Compensation for unused vacation for police officers
Service in the Ministry of Internal Affairs is regulated by Federal Law No. 342-FZ, issued on November 30, 2011. This document regulates all the main issues of labor relations between employees and the employer, but does not abolish the Labor Code of the Russian Federation.
- Article 56 of Federal Law No. 342.
- Article 260 of the Labor Code of the Russian Federation.
Police officers have the right to take an annual break from duty, receiving payments during the leave provided and retaining their position. The expanded range of vacation periods and their longer duration are associated with the difficulties that accompany work in the authorities.
When calculating vacation, mandatory nuances should be taken into account. The most important thing is its duration; by law it should not exceed 60 days a year. For example, when we are talking about an employee who has served for more than 20 years, he has the right to take:
- 30 main days.
- 16 additional.
- And no more than 10 on weekends and holidays.
The result is 55 days, to which travel days can also be added.
The calculation of vacation time is made taking into account the monetary allowance that is accrued to the vacationer during the period of service. As for the payment of accrued amounts, they are made in advance, before the start of the vacation, but no later than the last working day.
The main document that regulates the rest time of internal affairs officers (police officers) is 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”
In accordance with this document, police officers are entitled to three main (main) types of leave: 1. Basic paid annual leave 2. Additional annual leave 3. Leave for personal reasons
We have prepared a summary of this law, which briefly and clearly describes the leave of police officers. Features of leave for police officers: - restrictions on the first year of service: if the length of leave of a police officer upon entering the service is less than 10 calendar days, then such leave is transferred to the next year - the main leave for the second year and subsequent years of service are provided at any time in accordance with the vacation schedule - additional leaves are summed up with each other and can be provided either together with the main leave, or separately - at the request of the employee - the total duration of leave cannot exceed 60 calendar days, while travel to and from your vacation destination is not included in the 60 days.
This paragraph does not apply to employees working in the Far North or equivalent areas - part of the main leave of a police officer can be replaced by monetary compensation; currently, this is part of the leave that exceeds 30 calendar days of the main leave.
Substitution of leave is not allowed for police officers serving in areas with unfavorable conditions. — female police officers are entitled to parental leave, as well as maternity leave in accordance with labor legislation.
Male police officers have the same right if they are raising a child alone. - if a police officer is transferred to another area, then leave is provided at the old place of work, but if this is not possible, then leave is transferred to the new place of work
Let's take a closer look at each type of leave for police officers. Basic leave of a police officer. - police officers are entitled to annual paid leave of 30 calendar days (45 calendar days for areas with unfavorable conditions) - weekends and non-working holidays are not included in the vacation period (for up to 10 days) - if the police officer did not take his leave on time , then it can be postponed to the current or next calendar year, but no further - police leave can be divided into 2 parts, but one of the parts must be at least 14 calendar days - police officers have the right to additional days of leave, which are spent on travel to and from your vacation destination.
Additional leaves for police officers. The following types of additional leave are distinguished: - for length of service: from 10 to 15 years you are entitled to an additional 5 calendar days, from 15 to 20 years - to an additional 10 days, for length of service exceeding 20 years - 15 days of service;
Postponement or extension of leave of a police officer. Leave (main or additional) of police officers is postponed in the following cases: - in case of temporary disability (illness); - when performing government duties during vacation;
Leave for personal reasons Leave for personal reasons is granted to police officers for a period of no more than 10 calendar days (excluding travel time) in the following cases: - serious illness or death of a close relative (spouse, parents, children, brothers, sisters);
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- with 20 years of service or more - in any of the last three years until the age limit for service is reached; - in the year of dismissal from service due to health conditions; - in the year of dismissal due to reduction in position; - to an employee after he reaches the age limit for being in service.
The specified leave is granted only once during the entire period of service.
Recall of a police officer from leave A police officer may be recalled from leave in the following cases: - with the consent of the officer - in cases where the absence of the officer makes it impossible for the body to carry out its basic functions - without the consent of the officer - in special cases (military, state of emergency, emergency situations) .
The unused portion of the vacation must be provided in the current or next year at a time convenient to the employee.
Comparison of leaves of police officers and persons working under labor laws (instead of conclusions) Leaves of police officers and leaves of persons working under labor laws (hereinafter, civilian employees) are regulated by different laws, but in general the situation in the number of days of leave is similar.
Serious differences arise in cases where police officers are granted leave for long service; for civilian employees, such situations can only occur in the case of additional contracts, while for police officers they are provided for in federal law.
In addition, police officers are not entitled to unpaid leave, while civilian employees are granted similar unpaid leave. It is also important to note that there is a gradual convergence of labor law and the law for internal affairs officers, for example, maternity leave, as well as leave for the birth of a child, are regulated precisely by labor legislation, to which there is an explicit reference in the law for police officers.
For me, as an employee of the Ministry of Internal Affairs, for many years of work experience and the performance of a fairly wide range of official, often dangerous powers, the law has established special guarantees, different compensation plans and preferential offers.
One of the most common guarantees is the provision of vacations on particularly comfortable and favorable terms. In the article I will describe what categories of rest are available to employees in our field, what the peculiarity of vacation benefits is, and how to draw up a report for the next days of rest. Each part of the question will be considered in as much detail as possible.
The temporary period of the main vacation is 30 days. The period provided does not include holidays and Sundays, but Saturdays are included in the number of days. In the generally accepted vacation system for employees of the Ministry of Internal Affairs, the period of required rest is distributed according to a special schedule. It is compiled a year in advance.
Departure is made later than the 10th day of the month that was planned according to the established schedule. It is important to have time to use the non-use of the main legal vacation time in the current reporting year in the first quarter of the next reporting year. This right is valid until March.
After 10 years of continuous service in the departments of the Ministry of Internal Affairs, a person acquires the legal right to use additional days for vacation. This is a kind of reward for length of service, and its duration in days is calculated in direct proportion to the years worked:
- 10 years – 5.
- 15 full years – 10.
- 20 years worked – 15.
In the process of granting this form of leave, both days off are taken into account without fail. According to generally accepted rules, an additional plan vacation is given simultaneously with the main one only if we are talking about a 5-day vacation period.
This form of rest is provided to restore physiological reserves after completing tasks related to the protection of the general state system of the Russian Federation. The total duration of such a vacation is exactly 30 days.
What holidays are available?
Rest for police officers is regulated by Federal Law No. 342. As it states, leaves for employees of internal affairs bodies are provided for the following;
- basic;
- additional;
- for personal reasons;
- other.
Main holiday
We list the most important rules according to which it will be provided to the police:
- They must rest every year for 30 days. For the first year of service, the duration will be determined by the number of months worked using a simple formula: the number of days allotted per year is multiplied by the number of months worked and divided by 12. For example, if an employee has been working since the beginning of May and has worked for 8 months, he will receive: 30 x 8 / 12 = 20 days.
- If he started service in October, worked for 3 months and thus received: 30 x 3 / 12 = 7.5 days, then these days will not be issued as a separate leave, but instead they should be added to the next one. This is true for all vacations during the first year of work, unless their duration reaches 10 days.
- If special circumstances arise, it is permissible to postpone the previously agreed and scheduled vacation by order of the manager. If this happens, then the employee must be compensated later - after the circumstances cease to apply and such an opportunity arises, he will receive priority in choosing the time.
- Additional vacation can be combined with the main one, but there is a limitation - the total duration of the resulting vacation should not be more than 60 days in a row. However, if it takes time to travel to the place where the vacation will be spent, it is not taken into account in its duration, as well as the time for returning.
- It is also possible to divide the vacation into an arbitrary number of parts, but there is a condition that cannot be violated - the largest part must consist of at least 14 days. And no matter how many parts the employee wishes to divide his vacation, travel time will always be given only once a year.
- Vacation days over thirty, if the employee wishes, can be replaced with financial compensation. It will be determined based on the amount per day multiplied by the number of days of replacement.
- If a transfer to another place has occurred, then the remaining unused leave should be provided at the old place, and only if this is not possible, in a new way.
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There are several types of additional vacations for police officers. This:
- For length of service - it is given from the following calculation:
- for a service life of 10 years or more – 5 calendar days;
- from 15 years – 10 days;
- from 20 years – 15 days.
- For service in harmful or special conditions – from 10 days.
- For irregular working hours – from 3 to 10 days.
This type of vacation can be taken any number of times, depending on the circumstances. However, its duration is no more than ten days. We list the circumstances in connection with which it is provided:
- serious illness or death of a close relative;
- a fire or other natural disaster that caused injury to an employee or his immediate family;
- the employee requires psychological rehabilitation;
- the birth of a child in the family;
- other special cases.
In addition, we can highlight one more leave, also granted for personal reasons, but having other parameters: it is given only to an employee with twenty years of experience or more, at the end of his service - or before retirement (no more than three years before) , or before reduction. It lasts, like a regular one, thirty days, while the salary is retained by the employee.
Other holidays
In addition to these categories, there are other leaves for police officers. First of all, these are vacations in connection with pregnancy and childbirth, but along with them also creative ones, related to training and others provided for by Russian legislation.
Let us briefly summarize the main features inherent in police leave:
- If in the first year of service the vacation does not reach ten days, it will simply be added to the next one.
- You can divide the main vacation, but in such a way that there remains a part that lasts at least fourteen days in a row.
- Additional rest can be transferred so that it joins the main one, or taken separately - this is determined by the desire of the employee himself.
- You cannot get a vacation lasting more than sixty days in a row - if an employee has the right to more days, then it will have to be divided into several parts. This rule does not apply to employees working in the Far North or in areas equivalent to it.
We invite you to familiarize yourself with: The maximum validity period of a temporary registration for citizens of the Russian Federation, for how long the temporary registration is made
Vacation for police officers: duration and payment of vacation time
In practice, compensation for leave that was not used during the period of service is paid only upon dismissal from the internal affairs bodies. If vacations from previous years, basic or additional, were not used, they are also subject to compensation.
Difficulties arise in the payment of compensation for the unused part of the vacation in the year when the dismissal of a police officer is formalized. The fact is that upon dismissal, only those employees who were dismissed can receive compensation for unused annual paid leave:
- due to retirement due to long service;
- upon reaching the maximum possible age for service in the police department;
- due to deteriorating health;
- to reduce the position the employee held;
- due to the end of the police officer’s tenure at the disposal of the territorial executive body of the police department, division or federal body;
- due to the detection of a disease;
- due to violation of the terms of the employment contract by an authorized manager;
- due to the lack of possibility of transfer or due to the police officer’s refusal to transfer to another position in the police department;
- due to refusal to transfer to another position, the need for which is caused by close relationship or affinity with the authorities.
If a police officer is fired for other reasons, he will be paid compensation for unused vacation in proportion to the length of service in the year of leaving work.
A police officer has the right to claim compensation for unused additional rest that should have taken place in the year of dismissal, calculated in proportion to the length of service in the year of dismissal, if the rest was due:
- for working under irregular working hours;
- for work under special conditions;
- for performing official duties in harmful and dangerous conditions;
- for length of service in the police department.
We invite you to read: Dismissal due to the hiring of a main employee. Part-time workers: how to terminate an employment contract? Dismissal of a part-time worker under Art.
Payment
There are currently several types of leave available to police officers that they can use as needed.
However, not all of these types of leave are available to all police officers. Each of these types of leave has its own characteristics of provision.
Annual basic leave is granted to a police officer if he has worked in the department for more than ten days during the current calendar year (counting from the date of employment).
The maximum period of such leave is 30 calendar days. Its duration excludes weekends and
holidays
, but no more than five pieces, which allows you to maximize the total duration of vacation by a maximum of 5 days.
If an employee gets a job and has worked for less than 10 days since employment, then his vacation in full is transferred to the next year. However, in this case it will not be possible to take all 60 days off at once - you will have to split up your vacation.
If we are talking about additional leave, it is provided only after ten years of service. In the period from the tenth to the fifteenth year of service, only 5 days can be added to the annual basic leave, resulting in a total duration of leave of no more than 35 days per year. From the fifteenth to the twentieth year, 10 days are added to the annual basic leave and the total duration of such leave is 40 days. And starting from the twentieth year of service, the vacation period increases by 15 days.
Annual additional leave can be used in conjunction with the main one, and is also subject to transfer to the next year, but at the same time a police officer cannot be on leave for more than 60 days.
Study leave
Study leave is granted to a police officer if he either needs to continue or complete training, or undergo training for the purpose of advanced training or professional retraining. Its provision is possible only if the police officer has provided documents confirming the need for such study leave.
If this is a second education or advanced training, then leave is granted without pay.
Another type of leave is family leave. It is provided in cases where a police officer needs to be with his family when the annual main or additional leave has already been fully used.
Most often, such leave is granted in cases of illness, death of a close relative, wedding (your own or a close relative), as well as in cases where emerging family circumstances require the mandatory presence of a police officer as one of the close relatives. Such leave is provided for no more than 10 days in total duration.
If a police officer requires travel to his place of stay, the time spent on travel is not included in the ten days specified.
As for maternity leave, it is provided on the basis of specially received sick leave, issued by the antenatal clinic to the expectant mother 70 days before the planned date of birth of the child. After giving birth, before the start of maternity leave, the expectant mother also receives 70 days to recover.
If there has been a complicated birth, an additional certificate of incapacity for work is issued in addition to the sick leave, which indicates that the main sick leave should be extended. Based on this, a special order is issued indicating the new duration of maternity leave.
In the case of a complicated pregnancy (multiple), maternity leave begins not at the thirtieth, but at the twenty-eighth obstetric week of pregnancy, and is also extended after childbirth, resulting in a total duration of 196 days instead of 140.
After the end of maternity leave, a police officer, at her request, is granted leave to care for a child until the child reaches the age of three years (cash benefits are paid until the child reaches the age of one and a half years, further payments remain entirely at the discretion of the police officer’s management).
The right to be granted leave before dismissal begins after a police officer has reached twenty years of service in his service.
In cases where we are talking about dismissal for failure to fulfill one’s official duties or upon recognition of him as completely unsuitable for his position, such leave is not granted.
The duration of such leave is 30 days, and it is granted regardless of whether the main or additional annual leave has been fully used. If an employee refuses to use such leave, he is provided with compensation for the fact that such leave is not used.
Rehabilitation (another name is presidential) leave is provided not only for police officers, but also for military personnel who were in difficult mental or physical conditions, where they could experience serious inconveniences requiring mandatory restoration of their mental or physical state.
Granting presidential leave is possible only if its need is formulated in a special conclusion of the military medical commission. Based on this conclusion, an order for assigning leave is formed.
Payment for the granted leave occurs on the basis of a report sent to the head of the territorial unit to which the police officer is assigned.
To determine the amount to be paid as vacation pay, information is used on the salary of a specific police officer, which is paid on the basis of the salary amount, additional bonuses for length of service, for rank and complexity of service in a particular unit.
Accounting for average earnings, typical for civilians, is not used in this case.
https://youtu.be/0cMsJl8CGPw
If a police officer, as well as members of his family, require travel to a vacation destination, the cost of tickets is also subject to mandatory compensation. Payment of such compensation occurs either on the basis of the tickets provided (after their use), or on the basis of a preliminary report on reimbursement of travel costs. The preliminary report indicates the amount that the police officer spent on purchasing tickets to the vacation spot.
If we are talking about study leave, then payment for travel to the place of study does not occur if we are talking about advanced training or second and subsequent higher education. In the case of the first higher education, payment is made on the basis of the tickets provided.
Since employees of the Ministry of Internal Affairs perform work that poses a danger to life and health, the legislation provides for them various benefits, compensation, and the like. Among other things, they are granted increased leave, and in addition to this, they are also entitled to additional leave for length of service.
The temporary period of the main vacation is 30 days. The period provided does not include holidays and Sundays, but Saturdays are included in the number of days. In the generally accepted vacation system for employees of the Ministry of Internal Affairs, the period of required rest is distributed according to a special schedule. It is compiled a year in advance.
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Departure is made later than the 10th day of the month that was planned according to the established schedule. It is important to have time to use the non-use of the main legal vacation time in the current reporting year in the first quarter of the next reporting year. This right is valid until March.
After 10 years of continuous service in the departments of the Ministry of Internal Affairs, a person acquires the legal right to use additional days for vacation. This is a kind of reward for length of service, and its duration in days is calculated in direct proportion to the years worked:
- 10 years – 5.
- 15 full years – 10.
- 20 years worked – 15.
In the process of granting this form of leave, both days off are taken into account without fail. According to generally accepted rules, an additional plan vacation is given simultaneously with the main one only if we are talking about a 5-day vacation period. Employees of the Ministry of Internal Affairs, who have the official right to additional 10 and 15 days, can take them separately from the main leave.
This form of rest is provided to restore physiological reserves after completing tasks related to the protection of the general state system of the Russian Federation. The total duration of such a vacation is exactly 30 days. The official basis for receiving this form of leave is a medical report received at the clinic.
According to the current law for the Russian Federation, an employee in certain life situations can postpone the vacation or, if necessary, extend it. This option will be most useful in the following common life situations:
- Sudden onset of illness and temporary disability;
- Receipt of a certain service task;
- Other situations provided for by current legislation;
- Personal family circumstances.
Extension of leave is carried out only on the basis of a special order received from the boss and if there is a sufficiently significant reason. There are some important points regarding the onset of temporary disability. Vacation with this factor can be postponed without problems to the desired time period. As for the sick leave, this document, issued on the basis of the child’s incapacity for work, is not extended.
The main legislative aspects of this issue are reflected in Art. 260 of the Labor Code of the Russian Federation and in Federal Law No. 342.
The legislative basis for such an issue is not limited to the documentation presented above. Additional data on the basis of which such labor aspects of law enforcement officers are implemented are also contained in the ed. Order of the Ministry of Internal Affairs (No. 1010).
Procedure for provision
Leave for employees of the Ministry of Internal Affairs is granted in accordance with the standard procedure for the Russian Federation. At the end of the year, each department draws up its own priority schedule for the next year. It must be adhered to whenever possible, although the law does not prohibit changes to it during the year.
The transfer is most often the initiative of the hired person; in this case, he is obliged to submit a report in which he expresses a request for leave at a different time. But even without rescheduling the rest, the procedure begins with a report.
It doesn’t matter whether the vacation is issued according to a report or according to a schedule; the main thing is that before it is issued and the salary is calculated, an order must be issued. He gives the go-ahead for the preparation of documentation and the calculation of vacation compensation.
Employee report
A report is actually also a statement, so when writing it, the same rules apply as for civilians. The report should include the following information:
- The name of the department of the Ministry of Internal Affairs in which the vacationer serves.
- Full name of the boss in the name of whom the document is being submitted.
- Information about the applicant himself.
- Request for leave.
- The start and end date of the holiday, including travel, if applicable.
- Resting-place.
- The type of transport the policeman will use to get to the resting place.
The report is signed by the vacationer personally and, after stamping the date, is submitted to the personnel department. The personnel officer must note on the form whether the vacation is taken on schedule or outside of it.
Manager's order
A positive decision to grant a vacation period is expressed in an order from the manager. It is published in a standard manner and contains the following information:
- Who is given leave - full name, position, title.
- Date the vacation starts and ends, including travel time there and back.
- Total duration of absence.
The order, among other things, provides instructions on compensation for travel expenses. The document is signed by the manager and sent to the vacationer for review.
Orders are issued not only due to the provision of vacation periods, but also when recalling from vacation, transferring or dividing periods.
Before leaving
N 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 a service record in the internal affairs bodies in calendar terms of 20 years or more in any year of the last three years before reaching they are at the age limit for serving in the internal affairs bodies or in the year of dismissal from service due to health conditions or in connection with the reduction of position in the internal affairs bodies, at their request, they are granted leave for personal reasons for a duration of 30 calendar days with the preservation of monetary allowance.
The specified leave is also granted to an employee who, in accordance with this Federal Law, serves in internal affairs bodies after reaching the maximum age for service and who has not used this leave before. Economy class (Premium) 2 pieces of 23 kg each. Economy class 1st place 23 kg.
no more than 203 cm in the sum of three dimensions. Note that these are free baggage allowances, and you will be allowed on the plane with an excess. Kilograms in excess of the specified norm are paid separately at the rates provided by the airline. Baggage allowance Aeroflot, Transaero Baggage allowance 1pc what is it{q} Some airlines use the so-called piece system, when it is allowed to carry a certain number of pieces of luggage. Typically the piece system is used in America.
It must be provided to the employee upon dismissal, except in cases where he is fired for gross violations of discipline. This vacation period is sometimes compensated by a monetary payment, and its duration is equal to the standard vacation of a police officer - 30 days. But to get it you need to have 20 years or more of experience.
We invite you to familiarize yourself with: Order of the Chamber of Commerce and Industry of the Russian Federation dated December 21, 2020 No. 94 “On the Procedure for filling out examination reports to determine the country of origin of goods and the compliance of goods with the requirements of the Decree of the Government of the Russian Federation dated November 30, 2020 No. 1289 “On restrictions and conditions for the admission of occurring from foreign countries of medicines included in the list of vital and essential medicines for the purpose of procurement to meet state and municipal needs"
Let us note an important fact: in this case, the employee’s service ends on the day before the start of the vacation, that is, it will no longer be possible to extend it as usual.
Family leave for employees of the Ministry of Internal Affairs
How to take leave at your own expense, the maximum period under the Labor Code of 2020, the conditions and principles of registration, all this is in the article at the link.
The main type includes annual paid regular time. Additional types include all other types, namely:
- due to family circumstances (for example, in connection with a wedding);
- for service;
- without saving;
- to complete the session;
- creative;
- in connection with pregnancy;
- for child care;
- as participants in hostilities;
- upon retirement.
Family leave time is always unscheduled (unlike, for example, paid study leave). The duration of this type is determined by the management of the structural unit depending on the importance of personal circumstances. The law sets limits - up to 10 days. The calculation is made taking into account weekends.
If we are talking about employees of the Ministry of Internal Affairs in the north of Russia, then the situation is a little different. The answer to the question of what is preferential leave for northerners in 2020, the law, travel costs, and other points - it's all here.
One of the grounds for providing time off for personal reasons is the birth of a baby in the family of a police officer. The father is entitled to up to 10 days at the discretion of management.
Upon the birth of a child, a female police officer is given time until the child reaches the age of three, according to the general rules prescribed in the legislation of the Russian Federation. Cash support is provided until the child is one and a half years old.
All employees of an official department, without exception, are provided with two types of vacation, based on a well-written report - main and additional vacations. The main category includes annual paid vacation. Additional ones include:
- Going on leave for family and personal reasons, a wedding, for example;
- Yearly service;
- For a study session at a university;
- Creative vacation;
- Official maternity leave and subsequent child care;
- Rest for participants in combat operations;
- Retirement.
The duration of vacations in the additional category can be different - unplanned, if family circumstances require it, and planned according to the terms, for example, fully paid educational leave.
As for the duration of rest, it is determined by the manager of the structural department in which the employee works, and personal circumstances and the current life situation also matter.
One of the most common vacation options classified as family reasons is the birth of a baby. In this case, the father is given up to 10 legal days of rest, but the more precise time is determined by the management.
If a female employee of the Ministry of Internal Affairs goes on maternity leave, she is given rest until the baby turns three years old. The employee is entitled to financial support until the child is one and a half years old. This rule is provided for by modern legislation.
We invite you to read: Study leave during maternity leave
An employee of the Ministry of Internal Affairs has the right to submit a report before going on basic and additional official leave. Basic annual leave is provided according to the schedule and paid from the department's budget. Additional vacations are of the following types:
- for family reasons;
- for length of service;
- upon retirement;
- provided to combat participants;
- newborn care;
- during pregnancy;
- to complete the session;
- creative;
- without saving.
If an employee of the Ministry of Internal Affairs wishes to go on leave for family reasons, he must explain the reasons for going on vacation to his superiors so that management can determine the duration of the vacation. In any case, current legislation prohibits approval of the duration of such leave for more than 10 days, including weekends.
Calculation features
There are many features regarding the calculation of vacations for employees of the Ministry of Internal Affairs. All of them must be taken into account to avoid mistakes.
How is it calculated?
Annual leave for a police officer is calculated as follows:
- main – 30 days;
- for length of service - 15 days;
- weekends – no more than 10 days.
In this case, the employee’s total vacation can be a maximum of 55 days per year.
Additionally, the leave granted to an employee of the Ministry of Internal Affairs may include the time required to travel to the place of rest.
Leave to employees of the Ministry of Internal Affairs must be paid before it begins. Most often, this operation is carried out on the last working day.
Learn more about how it is produced
vacation accrual
, you can find out from our article.
Read about how to pay for vacation travel at the Ministry of Internal Affairs here.
Is notification required for the start of vacation? Information here.
The regulatory document “Procedure for payment of travel for employees of internal affairs” implies the payment of monetary compensation based on the costs incurred as a result of the need to pay for travel to the place of vacation.
Order of the Ministry of Internal Affairs of Russia dated May 16, 2012 N 514
The employee is going to travel abroad by plane. At the same time, Article No. 325 of the Labor Code of the Russian Federation requires an employee to pay only for travel within the territory of the Russian Federation. In accounting expenses, it is possible to take into account only payment for flights within the territory of the Russian Federation - clause 7 of article No. 255. From the airport to the employee’s place of residence – 700 km.
In this case, only the amount necessary for travel to the place of departure abroad is paid. The cost of 92 gasoline is 33 rubles. The journey will be carried out in a Daewoo Nexia; in the combined cycle it will spend 7 liters on this journey.
7 l × 7 × 33 × 2 (way to the general side) = 3,234 rubles
It is this amount that the employee has the right to receive from the accounting department to pay for his two-way travel.
The vacation of an employee of the Ministry of Internal Affairs is associated with a large number of nuances regarding its calculation and registration. It is necessary to take all of them into account in order to avoid the emergence of controversial situations.
Attention!
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
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N 878 “On the establishment of monthly salaries for employees of internal affairs bodies of the Russian Federation”; Decree of the Government of the Russian Federation of December 30, 2011
(as amended on December 25, 2012) “On measures to improve the work of determining qualifications
If an employee is hired for a period of less than one year, the vacation order reflects a reduced working year depending on the duration of the contract with the employee.
The most relevant articles on the topic from the practical magazine "" When calculating vacation in 2020, the previous ones apply; a new law defining it has not been adopted. Includes payments provided for.
reflected in paragraph 2 of the Regulations under No. 922.
For example, payments include:
- ;
- compensation payments related to the established work schedule, working conditions, including bonuses and other remuneration.
- and other additional payments: for class, profession, length of service, etc.;
When determining average earnings, do not forget what you need to exclude. For example, these include vacation pay. Read tips on how to calculate vacation pay in 2020 from experts ""
Included Not included
x 14 days
We invite you to familiarize yourself with: Staffing table taking into account the new minimum wage
= 19,112.66 rub. Info Example 3 The teacher is paid 23,000.0 rubles. per month. Let's calculate compensation for 8 months.
works:
- total vacation period - 56 days;
- RUB 784.98 x 37.36 days.
- for 8 months:
- average daily earnings: 23,000.0 rub. / 29.3 = 784.98 rub.;
= 37.36 days;
drops out:
- 56 days / 12 months = 4.67 days;
Payment of a one-time benefit In accordance with the Federal Law of November 19, 2011 No. 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” to employees whose total duration of service in internal affairs bodies is 20 years and Moreover, upon dismissal from service in the internal affairs bodies, a lump sum benefit is paid in the amount of seven salaries, and employees whose total duration of service in the internal affairs bodies is less than 20 years, upon dismissal from service in the internal affairs bodies, are paid a lump sum benefit in the amount of two cash salaries.
N 447, subclause 2.2 was amended 2.2. The period of continuous work for granting employees annual additional paid leave includes the length of service that gives the right to receive a percentage bonus for continuous work in the system of the Ministry of Internal Affairs of Russia, as well as the length of service that gives the right to receive a monthly bonus for length of service to employees of certain departments of the internal affairs bodies and internal troops of the Ministry of Internal Affairs of Russia, payment for which is made in accordance with the Government of the Russian Federation of August 5, 2008.
Compensation for unused vacation for police officers
In addition to payment for rest days, travel to the sanatoriums of the Ministry of Internal Affairs is also compensated. For employees of departments serving in the North, payment for travel to other venues has also been retained.
The report is an internal document of the Ministry of Internal Affairs system. The vacation departure report must contain:
- Name of the police authority;
- Information about the employee;
- Exact date of departure;
- Type of recreation;
- Painting and number.
The report is marked by the personnel officer stating that the vacation is on schedule, after which it is submitted for approval to the head of the department of the Ministry of Internal Affairs.
This form of monetary reward is provided only for the time that follows the required 30 days. Despite the existing rule, in practice such a replacement is not used. In relation to employees of the Ministry of Internal Affairs working in the northern regions, as well as to those who serve in conditions harmful to general health, monetary compensation will not be established.
A special advantage of this form of leave is the possibility of receiving compensation for travel to specialized sanatoriums of the Ministry of Internal Affairs. In relation to people working in the northern regions, the law provides for payment of travel to other more comfortable places of rest.
Due to the fact that employees of the Ministry of Internal Affairs are subject to a wide range of powers that involve risks to health and life, the state guarantees employees an expanded range of benefits and compensation. The guarantees also apply to holidays. Let's find out whether the Ministry of Internal Affairs is entitled to compensation for vacation.
Question No. 1: Will compensation for unused vacation be included in the number of payments due to the family of a Ministry of Internal Affairs employee who died while serving?
Answer: Yes, by way of inheritance compensation will be paid for vacations, salary for the month in which the employee died, as well as other payments to which the policeman was entitled at the time of death.
Question No. 2: Is it possible for an employee of the Ministry of Internal Affairs to receive compensation upon dismissal for all basic and additional vacations unused during the last two years?
Answer: Yes, a dismissed employee of the Ministry of Internal Affairs has such a right.
Other types of vacations
An ordinary person, when personal reasons arise, takes several days at his own expense. But the police provide the opportunity to go on paid leave for personal reasons. Its duration is limited to 10 days, although it can be provided an unlimited number of times during the year. But to obtain it you need special reasons. This list includes:
- death or serious illness of a close relative (their list is strictly defined);
- natural disaster affecting the employee or his family members;
- the need to undergo psychological rehabilitation.
https://www.youtube.com/watch{q}v=0cMsJl8CGPw
Other circumstances are also possible - decisions are made based on employee reports. Moreover, during the vacation period, departure to the desired location is not taken into account.
Another type of leave is leave for a police officer upon retirement. The legislation reserves for such a person the right to use the days he has not taken off before leaving for a well-deserved rest. It is also possible to receive monetary compensation. Here everything will depend on the desires of the person himself.
Documents for required leave
Leave to employees of the Ministry of Internal Affairs organization is granted on the basis of such important documents as:
- A report written personally by a law enforcement officer. It is drawn up in a special form.
- A vacation schedule drawn up and officially approved by the governing body.
- Official order from the manager.
Vacation or receipt of appropriate compensation is possible only after a confirmed official report. This factor is confirmed by a special order.
Writing a report is quite simple. At the very top of the document there is a standard header, where the name of the department and the full name of the manager are noted. The text of the report itself is written in the central part. The reason for taking the next vacation, its category and other information are written down here.
Review from vacation
A special feature of the vacation for employees of the Ministry of Internal Affairs is that their superiors can recall them from vacation. The call can occur if one of two important conditions is met:
- Consent of an employee of the Ministry of Internal Affairs.
- The manager himself gave direct consent to the call and signed an official order for this.
According to Article No. 64 of the Federal Law, a call is made only if, due to the absence of an employee, the organization cannot fulfill its direct duties.
At the same time, there are certain situations in which an official recall of an employee of the Ministry of Internal Affairs is allowed, without obtaining his prior consent. Federal law defines all situations that fall under the definition of a martial law emergency.
If, after an employee is recalled, he has unused vacation time, it is applied at any period convenient for the employee. When the total duration of such time is 10 days or more, it is possible to increase its duration by the time that needs to be spent on the road to the place of the planned vacation. In such a situation, the employee will only be paid the cost of travel.
Leave for an employee of the Ministry of Internal Affairs at the birth of a child
A type of additional leave granted for family reasons is leave for the birth of a child in a police family. If the father of a newborn is in the police, the authorities will release him for a maximum of 10 days.
If the child’s mother is a police officer, she will have to go on maternity leave from birth until the child is one and a half years old, and then until the child reaches three years of age - as is the case with any other employees of budgetary and commercial enterprises.
Until the child turns 1.5 years old, his mother will receive benefits on a general basis, provided to provide the child with everything necessary during the vacation period.
Benefits for pensioners of the Ministry of Internal Affairs in 2020: registration procedure and conditions of appointment
Unlike military personnel, banks do not provide benefits to pensioners of the Ministry of Internal Affairs in 2018. You can build or buy your own home in any locality by resorting to standard offers from different banks. Many lenders have special terms for older people, and if a pensioner is able to provide security, the terms will be more attractive. In order to take advantage of the offer, you must have a certain amount of money for the down payment, and for this you can use maternity capital or a one-time social payment. To reduce the interest rate, it is worth considering products developed by banking structures together with developers.
This is important to know: Travel time for a military personnel on vacation