one way;
• an employee who is given the days necessary to travel to the place of vacation and back, at the end of the vacation, submits documents confirming the time spent on travel;
• a list of documents confirming the time spent traveling to the place of vacation and back, and the procedure for their submission are established by the Ministry of Internal Affairs of Russia.

In exceptional cases, due to official necessity:

• The scheduled period for granting leave may, by agreement with the employee, be postponed by order of the relevant manager.

Part of the main leave of an employee of the Ministry of Internal Affairs (police), exceeding 30 calendar days:

• may, at his request, be replaced by monetary compensation in the manner established by the Ministry of Internal Affairs of Russia;
• For an employee serving in the Far North, equivalent areas or other areas with unfavorable climatic or environmental conditions, including remote ones, as well as in hazardous conditions, replacement of part of the leave with monetary compensation, as a rule, is not allowed, except in the case of dismissal from service in internal affairs bodies.

Article 56 “Leaves in service in internal affairs bodies” of Federal Law No. 342-FZ “On service in internal affairs bodies”

Providing employees of the Ministry of Internal Affairs (police) with basic leave

The grounds for granting employees of the Ministry of Internal Affairs (police) basic leave are:

• vacation schedule and
• employee’s report, which indicates the location of the vacation and the type of transport that is planned to travel to the place of vacation.

Employees of the Ministry of Internal Affairs (police) are annually granted basic leave:

• lasting 30 calendar days ,
• and for an employee serving in the Far North, equivalent areas or other areas with unfavorable climatic or environmental conditions, including remote ones - 45 calendar days .

For an employee of the Ministry of Internal Affairs (police) who has not exercised his right to basic leave within the period specified in the vacation schedule:

• leave must be granted at a time convenient for him before the end of the current year
• or within the next year.

An employee of the Ministry of Internal Affairs (police), at his request, is allowed to:

• divide the main vacation into 2 parts , provided that one of the parts of this vacation is at least 14 calendar days;
• In this case, travel time to the vacation spot and back is provided once.

For an employee of the Ministry of Internal Affairs (police) serving in the regions of the Far North, equivalent areas or other areas with unfavorable climatic or environmental conditions, including remote ones:

• main vacations for 2 years can be combined at his request.

Providing employees of the Ministry of Internal Affairs (police) with additional leaves

Employees of the Ministry of Internal Affairs (police) may be granted the following types of additional leave:

• leave for length of service in internal affairs bodies;
• leave for performing official duties in hazardous conditions;
• leave for performing official duties under special conditions;
• leave for irregular working hours.

Additional leave for length of service in internal affairs bodies:

• provided to employees of the Ministry of Internal Affairs (police) in calendar terms based on:

If an employee of the Ministry of Internal Affairs (police) has not exercised the right to additional leave for length of service in the current calendar year:

• then this leave must be provided to the employee at a time convenient for him during the next calendar year.

An employee of the Ministry of Internal Affairs (police) who has used additional leave for length of service in the internal affairs bodies in the current calendar year and

• who received the right in the same calendar year to additional leave for longer length of service in the internal affairs bodies,
• additional days of additional leave are provided for length of service in internal affairs bodies at the request of the employee in the current or next calendar year.

Additional leave for an employee of the Ministry of Internal Affairs (police) for performing official duties in harmful conditions:

• is provided in accordance with Appendix No. 47 “List (list) of positions in the internal affairs bodies of the Russian Federation for which additional leave is granted for performing official duties in harmful conditions” to the Procedure for organizing service in the internal affairs bodies of the Russian Federation, approved. Order of the Ministry of Internal Affairs of Russia dated February 1, 2021 No. 50 “On approval of the Procedure for organizing service in the internal affairs bodies of the Russian Federation”;
• an employee who has the right to additional leave for performing official duties in harmful conditions for various reasons, the specified leave is granted for one of the reasons at the request of the employee;
• for an employee holding a position specified in the List of Positions for which additional leave is granted for performing official duties in hazardous conditions, additional leave for performing official duties in hazardous conditions is granted annually simultaneously with the main leave or separately from it at the request of the employee based on his report;
• the duration of additional leave for performing official duties in harmful conditions, granted to an employee in the year of appointment to the position specified in the List of positions for which additional leave is granted for performing official duties in harmful conditions, is determined by multiplying one twelfth of the additional leave by the number of full months, those who have passed from the beginning of service in the internal affairs bodies (from appointment to the position) to the end of the current calendar year;
• an employee transferred to a position for which a different duration of additional leave for performing official duties in harmful conditions is established than for the previously filled position is granted additional leave for performing official duties in harmful conditions for the new position being replaced, provided that he has not exercised the right for the specified leave for the previously filled position;
• an employee who has not exercised the right to additional leave for performing official duties in harmful conditions before the end of the current calendar year, the specified leave is granted during the next calendar year at a time convenient for the employee.

Additional leave for performing official duties under special conditions:

• provided to employees of the Ministry of Internal Affairs (police) for performing official duties during martial law or a state of emergency, during a counter-terrorism operation, in conditions of armed conflict, during liquidation of the consequences of accidents, natural and man-made disasters and other emergency situations;
• provided at the request of the employee directly after performing official duties under special conditions, simultaneously with the main leave or separately from it at a time convenient for him before the end of the current year or during the next year;
• the number of calendar days of additional leave for performing official duties in special conditions, no more than 10 calendar days, is established based on the duration of performing official duties in special conditions and is:

Additional leave for employees of the Ministry of Internal Affairs (police) for an irregular working day:

• is provided to employees annually in accordance with the vacation schedule simultaneously with the main vacation or separately from it at the request of the employee based on his report,
• lasting no less than 3 and no more than 10 calendar days in the manner established by Appendix No. 46 “List of positions in the internal affairs bodies of the Russian Federation, when filling which employees of the internal affairs bodies of the Russian Federation may be assigned an irregular working day” to the Procedure for organizing service in the internal affairs bodies of the Russian Federation , approved Order of the Ministry of Internal Affairs of Russia dated February 1, 2021 No. 50 “On approval of the Procedure for organizing service in the internal affairs bodies of the Russian Federation.”

The duration of additional leave for employees of the Ministry of Internal Affairs (police) for an irregular working day is established:

For an employee of the Ministry of Internal Affairs (police) who has not exercised the right to additional leave for an irregular working day within the period specified in the vacation schedule:

• the specified leave must be granted at a time convenient for him before the end of the current year or during the next year.

The procedure for extending basic leave or additional leave to employees of the Ministry of Internal Affairs (police)

This procedure was changed in August 2021 by Federal Law of August 2, 2021 No. 318-FZ.

The main leave or additional leave granted to an employee of the Ministry of Internal Affairs (police) by decision of the head of the Ministry of Internal Affairs of Russia or an authorized head is extended or postponed to another period determined by the head of the Ministry of Internal Affairs of Russia or an authorized head, in the case of:

• temporary disability of an employee;
• the employee performs state duties during vacation, if for this purpose the legislation of the Russian Federation provides for exemption from service (work);
• in other cases provided for by the legislation of the Russian Federation or by order of the head of the Ministry of Internal Affairs of Russia or an authorized head.

For personal reasons:

• in the event of a serious illness or death of a close relative of an employee (spouse), father, mother, father (mother) of a spouse, son (daughter), sibling, fire or other natural disaster that befell the employee or him a close relative, as well as in case of need for psychological rehabilitation of an employee and in other exceptional cases,
• It is allowed to extend or postpone the main leave or additional leave for a period of no more than 10 calendar days .

Extension of the main leave or additional leave is carried out:

• by order of the head of the Ministry of Internal Affairs of Russia or an authorized head
• upon presentation of documents confirming the existence of grounds for its extension.

Article 59 “Extension of main leave or additional leave” of Federal Law No. 342-FZ “On service in internal affairs bodies”

The procedure for granting vacation leave to an employee of the Ministry of Internal Affairs (police)

For cadets, students, adjuncts studying full-time in educational institutions of higher education of the Ministry of Internal Affairs of Russia:

• winter holiday leave lasting 14 calendar days and
• summer vacation of 30 calendar days ,
• including travel time to and from your holiday destination.

Article 60 “Vacation Leave” of Federal Law No. 342-FZ “On Service in the Internal Affairs Bodies”

The procedure for granting an employee of the Ministry of Internal Affairs (police) leave for personal reasons

Leave for employees of the Ministry of Internal Affairs (police) for personal reasons:

• lasting no more than 10 calendar days (excluding travel time to the vacation spot and back)
• provided to an employee of internal affairs bodies by order of the head of the Ministry of Internal Affairs of Russia or an authorized head
• in the event of a serious illness or death of a close relative of an employee (spouse), father, mother, father (mother) of a spouse, son (daughter), sibling, fire or other natural disaster that befell the employee or him a close relative, as well as in case of need for psychological rehabilitation of an employee and in other exceptional cases.

The number of leaves for personal reasons during a calendar year is not limited.

Article 61 “Leave for personal reasons” of Federal Law No. 342-FZ “On service in internal affairs bodies”

The procedure for granting leave to an employee of the Ministry of Internal Affairs (police) upon graduation from an educational organization of higher education of the Ministry of Internal Affairs of Russia

Leave upon graduation from an educational organization of higher education of the Ministry of Internal Affairs of Russia:

• an employee of internal affairs bodies who studied full-time,
• provided for a duration of 30 calendar days ,
• excluding travel time to and from the vacation destination,
• which is counted towards the main vacation for the current year.

Leave upon graduation from an educational organization of higher education of the Ministry of Internal Affairs of Russia:

• should be used, as a rule, before the arrival of an employee of the Ministry of Internal Affairs (police) to the place of further service in the internal affairs bodies;
• by decision of the head of the Ministry of Internal Affairs of Russia or an authorized head, leave upon graduation from an educational organization of higher education of the Ministry of Internal Affairs of Russia may be granted to an employee after appointment to a position in the internal affairs bodies.

Article 62 “Vacation after graduation from an educational organization of higher education of the federal executive body in the field of internal affairs” of Federal Law No. 342-FZ “On Service in the Internal Affairs Bodies”

The procedure for granting employees of the Ministry of Internal Affairs (police) other types of leave

An employee of the Ministry of Internal Affairs (police) with 20 years or more of service in internal affairs bodies in calendar terms:

• in any year of the last 3 years until he reaches the age limit for serving in the internal affairs bodies
• or in the year of dismissal from service due to health conditions or due to a reduction in position in the internal affairs bodies
• at his request, leave for personal reasons is granted for a duration of 30 calendar days with the preservation of monetary allowance.

The specified leave is also granted:

• an employee serving in the internal affairs bodies after reaching the maximum age for service and
• who has not used this leave before;
• the specified leave is granted once during the period of service in the internal affairs bodies.

For female employees of the Ministry of Internal Affairs (police):

• in accordance with Article 255 “Maternity leave” of the Labor Code of the Russian Federation
• maternity leave is provided.

Employees of the Ministry of Internal Affairs (police) may also be provided with:

• maternity leave,
• sabbatical,
• leave granted in accordance with labor legislation to employees combining work with education,
• as well as other leaves established by Chapter 19 “Vacations” (Articles 114 - 128) of the Labor Code of the Russian Federation.

Article 63 “Other types of leave” of Federal Law No. 342-FZ “On service in internal affairs bodies”

The procedure for recalling employees of the Ministry of Internal Affairs (police) from vacation

An employee of the Ministry of Internal Affairs (police) may be recalled from leave:

• with his consent - on the basis of an order from the head of the Ministry of Internal Affairs of Russia or an authorized head in exceptional cases, if the absence of an employee in the service of internal affairs bodies entails the impossibility of proper implementation by the Ministry of Internal Affairs of Russia, its territorial body, or division of the functions established by the legislation of the Russian Federation;
• without his consent - upon the occurrence of circumstances provided for in Article 35 “Service in internal affairs bodies under special conditions” of Federal Law No. 342-FZ “On service in internal affairs bodies”.

Unused portion of vacation:

• must be provided to the employee at a time convenient for him in the current year or during the next year;
• if the unused part of the vacation is 10 calendar days or more , the employee is paid the cost of travel to and from the vacation destination and is given additional time to travel to and from the vacation destination.

Article 64 “Recall of an employee of internal affairs bodies from vacation” of Federal Law No. 342-FZ “On service in internal affairs bodies”

If you have any questions about the violation of your rights, or you find yourself in a difficult life situation, then an online duty lawyer is ready to advise you on this issue for free.

RIGHT TO SERVICE IN MINISTERAL AFFAIRS BODIES

The nuances of additional leave

Now let’s look at a nuance that directly concerns the additional leave itself, which is due for non-compliance. In accordance with the first paragraph of the above Order, this leave must be provided either in accordance with the annual paid leave schedule, or separately from it at the request of the employee. However, management is often reluctant to grant this leave, citing the lack of delays, although an irregular working day has been established. You should know that the right to such additional leave is available regardless of how much the employee worked in excess of the established normal schedule.

Thus, in this article we examined an irregular working day in the Ministry of Internal Affairs. What this is became clear.