Good morning! In addition to the Order indicated by you, there is also

Article 101 of the Labor Code of the Russian Federation Irregular working hours - a special mode of work, in accordance with which individual employees can, by order of the employer, if necessary, be occasionally involved in
performance of their labor functions outside the established for them
working hours. List of positions of employees with
irregular working day is established by the collective agreement,
agreements or local normative act taken into account
opinions of the workers' representative body.
Article 119 of the Labor Code of the Russian Federation Employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by the collective agreement or the rules of the internal work schedule and which cannot be less than three calendar days.
The procedure and conditions for providing an annual additional paid
holidays for employees with irregular working hours are established in
federal government agencies regulatory legal acts
Governments Russian Federation, in public institutions
subject of the Russian Federation by regulatory legal acts of bodies
state power subject of the Russian Federation, in municipal
institutions by normative legal acts of local authorities
self-government.

You must provide additional vacation, if you have processing, your positions are also in the corresponding List to the Order.

Was the lawyer's answer helpful? + 0 - 0

Collapse

received
fee 27%

Lawyer, Barnaul

Chat

• 10.0 rating

Hello, Nadezhda Alexandrovna.

As I understand it, you are not included in the List specified in the order, therefore you are not entitled to additional leave on the specified basis.

The same norms are also spelled out in the Federal Law ON SERVICE IN THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION AND AMENDMENTS TO CERTAIN LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION

Article 53. Service time

5. An irregular working day is established for employees of the internal affairs bodies, replacing the positions of senior and senior commanding staff. Rules of the internal official regulations of the federal body executive power in the field of internal affairs, its territorial body, subdivision, an irregular working day may be established for employees holding other positions in internal affairs bodies, in accordance with the approved federal body executive power in the field of internal affairs with a list of positions in the internal affairs bodies, which is indicated in the contract. Employees for whom an irregular working day is established are granted additional leave in accordance with Part 5 of Article 58 of this Federal Law.

Appendix
to the order of the Ministry of Internal Affairs of Russia
dated 06.09.2012 N 849

SCROLL
POSITIONS OF PRIVATE, JUNIOR AND MIDDLE
OFFICIAL STAFF, IN WHICH REPLACEMENT EMPLOYEES
OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION MAY
INSTALLATION OF IRREGULAR WORKING DAY

security units traffic territorial bodies of the Ministry of Internal Affairs of Russia at the regional level ( with the exception of combat units of traffic police, centers (groups) of automated fixation administrative offenses in the field of traffic of the traffic police, departments of information support of the traffic police, as well as interdistrict departments of information support of the traffic police);

Thus, if you do not have an irregular working day, then you are not granted additional leave on the specified basis.

Sincerely! G.A. Kuraev

Was the lawyer's answer helpful? + 0 - 0

Collapse

received
fee 36%

Lawyer, Saratov

Chat

• 10.0 rating

Good afternoon. What is the reason for this refusal? The effect of the order you mentioned applies to employees

subdivisions for ensuring road safety of the territorial bodies of the Ministry of Internal Affairs of Russia at the regional level (with the exception of combat units of the traffic police, centers (groups) for automated recording of administrative offenses in the field of traffic of the traffic police, information support departments of the traffic police, as well as interdistrict information support departments of the traffic police);

Was the lawyer's answer helpful? + 0 - 0

Collapse

Lawyer

Chat

Headcount there are 12 people in our department, including a group of traffic police of five employees, respectively, there is no security and information support department!

Only 5 traffic police officers do not fall into the List of the Order, and the rest are entitled to additional leave ...

Was the lawyer's answer helpful? + 0 - 0

Collapse

received
fee 27%

Lawyer, Barnaul

Chat

• 10.0 rating

Let me clarify my answer.

I assume that you are not division for ensuring road safety of the territorial bodies of the Ministry of Internal Affairs of Russia at the regional level, but belong to the combat units of the traffic police.

I would be grateful if my colleagues correct me

Sincerely! G.A. Kuraev

Was the lawyer's answer helpful? + 0 - 0

Collapse

received
fee 36%

Lawyer, Saratov

Chat

• 10.0 rating

subdivision for ensuring road safety of the territorial bodies of the Ministry of Internal Affairs of Russia at the regional level, but belong to the combat units of the traffic police
Kuraev Gennady Alexandrovich

This is where I disagree.

According to the order of the Ministry of Internal Affairs of the Russian Federation of June 27, 2003 N 486 ON THE ORGANIZATIONAL AND STAFF STRUCTURE OF THE STSI DIVISIONS

Federations<*>are:
<*>;
- <*>
specialized battalions, companies, platoons of road patrol service Rapid response traffic police<*>;
specialized battalions, companies, platoons of the traffic police to ensure the safe and unimpeded passage of special-purpose vehicles.

And as a colleague quite rightly noted, the right to leave should be exercised by all employees of the department with the exception of

group of dps of five employees , respectively, has no security department and information support department!
Vetoshkina Nadezhda Alexandrovna

It is these five people who are assigned to the combat units of the traffic police.

The remaining employees are entitled orders Ministry of Internal Affairs of Russia dated 06.09.2012 N 849 "On additional leave for an irregular working day for employees of the internal affairs bodies of the Russian Federation"

Refusal to provide it may be appealed in court.

Was the lawyer's answer helpful? + 1 - 0

Collapse

received
fee 36%

Lawyer, Saratov

Chat

• 10.0 rating

for additional leave in accordance with part 5 of article 53 and part 5 of article 58 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 Russian Federation” and provisions
Petrov Mikhail Igorevich

The only possible justification for the refusal is a reference to the order of the Ministry of Internal Affairs of the Russian Federation of April 30, 2011 N 333 On some organizational issues and the structural construction of the territorial bodies of the Ministry of Internal Affairs of Russia, in accordance with Appendix 6 and 7 of which,

Department of the traffic police of the Ministry of Internal Affairs of Russia in the urban district "Okhinsky" of the Sakhalin Region
Vetoshkina Nadezhda Alexandrovna

will not be attributed to the structure of the territorial body of the Ministry of Internal Affairs of the Russian Federation at the regional level - xn--80aa3bdiw8c.xn--p1ai/photo/119-0-322-3?1404280092

In the event that your unit is part of the structure of a district or other link, then the refusal to leave will be justified.

Was the lawyer's answer helpful? + 0 - 0

Collapse

received
fee 27%

Lawyer, Barnaul

Chat

• 10.0 rating

will not be attributed to the structure of the territorial body of the Ministry of Internal Affairs of the Russian Federation at the regional level - xn--80aa3bdiw8c.xn--p1ai / photo / 119-0-322-3? - then the refusal to leave will be justified.
Petrov Mikhail Igorevich

Let it not be a combat unit, but it still does not apply to the units for ensuring road safety of the territorial bodies of the Ministry of Internal Affairs of Russia at the regional level.

What is wrong with my answer?

It is obvious that vacation is not allowed, what is unclear here?

Sincerely! G.A. Kuraev

Was the lawyer's answer helpful? + 0 - 0

Collapse

received
fee 36%

Lawyer, Saratov

Chat

• 10.0 rating

Gennady, do not draw conclusions on emotions. Here you need to look at the subordination of the traffic police unit, it can also be attributed to the regional level, if employees occupy the appropriate positions according to the state.

Was the lawyer's answer helpful? + 0 - 0

Collapse

received
fee 27%

Lawyer, Barnaul

Chat

• 10.0 rating

And why is the traffic police department not a combat unit?

According to the order indicated by a colleague, they are just the same as combatants.

And to what, if not combat units, does the traffic police department belong?

1. Combat units of the State Inspectorate
traffic safety of the Ministry of Internal Affairs of the Russian
Federations<*>are:
regiments, battalions, companies, platoons of traffic police traffic police<*>;
- <*>Next - the traffic police units. Within the departments
departments of internal affairs of districts, cities, districts in cities or other municipalities the creation of traffic police groups is allowed.
specialized battalions, companies, platoons of the road patrol service of the traffic police of rapid response<*>;
specialized battalions, companies, platoons of the traffic police to ensure the safe and unimpeded passage of special-purpose vehicles.

Sincerely! G.A. Kuraev

Was the lawyer's answer helpful? + 0 - 0

Collapse

received
fee 36%

Lawyer, Saratov

Chat

• 10.0 rating

in question we are talking about the traffic police department - which is neither a regiment, nor a battalion, nor a company. Moreover, there are only five traffic police officers in it. Gennady carefully read the order.

Was the lawyer's answer helpful? + 0 - 0

Collapse

received
fee 36%

Lawyer, Kaluga

Chat

the Russian Federation

ORDER of the Ministry of Internal Affairs of the Russian Federation of 06.09.2012 N 849 "ON ADDITIONAL LEAVE FOR IRREGULAR WORKING DAY FOR EMPLOYEES OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION"

In accordance with part 5 of article 53 and part 5 of article 58 of the Federal Law of November 30, 2011 N 342-FZ "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation"<1>I order:

<1>Collection of Legislation of the Russian Federation, 2011, N 49, art. 7020.

1. Determine that:

1.1. Additional leave for an irregular working day<1>provided to employees of the internal affairs bodies of the Russian Federation<2>annually in accordance with the vacation schedule simultaneously with the main vacation or separately from it at the request of the employee based on his report.

1.2. The right to additional leave arises for an employee, regardless of the actual duration of his service in excess of the normal length of service time established for him.

1.3. The duration of additional leave in the year the employee enters service in the internal affairs bodies of the Russian Federation is determined by multiplying one twelfth of the additional leave by the number of full months that have elapsed from the start of service in the internal affairs bodies of the Russian Federation until the end of the current calendar year.

1.4. In the order to grant leave to an employee, the number of days of additional leave is indicated on a separate line.

1.5. An employee who has not exercised his right to additional leave within the period specified in the vacation schedule must be granted additional leave at a convenient time for him before the end of the current year or during the next year.

1.6. Additional leave is set for the following duration:

1.6.1. Employees replacing positions of senior commanding staff - 10 calendar days.

1.6.2. Employees replacing senior commanding positions - 9 calendar days.

1.6.3. Employees replacing the positions of privates, junior and middle commanding staff specified in the attached List, and for whom an irregular working day is established by the internal official regulations, - 7 calendar days.

2. Approve the attached List of positions of the rank and file, junior and middle commanding staff, when replacing which employees of the internal affairs bodies of the Russian Federation may be assigned an irregular working day.

3. To impose control over the implementation of this order on the Deputy Minister S.A. Gerasimov.

In accordance with part 5 of article 53 and part 5 of article 58 of the Federal Law of November 30, 2011 N 342-FZ "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation"<1>I order:

<1>Collection of Legislation of the Russian Federation, 2011, N 49, art. 7020.

1. Determine that:

1.1. Additional leave for an irregular working day<1>provided to employees of the internal affairs bodies of the Russian Federation<2>annually in accordance with the vacation schedule simultaneously with the main vacation or separately from it at the request of the employee based on his report.

1.2. The right to additional leave arises for an employee, regardless of the actual duration of his service in excess of the normal length of service time established for him.

1.3. The duration of additional leave in the year the employee enters service in the internal affairs bodies of the Russian Federation is determined by multiplying one twelfth of the additional leave by the number of full months that have elapsed from the start of service in the internal affairs bodies of the Russian Federation until the end of the current calendar year.

1.4. In the order to grant leave to an employee, the number of days of additional leave is indicated on a separate line.

1.5. An employee who has not exercised his right to additional leave within the period specified in the vacation schedule must be granted additional leave at a convenient time for him before the end of the current year or during the next year.

1.6. Additional leave is set for the following duration:

1.6.1. Employees replacing positions of senior commanding staff - 10 calendar days.

1.6.2. Employees replacing senior commanding positions - 9 calendar days.

1.6.3. Employees replacing the positions of privates, junior and middle commanding staff specified in the attached List, and for whom an irregular working day is established by the internal official regulations, - 7 calendar days.

2. Approve the attached List of positions of the rank and file, junior and middle commanding staff, when replacing which employees of the internal affairs bodies of the Russian Federation may be assigned an irregular working day.

3. To impose control over the implementation of this order on the Deputy Minister S.A. Gerasimov.

Minister
police lieutenant general
V. KOLOKOLTSEV

Appendix

Appendix
to the order of the Ministry of Internal Affairs of Russia
dated 06.09.2012 N 849

LIST OF POSTS OF PRIVATE, JUNIOR AND MIDDLE OFFICIAL STAFF, IN WHERE THE EMPLOYEES OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION MAY BE ESTABLISHED WITH IRREGULAR WORKING DAY

Positions of all titles:

departments for operational management forces and means of the internal affairs bodies of the Russian Federation, including duty units;

criminal investigation units;

Operational search units;

Divisions of special technical events;

subdivisions of operational-investigative information;

divisions of own security;

units for countering extremism;

divisions economic security and combating corruption;

subdivisions for ensuring the security of persons subject to state protection;

investigative units;

forensic divisions;

subdivisions of district police officers;

Units for juvenile affairs, including units for the temporary detention of juvenile offenders;

subdivisions for ensuring road safety of the territorial bodies of the Ministry of Internal Affairs of Russia at the regional level (with the exception of combat units of the traffic police, centers (groups) for automated recording of administrative offenses in the field of traffic of the traffic police, information support departments of the traffic police, as well as interdistrict information support departments of the traffic police);

divisions of private security;

divisions of inquiry;

headquarters units;

legal departments;

Inspections;

Control and audit departments.