Active Edition from 31.01.2013
| Document name | ORDER of the Ministry of Internal Affairs of the Russian Federation of January 31, 2013 N 65 "ON APPROVAL OF THE PROCEDURE FOR PROVIDING MONEY ALLOWANCE FOR EMPLOYEES OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION" |
| Document type | order, order |
| Host body | Ministry of Internal Affairs of the Russian Federation |
| Document Number | 65 |
| Acceptance date | 28.05.2013 |
| Revision date | 31.01.2013 |
| Registration number in the Ministry of Justice | 28315 |
| Date of registration in the Ministry of Justice | 06.05.2013 |
| Status | valid |
| Publication |
|
| Navigator | Notes |
ORDER of the Ministry of Internal Affairs of the Russian Federation of January 31, 2013 N 65 "ON APPROVAL OF THE PROCEDURE FOR PROVIDING MONEY ALLOWANCE FOR EMPLOYEES OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION"
32. On the basis of the order of the head, employees who have a disciplinary sanction "severe reprimand", "warning of incomplete official compliance", "transfer to a lower position in the internal affairs bodies", the bonus is not paid within one month from the date of their bringing to disciplinary responsibility.
33. Employees dismissed from service in the internal affairs bodies, on the basis of the order of the head, are not paid a bonus in the month of dismissal, if the dismissal was made on the following grounds:
33.1. Gross violation of official discipline by an employee.
33.2. Repeated violation of official discipline by an employee if he has a disciplinary sanction imposed in writing by order of the head of the federal executive body in the field of internal affairs or an authorized head.
33.3. Refusal of an employee to transfer to a lower position in the internal affairs bodies in the execution of a disciplinary sanction.
33.4. Violation of the terms of the contract by the employee.
33.5. Non-compliance by an employee with restrictions and prohibitions established by federal laws.
33.6. Loss of trust.
33.7. Submission by an employee of forged documents or knowingly false information when entering the service in the internal affairs bodies, as well as the submission by an employee during the period of service in the internal affairs bodies of forged documents or knowingly false information confirming his compliance with the requirements of the legislation of the Russian Federation in terms of the conditions for replacing the corresponding positions in internal affairs bodies, if this does not entail criminal liability.
33.8. Conviction of an employee for a crime, as well as termination of criminal prosecution against an employee due to the expiration of the statute of limitations, in connection with the reconciliation of the parties, as a result of an amnesty act, in connection with active repentance.
33.9. Committing an offense discrediting the honor of an employee of the internal affairs bodies.
33.10. Violation by an employee of mandatory rules when concluding a contract.
34. Within the limits of the funds provided for the payment of monetary allowance, employees who successfully perform particularly complex and important tasks may be additionally paid one-time bonuses.
35. The decision to pay a one-time bonus, provided for in paragraph 34 of this Procedure, is drawn up by order of the head.
36. With regard to the heads of departments and their deputies, the decision to pay a one-time bonus is made by a higher head.
37. Employees from among the cadets and students of educational institutions of the Ministry of Internal Affairs of Russia (except for the positions of deputy platoon commanders, squad commanders, as well as students of the Academy of Management of the Ministry of Internal Affairs of Russia) are paid monthly, depending on the results of the past intermediate or final state certification, educational or pre-diploma practice in the following amounts (as a percentage of the salary of the monetary content) if available:
1) marks "excellent" or marks "excellent" and "good" - 25;
2) ratings "good" - 20;
3) marks "excellent" and "satisfactory", or marks "good" and "satisfactory", or marks "excellent", "good" and "satisfactory" - 15;
4) grades "satisfactory" - 10;
5) "unsatisfactory" or "failed" grades, which are retaken for a grade not lower than "satisfactory" or "passed", - 5.
38. Employees from among the first-year cadets of educational institutions of the Ministry of Internal Affairs of Russia in the period from the beginning of the academic year until the end of the first intermediate certification, the bonus is paid at the rate of twenty-five percent of the salary.
39. The order of the head to pay bonuses to employees from among cadets and students (except for deputy platoon commanders, squad commanders, as well as students of the Academy of Management of the Ministry of Internal Affairs of Russia) is issued twice a year based on the results of an intermediate or final state certification, educational or pre-graduation practice (with a personal list, indicating the amount of the premium), taking into account paragraphs 31 - 32 of this Procedure.
V. Regional coefficients, coefficients for service in high-mountainous regions, in desert and waterless areas, percentage bonuses for service in regions of the Far North, areas equated to them and other areas with adverse climatic or environmental conditions, including remote ones
40. To the monetary allowance of employees serving in the regions of the Far North, areas equated to them and other areas with adverse climatic or environmental conditions, including remote ones, coefficients are established (district, for service in high-mountainous regions, for service in desert and waterless localities) and percentage surcharges provided for by the legislation of the Russian Federation<1>.
<1>part 15 of article 2. Further - "coefficients and interest surcharges".
41. For the application of coefficients and percentage surcharges, the following are taken into account in the composition of the monetary allowance:
1) official salary;
2) salary for a special rank;
3) monthly allowance to the salary of monetary maintenance for the length of service (length of service);
4) monthly bonus to the official salary for the qualification title;
5) monthly bonus to the official salary for special conditions of service;
6) monthly bonus to the official salary for work with information constituting a state secret<1>.
<1>Federal Law "On Social Guarantees", Part 15 of Article 2.
42. Coefficients and percentage bonuses are applied (paid) in accordance with the Rules for the application of coefficients (for district coefficients, for military service (service) in mountainous regions, for military service (service) in desert and waterless areas) and percentage bonuses to the monetary allowance of military personnel passing military service under the contract, and employees of the internal affairs bodies of the Russian Federation, institutions and bodies of the penitentiary system, performing military service (service) in the regions of the Far North, areas equated to them, as well as in other areas with adverse climatic or environmental conditions, in including remote areas, high mountain areas, desert and arid areas<1>.
<1>Approved by Decree of the Government of the Russian Federation of December 30, 2011 N 1237 "On the size of the coefficients and percentage allowances and the procedure for their application for calculating the monetary allowance of military personnel undergoing military service under the contract, and employees of some federal executive bodies undergoing military service (service) in the regions of the Far North and equivalent areas, as well as in other areas with unfavorable climatic or environmental conditions, including remote areas, high mountainous areas, desert and waterless areas "(Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2012, No. 3, Art. 436 ; N 12, item 1410; N 36, item 4915). Further - "Decree of the Government of the Russian Federation of December 30, 2011 N 1237".
43. The size of the coefficients and percentage markups are determined by the Government of the Russian Federation<1>.
<1>Defined by Decree of the Government of the Russian Federation of December 30, 2011 N 1237.
VI. Other additional payments44. Employees with a higher legal education and filling positions, the main duties of which include conducting a legal examination of legal acts and draft legal acts, preparing and editing draft legal acts and signing them as a lawyer or executor, are paid a monthly allowance in the amount of up to 50 percent of salary<1>depending on the volume and complexity of the legal examinations of legal acts and draft legal acts carried out by employees, work on the preparation and editing of draft legal acts. The legal premium is set:
<1>dated May 8, 2001 N 528 "On some measures to strengthen the legal services of state bodies" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2001, N 20, art. 2000). Next is the "legal surcharge."
44.1. Employees filling the positions of First Deputy (Deputy) Minister of Internal Affairs of the Russian Federation, Secretary of State - Deputy Minister of Internal Affairs of the Russian Federation, Deputy Minister - Head of the Investigation Department of the Ministry of Internal Affairs of Russia, having a higher legal education - Minister of Internal Affairs of the Russian Federation.
44.2. Employees replacing the positions of heads of departments, main departments (departments) of the Ministry of Internal Affairs of Russia, first deputies (deputies) heads of departments, main departments (departments) of the Ministry of Internal Affairs of Russia, except for those specified in subparagraph 44.3 of this paragraph, who are responsible for the implementation of legal work and who have higher legal education, - by the Minister of Internal Affairs of the Russian Federation on the proposal of the Deputy Minister of Internal Affairs of the Russian Federation, who is responsible for the activities of these units, agreed with the Secretary of State - Deputy Minister of Internal Affairs of the Russian Federation.
44.3. Employees replacing the positions of the head of a department, department of the Ministry of Internal Affairs of Russia, first deputy (deputy) head of a department, department of the Ministry of Internal Affairs of Russia, responsibility for whose activities is entrusted to the Secretary of State - Deputy Minister of Internal Affairs of the Russian Federation - by the Minister of Internal Affairs of the Russian Federation on the proposal of the State Secretary - Deputy Minister of Internal Affairs of the Russian Federation.
44.4. To employees of subdivisions of the central apparatus of the Ministry of Internal Affairs of Russia, as well as subdivisions and institutions, the activities of which are managed by subdivisions of the central apparatus of the Ministry of Internal Affairs of Russia - by the Secretary of State - Deputy Minister of Internal Affairs of the Russian Federation on the proposal of the heads of the relevant subdivisions and institutions.
44.5. Employees of the territorial bodies of the Ministry of Internal Affairs of Russia at the district, interregional and regional levels, institutions and organizations of the system of the Ministry of Internal Affairs of Russia - heads of the relevant territorial bodies of the Ministry of Internal Affairs of Russia at the district, interregional and regional levels, institutions and organizations of the system of the Ministry of Internal Affairs of Russia.
44.6. Employees of departments (departments) of the Ministry of Internal Affairs of Russia for districts, cities and other municipalities, including several municipalities, of the Department of the Ministry of Internal Affairs of Russia at the Baikonur complex - by the relevant ministers of internal affairs for the republics, heads of main departments, departments of the Ministry of Internal Affairs of Russia for other subjects of the Russian Federation, on the proposal of the heads of legal departments of the ministries of internal affairs for the republics, main departments, departments of the Ministry of Internal Affairs of Russia for other subjects of the Russian Federation.
44.7. Employees of departments, departments of the Ministry of Internal Affairs of Russia for closed administrative-territorial formations, at especially important and sensitive facilities, linear departments of the Ministry of Internal Affairs of Russia for railway, water and air transport - heads of departments, departments of the Ministry of Internal Affairs of Russia for closed administrative-territorial formations, at especially important and sensitive objects, linear departments of the Ministry of Internal Affairs of Russia on railway, water and air transport.
45. Monthly percentage bonus to the official salary for length of service in structural units for the protection of state secrets<1>established and paid:
<1>Decree of the Government of the Russian Federation of September 18, 2006 N 573 "On the provision of social guarantees to citizens admitted to state secrets on an ongoing basis, and employees of structural units for the protection of state secrets" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2006, N 39, Art. 4083 ; 2008, N 23, item 2727; 2012, N 12, item 1410).
45.1. Taking into account the documented length of service (military service, work) in these units, regardless of which state authority (local government, enterprise, organization, military unit) the employee served (military service, worked).
45.2. In accordance with the approved list of positions<1>.
<1>Approved by the order of the Ministry of Internal Affairs of Russia dated June 13, 2007 N 519 "On approval of the Instruction on the payment of monthly percentage bonuses to the official salary (tariff rate) of employees, federal civil servants and employees of the internal affairs bodies of the Russian Federation, admitted to state secrets" (registered in Ministry of Justice of Russia on July 12, 2007, registration N 9825), subject to changes made by orders of the Ministry of Internal Affairs of Russia dated November 21, 2007 N 1110 (registered in the Ministry of Justice of Russia on December 6, 2007, registration N 10632), dated December 14, 2009 N 960 (registered with the Ministry of Justice of Russia on February 12, 2010, registration N 16404) and dated August 14, 2012 N 787 (registered with the Ministry of Justice of Russia on August 27, 2012, registration N 25284).
45.3. As a percentage of the official salary in the following amounts with work experience:
1) from 1 to 5 years - 10;
2) from 5 to 10 years - 15;
3) from 10 years and above - 20.
45.4. Based on the order of the head, indicating the length of service in the structural units for the protection of state secrets.
46. Employees replacing the positions of employees of the encryption service, or carrying out work with ciphers in the structural divisions of the internal affairs bodies, or involved in this work by decision of the heads of departments on the basis of the lists of positions of employees of the encryption service approved by them, as well as the managerial, teaching and educational support the composition of training courses, retraining and advanced training of employees of encryption services, employed in the work with ciphers, is paid a monthly percentage bonus for encryption work:
46.1. As a percentage of the official salary, depending on the total length of service in encryption work, in the following amounts:
46.2. Taking into account the total experience of encryption work, which includes the time of work with ciphers in the encryption service of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, institutions and organizations, regardless of their organizational and legal form.
46.3. Based on the order of the head with an indication of the total experience of encryption work.
47. Employees are paid a one-time incentive in the following amounts (in salary salaries)<1>:
<1>Decree of the President of the Russian Federation of July 25, 2006 N 765 "On the one-time encouragement of persons in federal public service" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2006, N 31, art. 3461; 2009, N 14, art. 1630; 2010, N 37, item 4643; 2011, N 4, item 572; 2012, N 6, item 642). Further - "Decree of the President of the Russian Federation of July 25, 2006 N 765".
47.1. With the encouragement of the Government of the Russian Federation - 1.
47.2. With the encouragement of the President of the Russian Federation - 2.
47.3. When conferring honorary titles of the Russian Federation and awarding insignia of the Russian Federation - 3.
47.4. When awarding orders and medals of the Russian Federation (with the exception of anniversary ones) - 5.
47.5. When awarded with a sign of special distinction - the Gold Star medal - 10.
VII. Monetary allowance for doctoral students, adjuncts, students, cadets48. Employees enrolled in educational institutions of vocational education of the system of the Ministry of Internal Affairs of Russia as trainees or cadets for full-time study, as well as in full-time postgraduate studies or doctoral studies of educational institutions of higher professional education and research organizations of the system of the Ministry of Internal Affairs of Russia as adjuncts and doctoral students, monetary allowance is established in accordance with paragraph 1 of this Procedure.
49. Official salaries are set in the following amounts:
49.1. Listeners and cadets accepted for training from among the rank and file and commanding staff - in the amount of salaries for positions occupied by them before admission to training<1>.
49.2. For cadets accepted for training from among citizens who did not serve, - in the amount of the official salary for the standard position "Cadet of an educational institution of the Ministry of Internal Affairs of the Russian Federation (for employees of internal affairs bodies from among citizens who did not serve before entering training)", established by the Government of the Russian Federation<1>.
<1>Section II of Appendix No. 1 to Decree of the Government of the Russian Federation of November 3, 2011 No. 878.
49.3. Cadets of educational institutions of higher professional education of the system of the Ministry of Internal Affairs of Russia from the day they were awarded the special rank of middle commanding staff, as well as employees enrolled in full-time postgraduate studies of educational institutions of higher professional education and research organizations of the system of the Ministry of Internal Affairs of Russia as adjuncts immediately after graduating from educational institutions of higher professional education system of the Ministry of Internal Affairs of Russia, - in relation to the size of the official salary for the standard position of a junior inspector in the center of a constituent entity of the Russian Federation and a city with a population of over 100 thousand people, established by the Government of the Russian Federation<1>.
<1>Section II of Appendix No. 1 to Decree of the Government of the Russian Federation of November 3, 2011 No. 878.
49.4. For doctoral students and adjuncts - in the amount of the official salary for the last position occupied before being sent to study.
50. The official salaries of studying doctoral students and adjuncts should not exceed:
Educational institutions of higher professional education of the system of the Ministry of Internal Affairs of Russia - official salary of the head of the department;
research organizations of the system of the Ministry of Internal Affairs of Russia - the official salary of the head of the relevant department.
50.2. In full-time adjuncture:
educational institutions of higher professional education of the system of the Ministry of Internal Affairs of Russia - the official salary of the teacher of the department;
research organizations of the system of the Ministry of Internal Affairs of Russia - the official salary of a senior researcher.
51. For employees recommended for admission to postgraduate studies immediately after graduating from educational institutions of higher professional education of the system of the Ministry of Internal Affairs of Russia, upon graduation from these institutions, monetary allowance is retained in the amount paid upon graduation from an educational institution of the system of the Ministry of Internal Affairs of Russia.
52. The payment of monetary allowance is made by educational institutions of higher professional education that have given recommendations for admission to postgraduate studies.
53. Employees who have graduated from educational institutions of the system of the Ministry of Internal Affairs of Russia and are sent to serve in the relevant units, the payment of monetary allowance during the leave in connection with the end of the educational institution is made by educational institutions.
VIII. Payment of monetary allowance for the period of initial training, additional professional education54. Employees who temporarily depart without dismissal for initial training, professional retraining, advanced training, during training, as well as during the journey to the place of study and back, are paid the monetary allowance received in the main position, taking into account the permanent service coefficients and percentage surcharges, in full.
55. In the event of an increase in the salaries of the monetary allowance, the payment of monetary allowance to employees is made from the new salary of the monetary content from the moment it is established.
IX. Monetary compensation for the performance of official duties in excess of the established normal working hours, at night, on weekends and non-working holidays56. To the employee at his request, set out in the report, according to the records of official time<1>and based on the order of the head, instead of providing additional days of rest, monetary compensation may be paid for the performance of official duties in excess of the established normal length of service time, at night, on weekends and non-working holidays<2>.
59. The amount of monetary compensation is determined by multiplying the number of days for which monetary compensation is paid by the daily allowance.
60. The daily allowance is determined by dividing the amount of the salary of the allowance and the monthly additional payments as part of the employee's allowance for the month in which the payment is made by 29.4 (average monthly number of calendar days)<1>.
61. On the basis of the order of the head, issued on the basis of the results of accounting for the time of attracting employees to perform official duties at night, on weekends and non-working holidays according to the shift schedule within the normal working time for the accounting period, employees are paid compensation.
62. The compensation payment specified in paragraph 61 of this Procedure is made for each hour of work in the relevant conditions in the following amounts:
62.1. On non-working holidays - a single hourly rate.
62.2. At night - 20 percent of the hourly rate.
63. The hourly rate is determined by dividing the employee's salary for the month in which payment is made by the average monthly number of hours worked in that calendar year.
X. Monetary allowance for temporary performance of duties in another position, for combining duties, for part-time work64. An employee who, in accordance with the established procedure, is entrusted with the temporary performance of duties in another position, is paid monetary allowance based on the official salary for the temporarily occupied position, but not less than the official salary for the main position, taking into account additional payments established for him in the main position<1>, in the cases:
<1>Federal Law "On Social Guarantees", Part 22 of Article 2.
64.1. Imposing duties on a higher position on an employee with his simultaneous release from performing duties on a substituted position or without it<1>.
<1>part 1 of article 31.
64.2. Engaging an employee to perform duties in another position, without dismissal from the position being replaced<1>.
<1>Federal Law "On Service in the Internal Affairs Bodies", Part 8 of Article 31.
65. The official salary in the cases specified in paragraph 64 of this Procedure is established by order of the head.
66. For the period of combining duties in another position within the same unit<1>employees receive additional pay<2>.
<2>Decree of the Government of the Russian Federation of June 25, 2012 N 621 "On approval of the Regulations on the combination of duties in the service in the internal affairs bodies of the Russian Federation (Collected Legislation of the Russian Federation, 2012, N 27, Article 3732). Further in this section -" additional pay".
67. The amount of the additional payment is determined by the order of the head, depending on the scope and content of the duties for the combined position assigned to a particular employee.
68. The total amount of additional payment for combining duties during a full calendar month cannot exceed the monthly salary in accordance with the combined position, including when two or more employees combine duties.
69. Payment for part-time work is made:
In the positions of employees - in the manner prescribed by the legislation of the Russian Federation;
For employee positions - based on the salary established for the position filled on a part-time basis, as well as all other additional payments provided for this position, except for the percentage bonus for the length of service (length of service), in proportion to the hours worked.
70. Payment of salaries for special ranks for part-time work is not made.
71. Bonuses for part-time employees are made from the amount of the official salary and in the manner determined by the position substituted on the terms of part-time employment.
XI. The procedure for remuneration of interns72. Interns are paid official salaries in accordance with the staffing table and are made compensation and incentive payments provided for civilian personnel of military units, institutions and divisions of the system of the Ministry of Internal Affairs of Russia<1>.
<1>Order of the Ministry of Internal Affairs of Russia of August 27, 2008 N 751 "On measures to implement the Decree of the Government of the Russian Federation of August 5, 2008 N 583" (registered with the Ministry of Justice of Russia on October 8, 2008, registration N 12427), subject to changes made by orders Ministry of Internal Affairs of Russia dated December 10, 2008 N 1081 (registered with the Ministry of Justice of Russia on January 27, 2009, registration N 13176), dated July 6, 2009 N 512 (registered with the Ministry of Justice of Russia on August 20, 2009, registration N 14580), dated 1 October 2010 N 702 (registered with the Ministry of Justice of Russia on October 25, 2010, registration N 18807), dated March 15, 2012 N 175 (registered with the Ministry of Justice of Russia on April 27, 2012, registration N 23966) and January 15, 2013 N 18 (registered with the Ministry of Justice of Russia on February 15, 2013, registration N 27101). Further - "order of the Ministry of Internal Affairs of Russia of August 27, 2008 N 751".
73. The remuneration of the work of the trainee is made at the expense and within the limits of the funds provided for the monetary allowance for the corresponding position of the employee.
XII. Payment of allowance during vacations74. Monetary allowance for the time of basic, additional, vacation leave, leave for personal reasons, leave in connection with the graduation from an educational institution of higher professional education of the Ministry of Internal Affairs of Russia, as well as other types of leave, if their payment is provided for by the legislation of the Russian Federation, is paid in the amount established for the position to be occupied by the day of departure on vacation<1>.
<1>Federal Law "On Service in the Internal Affairs Bodies", Part 1 of Article 56.
75. In the event of a change in the amount of monetary allowance during the period the employee is on vacation, he is subject to a corresponding recalculation upon his return from vacation.
76. Monetary allowance is paid for the time:
76.1. Vacations granted to employees admitted to entrance examinations to postgraduate studies (postgraduate studies) of educational institutions of higher professional education with state accreditation, or educational institutions of additional professional education, scientific institutions (organizations) licensed to conduct educational activities in the field of postgraduate professional education<1>.
76.2. Annual additional vacations provided to employees studying in postgraduate (postgraduate) courses by correspondence, as well as for the time of travel to the location of the postgraduate (postgraduate) and back.
76.3. Vacations provided in the prescribed manner to employees to complete a dissertation for the degree of candidate of science or doctor of science.
77. Monetary allowance is paid for the time of additional holidays provided to employees studying in state-accredited educational institutions of higher and secondary vocational education in part-time and part-time (evening) forms of education:
77.1. To pass the intermediate certification.
77.2. For the preparation and defense of the final qualifying work and (or) passing the final state exams.
78. Employees studying in adjuncture (postgraduate studies) on a correspondence course are paid one free day per week.<1>in the amount of 50 percent of the daily monetary allowance.
<1>Federal Law No. 125-FZ of August 22, 1996 "On Higher and Postgraduate Vocational Education", (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 35, Art. 4135; 2000, No. 33, Art. 3348; 2002, No. 26, 2517; 2003, N 14, item 1254; N 28, item 2888; 2004, N 35, item 3607; 2005, N 17, item 1481; 2006, N 1, item 10; N 29, 3122; N 30, item 3289; N 43, item 4413; 2007, N 1, item 21; N 2, item 360; N 7, item 838; N 17, item 1932; N 29 , item 3484; N 44, item 5280; N 49, item 6068, item 6069, item 6070, item 6074; 2008, N 17, item 1757; N 29, item 3419; N 30, 3616; N 52, item 6236, item 6241; 2009, N 7, item 786, item 787; N 29, item 3621; N 31, item 3923; N 46, item 5419; N 51, item 6158; N 52, item 6405; N 52, item 6409; 2010, N 19, item 2291; N 31, item 4167; N 46, item 5918; 2011, N 1, item 38; N 6, item 793; N 25, item 3537; N 30, item 4590; N 41, item 5636; N 45, item 6320; N 47, item 6608; N 48, item 6727 ; N 49, item 7062; N 49, item 7063). Next - "Federal Law" On Higher and Postgraduate Vocational Education ".
79. In the amount of 50 percent of the monetary allowance, but not less than the minimum wage established by the legislation of the Russian Federation<1>, payment is made for the time of release from service in connection with the establishment of a reduced service week for a period of 10 academic months before the start of a graduation project (work) or passing state exams for employees studying in state-accredited educational institutions of higher and secondary vocational education for correspondence and full-time correspondence (evening) forms of education.
<1>Federal Law of June 19, 2000 N 82-FZ "On the Minimum Wage", (Collected Legislation of the Russian Federation, 2000, N 26, Art. 2729; 2002, N 18, Art. 1722; N 48, Art. 4737 ; 2003, N 40, item 3818; 2004, N 35, item 3607; 2005, N 1, item 24; 2007, N 17, item 1930; 2008, N 26, item 3010; 2009, N 30 , item 3739; 2011, N 23, item 3246; 2012, N 50, item 6955).
80. Employees during maternity leave, in addition to maternity benefits, receive other additional payments, the right to which arose during the period of this leave.
81. Monetary compensation for vacation is paid:
81.1. In cases of dismissal from the internal affairs bodies of employees who did not use vacation, in the manner specified in paragraphs 100 - 105 of this Procedure.
81.2. Instead of the part of the main vacation exceeding 30 calendar days<1>.
<1>Federal Law "On Service in the Internal Affairs Bodies", Part 7 of Article 56. Further in this section - "compensation".
82. Compensation is paid on the basis of the report of the employee and the order of the head, which indicates the number of days to be compensated.
83. The amount of compensation is determined by multiplying the specified number of days by the amount of the employee's daily allowance.
84. An employee serving in the regions of the Far North, areas equated to them or other areas with adverse climatic or environmental conditions, including remote ones, as well as in harmful conditions, as a rule, is not allowed to replace part of the leave with monetary compensation, with the exception of the case of his dismissal from service in the internal affairs bodies<1>.
<1>Federal Law "On Service in the Internal Affairs Bodies", Part 7 of Article 56.
XIII. Payment of monetary allowance for the time of release of an employee from the performance of official duties due to temporary incapacity for work85. In case of release of an employee from performance of official duties due to temporary incapacity for work<1>he is paid a monetary allowance for the entire period of temporary incapacity for work in the amount established by the day of release from official duties due to temporary incapacity for work.
86. An employee for the period of incapacity for work that occurred after the end of parental leave until he reaches the age of three years, monetary allowance is paid from the day following the day the leave ends.
87. If during the period of incapacity for work the employee has the right to increase the monetary allowance, then its payment in the newly established amounts is made from the day such a right arises.
XIV. Payment of monetary allowance for the time the employee is at disposal88. An employee who is at his disposal retains a monetary allowance in the amount of the official salary for the last occupied position and salary for a special rank, as well as a monthly allowance to the salary for the length of service (length of service)<1>.
<1>Federal Law "On Social Guarantees", Part 23 of Article 2.
89. An employee who is at his disposal and performs duties in the last position he occupies, on the basis of the order of the head, is paid a full allowance<1>.
<1>Federal Law "On Social Guarantees", Part 23 of Article 2.
90. An employee who is at the disposal and does not fulfill the duties of the last occupied position, taking into account the actual volume of official duties performed by him, in addition to the payments specified in paragraph 89 of this Procedure, by decision of the head, the following additional payments may also be made<1>:
<1>Federal Law "On Social Guarantees", Part 23 of Article 2.
monthly bonus to the official salary for the qualification title;
monthly bonus to the official salary for special conditions of service;
monthly bonus to the official salary for work with information constituting a state secret;
awards for conscientious performance of official duties;
incentive payments for special achievements in the service;
Bonus to the official salary for the performance of tasks associated with an increased danger to life and health in peacetime;
coefficients and percentages.
91. Monetary allowance in the amounts specified in paragraphs 88 and 89 of this Procedure is paid during the period of being at disposal, but not more than<1>:
<1>Federal Law "On Social Guarantees", Part 23 of Article 2. Federal Law "On Service in the Internal Affairs Bodies", Parts and Article 36.
91.1. One year - in case of failure to perform more than four months in total within twelve months of official duties due to temporary disability.
91.2. Three months - in cases:
1) the end of the suspension by an employee of the service in the internal affairs bodies;
2) employment of an employee at the end of a business trip for a period of more than one year, including abroad;
3) reinstatement of an employee who previously held this position;
4) the expiration of the period of secondment of an employee to a federal government body, another state body or organization with the retention in the staff of the Ministry of Internal Affairs of Russia.
91.3. Two months - in cases:
1) the abolition (liquidation) of a territorial body of the federal executive body in the field of internal affairs or a subdivision or the reduction of a position occupied by an employee in internal affairs bodies;
2) carrying out the procedure for dismissal of an employee from service in the internal affairs bodies;
3) sending an employee for a medical examination (examination), if the employee was released from duty due to temporary disability for a total of more than four months within twelve months.
91.4. One month - in case of dismissal from a substituted position in the internal affairs bodies in connection with the transfer to another position in the internal affairs bodies.
92. The payment of monetary allowance in the cases and amounts specified in paragraphs 88, 89 of this Procedure is extended for periods of temporary disability and being on vacation<1>.
<1>Federal Law "On Social Guarantees", Part 23 of Article 2. Federal Law "On Service in Internal Affairs Bodies", Part 17 of Article 36.
93. The basis for the payment of monetary allowances to employees in the cases and amounts specified in paragraphs 88 - 92 of this Procedure is the order of the head.
XV. Payment of monetary allowance for the period of temporary removal from office, detention, upon reinstatement94. In case of temporary dismissal of an employee from office, he is paid a monetary allowance in the amount of the official salary and salary for a special rank, as well as bonuses to the salary of the monetary allowance for the length of service (length of service)<1>.
<1>Federal Law "On Social Guarantees", Part 25 of Article 2.
95. If an employee is accused (suspected) of committing a crime and a preventive measure in the form of detention is chosen against him, on the basis of the order of the head, the payment of his monetary allowance is suspended<1>.
<1>Federal Law "On Social Guarantees", Part 26 of Article 2.
96. Upon passing an acquittal to an employee or upon termination of his criminal case on rehabilitating grounds, he, on the basis of the order of the head, is paid a monetary allowance in full for the entire period of detention<1>.
<1>Federal Law "On Social Guarantees", Part 26 of Article 2.
97. An employee reinstated in the service in the internal affairs bodies is paid the monetary allowance that he did not receive (underreceived) during his forced absenteeism, established for the position he previously held in the internal affairs bodies, and (or) the difference between the monetary allowance received by him for the last position in the internal affairs bodies, and the actual earnings received during the forced break in service<1>.
<1>Federal Law "On Service in the Internal Affairs Bodies", Part 6 of Article 74.
XVI. Payment of monetary allowance in the event of an unknown absence of an employee, capture, as a hostage, interned in neutral countries98. For employees captured or as hostages, interned in neutral countries, as well as for missing employees (until they are recognized as missing in the manner prescribed by law or declared dead), monetary allowance is retained in full<1>.
<1>Federal Law "On Social Guarantees", Part 21 of Article 2.
99. In the cases specified in paragraph 98 of this Procedure, the monetary allowance of employees is paid to spouses or other members of their families<1>.
<1>Decree of the Government of the Russian Federation of December 27, 2011 N 1165 "On the procedure for paying monetary allowances to employees of the internal affairs bodies of the Russian Federation, captured or as hostages, interned in neutral countries, as well as missing, to spouses or other members of their families" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2012, N 1, art. 190).
XVII. Payment of monetary allowance upon dismissal from the internal affairs bodies and in the event of the death of an employee100. Employees dismissed from the internal affairs bodies are paid monetary allowances:
100.1. Substituting for the day of dismissal of the position - up to the day of dismissal inclusive.
100.2. Those who were in possession by the day of dismissal - by the day of dismissal, but not more than the deadlines specified in paragraphs 91, 92 of this Procedure.
101. Upon dismissal from service in the internal affairs bodies, employees, at their request, are paid monetary compensation for the main vacation not used in the year of dismissal:
101.1. Completely, in case of dismissal<1>:
<1>Federal Law "On Social Guarantees", Part 11 of Article 3.
1) by length of service giving the right to receive a pension;
2) when the employee reaches the age limit for serving in the internal affairs bodies;
3) for health reasons;
4) in connection with the reduction of the position in the internal affairs bodies, replaced by the employee;
5) in connection with the expiration of the employee's stay at the disposal of the federal executive body in the field of internal affairs, its territorial body or subdivision;
6) in connection with violation of the terms of the contract by an authorized manager;
7) due to illness;
8) in connection with the impossibility of transfer or refusal of the employee to transfer to another position in the internal affairs bodies;
9) in connection with the refusal of the employee to be transferred to another position in the internal affairs bodies in order to eliminate the circumstances associated with the direct subordination or control of employees who are in close relationship or property, in accordance with the legislation of the Russian Federation.
101.2. In proportion to the period of service in the year of dismissal, in case of dismissal for other reasons.
102. The amount of monetary compensation for unused vacations to dismissed employees is determined by multiplying the number of days of unused vacations by the amount of daily allowance on the day of dismissal.
103. Cash compensation is paid on the basis of the order of the head, which indicates the total number of days of unused vacation.
104. In the event of the death of an employee, his heirs, in the manner prescribed by the legislation of the Russian Federation, are paid a monetary allowance for the month in which the death occurred, if it was not paid to the employee himself, monetary compensation for all unused vacations, and other payments are also made, the right to which the employee arose by the day of death.
XVIII. Money certificates105. When employees are moved or dismissed, the financial unit (accounting department) is obliged to provide them with all the required types of monetary allowance and make entries on the amounts paid in the cash certificate.
106. The money certificate is filled in:
106.1. In all cases of moving from one unit to another, including when sent to educational institutions of the system of the Ministry of Internal Affairs of Russia for training with dismissal.
106.2. In cases of transfer for further service to another federal executive body.
106.3. When seconded to federal government bodies, other state bodies or organizations while remaining in the staff of the Ministry of Internal Affairs of Russia.
106.4. Upon dismissal from service in the internal affairs bodies with the right to a pension.
107. The cash certificate is issued to the employee against receipt in the personal card of monetary allowance and is registered in the appropriate journal indicating the last name, first name, patronymic and special rank of the employee, the date of issue and the number of the cash certificate.
108. If, for some reason, the cash certificate was not issued upon the departure of the employee, the financial unit (accounting) sends it to the new place of service of the departed employee.
109. An employee who arrives at a new duty station and does not present a cash certificate is paid a monetary allowance at a new duty station starting from the first day of the next month on the basis of a report in which the arrival indicates the reason for not submitting a cash certificate, the amount of monetary allowance received by him at the previous place service, the date by which he was satisfied with the allowance, the amount of deductions due from him.
110. At the same time, the head of the financial unit (chief accountant) requests a duplicate of the monetary certificate at the former place of service of these employees, and in case of discrepancy between the data of the report and the duplicate, the necessary recalculation of the issued monetary allowance is made.
111. Employees dismissed from the internal affairs bodies with the appointment of a pension are not issued a cash certificate in their hands, but are sent in the prescribed manner along with other documents for the appointment of a pension.
112. Upon dismissal of employees with the appointment of a pension, a cash certificate can be issued (sent) to the representative of the personnel department of the unit in which the employee served, for the purpose of issuing a pension.
113. When filling out a money certificate, the following information is required:
113.1. Salary according to position, salary according to special rank, percentage bonus for length of service.
113.2. Benefits and compensation paid to an employee during the relevant calendar year.
113.3. Withholding alimony.
113.4. In the monetary certificates of employees serving in the regions of the Far North, areas equated to them and other areas with adverse climatic or environmental conditions, including remote ones, the coefficients and percentage bonuses they receive are indicated with a breakdown.
114. Cash certificates must be completed without blots, erasures and corrections, clearly and clearly, in ink, a ballpoint pen or on a typewriter (printer), signed by the head of the unit and the head of the financial unit (chief accountant) and certified by the official seal.
115. The employee confirms his agreement with the correctness of the records on the calculations made by signing in the money certificate.
XIX. Payment of salary for a special rank within one year after dismissal from service without the right to a pension116. Citizens dismissed from service in the internal affairs bodies without the right to a pension, who served in the internal affairs bodies and have a total duration of service in the internal affairs bodies of less than 20 years, are paid a monthly salary for a special rank within one year after dismissal in the manner determined by the Government of the Russian Federation, in case of dismissal<1>:
<1>Federal Law "On Social Guarantees", Part 10 of Article 3.
1) when the employee reaches the age limit for serving in the internal affairs bodies;
2) for health reasons;
3) in connection with the reduction of the position in the internal affairs bodies, replaced by the employee;
4) in connection with the expiration of the employee's stay at the disposal of the federal executive body in the field of internal affairs, its territorial body or subdivision;
5) in connection with violation of the terms of the contract by an authorized manager;
6) due to illness;
7) in connection with the impossibility of transfer or refusal of the employee to transfer to another position in the internal affairs bodies;
8) in connection with the refusal of the employee to be transferred to another position in the internal affairs bodies in order to eliminate circumstances related to the direct subordination or control of employees who are in close relationship or property, in accordance with the legislation of the Russian Federation.
117. Payment is made based on the amount of salary for a special rank received by an employee on the day of dismissal from service, including in case of untimely application for her appointment.
118. The one-year period for payment is calculated from the day following the day the employee leaves the service.
119. In the event of an increase (indexation) of salaries for special ranks during the one-year period of payment, its size increases accordingly.
120. Payment for the past time is made if the employee applied before the expiration of 3 years from the date of the emergence of the right to receive it.
121. Payment for the past time is made based on the employee's special rank on the day of dismissal and in the amounts applied within one year from the date of dismissal.
122. To receive a payment, a dismissed (dismissed) employee submits a report (application) to the manager, in which he indicates the method of receiving payment (through the cash desk at the place of service where the employee was on pay before dismissal; by transfer to a personal bank account; by postal order with payment postage at the expense of the recipient; otherwise) and undertakes to inform the manager in writing about the occurrence of the cases specified in paragraphs 127 and 128 of this Procedure.
123. Payment is made at the last place of service of the employee before dismissal on the basis of the order of the head, which indicates the special rank, last name, first name, patronymic of the employee, the basis for dismissal from service, the total duration of service (including military service), the date of dismissal and the end date of the one-year period payments.
124. In the event of the liquidation of the unit where the employee previously received the payment, in the future the payment is made by the unit determined by the decision of the head of the higher unit on the basis of the documents for this payment submitted in the prescribed manner by the liquidated unit.
125. Payment is made monthly for the current month once in the period from the 20th to the 25th.
126. If an employee is called up for military training, the payment is suspended for the period of military training. At the same time, the period of passing military training is counted in the total payment period.
127. Employees who, during the period of receiving the payment, re-enter the military service, as well as the service in the internal affairs bodies, the State Fire Service, institutions and bodies of the penitentiary system, customs authorities, the Investigative Committee of the Russian Federation or the prosecution authorities of the Russian Federation in as employees with special ranks, the payment is terminated from the day they enter the military service (service)<1>.
128. The employee receiving the payment is obliged to inform the head of the unit making the payment in writing about entering the service or calling for military training. On the basis of this information, an order is issued by the head of the early termination (suspension) of the payment, which indicates the special rank, last name, first name, patronymic of the employee, the basis and date of dismissal from service, the basis and date (period) of early termination (suspension) of payment.
129. Reimbursement of excessive amounts received by an employee due to his failure to provide information about the occurrence of the cases specified in paragraphs 127 and 128 of this Procedure is carried out in the manner established by the legislation of the Russian Federation.
130. Accounting (appointment, suspension, termination) of payment is kept in the personal card of the employee's monetary allowance.
XX. Lump-sum payments to graduates of educational institutions of higher professional education from among orphans and children left without parental care131. Graduates of educational institutions of higher professional education from among orphans and children left without parental care are paid a one-time cash allowance in the amount established by the legislation of the Russian Federation<1>.
<1>Federal Law No. 159-FZ of December 21, 1996 "On Additional Guarantees for Social Support for Orphans and Children Left Without Parental Care" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 52, Art. 5880; 1998, No. 7, 788; 2000, N 33, item 3348; 2002, N 15, item 1375; 2003, N 2, item 160; 2004, N 35, item 3607; 2009, N 51, item 6152; 2011 , N 47, item 6608; N 48, item 6727; 2012, N 10, item 1163), part 8 of article 6. Further - "Federal Law of December 21, 1996 N 159-FZ". Further in this section - "graduates".
132. Graduates, at their request, set out in the report, are paid monetary compensation in the amount necessary to purchase clothes, shoes, soft furnishings and equipment, in accordance with the standards approved by the Government of the Russian Federation<1>.
<1>Federal Law of December 21, 1996 N 159-FZ. Decree of the Government of the Russian Federation of November 7, 2005 N 659 "On approval of the norms of material support for orphans and children left without parental care, persons from among orphans and children left without parental care, studying and being raised in federal state educational institutions institutions, minors studying and being educated in federal state educational institutions - special vocational schools of open and closed type and the federal state institution "Sergiev Posad Orphanage for the Deaf-Blind of the Federal Agency for Health and Social Development" (Collected Legislation of the Russian Federation, 2005, No. 46, article 4675).
XXI. Hourly pay133. Hourly wages are applied when remunerating employees employed (attracted):
1) teaching work in the amount of not more than 240 hours per year;
2) performing the duties of medical consultants in healthcare institutions in the amount of not more than 12 hours per month;
3) scientific advice to doctoral students and applicants for scientific degrees, management of adjuncts in educational institutions of higher professional education and research institutions of the system of the Ministry of Internal Affairs of Russia (except for employees from among the teaching staff who are on the staff of these institutions) at the rate of 50 hours per year for each adjunct or doctoral student and 25 hours per year for each degree applicant;
136. By the decision of the head, material assistance in the amount of one salary of the monetary content established on the day the payment is made is provided annually when the employee leaves for the main vacation or at other times according to the report of the employee.137. Within the limits of the funds allocated for monetary allowance, by the decision of the head of the employee, on the basis of his reasoned report, additional material assistance may be provided.
138. The decision to provide material assistance (additional material assistance) to the heads of departments, as well as additional financial assistance to their deputies, is made by a higher head.
139. In the event of the death of an employee, material assistance not received by him in the year of death is paid to the heirs in accordance with the procedure established by the legislation of the Russian Federation.
XXIII. The procedure for paying the lifting allowance and daily allowance when employees move to a new duty station in another locality140. When employees move to a new duty station in another locality (including to and from the territory of a foreign state) in connection with their appointment to another position, or in connection with enrollment in an educational institution of higher professional education of the Ministry of Internal Affairs of the Russian Federation, the term of study in which is more than one year, or in connection with the relocation of the body (unit), employees and members of their families are paid:
140.1. Lifting allowance - in the amount of one salary per employee and one-fourth of the monthly salary for each member of his family who moved to the locality at the employee's new duty station, or to a locality nearby the new duty station, or to another locality in due to the lack of housing at the new place of work of the employee.
140.2. Daily allowance - for the employee and each member of his family moving in connection with the transfer of the employee to a new duty station, in the amount determined by the Government of the Russian Federation for seconded employees for each day of travel<1>.
<1>Federal Law "On Social Guarantees", Part 3 of Article 3.
141. When calculating the lifting allowance:
141.1. For the employee, the amount of the salary of the monetary content established for him at the new place of service (study, deployment) is applied.
141.2. For family members of an employee, the salary of the employee is applied on the day of their registration at the place of residence or place of stay in the locality at the new place of service (study, deployment) of the employee, or in the locality nearby the new place of service (study, deployment) of the employee, or in another locality due to the lack of housing at the new place of service (study, deployment) of the employee<1>.
142. The daily allowance is calculated taking into account the travel time of the employee and his family members.
143. The payment of the lifting allowance and daily allowance is made by the unit at the new place of service (study, deployment).
144. An employee departing to a new duty station (study, deployment) may receive an advance on the per diem allowance due to him and his family members (when traveling together), with the subsequent submission of an advance report at a new duty station (study, deployment).
145. If both spouses are entitled to a lifting allowance and a daily allowance, the lifting allowance and the daily allowance for family members are paid at their choice to one of the spouses.
146. For the calculation of the lifting allowance, the salary of the recipient of the lifting allowance is applied.
147. The payment of the lifting allowance and daily allowance to the employee is made on the basis of a copy of the act (copy of the order or extract from the order) on appointment to the position, a copy of the order (extract from the order) on enrollment in an educational institution of the Ministry of Internal Affairs of Russia, a copy of the order (extract from the order) on redeployment divisions.
148. The payment of the lifting allowance and daily allowance (advance against daily allowance) for family members is made when the employee provides:
148.1. Certificates from the place of service of one of the spouses about his non-receipt of the lifting allowance and daily allowance for family members.
148.2. Documents confirming the registration of the employee's family members at the new place of residence or place of stay.
148.3. Certificates from an educational institution on the education of children, indicating the date of commencement of education (for children aged 18 to 23 years studying in educational institutions full-time).
3. Order of the Ministry of Internal Affairs of Russia of November 29, 2011 N 1176 "On Amendments to the Regulations on the Monetary Allowance of Employees of the Internal Affairs Bodies of the Russian Federation, approved by Order of the Ministry of Internal Affairs of Russia of December 14, 2009 N 960"<1>.
4. Clause 1 of the order of the Ministry of Internal Affairs of Russia dated December 19, 2011 N 1257 "On approval of the procedure for paying bonuses for conscientious performance of official duties to employees of the internal affairs bodies of the Russian Federation"<1>.
5. Clause 2 of the order of the Ministry of Internal Affairs of Russia dated December 19, 2011 N 1258 "On approval of the procedure for establishing incentive payments for special achievements in the service of employees of the internal affairs bodies of the Russian Federation"<1>.
6. Subparagraph 2.3 of the order of the Ministry of Internal Affairs of Russia dated December 19, 2011 N 1259 "On approval of the List of positions of employees of the internal affairs bodies of the Russian Federation, upon replacement of which a monthly allowance is paid for special conditions of service, and the amount of the allowance for these positions"<1>.
7. Order of the Ministry of Internal Affairs of Russia dated December 19, 2011 N 1260 "On the procedure for providing material assistance to employees of the internal affairs bodies of the Russian Federation"<1>.
8. Order of the Ministry of Internal Affairs of Russia dated January 16, 2012 N 27 "On approval of the Procedure for replacing part of the main vacation with monetary compensation to employees of the internal affairs bodies of the Russian Federation"<1>.
9. Subparagraphs 3.2 and 3.3 of the order of the Ministry of Internal Affairs of Russia dated February 20, 2012 N 106 "On the size of the allowance for the official salary of employees of the internal affairs bodies of the Russian Federation for performing tasks associated with an increased danger to life and health in peacetime, and approving the List of individual positions of employees of the internal affairs bodies of the Russian Federation, upon replacement of which a bonus is established to the official salary for performing tasks associated with an increased danger to life and health in peacetime"<1>.
10. Clause 15 of the List of regulatory legal acts of the Ministry of Internal Affairs of Russia and individual prescriptions of regulatory legal acts of the Ministry of Internal Affairs of Russia, recognized as invalid, approved by order of the Ministry of Internal Affairs of Russia dated March 15, 2012 N 175<1>.
11. Order of the Ministry of Internal Affairs of Russia dated June 27, 2012 N 638 "On approval of the Procedure for the payment of monetary compensation for the performance of official duties in excess of the established normal length of service time, at night, on weekends and non-working holidays to employees of the internal affairs bodies of the Russian Federation"<1>.
12. Order of the Ministry of Internal Affairs of Russia dated July 5, 2012 N 677 "On approval of the procedure for paying lifting allowance and daily allowance when employees of the internal affairs bodies of the Russian Federation move to a new duty station in another locality"<1>.
13. Order of the Ministry of Internal Affairs of Russia of July 11, 2012 N 684 "On Amendments to the Procedure for the Payment of Bonuses for Conscientious Performance of Official Duties to Employees of Internal Affairs Bodies, approved by Order of the Ministry of Internal Affairs of Russia of December 19, 2011 N 1257"<1>.
The Zakonbase website presents the ORDER of the Ministry of Internal Affairs of the Russian Federation of January 31, 2013 N 65 "ON APPROVAL OF THE PROCEDURE FOR PROVIDING MONEY ALLOWANCE FOR EMPLOYEES OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION" in the most recent edition. It is easy to comply with all legal requirements if you familiarize yourself with the relevant sections, chapters and articles of this document for 2014. To search for the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.
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Colonel of internal service Elena CHURAKOVA answers questions from the readers of the Police of Russia.
Is an employee of the internal affairs bodies entitled to material assistance during the period of leave granted to him to care for a child until he reaches the age of three years?
E. Gromova, Smolensk region
In accordance with Part 2 of Article 3 of the Federal Law of July 19, 2011 No. 247-FZ “On Social Guarantees for Employees of 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 Social Guarantees”) employees financial assistance is provided annually in the amount of at least one monthly salary per year in the manner determined by the order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65 “On Approval of the Procedure for Providing Monetary Allowance to Employees of the Internal Affairs Bodies of the Russian Federation” (hereinafter referred to as the Procedure).
The legislation does not establish restrictions regarding the payment of material assistance to employees during their parental leave until the child reaches the age of three years.
By the decision of the head, material assistance in the amount of one salary of the monetary content established on the day the payment is made is provided annually when the employee leaves for the main vacation or at other times according to the report of the employee.
Thus, the basis for the payment of material assistance to an employee during his parental leave until he reaches the age of three years is the report of the employee and the decision of the head to provide material assistance for the corresponding year.
If during the calendar year the employee did not apply with a report on the payment of material assistance to him for the current year, then material assistance in the amount of one salary of the monetary content established on the day the payment was made is provided to him on the basis of the order of the head in December of the current year.
My husband is a police officer. Every year, on the Day of the employee of the internal affairs bodies, he was paid a bonus. Last year they didn't pay.
Is it legal?
T. Lipnitskaya, Kemerovo
The procedure for awarding employees of internal affairs bodies is regulated by Section IV of the Order.
Employees are paid bonuses for conscientious performance of official duties at the rate of three monthly salaries. The bonus is paid monthly at the rate of twenty-five percent of the monthly salary. Within the limits of the funds provided for the payment of monetary allowance, employees who successfully perform particularly complex and important tasks may be additionally paid one-time bonuses.
The payment of bonuses to police officers on anniversaries and holidays, including professional holidays, is not established by law.
Thus, one-time bonuses are not obligatory in nature, but are a special measure of material incentives for employees for the successful completion of particularly complex and important tasks and are paid out of the savings generated in the presence of vacant positions for the payment of monetary allowances.
I am a district commissioner and additionally perform duties in another position. How should I pay for all this?
P. Zharkov, Vyborg, Leningrad Region
In accordance with Article 31 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”, an employee of the internal affairs bodies, with his consent, may be temporarily assigned duties for a higher or equivalent position in the internal affairs bodies with simultaneous release from his duties in the position to be replaced or without it.
The assignment to an employee of the internal affairs bodies of temporary performance of duties in accordance with this article and his release in connection with this from the performance of duties in a substituted position of an ordinary, junior, middle or senior commanding staff are carried out by order of an authorized head, except for the case when the performance of duties of a direct the head (chief) during his absence is provided for by the official regulations (job description) of the employee.
Monetary allowance to an employee of the internal affairs bodies, temporarily acting on a position in the internal affairs bodies in accordance with this article, is paid in the manner prescribed by part 22 of article 2 of the Law "On Social Guarantees"
In addition, in connection with official necessity, by decision of the authorized head, an employee of the internal affairs bodies may, without dismissal from the occupied position in the internal affairs bodies and his consent, be involved in the performance of duties in another position not provided for by the job regulations (job description), for a period of up to one months during a calendar year with the payment of an official salary not lower than for the position being occupied.
On the basis of clause 64 of the Procedure, an employee who is duly entrusted with the temporary performance of duties in another position is paid monetary allowance based on the official salary for the temporarily occupied position, but not less than the official salary for the main position, taking into account additional payments established for him in the main position. positions in the following cases:
- imposing duties on a higher position on an employee with his simultaneous release from performing duties on a substituted position or without it;
- attraction of an employee to the performance of duties in a different position, without dismissal from the position being replaced.
The official salary in these cases is established by the order of the head.
For the period of combining duties in another position within the same division, employees are given an additional payment.
In accordance with paragraph 67 of the Procedure, the amount of the additional payment is determined by the order of the head, depending on the volume and content of duties for a combined position assigned to a particular employee. The total amount of additional payment for combining duties during a full calendar month cannot exceed the monthly salary in accordance with the combined position, including when two or more employees combine duties.
On January 1, 2012, a law came into force introducing a new system of monetary allowance for police officers.
In this regard, the procedure for providing the specified allowances has been revised.
The latter consists of an official salary and a special rank salary, which form a monetary salary, as well as monthly and other additional payments.
Monetary allowance is paid on the basis of the order of the head of the body (departmental institution) on the appointment of an employee to a position, placing him at the disposal or secondment, leaving him in the staff of the Ministry of Internal Affairs of Russia.
Monetary allowance for the current month is transferred 1 time in the period from the 20th to the 25th. It can be paid in advance when an employee leaves for a business trip, vacation, or to a new duty station.
There are monthly bonuses for work experience (length of service), qualification rank, special conditions of service, risk, for working with state secrets, ciphers, etc.
Monthly bonuses have been established for conscientious performance of official duties and one-time bonuses for the successful completion of particularly complex and important tasks.
Additional payments are also due for work in areas with adverse climatic or environmental conditions.
Separately, the issues of monetary allowance for doctoral students, adjuncts, students and cadets are regulated, during vacations and being at disposal, when combining duties, upon dismissal from the Department of Internal Affairs and in the event of the death of an employee, for part-time work. The procedure for remuneration of interns and the provision of material assistance is regulated.
Normative acts that previously regulated the issues of monetary allowance for police officers were declared invalid.
Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65 "On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation"
Registration N 28315
This Order shall enter into force 10 days after the date of its official publication.
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Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65
"On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation"
With changes and additions from:
In accordance with the Federal Law of July 19, 2011 N 247-FZ "On social guarantees for employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" * - I order:
Approve:
2. Heads of departments of the central office of the Ministry of Internal Affairs of Russia**, territorial bodies of the Ministry of Internal Affairs of Russia, educational, scientific, medical and sanitary and sanatorium organizations of the system of the Ministry of Internal Affairs of Russia, district departments of logistics of the system of the Ministry of Internal Affairs of Russia, as well as other organizations and divisions created in order to fulfill the tasks and exercise the powers vested in the internal affairs bodies of the Russian Federation, organize the payment of monetary allowances to employees of the internal affairs bodies of the Russian Federation in accordance with this order.
Control over the implementation of this order shall be entrusted to the Deputy Ministers responsible for the activities of the relevant departments.
______________________________
* Collection of Legislation of the Russian Federation, 2011, N 30, Art. 4595; No. 46, Art. 6407; No. 49, art. 7020; 2012, N 53, Art. 7608; 2013, N 27, art. 3477; No. 48, art. 6165; 2014, N 22, art. 2770; No. 23, art. 2929; No. 45, Art. 6152; 2015, N 48, art. 6681.
** With the exception of the High Command of the Internal Troops of the Ministry of Internal Affairs of Russia.
Registration N 28315
validEdition dated 31.01.2013 detailed information
| Document name | ORDER of the Ministry of Internal Affairs of the Russian Federation of January 31, 2013 N 65 "ON APPROVAL OF THE PROCEDURE FOR PROVIDING MONEY ALLOWANCE FOR EMPLOYEES OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION" |
| Document type | order, order |
| Host body | Ministry of Internal Affairs of the Russian Federation |
| Document Number | 65 |
| Acceptance date | 28.05.2013 |
| Revision date | 31.01.2013 |
| Registration number in the Ministry of Justice | 28315 |
| Date of registration in the Ministry of Justice | 06.05.2013 |
| Status | valid |
| Publication |
|
| Navigator | Notes |
In accordance with the Federal Law of July 19, 2011 N 247-FZ "On social guarantees for employees of internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation"<1>I order:
<1>Collection of Legislation of the Russian Federation, 2011, N 30, Art. 4595; No. 46, Art. 6407; No. 49, art. 7020; 2012, N 53, Art. 7608.
Approve:
1.1. The procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation (Appendix N 1).
1.2. List of normative legal acts of the Ministry of Internal Affairs of Russia and separate prescriptions of normative legal acts of the Ministry of Internal Affairs of Russia, recognized as invalid (Appendix No. 2).
2. Heads of departments of the central office of the Ministry of Internal Affairs of Russia<1>, territorial bodies of the Ministry of Internal Affairs of Russia, educational institutions, research, medical and sanitary and sanatorium organizations of the system of the Ministry of Internal Affairs of Russia, district departments of logistics of the system of the Ministry of Internal Affairs of Russia, as well as other organizations and divisions created to perform tasks and exercise powers, assigned to the internal affairs bodies of the Russian Federation, organize the payment of monetary allowances to employees of the internal affairs bodies of the Russian Federation in accordance with this order.
<1>With the exception of the High Command of the Internal Troops of the Ministry of Internal Affairs of Russia.
ON THE APPROVAL OF THE PROCEDURE FOR PROVIDING MONEY ALLOWANCES TO THE BODIES OF THE INTERNAL AFFAIRS EMPLOYEES OF THE RUSSIAN FEDERATION
In accordance with the Federal Law of July 19, 2011 N 247-FZ "On guarantees for social employees of the internal affairs bodies of the Federation of the Russian Federation and amendments to certain legislative acts of the Russian Federation"<1>I order:
<1>Collection of Legislation of the Russian Federation, 2011, N 30, Art. 4595; No. 46, Art. 6407; No. 49, art. 7020; 7608, No. 53, art. 2012.
1. Approve:
1.1. The procedure for providing monetary employees with the allowance of the internal affairs bodies of the Russian appendix (Federation N 1).
1.2. The list of normative legal acts of the Russian Ministry of Internal Affairs and separate prescriptions of normative legal acts of the Ministry of Internal Affairs of Russia, recognized as invalid (To Heads No. 2).
2. application of the territorial units of the central apparatus of the Ministry of Internal Affairs<1>, Russian bodies of the Ministry of Internal Affairs of Russia, educational scientific, research institutions, medical and sanitary and sanatorium organizations of the resort system of the Ministry of Internal Affairs of Russia, district material departments and technical supply of the system of the Ministry of Internal Affairs as well, and Russia of other organizations and divisions created for the fulfillment of tasks and the exercise of powers, assigned to the internal affairs bodies of the Russian Federation, organize the payment of allowances to the internal affairs bodies of the Russian Federation in accordance with this order.
<1>With the main exception of the command of the internal troops of the Ministry of Internal Affairs Control.
3. To entrust Russia with the implementation of this order to the Minister, Deputy Major General of Police A.A. Gostev.
Police Lieutenant Minister
V. KOLOKOLTSEV
Appendix No. 1
to the Ministry of Internal Affairs order of Russia
dated 31.01.2013 N 65
MAINTENANCE OF THE EMPLOYEES OF THE AUTHORITIES
OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
I. General provisions
1. Monetary allowance of the bodies of employees of the internal affairs of the Russian Federation<1>of an official consists of a salary and a salary for a special rank, which make up the salary of a monetary allowance, monthly and additional other payments<2>.
<2>Federal Law of July 19, 2011 N 247-FZ "On social guarantees of bodies for employees of internal affairs of the Russian Federation and amendments to certain legislative acts of the Russian Assembly" (Federation of Legislation of the Russian Federation, 2011, N 30, art. 6407; N 46, 4595; N 49, item 7020; 2012, N 53, item 7608). Next - "Federal Law" On Social Guarantees ".
2. The basis for the monetary payment of allowances is the order of the head of the main, department of management, department of the Ministry of Internal Affairs of Russia, the central National Bureau of Interpol, the territorial body of Russia of the Ministry of Internal Affairs, an educational institution (including the Suvorov military school, college, lyceum), scientific and medical, research - sanitary and sanatorium-resort organization of the Ministry of Internal Affairs of the system of Russia, the district department of material supply of the technical system of the Ministry of Internal Affairs of Russia, organizations of physical culture, culture and sports organizations, editorial offices of electronic and printed publications, printing houses and other organizations and subdivisions, for the created tasks and exercise of authority, bodies on the assigned internal affairs of the Russian Federation,<1>o position on appointment, placement at the disposal, secondment to the federal state authority, other state body of the organization to or with the remaining in the personnel of the Ministry of Internal Affairs of Russia.
3. Official salaries and additional payments are established for employees and changed by order of the head, indicating the specific and grounds for the size for each employee and the date from which they are paid, determined by this order, and if not the date is determined, then from the date of its signing.
4. Payment of allowances in cash for the current month is made one period in time from the 20th to the 25th day.
5. Payment of monetary allowance for the period specified earlier in paragraph 4 of this Procedure to the Employee:
5.1. allowed, departing on vacation - for the current and the next later, not months three days before departure, excluding weekends and non-working holidays.
5.2. An employee new to a departing duty station.
5.3. An employee sent on a business trip - for the current month, if during the period of monetary allowance for the current month he cannot permanently arrive at the duty station.
6. An employee who arrives at a new place of service is paid a monetary allowance from the next day after the day of providing monetary allowance at the place of the previous service.
7. In the event of payment of monetary incomplete allowances for a month, its amount for each calendar day is determined by dividing the monetary full monthly allowances by the number of calendar days in the given month.
8. When an employee fulfills official conditions for part-time duties, the amount of monetary allowance is determined in proportion to the established duration of official time.<1>.
<1>Labor Code of the Russian Federation, Collection 93 (Article of the Legislation of the Russian Federation, 2002, N 1, Art. 3; N 30, Art. 3033, Art. 3014; 2003, N 27, Art. 2700; 2004, N 18, Art. 1690 ; N 35, item 2005; 3607, N 1, item 27; N 19, item 1752; 2006, N 27, item 2878; N 52, item 5498; 1930, N 1, item 34; N 17, item 2007; N 30, item 3808; N 41, item 4844; N 43, item 5084; N 49, item 6070; 812, N 9, item 2008; N 30, item 3613; N 30, item 3616; N 52, item 6235, item 6236; 2270, N 1, item 17, item 21; N 19, item 2009; N 29, item 3604; N 30, item 3732, item 3739; N 46, item 5419; N 48, item 2010; 5717, N 31, item 4196; N 52, item 7002; 2011, N 1, item 49; N 25, item 3539; N 27, item 4586; N 30, item 3880, item 4590, item 4591, item 4596; N 45, item 6333, item 6730; N 48, item 6335, item 6735; N 49, item 7015, item 7031; N 50, item 7359; 1164, N 10, item 2012; N 14, item 1553; N 18, item 2127). Further - "Labor Employee".
9. Code, illegally transferred to a lower position, to the position of the order of the head, the short-received monetary allowance is paid for the position he previously occupied in the internal affairs bodies for the entire period up to the day of his position in restoration, inclusive.
II. Official salaries and salaries for special ranks
10. Official salaries for standard positions and special salary ranks are paid in the amounts established by the Russian Government of the Federation<1>.
<1>Established by Decree of the Government of the Russian Federation of November 3, 2011 N 878 "On the establishment of monthly salaries of the monetary maintenance of employees of the internal affairs bodies of the Russian Federation" (Collected Legislation of the Russian Federation, 2011, N 46, art. 6504; 2012, N 12, art. 1410 ). resolution - "Further by the Government of the Russian Federation of November 3, 878 N 2011".
11. Salaries for non-standard positions are paid in the established amounts in relation to the salaries for standard federal<1>.
<1>positions, the law "On Social Guarantees", part 4 to the Employee 2.
12. of the article, transferred to a lower position in the internal affairs bodies, the official salary is retained in the amount of the last one for the established position, which he occupied before being appointed to the lower position, if the transfer was made according to the following Federal<1>:
<1>grounds of the law of November 30, 2011 N 342-FZ "On bodies in the internal affairs service of the Russian Federation and amendments to certain legislative acts of the Russian article", Federation 30 (Collected Legislation of the Russian Federation, 7020, N 49, art. 2011; 2012 , N 50, item 6954). Further - "Federal service" About the law in law-enforcement bodies ".
12.1. According to the state of health with the conclusion of the military medical commission.
12.2. In the reduction due to the position being replaced by the employee.
12.3. In connection with the reinstatement of the employee in the position that he occupied earlier, in the event that this position is replaced by another one and the employee has an equivalent position.
13. The payment of the saved salary of an official is made until the employee receives the right to a higher official salary due to an increase in the prescribed manner or an employee is appointed to a position in the internal affairs bodies with a higher higher salary<1>.
<1>Federal Law "On Bodies in the Internal Affairs Service", Part 8 of Article 30.
Monthly. III additional payments
14. Monthly allowance to the monetary salary of the maintenance for the length of service (length of service is established) years as a percentage in the following amounts for the length of service (length of service)<1>:
<1>Federal law "On the social part", guarantees 7 articles 2.
1) from 2 to 5 years - 10;
2) from 5 to 10 years - 15;
3) from 10 to 15 years - 20;
4) from 15 to 20 years - 25;
5) from 20 to 25 years - 30;
6) 25 years and more - 40.
15. The order of the head on the monthly establishment of an allowance to the salary of the monetary content for the services of service (length of service) is issued in accordance with the conclusion of the commission<1>.
<1>Order of the Ministry of Internal Affairs of Russia dated April 26, 283 N 2003 "On the procedure for organizing work on the calculation of years of service for assigning a percentage allowance for years of service to the salary of employees of the internal affairs bodies of the Russian Federation" (registered in Russia by the Ministry of Justice on May 19, 2003, registration N taking into account), with 4560 changes made by orders of the Ministry of Internal Affairs of April dated 8 Russia, 2005 N 250 (registered with the Ministry of Justice of Russia on May 6, 2005, registration N 6586), dated November 15, 2005 N 925 (registered with the Ministry of Justice of Russia on December 12, 2005 year, registration N 7261).
16. The length of service (years of service) for the payment of a monthly salary to the cash allowance for the length of service (years of service) is determined in the manner established by the Government of the Federation of the Russian Federation<1>.
<1>The rules for calculating the length of service (years of service) for the payment of a monthly allowance to the monthly salary for the length of service (years of service) for employees of the internal affairs bodies of the Russian Federation were approved by Decree of the Government of the Russian Federation of December 27, 2011 N 1158 (Collected Legislation of the Russian Federation, 2012 , N 1, item 188; N 25, item 3383).
17. Monthly salary increment for an official for a qualifying rank<1>is set as a percentage of the salary of the official<2>in the following sizes:
<1>Order of the Russian Ministry of Internal Affairs dated January 10, 2012 N 1 "On approval of the Instruction on the assignment of qualification ranks to employees of internal affairs bodies of the Russian Federation" (registered with the Ministry of Justice on February 28, 2012, registration N 23353).
<2>Federal Law "On Social Guarantees", Part 9 of Article 2.
1) for the title of qualification specialist of the third class - 5;
2) for a qualifying specialist, the title of the second class - 10;
3) for the qualification title of the first class specialist - 20;
4) for the qualification title of master (highest qualification title) - 30.
18. Monthly bonus to the official special salary conditions of service<1>established in the amount of up to 100 percent of the official salary<2>in accordance with the List of Special Service Conditions for Employees of the Internal Affairs Bodies of the Russian Federation and the Limits on the Monthly Official Salary for Special Conditions of Service approved by the Government of the Russian Federation<3>.
<2>Federal Law "On Social Guarantees", Article 10 Part 2.
<3>Decree of the Government of the Russian Federation of December 8, 2011, N 1021 "On the monthly bonus to the official, special salary conditions for employees of the internal affairs bodies of the Russian Federation" (Collected Legislation of the Russian Federation, 2011, N 51, Art. 7532). Further - "List of conditions of special service".
19. If an employee is entitled to allowances for special conditions for several reasons in accordance with the List of special conditions of service, then these allowances are summed up. The total amount of special conditions for allowances cannot exceed 100 official percent of the employee's salary.
20. The list of positions for employees whose replacement is paid an allowance for special service conditions, and the amount of allowances for these positions in relation to the functions and tasks performed by the relevant employees of which employees serve in the units, are established by the Ministry of Internal Affairs by Order of Russia dated December 19, 2011 N 1259 "On the List of Approval of the Positions of Employees of the Internal Affairs Bodies of the Russian Federation, upon Substitution of which a Monthly Bonus is Paid for Special Conditions of Service, and Size Bonuses for These Positions" (registered with the Ministry of Justice on January 13, 2012, registration N 22904), as amended by by orders of the Ministry of Internal Affairs of Russia dated April 2, 2012 N 301 (registered with the Ministry of Justice of Russia on June 7, 2012, registration N 24493), dated June 25, 625 N 2012 (registered with the Ministry of Justice of Russia on August 3, 2012, registration N 25101) and dated October 16, 2012 N registered (943 in the Ministry of Justice of Russia on December 11, 2012 registration, year N 26080).
21. An employee admitted to a state permanent job on a secret basis is paid a monthly bonus to the salary of an official for work with information amounting to the state size.<1>, in secret up to 65 percent<2>, depending on the degree of secrecy to which he has access to information.
<2>Federal Law "On Social Guarantees", Part 11 of Article 2.
22. Incentive payments for special achievements in the service<1>are established in a certain order by order of the Ministry of Internal Affairs of Russia<2>.
<1>Federal social "On the law of guarantees", part 13 of article 2.
<2>Order of the Russian Ministry of Internal Affairs of December 19, 2011 N 1258 "On approval of the establishment of the Procedure for incentive payments for special achievements in employees of the internal affairs bodies of the Russian Federation Registered" (of the Federation in the Ministry of Justice of Russia on January 13, 2012 registration, year N 22902), subject to changes made Ministry of Internal Affairs by orders of Russia of April 2, 2012 N 301 (Ministry of Justice registered in Russia on June 7, 2012, 24493 N registration), dated June 25, 2012 N 625 (registered in Russia by the Ministry of Justice on August 3, 2012, registration N Surcharge).
23. 25101 to the official salary for the performance of tasks associated with a danger to life and health in peacetime<1>, is paid in the amount of up to 100 percent of the salary of an official in the manner determined by the Government of the Russian Federal<2>.
<1>Federation Law "On Social Guarantees", part 14 Further 2. articles - "risk premium".
<2>Decree of the Government of the Russian Federation of December 24, 2011 N 1122 "On additional payments to military personnel undergoing military service under a contract, bodies to employees of the internal affairs of the Russian Federation, bodies and institutions of the penitentiary system for performing related tasks with risk (increased danger) for health and life in peacetime" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2012, N 1, art. 162).
24. The risk premium is paid in accordance with the list of positions and in the amounts determined by the Ministry of Internal Affairs by order of Russia<1>.
<1>The list of positions of employees of the internal affairs bodies of the Russian Federation, in which the replacement is paid an allowance to the official salary for tasks related to an increased danger to health and life in peacetime, approved by order of the Russian Ministry of Internal Affairs dated February 20, 2012 N 106 (registered in the Russian Ministry of Justice April 10, 2012, registration No.), with 23783 changes introduced by orders of the Ministry of Internal Affairs of June 25 of Russia, 2012 N 625 (registered with the Ministry of Justice of August 3 of Russia, 2012, registration N 25101), dated October 16, 2012 N 943 ( registered with the Ministry of Justice of Russia on December 11, 2012, registration N 26080) and on December 3, 1069 N 2012 (registered with the Ministry of Justice of Russia on February 27, 2013, registration N 27363).
IV. Awards for conscientious performance of duties
25. Employees are paid bonuses for conscientious performance of official duties at the rate of three monetary salaries per year<1>.
<1>Federal Law "On Social Guarantees", part 12 of article 2. Further in this award - "section".
26. The bonus is paid monthly at the rate of five twenty percent of the salary of the monetary content, to the employee established on the first day of the month for which the payment is made.
27. The bonus is paid in proportion to the time the employee performs official duties in the corresponding calendar calculation.
28. In a month, the period for the payment of the bonus time includes training, holidays with the preservation of monetary exemption, allowance from the performance of official duties due to temporary disability.
29. The amount of the premium for each calendar service day is determined by dividing the total monthly amount for the premium, determined in accordance with paragraph 26 of this number, by the order of calendar days in this month.
30. Enrolled, Employees at the disposal, bonuses may be paid on the basis of the order of the head, taking into account the actual volume of official duties performed by them within the limits of five twenty percent of the salary.
31. On the basis of an order based on the head, the bonus is not paid to employees temporarily suspended from duty<1>.
<1>Federal Service "On the Law in the Internal Affairs Bodies", Article 73.
32. On the basis of an order based on the head, employees who have a strict disciplinary "reprimand", "warning of incomplete official transfer", "correspondence to a lower position in the internal authorities", cases are not paid within one month from bringing their day to disciplinary responsibility.
33. Employees dismissed from the bodies to the internal affairs services, the bonus on the basis of the head of the order is not paid in the month of dismissal, if the dismissal was made for the following reasons:
33.1. Gross violation of discipline by an employee.
33.2. Repeated violation of official discipline by an employee if he has a disciplinary imposed, penalty in writing by order of the head of the federal executive body in the field of internal affairs or an authorized head.
33.3. Refusal of an employee from a lower position for transfer in the internal affairs bodies in the execution of a disciplinary sanction.
33.4. Violation of the terms of the contract by the employee.
33.5. Non-compliance by an employee with restrictions and prohibitions established by federal laws.
33.6. Loss of trust.
33.7. Submission of documents forged by an employee or knowingly false when entering the service in the internal affairs bodies as well, and cases of submission by an employee during the period of passage of false documents to the internal affairs services by an employee knowingly or false information confirming its compliance with the legislation of the Russian Federation in terms of conditions relating to the replacement of the corresponding positions in internal affairs bodies, if this does not entail criminal liability.
33.8. Conviction of an employee for a crime, as well as in relation to the termination of an employee of criminal prosecution due to the statute of limitations, in connection with the reconciliation of the parties, due to an amnesty for an act, in connection with active repentance.
33.9. Committing a discrediting, misdemeanor honor of an employee of the internal organs Violation.
33.10. cases by an employee of mandatory rules when concluding a contract.
34. Within the limits of the funds provided for the payment of monetary allowances, employees who successfully perform particularly important and complex tasks may be additionally paid one-time bonuses.
35. The decision on the payment of a one-time bonus, paragraph 34 of this Procedure provided for, is drawn up by order in relation.
36. For the head of the heads of departments and their deputies, the decision on a one-time payment of the bonus is made by the higher head.
37. number of Employees of cadets and students of educational institutions of the Russian Ministry of Internal Affairs (except for the positions of deputy platoon commanders, squad commanders, as well as students of the Academy of the Ministry of Internal Affairs of Russia), the bonus is paid depending on the results of the past intermediate or state final certification, training or pre-diploma following in a month practice sizes (as a percentage of the salary in cash with) content available:
1) marks "excellent" or excellent "marks" and "good" - 25;
2) ratings "good" - 20;
3) ratings "satisfactory" and "excellent", or ratings "good" and "satisfactory", ratings or "excellent", "good" and "satisfactory" - 15;
4) assessments "assessments" - 10;
5) satisfactory "unsatisfactory" or "not passed" marks, which were retaken for a grade not lower than "satisfactory" or "mark" passed - 5.
38. Employees from among the cadets of the first educational courses of institutions of the Ministry of Internal Affairs of Russia in the period from the beginning of the year until the end of the first intermediate certification premium are paid at the rate of twenty-five salaries from the percentage of the salary.
39. The order of the head on the payment of bonuses to employees from among the cadets and students (substituting, in addition to the position of deputy commanders of platoons, squad commanders, as well as students of the Academy of Management of Russia of the Ministry of Internal Affairs) is issued twice a year based on the results of the intermediate or final state educational, certification or pre-diploma practice (with a personal list, indicating the amount of the award), taking into account the present 31 - 32 points of the Procedure.
V. Regional coefficients, coefficients for high-mountain regions for service, in desert and waterless areas, interest allowances for service in regions of the Far North, them to equated areas and other areas with unfavorable or climatic environmental conditions, including monetary
40. To the remote satisfaction of employees serving in the Far North, areas equated to them and other areas with adverse climatic or environmental conditions, including remote conditions, coefficients are established (service, for district in high mountain areas, for service in desert and areas anhydrous) and interest surcharges provided for by the legislation of the Federation of the Russian<1>.
<1>Federal Law "On Social Guarantees", Article 15 Part 2. Further - "coefficients and percentage surcharges".
41. application
1) official salary;
2) salary according to a special rank;
3) a monthly bonus to the salary of the seniority for the maintenance of the service (length of service);
4) a monthly salary increase for an official for a qualifying rank;
5) a monthly salary bonus for an official for special conditions of service;
6) monthly bonus to the official salary for work with information constituting a state secret<1>.
<1>Federal law "On the social part", guarantees 15 article 2.
42. Coefficients and percentage allowances are paid (applied) in accordance with the Rules for the application of coefficients (military, for district service (service) in highland areas, for military service (service) in desert and waterless areas) and percentage allowances for the monetary allowance of military personnel passing military service under the contract, and employees of the internal affairs bodies of the Russian Federation, institutions and bodies of the penal system of the executive, performing military service (service) in the Far North, areas equated to them, and others in areas with adverse climatic or environmental conditions, in including remote areas, high mountain areas, desert and arid areas<1>.
<1>Approved by the Government by Decree of the Russian Federation dated December 30, 2011 N in size "On 1237 coefficients and percentage allowances and their procedure for applying the calculation of the monetary allowance of military personnel serving under a contract, and employees of certain federal executive bodies undergoing military service (service) in the regions of the Far North and equivalent areas, as well as in other areas with adverse or climatic environmental conditions, including areas in remote, high-mountainous areas, desert and waterless Collection "(localities of the legislation of the Russian Federation, 2012, N 3, art. 1410 ; N 12, item 436; N 36, item 4915). Further - "Decree of the Government of the Russian Federation of December 30, 2011 N 1237".
43. The size of the percentage and coefficients of allowances are determined by the Government of the Russian Federation Defined<1>.
<1>Federation by Decree of the Government of the Russian Federation of December 30, 2011 N 1237.
VI. Other additional payments
44. Employees who have a higher legal education and replace the main ones, whose official duties include legal examination of legal acts and draft legal acts, preparation and editing of draft legal approvals and their acts as a lawyer or executor, a monthly allowance is paid in the amount of up to 50 percent job dependency<1>in the salary of the volume and complexity of the examinations of legal legal acts and projects of legal work carried out by employees, acts for the preparation and editing of legal drafts. acts, the allowance is established:
<1>Decree of the President of the Russian Federation of May 8, 2001 N 528 "On certain strengthening by measures of the legal services of state bodies" (legislation Sobranie Rossiyskoy Federatsii, 2001, N 20, art. 2000). legal - "Further surcharge."
44.1. Employees filling the positions of Deputy First (Deputy) Minister of Internal Affairs of the Russian Federation, Secretary of State - Deputy Minister of Internal Affairs of the Russian Federation, Deputy Minister - Investigative Head of the Department of the Ministry of Internal Affairs of Russia, having a higher legal education - Minister of Internal Affairs of the Russian Federation.
44.2. Employees replacing the positions of heads of main departments of departments (departments) of the Ministry of Internal Affairs of Russia, deputy first (deputy) heads of departments, main departments (departments) of the Ministry of Internal Affairs of Russia, except for those specified in this subparagraph 44.3 of the paragraph, who are responsible for the legal implementation of work and have higher legal by the Minister, - the formation of the internal affairs of the Russian Federation on the deputy proposal of the Minister of Internal Affairs of the Russian Federation which, the Federation is entrusted with responsibility for the activities of the indicated agreed units with the Secretary of State - Deputy Minister of Internal Affairs of the Russian Federation.
44.3. Employees replacing the head of the position of a department, department of the Ministry of Internal Affairs of Russia, deputy first (deputy) head of a department, department of Russia of the Ministry of Internal Affairs, responsibility for whose activities is assigned to the Secretary of State - Deputy Minister of Internal Affairs of the Russian Federation - by the Minister of Internal Affairs of the Russian Federation of State Secretary - Deputy Minister of Internal Affairs of the Russian Federation.
44.4. Employees of subdivisions of the apparatus of the central Ministry of Internal Affairs of Russia, as well as subdivisions and institutions whose activities are carried out by subdivisions of the apparatus of the central Ministry of Internal Affairs of Russia, - Secretary of State - Minister of the Deputy Internal Affairs of the Russian Federation on the recommendation of the heads of the relevant subdivisions and institutions.
44.5. Employees of the bodies of the territorial Ministry of Internal Affairs of Russia at the district, interregional and regional levels, institutions and organizations of the Ministry of Internal Affairs system by the heads of the relevant territorial bodies of the Ministry of Internal Affairs of the district in Russia, interregional and regional levels, institutions and organizations of the Ministry of Internal Affairs of Russia.
44.6. Employees of departments (Ministry of Internal Affairs) of departments of Russia for regions, cities and other municipal formations, including several municipal departments, formations of the Ministry of Internal Affairs of Russia at the Baikonur complex - ministers of the relevant internal affairs for the republics, heads of departments of the main departments, departments of the Ministry of Internal Affairs of Russia for other Russian subjects of the Federation, on the proposal of the heads of legal ministries of departments of internal affairs in the republics, main departments, departments of the Ministry of Internal Affairs of Russia for other subjects of the Russian Federation.
44.7. Employees of departments, departments of the Ministry of Internal Affairs of administrative-territorial formations closed in Russia, at especially sensitive and important facilities, linear departments of the Ministry of Internal Affairs of the railway in Russia, water and air transport - heads of departments, departments of the Ministry of Internal Affairs of Russia for closed administrative-territorial formations, at especially important and sensitive objects, departments of the linear Ministry of Internal Affairs of Russia on railway, water and air transport.
45. Monthly percentage bonus to seniority for the salary of service in structural units for the protection of state secrets<1>established and paid:
<1>Decree of the Government of the Russian Federation of September 18, 2006 N 573 "On the provision of guarantees to social citizens admitted to state secrets on a permanent basis, and employees of structural units for the protection of state secrets" (Collected Legislation of the Russian Federation, 4083, N 39, art. 2006 ; 2008, N 23, item 2727; 2012, N 12, item 1410).
45.1. Taking into account the documented length of service (military work, service) in the indicated units, regardless of which state authority (organ of a local enterprise, self-government, organization, military unit) the employee served in the military (service, worked).
45.2. In accordance with the list of approved positions<1>.
<1>Approved by the order of the Ministry of Internal Affairs of June 13 of Russia, 2007 N 519 "On approval of the Instruction on the monthly payment of percentage bonuses to the official salary (tariff rate) of employees, federal state civil workers and employees of the internal affairs bodies of the Russian Federation admitted to state secrets" (registered in Ministry of Justice of Russia on July 12, 2007, registration N 9825), as amended by orders of the Ministry of Internal Affairs of Russia dated November 21, 2007 N 1110 (registered in the Ministry of Justice of Russia on December 6, 2007, registration N 10632), dated December 14, 960 N 2009 (registered with the Ministry of Justice of Russia on February 12, 2010, registration N 16404) and dated August 14, 2012 N registered (787 in the Ministry of Justice of Russia on August 27, 2012 registration, year N 25284).
45.3. As a percentage of the official salary in the following amounts for the length of service:
1) from 1 to 5 years - 10;
2) from 5 to 10 years - 15;
3) from 10 years and above - 20.
45.4. On the basis of an order indicating from the head of the length of service in the structural divisions for state protection of secrets.
46. To employees who replace the positions of the encryption service employees, or who work with ciphers in the structural bodies of internal affairs units, who are involved either for this work by decision of the departments of managers on the basis of the lists of employees of the positions of the encryption service approved by them, as well as the managerial, educational and teaching-auxiliary the composition of training courses, advanced training and retraining of the qualifications of employees of encryption services, work for those employed with ciphers, is paid a monthly percentage of encryption work for a bonus:
46.1. As a percentage of the official salary in general, depending on the length of service in encryption work in the following networks:
in encrypted communication sizes: 1st class 2nd class
up to 3 years 15 5
from 3 to 6 years 20 10
from 6 years and above 30 20.
46.2. Taking into account the general ciphering work experience, which includes the time in ciphers from work in the cipher service of state bodies of the Russian Federation, state authorities of the Russian Federation subjects, institutions and organizations, regardless of their legal and organizational form.
46.3. Based on the order of the head with a general indication of the length of service in encryption work.
47. Employees are paid a one-time incentive in the following amounts (in salaries of the maintenance of money)<1>:
<1>Decree of the President of the Russian Federation of July 25, 2006 N 765 "On the one-time encouragement of persons performing federal public service" (Collected Legislation of the Russian Federation, 2006, N 31, Art. 3461; 2009, N 14, Art. 1630; 4643, N 37, item 2010; 2011, N 4, item 572; 2012, N 6, item 642). Decree - "Further by the President of the Russian Federation of July 25, 765 N 2006".
47.1. With the encouragement of the Government of the Russian Prix - 1.
47.2. Federation encouragement by the President of the Russian Federation - 2.
47.3. assignment With honorary titles of the Russian Federation and awarding distinctions of the Russian Federation - 3.
47.4. When awarding orders and medals of the Russian Federation (with the exception of Prize) - 5.
47.5. jubilee awarding with a sign of special distinction - Gold "Star medal" - 10.
VII. Monetary allowance of adjuncts, doctoral students, students, cadets
48. Employees enrolled in institutions of educational vocational education of the system of the Ministry of Internal Affairs positions in Russia of students or cadets for full-time training in the form of training, as well as in full-time postgraduate doctoral studies or educational institutions of higher professional scientific and educational research organizations of the system of the Ministry of Internal Affairs positions in Russia of adjuncts and doctoral students, monetary allowance in accordance with paragraph 1 of this Procedure.
49. Official salaries are set in the following amounts:
49.1. For trainees and cadets, training at the rate accepted from among the ordinary and commanding persons - as part of the salaries for the positions they fill before training for admission<1>.
<1>Section II of Appendix N 1 to the Decree of the Government of the Russian Federation of November 3, 2011 N 878.
49.2. For cadets, training for those who were accepted from among citizens who did not serve, - in the official salary rate for the standard position "Cadet of the educational institution of the Ministry of Internal Affairs of the Russian Federation for the (Federation of employees of internal affairs bodies from among citizens who did not serve before entering training)", Government established by the Russian Federation<1>.
<1>Section II of Appendix No. 1 to the Government Decree of the Russian Federation of November 3, 2011 No. Cadets.
49.3. 878 educational institutions of the higher professional education system of the Ministry of Internal Affairs of Russia from the date of awarding the title of a special middle commanding staff, as well as enrolled employees in full-time postgraduate studies of educational institutions of higher professional education and research organizations of the Ministry of Internal Affairs of the Russian system to the positions of adjuncts directly upon graduation from institutions of higher professional education Ministry of Internal Affairs of the Russian system, - in relation to the size of the official standard salary of the position of a junior inspector in the center of the Russian subject of the Federation and a city with a population of over 100 thousand people, established by the Government of the Russian Section<1>.
<1>Federation II Appendix N 1 to the Decree of the Government of the Russian November of 3 Federation of 2011 N 878.
49.4. For doctoral students and adjuncts - in the official amount of the salary for the last position, occupied before studying for directions.
50. The official salaries of studying doctoral students and adjuncts should not exceed:
educational institutions of professional higher education of the system of the Ministry of Internal Affairs of Russia - the salary of the official head of the department;
research systems of organizations of the Ministry of Internal Affairs of Russia - the official salary of the corresponding head of the department.
50.2. In full-time adjuncture:
educational institutions of higher vocational education of the system of the Ministry of Internal Affairs official - Russian salary of the teacher of the department;
research organizations of the research system of the Ministry of Internal Affairs of Russia - official senior salary of a researcher.
51. For employees recommended for postgraduate admission immediately after graduating from educational institutions of vocational higher education of the system of the Ministry of Internal Affairs of Russia, at these graduation from institutions, monetary allowance is retained in the amounts paid upon graduation from an educational institution of the Russian system of the Ministry of Internal Affairs.
52. The payment of monetary allowance is made by educational institutions of higher professional education, which gave admission to the recommendation in the postgraduate course.
53. Employees who have graduated from the educational systems of the institutions of the Ministry of Internal Affairs of Russia and are sent to serve in the relevant units, the payment of monetary allowance for the time of connection on vacation with the end of the educational institution is carried out by educational institutions.
VIII. Payment of monetary allowance for the initial training time, obtaining additional professional staff
54. education, temporarily decreasing without exemption from initial training, professional retraining, advanced training, for the time of training, as well as for the time in the place to the way of study and back, the money received, allowance for the main position, taking into account those established at the permanent place service coefficients and percentage surcharges, in full.
55. In the event of an increase in the salaries of the monetary payment of the content of the monetary allowance to employees, it is made from the salary of the new monetary content from the moment of its Cash.
IX. establishing compensation for the performance of official duties established in excess of the normal length of service time, at night, on weekends and non-working holidays
56. him at the request of the Employee, set out in the report, according to official time records<1>and on the basis of the order of the head of the provision, instead of additional days of rest, monetary compensation may be paid for the performance of official duties established in excess of the normal length of service time, at night, on weekends and non-working holidays<2>.
<1>Ministry of Internal Affairs Order of Russia of October 19, 2012 N 961 "On the Procedure for Approving the Engagement of Employees of the Internal Affairs Bodies of the Russian Federation to the Performance of Official Duties in excess of the normal duration of service time, and at night at the same time, weekends and non-working holidays, days for employees of internal affairs bodies Federation of the Russian Additional Days of Rest" (Registered in the Russian Ministry of Justice on November 30, 2012, registration N Further).
<2>25988 in this section - "monetary compensation".
57. The head of the order indicates the number of days for which monetary compensation is paid.
58. The number of days for which monetary compensation is paid in the current year must not exceed the duration of overtime for work established by labor legislation.<1>.
<1>Labor Code, article 99.
59. The amount of monetary compensation is determined by multiplying the number of which, for days, monetary compensation is paid, by the daily monetary allowance.
60. The daily monetary allowance is determined by dividing by the sum of the salary of the monetary allowance and additional monthly payments as part of the monetary allowance of the month in which the payment is made for the employee by 29.4 (the number of average monthly calendar days)<1>.
61. On the basis of the order of the head, issued according to the results of the time of attracting employees to perform official duties at night, on weekends and non-working days, holidays according to the shift schedule within the normal working hours for the accounting period, compensation is paid to employees.
62. The compensation payment specified in this paragraph 61 of the Procedure is made for each hour of the conditions corresponding to work in the following amounts:
62.1. On non-working days, holidays - a single hourly rate.
62.2. At night percent - 20 hourly rate.
63. The hourly rate is determined by dividing the monthly salary for the employee in which the payment is made by the average monthly working number of hours in a given calendar year.
X. allowance Monetary allowance for temporary performance of duties in the position of another, for combining duties, for part-time work
64. who, in accordance with the established procedure, the Employee is assigned temporary duties to perform in another position, the monetary allowance is paid based on the official salary for the temporarily substituted less than, but not the position of the official salary for the main position, taking into account additional payments established to him in the main cases<1>, in the position:
<1>Federal Law "On Social Guarantees", Article 22 Part 2.
64.1. Imposing duties on a higher-ranking employee simultaneously with the position by relieving him of the duties of the position being replaced or without it<1>.
<1>Federal Service "On the Law in the Internal Affairs Bodies", Part 1 of Attraction 31.
64.2. articles of an employee to perform duties for another without, positions of release from a substituted position<1>.
<1>Federal Service "On the law in the internal affairs bodies", part 8 of the Official 31.
65. article salary in the cases specified in paragraph 64 of this Procedure, is established by order of the head.
66. For the period of duties of combining in another position within one employee<1>departments, an additional payment is established<2>.
<2>Decree of the Government of the Russian Federation of June 25, 2012 N 621 "On approval of the combination of the Regulations on duties in the service in the internal affairs bodies of the Russian Federation (Collected Legislation of the Russian 2012, Federation, N 27, Art. 3732). Further in this section -" payment additional".
67. The amount of additional payment is determined by the head of the order, depending on the scope and content of the duties of the combined position assigned to a particular employee.
68. The total additional amount of payment for combining duties during a full calendar month cannot exceed a monthly salary in accordance with the combined position, including combining duties by two or more employees.
69. work for Part-time payment is made:
in the positions of employees - in the manner prescribed by the legislation of the Russian Federation;
in positions based on - employees from the salary established for the position, replaced on a part-time basis, as well as all other additional payments provided for this position, except for the percentage of service for service allowances (length of service), in proportion to the time worked.
70. Payment of salaries for special ranks for part-time work is not made.
71. Bonuses for part-time workers are made from the official salary and in the manner determined by the position, on the terms of the substituted part-time job.
XI. The procedure for remuneration for interns
72. Interns are paid official salaries in accordance with the staffing schedule and compensation and incentive payments are made, provided for the civilian personnel of military institutions, units and subdivisions of the system of the Ministry of Internal Affairs of Russia<1>.
<1>Ministry of Internal Affairs Order of Russia of August 27, 2008 N 751 "On the implementation by measures of the Decree of the Government of the Russian Federation of August 5, 2008 N 583" (registered with the Ministry of Justice of Russia on October 8, 2008, registration N 12427), taking into account the changes made by orders Ministry of Internal Affairs of Russia dated December 10, 1081 N 2008 (registered with the Ministry of Justice of Russia on January 27, 2009, registration N 13176), dated July 6, 2009 N registered (512 in the Ministry of Justice of Russia on August 20, 2009 registration, year N 14580), dated 1 October 2010 N 702 (registered in the Ministry of Justice of Russia on October 25, 2010, registration N 18807), dated March 15, 2012 N 175 (registered in the Russian Ministry of Justice on April 27, 2012, registration N January) and dated January 15 23966 2013 N 18 (registered with the Ministry of Justice of Russia on February 15, 2013, registration N 27101). Further - "Ministry of Internal Affairs order of Russia dated August 27, 2008 N 751".
73. labor Payment for the trainee is made at the expense and within the limits provided, funds for monetary allowance for the relevant position XII.
employee. Payment of monetary allowance for the time
74. leave allowance for the time of basic, additional, vacation leave, leave for personal reasons, leave at the end of the connection of an educational institution of higher professional education of the Ministry of Internal Affairs of Russia, as well as other types of leave in case of leave, if their payment is provided for by the legislation of the Russian Federation, is paid in the amount established on the day to be substituted for the position of departure on vacation<1>.
<1>Federal Law "On Bodies in the Internal Affairs Service", Part 1 of Article 56.
75. In case of a change in the amount of monetary allowance during the period of an employee being on vacation, he is made a corresponding return on recalculation from vacation.
76. Monetary allowance is paid for holidays:
76.1. time provided to employees admitted to introductory postgraduate examinations (postgraduate studies) of educational institutions of higher professional education with state accreditation, or institutions of additional professional education, scientific organizations (institutions) licensed to conduct educational activities in the field of postgraduate professional education<1>.
76.2. Additional annual leave granted to employees studying in adjuncture (correspondence) in postgraduate form of study, as well as for the time to travel to postgraduate (postgraduate) and back.
76.3. provided, Vacations in accordance with the established procedure for employees to complete the dissertation for the degree of candidate or doctor of sciences.
77. Monetary allowance for the time paid for additional vacations provided to employees who have state accreditation in educational institutions of secondary and higher professional education in part-time and part-time (correspondence) forms of education:
77.1. To pass the intermediate certification.
77.2. For the preparation and defense of the final work of the qualification and (or) the delivery of the final state Employees.
78. Examinations studying in the postgraduate (postgraduate) course in the form of distance learning are paid for one service provided from a free day per week<1>in the amount of 50 percent of the monetary daily allowance.
<1>Federal Law of August 22, 125 N 1996-FZ "On Higher and Postgraduate Professional Education", Collection 19 (Article of the Legislation of the Russian Federation, 1996, N 35, Art. 2000; 4135, N 33, Art. 3348; 2002, N 26, item 2517; 2003, N 14, item 2888; N 28, item 1254; 2004, N 35, item 3607; 2005, N 17, item 1481; 3122, N 1, item 10; N 29, item 2006; N 30, item 3289; N 43, item 4413; 2007, N 1, item 21; N 2, item 360; N 7, item 1932; N 17, item 838; N 29, item 3484; N 44, item 5280; N 49, item 6068, item 6069, item 6074, item 6070; 2008, N 17, item 1757; N 29, item 3419; N 30, item 3616; N 52, item 6241, item 6236; 2009, N 7, item 786, item 787; N 29, item 3621; N 31, item 5419; N 46, item 3923 ; N 51, item 6158; N 52, item 6405; N 52, item 6409; 2010, N 19, item 4167; N 31, item 2291; N 46, item 5918; 2011, N 1, No. 38; No. 6, No. 793; No. 25, No. 3537; No. 30, No. 5636; No. 41, Art. 4590; No. 45, Art. 6320; No. 47, Art. 6608; No. 48, Art. 6727; N 49, item 7062; N 49, item Further). 7063 - "Federal Law "On Higher and Postgraduate Professional Education".
79. In the amount of 50 percent of the monetary allowance, but not the minimum below the amount of wages established by the Russian Federation legislation<1>, payment is made for service time from exemption in connection with the establishment of a reduced service period for weeks of 10 academic months before the start of the graduation project (work) or passing exams for government employees studying in state educational institutions of higher and secondary vocational correspondence education and full-time correspondence (evening) forms Federal.
<1>Law of June 19, 2000 N 82-FZ "On the Minimum Wage", Article 1 (Collected Legislation of the Russian Federation, 2000, N 26, Art. 2003; 4737, N 40, item 3818; 2004, N 35, item 3607; 2005, N 1, item 24; 1930, N 17, item 2007; 2008, N 26, item 3010; 2009, No. 30, article 3739; 3246, No. 23, article 2011; 2012, No. 50, article 6955).
80. Employees during pregnancy on leave and childbirth, in addition to benefits for pregnancy and childbirth, receive other additional payments, the right to which arose during this leave.
81. Financial leave for compensation is paid:
81.1. In cases of dismissal from the bodies of affairs of internal employees who did not use vacation, in the manner, paragraphs in the specified 100 - 105 of this Procedure.
81.2. parts Instead of the main vacation, exceeding 30 calendar days<1>.
<1>days of the law "On service in the bodies of the internal part", cases 7 of article 56. Further in this section - "Compensation".
82. compensation is paid on the basis of the report of the employee and the head of the order, which indicates the number of days to be compensated.
83. The amount of compensation is determined by the specified multiplication of the number of days by the daily allowance of the monetary employee.
84. For an employee serving in the Far North, other areas equated to them or areas with adverse climatic or environmental conditions, including remote ones, as well as in harmful conditions, replacing part of the vacation with monetary compensation as a rule is not allowed, with the exception of the case of his dismissal from service in the internal affairs bodies<1>.
<1>Federal Law "On Service in the Internal Affairs Bodies", Article 7 Part 56.
XIII. Payment of monetary allowance for the release of the employee's time from the performance of official duties due to temporary disability
85. In case of release of an employee from official duties due to temporary incapacity for work<1>he is paid monetary allowance for the entire period of temporary incapacity for work in the amount established by the day of release from official duties due to temporary incapacity for work.
86. An employee for a period of incapacity for work, after the end of parental leave until the age of three years, is paid the monetary allowance of the day following the day the end of this If.
87. vacation during the period of incapacity for work, the employee has an increase in the right to monetary allowance, then its payment in the newly established amounts is made from the day such a right arises.
XIV. Payment of monetary allowance for finding the time of the employee at the disposal
88. For an employee who is retained, a monetary allowance in the amount of the official last salary of the position to be occupied and a salary for a special one, as well as a monthly bonus to the salary of the seniority for the maintenance of the service (length of service)<1>.
<1>Federal social "On the law of guarantees", part 23 of article 2.
89. An employee who is at the disposal of the person who is and is performing duties on the last basis he replaces, in the position of the order of the head, is paid a full monetary allowance in the amount<1>.
<1>Federal law "On the social part", guarantees 23 articles 2.
90. An employee who is at the disposal and does not perform duties in the last occupied position, taking into account the volume of actual official duties performed by him, in addition to the payments indicated in paragraph 89 of this Procedure, by decision of the head, the following additional Federal<1>:
<1>payments Law "On Social Guarantees", part 23 monthly 2.
articles allowance to the official salary for qualifying monthly;
rank bonus to the official salary for special service conditions;
monthly bonus to the official salary for information from work constituting a state secret;
awards for conscientious performance of official duties;
incentive payments for special achievements in the service;
bonus to the official salary for tasks associated with increased danger to health and life in peacetime;
odds and percentages Cash.
91. allowances in the amounts specified in paragraphs 88 and 89 of this Procedure are paid during the period of being in more, but not at disposal<1>:
<1>Federal Law "On Social Guarantees", Article 23 Part 2. Federal Law "On Service in Internal Affairs Bodies", Parts 10 and 11 of Article 36.
91.1. One year - in case of non-fulfillment of the case for more than four months in total for a total of twelve months of service duties due to temporary disability.
91.2. Three months - in cases:
1) suspension of the termination of the employee's service in the internal employment agencies;
2) cases of an employee at the end of a business trip for more than one year, including for reinstatement;
3) the border in the position of an employee who previously held this position;
4) the expiration of the period of secondment of an employee to a federal state authority, another state body or an organization, leaving two in the staff of the Ministry of Internal Affairs.
91.3. Russia months - in cases:
1) the abolition (liquidation) of the body of the territorial federal executive body in the internal sphere of affairs or subdivision or the reduction of a position replaced by an employee in the bodies of internal conduct;
2) cases of the procedure for dismissal of an employee from service in the internal affairs bodies;
3) referral of an employee for a medical examination (examination), if the employee was released from official duties due to temporary disability for a total of more than four months within twelve months.
91.4. One month - in case of dismissal from the position occupied in the internal affairs bodies in connection with another position on transfer in the internal affairs bodies.
92. Payment of allowances in the cases and amounts specified in this 88, 89 paragraphs of the Procedure is extended for periods of temporary stay and disability on vacation<1>.
<1>Federal law "On the social part", guarantees 23 of article 2. Federal law "On service in the internal affairs bodies", part 17 of article 36.
93. The basis for the payment for employees of monetary allowance in the cases and indicated, the amounts in paragraphs 88 - 92 of this Procedure, is the order of the head.
XV. Payment of monetary allowance for the period of temporary removal from office, detention, reinstatement in service
94. In case of temporary dismissal of a position from an employee, he is paid a monetary allowance in the official amount of the salary and salary for a special rank, and allowances are also paid to the salary for the length of service (years of service)<1>.
<1>Federal law "On the social part", guarantees 25 article 2.
95. In the event that an employee is suspected (accused) of committing a crime and a preventive measure in the form of imprisonment under the grounds is chosen against him, the payment of his monetary allowance is suspended for guardianship of the order of the head<1>.
<1>Federal law "On the social part", guarantees 26 article 2.
96. When a verdict of acquittal is passed to an employee or when a criminal case is terminated on rehabilitating grounds, he is paid a monetary allowance in full for the entire period of detention under the Federal<1>.
<1>guardian of the law "On Social Guarantees", part 26 to Employee 2.
97. of the article, the reinstated in the service in the internal affairs bodies is paid, the cases of the allowance not received (short received) by him during the forced absenteeism, established for the bodies he previously replaced in the position of internal affairs, and (or) compensated between the difference in the monetary allowance received by him for the last bodies in the position of internal affairs, and actual earnings, the period in the received forced break in service<1>.
<1>Federal service "On the law in the internal affairs bodies", part 6 XVI 74.
articles. Payment of monetary allowance in the absence of an unknown employee, capture, as an internee, hostage in neutral countries
98. For employees captured or captured as hostages, interned in neutral as well, and in countries for missing employees (until they are recognized in accordance with the law as missing or dead announcements), monetary allowance is retained in full Federal<1>.
<1>size of the law "On Social Guarantees", part 21 cases 2.
99. In the articles specified in paragraph 98 of this Procedure, the monetary allowance of employees is paid to spouses or members of their other families<1>.
<1>Decree of the Government of the Russian Federation of December 27, 2011 N 1165 "On the procedure for paying allowances to monetary employees of the internal affairs bodies of the Russian Federation, captured or interned, hostages in neutral countries, as well as unknown spouses, absent or other members of their families" (legislation Collection of the Russian Federation, 2012, N 1, art. 190).
Pay. XVII monetary allowance upon dismissal from the internal affairs bodies and in the event of the death of an employee
Employees. 100, dismissed from the internal affairs bodies, monetary payment of allowance is made:
100.1. Substituting for the dismissal of the day of the position - up to the day of dismissal inclusive.
Consisted.2. 100 by the day of dismissal at disposal - one day more, but not the dismissal of the terms specified in paragraphs 91, 92 of this 101.
Order. Upon dismissal from service in the bodies of affairs, internal employees, at their request, are paid the cash used for non-compensation in the year of dismissal of the main vacation:
Fully.1. 101, in case of dismissal<1>:
<1>Federal Law "On Social Guarantees", Part 11 of Article 3.
1) by length of service giving the right to receive a pension;
2) upon reaching by the employee of the age of maximum stay in the service in the internal state bodies;
3) for health affairs;
4) in connection with the reduction of the position in the internal affairs bodies, replaced by the employee;
5) in connection with the expiration of the employee's stay at the disposal of the federal executive authority in the field of internal affairs, its territorial body or subdivision;
6) in connection with the terms of the breach of the contract by the authorized manager;
7) in connection with communication;
8) in illness with the impossibility of transfer or refusal to transfer from an employee to another position in internal communications bodies;
9) in cases with the refusal of an employee to be transferred to another body to the position of internal affairs in order to eliminate related, circumstances with direct subordination or control of those employees who are in close relationship or in accordance with the legislation of the Russian Federation.
101.2. period In proportion to the service in the year of dismissal, in case of other grounds for dismissal.
102. The amount of money unused for vacation compensation for dismissed employees is determined by multiplying by the number of days of unused vacation by the daily amount of monetary allowance on the day of dismissal.
Monetary. 103 compensation is paid on the basis of an order which, in the head, indicates the total number of unused vacation days.
104. In the event of the death of an employee, his heirs, in accordance with the procedure established by the legislation of the Russian Federation, are paid to the Federation monetary allowance for the month in which the death occurred, if its payment was not made to the employee himself, monetary compensation for all unused vacations, and other rights are also produced, payments for which the employee has incurred by day XVIII.
of death. Money certificates
105. When employees are relocated or dismissed, the financial unit (obliged) to provide them with all the required types of monetary allowance and make entries on the amounts paid in the cash certificate.
106. The money certificate is filled in:
all.1. In 106 cases of moving from one unit to that, to another, when sent to the educational systems of the institutions of the Ministry of Internal Affairs of Russia for training with the position held from the release.
106.2. In cases of further transition to serve in another federal executive body.
106.3. When seconded to federal state authorities, other state or organizations to organizations, remaining in the staff of the Ministry of Internal Affairs 106.
Russia.4. Upon dismissal from service in the internal affairs bodies with the right to a pension.
107. A cash certificate is issued to an employee against receipt in a personal allowance cash card and is registered in the appropriate journal with the last name, first name, patronymic and special rank of the date, the issuing employee and the number of the cash certificate.
If. 108 upon departure of an employee, for some reason, a cash certificate was not issued, then the financial unit (accounting) sends it to the new service, the place of the departed employee.
109. An employee who is new to the arrived place of service and has not presented a monetary certificate of allowance at the new place of service, starting, is paid from the first day of the next month on the basis of a report in which the arrival indicates the reason for the monetary failure to submit the certificate, the amount of money received by him at the former allowance place service, the date by which he was satisfied with the allowance, the amount due from deductions from him.
110. At the same time, the head of the financial chief (division accountant) requests a duplicate of the monetary allowance of these employees, still according to the certificate of the place of service of these employees, and in the event of a discrepancy between the data of the report and the duplicate, the necessary issued monetary allowance is recalculated.
111. Dismissed, Employees from the internal affairs bodies with a monetary appointment, a pension certificate is not issued in hand, but is sent in the manner prescribed together with other documents for a pension appointment.
112. When employees are dismissed from a pension by appointment, a cash certificate can be sent (issued) to the representative of the personnel department of the unit in which the employee served, for registration 113.
pensions. When filling out a cash certificate, the following information must be filled in:
113.1. positions according to Salary, salary according to a special rank, percentage of length of service for the allowance of years.
113.2. Benefits and compensation paid to an employee during the relevant calendar year.
Retention.3. 113 alimony.
113.4. In the monetary certificates of employees serving in the regions of the Far North, they are equated to areas and other areas with adverse or climatic environmental conditions, including remote, with a decoding, the coefficients they receive and percentage allowances.
114. Cash certificates must be completed without blots, erasures and corrections, clearly and clearly, in ink, a ballpoint pen or on a typewriter (printer), signed by the head of the unit and the financial head of the unit (chief accountant) and certified with a stamp seal.
115. The employee confirms his correctness with the consent of the records on the calculations made by signing in the cash certificate.
XIX. Payment of salary according to a special course in the rank of one year after dismissal with no service entitlement to a pension
116. Citizens who have served in the internal affairs bodies without a pension for rights, who served in the internal affairs bodies and have a total duration of service in the internal affairs bodies of less than 20 years, are monthly paid a salary for a special rank within one year after dismissal in the manner determined by the Government of the Russian Federation, in the Federation of dismissal<1>:
<1>Federal law "On the social part", guarantees 10 article 3.
1) upon reaching by the employee of the maximum stay of age in the service in the internal affairs bodies;
2) for health reasons;
3) in connection with the reduction of the position in the internal affairs bodies, replaced by an employee;
4) in connection with the expiration of the term of the employee at the disposal of the federal executive authority in the field of internal affairs, its territorial body or subdivision;
5) in connection with the violation of the terms of the contract by the authorized manager;
6) due to illness;
7) the impossibility, due to the transfer, or the refusal of the employee to transfer another position in the internal affairs bodies;
8) refusing to transfer an employee to another position in the internal affairs bodies in order to eliminate circumstances directly related to the subordination or control of employees, relations in close relationship or property, in accordance with the legislation of the Russian Federation.
117. Payment is made based on the amount of salary for a special rank received by an employee on the day of dismissal from service, including in case of untimely application for her appointment.
118. The one-year period for payment is calculated from the day, the day after the next dismissal of the employee from the service.
119. In the event of an increase in the case (indexation) of salaries for special ranks during the annual period of payment, its 120 increases accordingly.
size. Payment for the past time is made if the employee applied before the expiration of 3 years from the date of the right to receive it.
121. Payment for the past time is made on the basis of the special rank available to the employee on dismissal on the day of dismissal and in the amounts applied within one year from the date of dismissal.
122. receipt For payment, the dismissed (dismissed) employee submits a report (application) to the manager, which indicates the receipt of the method of payment (through the cash desk at the place where the employee was on payroll before the dismissal; transfer to a personal bank account; transfer by post with payment postage at the expense of the recipient in a different way) and undertakes to inform in writing about the occurrence of the head of the cases specified in paragraphs 127 and this 128 of the Procedure.
123. Payment is made before the last dismissal of the employee’s place of service on the basis of an order based on the head, which indicates the special surname, rank, first name, patronymic of the employee, the basis of service from dismissal, the total duration of service (including military service), the date of dismissal and the end date of the one-year period payments.
124. In the event of liquidation where, the unit, the employee previously received a payment, in the future the payment is made by the unit, determined by the decision of the superior head of the unit on the basis of the documents for this payment transferred in the established order by the liquidated unit.
Pay. 125 is produced monthly for the current month once in the period from the 20th to the 25th.
126. In the case of a conscription officer for military training, the payment is suspended for the passage of the term for military training. In this case, the passage of the period of military training is counted in the total payment period.
127. Employees who, during the period of payment of the receipt, re-enter the military service, and also serve in the internal affairs bodies, the State Fire Service, institutions and bodies of the penitentiary customs, system bodies, the Investigative Committee of the Russian Federation or the Federation, the bodies of the prosecutor's office of the Russian Federation in employees as having special ranks, payment of the day from the termination of entry into military service (service)<1>.
128. The receiving employee is obliged to inform in writing the divisions of the head making the payment about the service on admission or conscription for military training. On the basis of the information specified, an order is issued by the head of the early suspension (termination) of the payment, which indicates the special surname, rank, first name, patronymic of the employee, the basis and dismissal, the date from the service, the basis and date (period) of the termination of the early (suspension) payment.
129. Reimbursement of the amounts received in excess by the employee due to his failure to provide information about the occurrence of the cases specified in paragraphs 127 and this 128 of the Procedure is carried out in the manner established by the Russian legislation of the Federation.
130. Accounting (appointment, termination, suspension) of payment is kept in the personal allowance card of the monetary officer.
XX. Lump-sum payments to graduates of educational institutions of higher professional education from among orphans and children left without care 131
parents. Graduates of educational institutions of higher professional education from among orphans and children without parental care are paid a one-time cash allowance in the amount established by the legislation of the Russian Federal<1>.
<1>Federation Law of December 21, 1996 N 159-FZ "On guarantees of additional social support for orphans and children left without parental care" (Collection of the Russian Legislation of the Federation, 1996, N 52, art. 5880; 1998, N 7, 2000; 788, N 33, item 3348; 2002, N 15, item 1375; 2003, N 2, item 2004; 160, N 35, item 3607; 2009, N 51, item 6152; 2011 , N 47, item 6727; N 48, item 6608; 2012, N 10, item 1163), part 8 of article 6. Federal - "Further by the law of December 21, 1996 N 159-FZ". present in the Further section - "graduates".
132. Graduates, according to their stated desire in the report, are paid monetary compensation in the necessary amounts for the purchase of clothing, footwear, soft furnishings and equipment, in accordance with the standards approved by the Government of the Federation of the Russian Federation<1>.
<1>Federal Law of December 21, 1996 N Decree-FZ. 159 of the Government of the Russian Federation dated November 7, 659 N 2005 "On approval of the norms for the material support of orphans and children left without care of persons, parents from among orphans and children without parental care left, studying and being raised in state federal educational institutions institutions, minors, students and federal in educating state educational institutions - special vocational schools of open and closed type and the federal state institution "Sergiev Posad Orphanage of the Federal Deaf-Blind Agency for Health and Social Development" (legislation Assembly of the Russian Federation, 2005, N 46, article 4675).
Hourly. XXI salary
133. Hourly payment is applied when paying employees involved (employed):
1) teaching work in the amount of not more than 240 hours per year;
2) performance of duties in medical institutions in health care consultants in the amount of not more than 12 hours in scientific;
3) a month of advising doctoral students and applicants for scientists by management, adjunct degrees in educational institutions of higher education, professional and research institutions of the Russian Ministry of Internal Affairs (except for employees from among the teaching staff who are on the staff of these institutions) from 50 hours of calculation per year for each adjunct or hours and 25 doctoral students per year for each academic applicant;
4) in the degree of official opponents during the defense, competition for the dissertations of the scientific degree of Doctor of Science, Candidate or Sciences;
5) as members of the jury of reviews and competitions, as well as reviewers of competitive works.
For. 134 hourly wage rates for employees are applied to hourly wages established for the categories of civilian personnel of military institutions, units and subdivisions of the system of the Ministry of Internal Affairs of Russia<1>.
XXII. The procedure for providing material 135
help. Employees are provided with material assistance in the amount of less than one monthly salary in the Federal<1>.
<1>year law "On Social Guarantees", part 2 136 3.
articles. By decision of the head, material assistance in one amount of the salary of the monetary content established on the day of payment is provided annually when the employee goes on the main vacation or on other reports according to the terms of the employee.
137. Within the limits of the funds allocated for the allowance, by the decision of the head of the employee, on the basis of his reasoned report, additional financial assistance may be provided.
138. The decision to provide material assistance (additional material assistance) to the heads of departments, as well as their additional financial assistance, is made by the deputies of the higher head.
139. In the event of an employee's death, material assistance not received by him per year is paid to the death of the heirs in accordance with the procedure established by the legislation of the Russian Federation.
XXIII. The procedure for paying lifting daily allowances and benefits when employees move to a new service place in another locality
140. when employees move to a new duty station in another locality (including to and from a foreign territory of the state) in connection with their appointment to another or, position in connection with enrollment in an educational institution of professional higher education of the Ministry of Internal Affairs of the Russian Federation, the period of study in which is one more than a year, or in connection with the relocation of a unit (body), employees and members of their families undergo 140:
payments.1. Lifting allowance - in the amount of one monetary salary of maintenance for an employee and one fourth of the salary of a part of the monetary maintenance for each member of his family who moved to a locality at a new service place of an employee, or to a locality nearby from a new service place, or to another locality in due to the lack of housing at the place of the new employee's service.
140.2. Per diem allowance - for each employee and a member of his family who moves to a new duty station by transfer from a communications officer, in the amount determined by the Government of the Russian Federation for employees seconded for each day they are on the road<1>.
<1>Federal Law "On Social Guarantees", Part 3 of Article 3.
At. 141 calculation of the lifting allowance:
141.1. For an employee, the amount of the fixed salary is applied, his maintenance at a new place of service (deployment, study).
141.2. For family members, the employee’s salary is applied per day per employee of their registration at the place of residence or stay at the place in the locality at the new place of study (service, deployment) of the employee, or in a locality nearby the place of the new service (study, deployment) of the employee, or in another locality in the absence of a residential connection at the new place of study (service, deployment) of the employee<1>.
142. Per diems Calculation is carried out taking into account the time spent on the way by the employee and members of his family.
143. Elevation Payment of allowances and daily allowances is made by the unit at the place of the new service (study, deployment).
144. Departing, the Employee to a new place of service (study, may), dislocation to receive an advance on the daily allowance due to him and his family members (when following joint), with the subsequent submission of an advance report at the place of the new service (study, dislocation).
145. In the event that both spouses are entitled to a lifting allowance and daily allowance, the lifting allowance and members of the daily allowance of families are paid at their choice to one of the 146.
spouses. To calculate the lifting allowance, the amount of the salary of the payee of the lifting allowance is applied.
147. The payment of the lifting allowance and per diem allowance to an employee is made on the basis of a copy of the act (order of a copy or extract from the order) on the appointment on copies, the position of the order (extract from the order) on enrollment in an educational institution of the Ministry of Internal Affairs of Russia, a copy of the order (order from the extract) on redeployment divisions.
148. The payment of the lifting and per diem allowance (advance against daily allowance) to the families of members is made when the employee provides:
References.1. 148 from the place of service of one of the spouses about the non-receipt of allowances and daily allowances for family members.
Documents.2. 148, confirming the registration of family members to a new one at the employee's place of residence or place 148.
stay.3. Certificates of the educational institution on education indicating from the children the date of commencement of education (for children aged 18 to 23 years old, studying in educational institutions in the form of full-time education).
149. Payment to the employee of the lifting allowance and daily allowance is made within a month from the moment of his application.
Appendix No. 2
to the order of the Ministry of Internal Affairs 2013
dated January 31, Russia N 65
SCROLL
NORMATIVE LEGAL ACTS OF THE RUSSIA OF THE MIA AND INDIVIDUAL
INSTRUCTIONS OF REGULATORY LEGAL ACTS OF THE MIA OF THE INTERNATIONAL RUSSIA,
RECOGNIZED AS VOID
1. Ministry of Internal Affairs Order of Russia dated December 14, 2009 N 960 "On the Regulations on the approval of the monetary allowance of employees of the internal affairs bodies of the Russian Federation"<1>.
<1>Registered with the Ministry of Justice on February 12, 2010, registration N 16404.
2. Ministry of Internal Affairs Order of Russia dated January 12, 2011 N 8 "On the introduction of an order to amend the Ministry of Internal Affairs of Russia dated December 14, 2009 N Registered"<1>.
3. Order of the Ministry of Internal Affairs of Russia dated November 29, 2011 N 1176 "On Amendments to the Regulations on Allowance for Monetary Employees of the Internal Affairs Bodies of the Russian Federation, approved by Order of the Ministry of Internal Affairs of Russia dated December 14, 2009 N 960"<1>.
4. Clause 1 of the Ministry of Internal Affairs of the order of Russia dated December 19, 2011 N 1257 "On the procedure for approving the payment of bonuses for conscientious performance of duties by employees of the internal affairs bodies of the Russian Federation"<1>.
5. Paragraph 2 of the order of the Russian Ministry of Internal Affairs dated December 19, 2011 N 1258 "On approval of the establishment of the Procedure for incentive payments for special achievements in employees of the internal affairs service of the Russian Registered"<1>.
6. Subparagraph 2.3 of the order of the Ministry of Internal Affairs of December 19 of Russia, 2011 N 1259 "On approval of the List of employees of the positions of the internal affairs bodies of the Russian Federation, the replacement of which is paid monthly special service conditions for the bonus, and the size of the bonus for these positions"<1>.
7. Order of the Ministry of Internal Affairs of December 19 of Russia, 2011 N 1260 "On the procedure for providing material assistance to employees of the internal affairs bodies of the Russian Federation"<1>.
8. Order of the Ministry of Internal Affairs of January 16 of Russia, 2012 N 27 "On approval of the Procedure for replacing the main part of the vacation with monetary compensation to employees of the internal affairs bodies of the Russian Federation"<1>.
9. 23293 3.2 and 3.3 of the order of the Ministry of Internal Affairs of Russia dated February 20, 106 N 2012 "On the size of the allowance for the official salary of the bodies of internal affairs employees of the Russian Federation for tasks related to increased danger to health and life in peacetime, and approval of the List of positions individual employees of the internal affairs bodies of the Federation of the Russian Federation, upon substitution of which a salary bonus is established for the official for the performance of tasks related to the danger of increased danger to life and health in peacetime Registered "<1>.
10. Clause 15 of the List of normative acts of the legal acts of the Ministry of Internal Affairs of Russia and individual prescriptions of legal normative acts of the Ministry of Internal Affairs of Russia, recognized as invalid, approved by order of the Ministry of Internal Affairs of Russia dated March 15, 2012 N 175<1>.
11. Order of the Russian Ministry of Internal Affairs dated June 27, 2012 N 638 "On approval of the payment of the Procedure for monetary compensation for the performance of official duties beyond the established normal duration of service night, in time, on weekends and non-working holidays to employees of the internal affairs bodies of the Russian Registered"<1>.
12. Order of the Ministry of Internal Affairs of Russia dated July 5, 2012 N 677 "On approval of the procedure for paying lifting and per diem allowances when employees of the internal affairs bodies of the Russian Federation move to a new service place in another locality"<1>.
13. 24998 of the Ministry of Internal Affairs of Russia dated July 11, 2012 N introducing "On 684 changes to the Procedure for the payment of bonuses for the performance of conscientious official duties to employees of internal affairs bodies, approved by order of the Ministry of Internal Affairs of Russia dated December 19, 2011 N 1257"<1>.
- Annex N 1. The procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation
Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65
"On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation"
With changes and additions from:
December 28, 2015, August 29, 2016, May 18, July 25, 2017, January 9, May 21, October 15, November 12, 2018
1.2. List of normative legal acts of the Ministry of Internal Affairs of Russia and separate prescriptions of normative legal acts of the Ministry of Internal Affairs of Russia, recognized as invalid (Appendix No. 2).
2. Heads of departments of the central apparatus of the Ministry of Internal Affairs of Russia, territorial bodies of the Ministry of Internal Affairs of Russia, educational, scientific, medical and sanitary and sanatorium organizations of the system of the Ministry of Internal Affairs of Russia, district departments of logistics of the system of the Ministry of Internal Affairs of Russia, as well as other organizations and divisions created to carry out tasks and exercise of the powers assigned to the internal affairs bodies of the Russian Federation, organize the payment of monetary allowances to employees of the internal affairs bodies of the Russian Federation in accordance with this order.
3. To impose control over the implementation of this order on the Deputy Ministers responsible for the activities of the relevant units.
______________________________* Collection of Legislation of the Russian Federation, 2011, N 30, Art. 4595; No. 46, Art. 6407; No. 49, art. 7020; 2012, N 53, Art. 7608; 2013, N 27, art. 3477; No. 48, art. 6165; 2014, N 22, art. 2770; No. 23, art. 2929; No. 45, Art. 6152; 2015, N 48, art. 6681.
** With the exception of the High Command of the Internal Troops of the Ministry of Internal Affairs of Russia.
Registration N 28315
On January 1, 2012, a law came into force introducing a new system of monetary allowance for police officers.
In this regard, the procedure for providing the specified allowances has been revised.
The latter consists of an official salary and a special rank salary, which form a monetary salary, as well as monthly and other additional payments.
Monetary allowance is paid on the basis of the order of the head of the body (departmental institution) on the appointment of an employee to a position, placing him at the disposal or secondment, leaving him in the staff of the Ministry of Internal Affairs of Russia.
Monetary allowance for the current month is transferred 1 time in the period from the 20th to the 25th. It can be paid in advance when an employee leaves for a business trip, vacation, or to a new duty station.
There are monthly bonuses for work experience (length of service), qualification rank, special conditions of service, risk, for working with state secrets, ciphers, etc.
Monthly bonuses have been established for conscientious performance of official duties and one-time bonuses for the successful completion of particularly complex and important tasks.
Additional payments are also due for work in areas with adverse climatic or environmental conditions.
Separately, the issues of monetary allowance for doctoral students, adjuncts, students and cadets are regulated, during vacations and being at disposal, when combining duties, upon dismissal from the Department of Internal Affairs and in the event of the death of an employee, for part-time work. The procedure for remuneration of interns and the provision of material assistance is regulated.
Normative acts that previously regulated the issues of monetary allowance for police officers were declared invalid.
Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65 "On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation"
Registration N 28315
This Order shall enter into force 10 days after the date of its official publication.
This document has been modified by the following documents.
Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65
"On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation"
With changes and additions from:
In accordance with the Federal Law of July 19, 2011 N 247-FZ "On social guarantees for employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" * - I order:
1.1. The procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation (Appendix N 1).
1.2. List of normative legal acts of the Ministry of Internal Affairs of Russia and separate prescriptions of normative legal acts of the Ministry of Internal Affairs of Russia, recognized as invalid (Appendix No. 2).
Information about changes:
2. Heads of departments of the central office of the Ministry of Internal Affairs of Russia**, territorial bodies of the Ministry of Internal Affairs of Russia, educational, scientific, medical and sanitary and sanatorium organizations of the system of the Ministry of Internal Affairs of Russia, district departments of logistics of the system of the Ministry of Internal Affairs of Russia, as well as other organizations and divisions created in order to fulfill the tasks and exercise the powers vested in the internal affairs bodies of the Russian Federation, organize the payment of monetary allowances to employees of the internal affairs bodies of the Russian Federation in accordance with this order.
Information about changes:
3. To impose control over the implementation of this order on the Deputy Ministers responsible for the activities of the relevant units.
Information about changes:
* Collection of Legislation of the Russian Federation, 2011, N 30, Art. 4595; No. 46, Art. 6407; No. 49, art. 7020; 2012, N 53, Art. 7608; 2013, N 27, art. 3477; No. 48, art. 6165; 2014, N 22, art. 2770; No. 23, art. 2929; No. 45, Art. 6152; 2015, N 48, art. 6681.
** With the exception of the High Command of the Internal Troops of the Ministry of Internal Affairs of Russia.
Registration N 28315
On January 1, 2012, a law came into force introducing a new system of monetary allowance for police officers.
In this regard, the procedure for providing the specified allowances has been revised.
The latter consists of an official salary and a special rank salary, which form a monetary salary, as well as monthly and other additional payments.
Monetary allowance is paid on the basis of the order of the head of the body (departmental institution) on the appointment of an employee to a position, placing him at the disposal or secondment, leaving him in the staff of the Ministry of Internal Affairs of Russia.
Monetary allowance for the current month is transferred 1 time in the period from the 20th to the 25th. It can be paid in advance when an employee leaves for a business trip, vacation, or to a new duty station.
There are monthly bonuses for work experience (length of service), qualification rank, special conditions of service, risk, for working with state secrets, ciphers, etc.
Monthly bonuses have been established for conscientious performance of official duties and one-time bonuses for the successful completion of particularly complex and important tasks.
Additional payments are also due for work in areas with adverse climatic or environmental conditions.
Separately, the issues of monetary allowance for doctoral students, adjuncts, students and cadets are regulated, during vacations and being at disposal, when combining duties, upon dismissal from the Department of Internal Affairs and in the event of the death of an employee, for part-time work. The procedure for remuneration of interns and the provision of material assistance is regulated.
Normative acts that previously regulated the issues of monetary allowance for police officers were declared invalid.
Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65 "On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation"
Registration N 28315
This Order shall enter into force 10 days after the date of its official publication.
This document has been modified by the following documents:
The changes come into force 10 days after the day of the official publication of the said order.
The changes come into force 10 days after the day of the official publication of the said order.
© NPP GARANT-SERVICE LLC, 2018. The GARANT system has been produced since 1990. Garant Company and its partners are members of the Russian Association of Legal Information GARANT.
Order 65 of the Ministry of Internal Affairs of the Russian Federation of 31012013
Federal Law No. 342-FZ of November 30, 2011 “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”.
- Federal Law No. 247-FZ dated July 19, 2011 “On Social Guarantees for Employees of Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”.
- Order of the Ministry of Internal Affairs of the Russian Federation of January 31, 2013 No. 65 "On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation"
- Order of the Ministry of Internal Affairs of the Russian Federation of February 20, 2012 No. 106 “On the size of the allowance for the official salary of employees of the Internal Affairs Directorate of the Russian Federation for performing tasks associated with an increased danger to life and health in peacetime, and approving the list of individual positions of employees of the Internal Affairs Directorate of the Russian Federation, upon replacement of which an allowance is established ... ".
- Order of the Ministry of Internal Affairs of the Russian Federation of December 19, 2011 No. 1258 "On approval of the procedure for establishing incentive payments for special achievements in the service of employees of the internal affairs bodies of the Russian Federation"
- Order of the Ministry of Internal Affairs of the Russian Federation of December 19, 2011 No. 1259 “On approval of the list of positions of internal affairs officers, upon substitution of which monthly allowances are paid for special conditions of service, and the amount of the allowance for these positions.”
- Order of the Ministry of Internal Affairs of Russia dated August 27, 2008 No. 751 "On measures to implement the Decree of the Government of the Russian Federation dated August 5, 2008 No. 583".
What is included in the monetary allowance of employees of the internal affairs bodies of the Russian Federation?
The monetary allowance of police officers consists of an official salary and a salary for a special rank, which constitute a salary, monthly and other additional payments.
Official salaries and additional payments to employees are established and changed by order of the head, indicating the grounds and specific amounts for each employee and are paid from the date determined by this order, and if the date is not specified, then from the date of its signing (clause 3 of Order No. 65). Payment of monetary allowance to employees for the current month is made once in the period from the 20th to the 25th day (clause 4 of Procedure No. 65).
What monthly additional payments does a police officer receive?
1. Seniority bonus. It is established in accordance with paragraph 7 of Art. 2 of Law No. 247-FZ, in the amount approved by clause 14 of Order No. 65.
The seniority allowance is calculated from salary salary.
2. Supplement for a qualifying title set as a percentage of official salary in accordance with clause 9, article 2 of Law No. 247-FZ, clause 17 of Order No. 65.
3. Supplement for special conditions of service to the official salary is set in the amount of up to 100% of the official salary in accordance with the List of positions of employees established by Order of the Ministry of Internal Affairs of Russia dated December 19, 2011 No. 1259 (clause 20 of Order No. 65).
If an employee is entitled to receive special accommodation allowances for more than one reason in accordance with the Schedule of Special Conditions of Service, they are added together. The total allowance for special conditions cannot exceed 100% of the employee's official salary (clause 19 of Procedure No. 65).
4. Surcharge for secrecy. Clause 21 of Procedure No. 65 establishes that an employee admitted to state secrets on an ongoing basis is paid a monthly bonus to the official salary for working with information constituting a state secret, in the amount of up to 65%, depending on the degree of secrecy of the information to which he has access .
5. Payments for achievements in the service. According to paragraph 22 of Order No. 65, incentive payments for special achievements in the service are established according to the rules and in the amounts determined by Order of the Ministry of Internal Affairs of Russia dated December 19, 2011 No. 1258.
I remind you that special achievements in the service imply that employees have a scientific degree, honorary titles of the USSR, the Russian Federation, sports titles (sports categories), awards of the USSR, the Russian Federation, the Ministry of Internal Affairs (medals, orders). Also, this payment is provided for a number of senior positions of institutions of the Ministry of Internal Affairs.
6. Risk premium. This bonus to the official salary for performing tasks associated with an increased danger to life and health in peacetime (clause 23 of Order No. 65).
Decree of the Government of the Russian Federation of December 24, 2011 No. 1122 determines the procedure for its payment. Order of the Ministry of Internal Affairs of Russia dated February 20, 2012 No. 106 determined the size of the allowance and approved the List of positions of employees of the internal affairs bodies of the Russian Federation, upon replacement of which an allowance is paid to the official salary for performing tasks associated with an increased danger to life and health in peacetime.
7. Awards for conscientious performance of official duties.
In accordance with paragraph 12 of Art. 2 of Law No. 247-FZ, employees are paid bonuses for conscientious performance of official duties at the rate of three monthly salaries per year (clause 25 of Procedure No. which is being paid.
Within the limits of the funds provided for the payment of monetary allowance, employees who successfully perform particularly complex and important tasks may be additionally paid one-time bonuses. The decision to pay a one-time bonus is drawn up by order of the head (clauses 34, 35 of Procedure No. 65).
What other payments can be made?
Legal surcharge paid With employees with a higher legal education and filling positions, the main duties of which include legal expertise of legal acts and draft legal acts, preparation and editing of draft legal acts and their endorsement as a lawyer or executor, are paid a monthly allowance of up to 50% official salary, depending on the volume and complexity of legal examinations of legal acts and draft legal acts carried out by employees, work on the preparation and editing of draft legal acts (clause 44 of Procedure No. 65).
Bonus for length of service in structural divisions for the protection of state secrets determined by clause 45 of Order No. 65.
Encryption bonus determined by clause 46 of Order No. 65.
When paying an allowance, it is necessary to take into account the total length of service in encryption work, which includes the time spent working with ciphers in the encryption service of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, institutions and organizations, regardless of their organizational and legal form.
The basis for the payment is the order of the head indicating the total length of service in encryption work.
One time promotion. Employees are paid a one-time incentive in the following amounts (clause 47 of Procedure No. 65):
- with the encouragement of the Government of the Russian Federation - one salary salary;
- with the encouragement of the President of the Russian Federation - two;
- when conferring honorary titles of the Russian Federation and awarding insignia of the Russian Federation - three;
- when awarding orders and medals of the Russian Federation (with the exception of anniversary ones) - five;
- when awarded with a sign of special distinction - the Gold Star medal - ten.
When calculating the average monthly allowance, one should be guided by Decree of the Government of the Russian Federation of December 24, 2007 No. 922 “On the peculiarities of the procedure for calculating the average wage”.
The calculation of the average earnings of an employee, regardless of the mode of his work, is based on the wages actually accrued to him and the time actually worked by him for the 12 calendar months preceding the period during which the employee retains the average wage. In this case, the period from the 1st to the 30th (31st) day of the corresponding month, inclusive, is considered a calendar month.
The average number of employees (employees) per month is determined by summing the number of employees on the payroll for each calendar day of the month, that is, from the 1st to the 30th or 31st (for February - to the 28th or 29th), including holidays (non-working) and weekends, and dividing the amount received by the number of calendar days of the month (clause 78 of the instructions of the order of Rosstat dated October 28, 2013 No. 428).
In order to properly reflect the average headcount in the 3-OB report, as well as the monthly form No. 501, we have decided that starting from 01/01/2015, we will calculate the average headcount in accordance with the established form, thereby eliminating the possibility of incorrect indicators in reporting.
What is not included in the average headcount?
When determining the average headcount, some employees on the payroll are not taken into account:
- women who are on additional parental leave until they reach the age of 1.5 and 3 years;
- employees studying in educational institutions who are on additional leave without pay, as well as those entering educational institutions who are on leave without pay to pass entrance exams.
What is included in the payroll?
The payroll includes employees hired for permanent or temporary work, both actually working and temporarily absent from work for any reason (being on regular, additional, study leave, not showing up for work due to illness, women on leave due to pregnancy, childbirth and child care, etc.)
Employees hired for a part-time job or part-time calendar week, as well as for half the rate (salary) in accordance with the staffing table, are taken into account in the payroll for each calendar day as whole units, including non-working weeks stipulated upon employment.
Recovery of compensation for overtime work in the system of the Ministry of Internal Affairs of Russia (part No. 2 - the appellate instance)
Recovery of compensation for overtime work in the system of the Ministry of Internal Affairs of Russia
(Part No. 2 - appellate instance)
In Part No. 1, the issue of recovering compensation from the Ministry of Internal Affairs of Russia for overtime work performed by an employee as part of an investigative team was considered. In this article, as a continuation, the issue of determining the amount of such compensation, as well as other significant circumstances, will be considered, taking into account the position of the Novosibirsk Regional Court in a particular case.
The decision of the court, which was mentioned in part No. 1, was appealed by the Ministry of Internal Affairs of Russia, as the arguments of the complaint, the defendant indicated:
- In his opinion, claims for the recovery of compensation for work in excess of the established normal working hours, on weekends, holidays and nights are not subject to satisfaction, since the employee who was assigned an irregular working day was granted additional vacation days as compensation.
- The employee was given a 20% bonus to the official salary for special conditions of service.
- The defendant pointed out that the plaintiff incorrectly calculated the amounts recovered, since the calculation should have been made not on the basis of the provisions of the Labor Code, but on the basis of the provisions of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. which provides that compensation for work on weekends should not be determined in a double amount, as provided by the Labor Code of the Russian Federation, but in a single amount (paragraph 59-61 of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65), and compensation at night should be only 20 percent of the hourly rate for each hour of work (paragraph 62 of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65).
Plaintiff's objections to the Court of Appeal.
I will not describe the objections to the first paragraph of the arguments of the defendant's complaint, since they were discussed in detail in part No. 1, but I think it is worth describing the objections to the other two arguments, since the appellate board became interested in these arguments, and the judges began to actively ask me why I applied the provisions of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65 only in part, indicating the possibility of obtaining compensation (clause 56 of the Order), while calculating the amount of compensation not on the basis of the provisions of this order, but on the basis of the norms of the Labor Code of the Russian Federation, thereby greatly increased its size.
I will say that the appellate instance held three meetings before the decision was made, twice there was a postponement with the wording “we need to think”, at the same time the defendant was asked to provide a counter-calculation taking into account the provisions of Order No. 65, after which I each time provided written explanations regarding the justification stated requirements.
So, let's proceed to the description of my arguments and objections.
- Objections to the defendant's arguments about the establishment of a surcharge of 20% for special conditions of service.
I noted that the reference to the fact of establishing a bonus to the official salary in the amount of 20% for special conditions of service, in connection with which, according to the respondent, the claimant was not entitled to compensation for overtime work, is erroneous.
The bonus to the official salary for special conditions of service is regulated by clause 18 of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65 and is established in accordance with the List of special conditions of service for employees of the internal affairs bodies of the Russian Federation and the maximum monthly allowance for the official salary for special conditions of service, approved Government of the Russian Federation.
According to Decree of the Government of the Russian Federation of 08.12.2011 No. 1021 “On a monthly allowance to the official salary for special conditions of service for employees of the internal affairs bodies of the Russian Federation”, an allowance of up to 40 percent is established for employees of investigative units for the very fact of serving in these units and not for work beyond the established normal hours of work, at night, on weekends and non-working holidays.
Compensation for work in excess of the established normal length of service time, at night, on weekends and non-working holidays, is established by paragraph 56 of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. and based on the order of the head, instead of providing additional days of rest, monetary compensation may be paid for the performance of official duties in excess of the established normal length of service time, at night, on weekends and non-working holidays.
Accordingly, the Order of the Ministry of Internal Affairs of Russia No. 65 dated January 31, 2013, which regulates the procedure for paying monetary allowance, distinguishes between the legal grounds for paying an allowance for special conditions of service and paying compensation for work in excess of the established normal working hours, at night, on weekends and non-working holidays .
Based on the indicated provisions of the law, it follows that the defendant incorrectly interprets the concepts of “irregular working day” and “work in excess of the established normal length of service time”, indicating that the plaintiff was granted an increase in salary and additional leave for overtime work. Based on the above norms of the law, the allowance to the official salary was provided to the plaintiff for irregular working hours, and not for overtime work, and these concepts are different legal categories.
- Objections regarding the incorrect calculation of the amount of compensation.
I pointed out that the defendant, referring to the provisions of paragraph 61 of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65, does not take into account that this paragraph provides for the payment of compensation for the performance of official duties at night, on weekends and non-working holidays according to the shift schedule within the normal working hours for the accounting period, in turn, the plaintiff performed official duties in excess of the established limits of the normal length of service time (in excess of the established 40-hour working week, guaranteed by Part 2 of Article 53 of the Federal Law of November 30, 2011 No. 342-FZ). Thus, the compensation required by the plaintiff is regulated by paragraph 56 of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65, to which the court of first instance referred, satisfying the requirements.
At the same time, the calculation of the recoverable amounts made by the court of first instance is correct, since the amount of compensation for work at night, on weekends and holidays should be determined at a double rate. The plaintiff's side comes to this conclusion on the basis of an analysis of the current legislation governing the rights of an employee.
So, according to part 3 of Art. 37 of the Constitution of the Russian Federation proclaims that everyone has the right to remuneration for work without any discrimination. In accordance with Part 2 of Art. 3 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” it follows that in cases not regulated by the regulatory legal acts of the Russian Federation, legal relations related to the service in the internal affairs bodies, the norms of labor legislation are applied.
Labor law regulates that overtime is paid for the first two hours not less than one and a half, and for the following hours - at least double. According to Art. 153 of the Labor Code of the Russian Federation - work on a weekend or non-working holiday is paid not less than double.
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”, defining the category of overtime work (part 6 of article 53), does not determine the procedure for its payment, respectively in this part, the rules of the Labor Code of the Russian Federation should be applied. No departmental orders can infringe on the guarantees provided to the employee related to the amount of wages, in comparison with the guarantees established by the Labor Code of the Russian Federation. The Labor Code in terms of legal force is an act that prevails over the orders of the Ministry of Internal Affairs of Russia, and accordingly, when calculating the amount of payment for overtime work on weekends, at night, the provisions of the Labor Code of the Russian Federation should be applied.
Taking into account that the work performed by the plaintiff as part of the investigative-operational group was overtime for him, the said work was carried out by the plaintiff on weekends, including at night, payment for such work cannot be made in less than double the amount, since otherwise his rights guaranteed by labor legislation and the Constitution of the Russian Federation will be infringed.
Summary of the case.
The Court of Appeal, after three sessions, issued a ruling, according to which the decision of the court of first instance was left unchanged, the appeal of the Department of the Ministry of Internal Affairs of Russia was not satisfied.
The appeal ruling in this case can be found here.
17 Comments
Excellent practice, colleague. Bravo!
Thanks for the high rating!
A very detailed summary of the litigation. Thanks for the professionalism! If it’s not difficult for you to answer my question, for what period of service did you manage to sue compensation. The fact is that I have a similar situation, but the court did not recognize overtime earlier than 3 years. What do you think is the right decision? Was the statute of limitations correctly applied if I did not stop serving.
A very detailed outcome of the litigation. Thank you for your professionalism! If it’s not difficult for you to answer my question, for what period of service did you manage to sue compensation. The fact is that I have a similar situation, but the court did not recognize overtime earlier than 3 years. Do you think this is the right decision? Is the statute of limitations applied correctly if I did not stop my service, but after my dismissal I was refused payment of this compensation?
Hello! You received monthly pay slips, and accordingly had the opportunity to apply to the court earlier, therefore, in your case, the court exacted overtime for the specified period (3 years). Such is the logic of judicial practice. At the same time, some courts do not even collect for three years, applying a special limitation period provided for by the Labor Code of the Russian Federation (Article 392 of the Labor Code of the Russian Federation). In your case, the court applied the general limitation period under the Civil Code of the Russian Federation. Congratulations on being able to claim overtime compensation as well. Many police officers are interested in this issue, so it is good that this kind of practice is being formed.
Thanks for the reply, you helped me a lot!
Please. There will be questions, please contact.
Hello! Tell me, please, was there an appeal against the decision in the Supreme Court, did the decision stand?
Hello. The case was not heard in the Supreme Court. After the issuance of the appeal ruling, the court decision entered into legal force and was executed by the Ministry of Internal Affairs.
Congratulations on your win, you are a master of your craft. I wish there were more professionals like you. I also resigned from the Department of Internal Affairs, I was forced to resign, I wrote a letter of resignation of my own free will. After his dismissal, he wrote a claim for overtime pay for the last three years. Yesterday the court's preliminary decision was announced refusing to satisfy my claim.
Hello. Thanks for the feedback on my work. Try to appeal, you never know what decision can be made at one stage or another of the proceedings.
Hello! Please tell me. In September 2017 I filed a report addressed to the head of the Ministry of Internal Affairs on granting me annual paid leave for over the established normal length of service time, additional days of rest in the amount of 95 calendar days, for daily duty for 2016-2017. At the same time, he provided an order stating that after the duty a day off is provided, as well as a copy of the sentry outfits, a copy of the book of acceptance and delivery of duty, confirming that I was on daily duty. However, the management gave me 17 days, and then only for 2017, explaining that they gave me additional days of rest only for Saturday and Sunday duty. For other days of 2016-2017 They refused to provide me with guidance, arguing that we had an irregular working day, as well as additional days of rest. I did not agree with the decision of the Ministry of Internal Affairs, after which I filed a claim with the court. At the moment, the case is nearing completion, the defendant refers to Part 4 of Art. 72 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". I am trying to prove in court that I found out about my right only in September 2017, and asked the limitation period to be calculated from September 2017, the labor dispute that I started between me and the Department of Internal Affairs to count from October 2017, since in October 2017 . I learned from the management about the refusal to provide me with additional days of rest or monetary compensation for 2016-2017, where they gave me a written refusal, and also made it clear that if the court establishes, only then they will provide me with additional days of rest or monetary compensation. At the preliminary hearings in court, I provided all the documents (order, copies of documents that I was on daily duty, calculation). However, the court, for some reason, does not take into account the evidence I provided. Although the order specifically states “A day off is provided after the daily duty, and nowhere in the order is it written that it is Saturday or Sunday. The court may be trying to leave for the statute of limitations, citing the fact that you knew that there is an order on the basis of which the duty schedule is drawn up. And that allegedly at the end of 2016. when you go on vacation, you must write a report for the provision of additional days of rest or monetary compensation. I am trying to explain in court that according to Part. 2 tbsp. 53 of the Federal Law of November 30, 2011 No. 342-FZ “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” (hereinafter referred to as the Law “On Service in the Department of Internal Affairs”), as an internal affairs officer, I was 40 hour work week.
In accordance with the provisions of part 5 of Art. 53 of the Law "On Service in the Department of Internal Affairs" it is established that an irregular working day is established for employees of the internal affairs bodies replacing the positions of senior and senior commanding staff. Employees for whom an irregular working day is established are provided with additional leave in accordance with Part 5 of Article 58 of the said Federal Law.
Part 6 of the Law "On Service in the Department of Internal Affairs" determines that an employee of the internal affairs bodies, if necessary, may be involved in the performance of official duties in excess of the established normal length of service time, as well as at night, on weekends and non-working holidays in the manner determined by the federal body executive power in the field of internal affairs.
In this case, the employee is compensated in the form of rest of the appropriate duration on other days of the week. If it is impossible to provide such rest during this period, the time of performance of official duties in excess of the established normal length of service time, as well as at night, on weekends and non-working holidays, is summed up and the employee is provided with additional days of rest of the appropriate duration, which, at his request, can be attached to annual paid leave.
At the request of an employee, instead of providing additional days of rest, monetary compensation may be paid to him. At the same time, the payment of compensation is provided for in clause 56 of the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 No. 65 “On approval of the procedure for providing monetary allowance to employees of the Internal Affairs Directorate of the Russian Federation”.
How can I be in this situation? Please tell me. Since at the beginning of 2018 I'm already in court. Thanks in advance. Your article helped me a lot in order to file a claim.
Hello. The limitation period for resolving a business dispute is calculated from the moment you learned or should have known about the violation of your rights, as a rule, the courts interpret the beginning of this period from the moment you receive pay slips (receipt of salary), if you require additional days for vacation, then I suppose the limitation period must be calculated from the moment when you were denied their provision for the corresponding year (for example, you write a vacation report and ask for additional days for overtime work, but you are denied, from this moment you need to calculate the limitation period). An irregular working day and overtime work are different concepts, I described this in detail in the article in its first part. As for the arguments of the Ministry of Internal Affairs regarding the provision of days of rest for duty on Saturday and Sunday, I met judicial practice when the courts exacted compensation only for the indicated days, while motivating my position that for duty on weekdays, the employee was provided with rest the next day ). In particular, this was the case in my case, about which articles are written on the site.
Great deal.
Can you tell me how long it took to get paid?
(for the last year, two, three or more)
Have you ever had a practice of collecting compensation from the Ministry of Internal Affairs for uniforms?
Hello. The payment was received within the limitation period for this category of disputes - 3 months. There were also requirements for uniforms, but during the consideration of the dispute, the Ministry of Internal Affairs voluntarily satisfied these requirements and in this part we abandoned the claim.
Hello Michael! According to Part 2 of Article 392 of the Labor Code of the Russian Federation - For the resolution of an individual labor dispute about non-payment or incomplete payment of wages and other payments due to the employee, he has the right to apply to the court within one year from the date of the established deadline for payment of these amounts, including in case of non-payment or incomplete payment of wages and other payments due to the employee upon dismissal.
(Part two was introduced by Federal Law No. 272-FZ of July 3, 2016)
That is, this is a special norm allocated in the Labor Code of the Russian Federation. How do you think the law should be applied in this case? What is the statute of limitations for overtime work? He also filed a lawsuit, but there were no meetings yet.
Hello. I have discussed this question many times in responses to comments. The statute of limitations indicated in part 4 of Article 72 of the Federal Law “On Service in the Department of Internal Affairs” is applied, which is 3 months. The Labor Code of the Russian Federation applies only to the part not regulated by special laws, in the part you indicated, the issue is regulated by a special law.
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