Under the irregular working day is understood as a specific mode of service, in which a civil servant can be involved in the occasional performance of his duties in accordance with the post.
Such engagement is possible if it is an official necessity. Moreover, the employee may be involved in a time that is not included in the normal duration of the service time, as well as without the consent of the employee. At the same time, processing of this order will not be considered overtime work.
Irregular working days in the Ministry of Internal Affairs
An office day of an irregular type may be established for employees of the Ministry of Internal Affairs who hold positions relating to senior and senior commanding officers. Also, in accordance with the order adopted by the head of the executive body of the federal level, the NSD can be established for employees who occupy other positions determined by the corresponding list of posts in the bodies of the Ministry of Internal Affairs. Employees for whom the NSD has been established are entitled to receive additional vacation days. This right is fixed by law.
What is NSD in the Ministry of Internal Affairs?
An irregular working day in the Ministry of Internal Affairs is the occurrence of a need when an employee of the Ministry of Internal Affairs can be involved in the service and in the performance of duties associated with it, beyond the established regime of service. That is, he can be involved in the performance of his duties, including at night, on holidays or on weekends. The procedure for engaging in service is determined by the executive authorities in the field of internal affairs.
Compensation for NSD
In the case of an irregular day in the Ministry of Internal Affairs, the employee involved in this kind of service should be provided with compensation in the form of rest, the duration of which corresponds to the time spent.
In the event that the employee cannot immediately use the provided vacation, then the days can be accumulated and subsequently used as an additional vacation. Such leave, at the request of the employee, may be attached to his main leave, or may be replaced with monetary compensation.
What does the irregular nature of work mean?
Let us consider a little more in detail the concept of office hours of an irregular nature.
As we noted earlier, irregular working hours in the Ministry of Internal Affairs can be established for employees who fill the positions of managers from those positions that are related to senior and senior staff. Also, the NSD can be established for other posts, which are determined by the list of posts in the bodies of the Ministry of Internal Affairs and approved by the relevant executive authority.
But we will understand what this means in practice.
The influence of the actual rank
It turns out that if an employee of internal organs occupies a position equal to or higher than the major, then the NSD will be installed for him automatically. In this case, it is necessary to understand that few people are interested in the actual rank of an employee, and only the maximum possible rank in a position (the so-called post ceiling) is of importance. For example, if an employee with the rank of colonel occupies the position of deputy chief of the pre-trial detention center, the ceiling of the post where the senior lieutenant is, then the employee will not be assigned a non-standardized working day. But if an employee with the rank of lieutenant occupies the position of head of department, where the rank is colonel, the automatic installation of an irregular working day will occur.In accordance with this, if an employee has a rank equal to major or higher, but does not belong to the management team, then the automatic setting of the irregular working day in the Ministry of Internal Affairs will be absent.
Rules for other employees
For all other employees of the internal affairs bodies, such a working day will be established in accordance with the adopted list of posts. On December 14, 2016, the Minister of the Interior signed an order in accordance with which a list of posts and units was established for which an irregular day can be set, but not set automatically. That is, an employee can independently open this list and check whether his official position belongs to this list or not.
Order for NSD
However, the decision itself to establish the NSD for each specific post remains with the respective boss, who has the right to issue an order for irregular working days in the Ministry of Internal Affairs for a specific post. That is, the position of the employee should be included in the list, which can be changed and approved by the regional leader.
Suppose an employee position is included in this list. What could this entail? The answer to this question is contained in the order of the Ministry of Internal Affairs No. 961 dated November 19, 2012 “On approval of the procedure for involving employees of the internal affairs bodies of the Russian Federation in the performance of official duties ...”.
The eleventh paragraph of this order fixes that employees for whom the NSD is established can be involved in the performance of established official duties that go beyond the normal working day. Moreover, it was established that the data of involvement in the service are episodic in nature. These employees who have worked more than expected are given additional leave, and not compensation for the time worked in the appropriate amount.
But also the twelfth paragraph states that if such an employee is involved in service at night, as well as on holidays that are days off, then compensation should be provided to him by allocating additional rest time in an appropriate amount. What does all this mean? Let's get some examples.
The difference between employees with and without NSD
If we omit the official language, the following conclusion can be drawn from this legislative act: the whole difference between an employee with a fixed irregular working day and an employee who does not have one is defined as follows.
Suppose an employee’s workweek is five days on a schedule from 9 a.m. to 6 p.m. Monday through Thursday, from 9 a.m. to 4 p.m. on Friday. At the same time, weekends are standard days - Saturday and Sunday. So, if this employee has not set an irregular working day, then in order to detain him at work on business days, it is necessary to draw up an appropriate order that will contain a justification for the reason that he is being detained. Suppose a specific plan or event is in effect. For such delays, the employee will receive compensation, and of his choice - either an additional weekend, or in cash.
And how is the irregular daytime in the Ministry of Internal Affairs calculated for daily rents?
If the same employee is involved on duty from 9-00 to 9-00 the next day, and the second weekday, and the second day off, the period from 9-00 to 18-00 on a weekday, it will be considered that the employee fulfills his duties in accordance with the internal schedule , from 18-00 to 9-00 the next day - overtime.
In case of attracting the same employee for daily duty on weekends from 9-00 to 9-00 the next day, the entire period will be considered overtime work time.
That is, if the NSD is installed for the employee, then by order of the irregularized service day of the Ministry of Internal Affairs issued by the leadership, he may be occasionally detained at work. But only until 22.00, and only on weekdays. Moreover, the legislation does not stipulate what is meant by the concept of episodicity. In this case, the employee is not entitled to compensation on weekends or in cash. And put an additional vacation in the amount of 7-9 days. That is, in accordance with this regulatory act, an employee can be detained occasionally, but every working day for a time period of up to 4 hours, and as compensation he will receive 9 additional days of vacation for an irregular working day at the Ministry of Internal Affairs for the whole year.
Weekend and Holidays Attraction
An important point is that recruiting for service on weekends, as well as holidays, or at night, is carried out on a common basis, regardless of whether the employee has been assigned a non-standardized working day or not. In both cases, the standard form of compensation is required.
Irregular working days at the Ministry of Internal Affairs: changes
In 2016, an order was issued "On additional leave for irregular working hours for employees of the internal affairs bodies of the Russian Federation." There approved the list of posts, which laid vacation. It is also said that additional leave is laid in any case, regardless of the actual processing. Its duration in the year of receipt is calculated as follows: one twelfth of the additional leave is multiplied by the number of full months worked in the Ministry of Internal Affairs. The senior officers of 10 days, senior officers of 9 days, deputies 7 days.
The nuances of an extra vacation
Now consider the nuance that relates directly to the most additional leave, which relies on NSD. In accordance with the first paragraph of the aforementioned Order, this vacation must be granted either in accordance with the schedule of annual paid vacations, or separately from this at the request of the employee. However, often the authorities are reluctant to provide this leave, citing the absence of delays, although a business day of an irregular nature was established. You should be aware that there is a right to such additional leave, regardless of how much the employee processed in excess of the established normal schedule.
Thus, in this article we examined the irregular working day in the Ministry of Internal Affairs. What is it, it became clear.