Meanwhile, the duration of the weekly service time for regular military personnel should not exceed 40 hours.

Is it real?

Currently, a number of military units, formations, institutions and organizations continue to experience cases of systematic violations by the command of the legal rights and freedoms of military personnel serving under contract. There is only one preposition - "official necessity". First of all, this applies to the length of official time.

Paragraph 1 of article 11 of the Federal Law of the Russian Federation "On the Status of Military Personnel" of May 26, 1998 stipulates that " the total duration of the weekly time of military personnel serving under a contract must not exceed the normal duration of weekly working hours established by federal laws and other regulatory legal acts of the Russian Federation."

What is commonly understood by the definition of "weekly working hours" in the current legislation of the Russian Federation? In order to put everything in its place, we will consider a number of terminological definitions.

WORKING TIME - the period during which an employee (employee) actually (according to the legislation) fulfills his / her labor duties (otherwise - labor time). In the most general form, working time is the time that an employee, employee (in our case, a contract serviceman) devotes to work (performing military service duties).

WORKING DAY - the length of working hours established by law during the day.

WORKING WEEK - the length of working time established by law or by a collective (individual) agreement (contract) during a calendar week.

The standard length of working hours is established by law and is the same for all enterprises, institutions and organizations, regardless of the types and forms of ownership and civil status. The maximum length of working hours in the Russian Federation is regulated by the weekly standard of working hours. Working hours may not exceed 40 hours per week (Article 42 of the Labor Code of the Russian Federation). In addition to the number of working hours, the number of working days per week is also set. Currently, there are two types of working week: a 5-day week with two days off and a 6-day week with one day off.

In military units, the commander in the order for the training period establishes the daily routine and service time regulations so that "constant combat readiness is ensured and conditions are created for conducting organized combat training of personnel, maintaining law and order, military discipline and education of military personnel, improving their cultural level, comprehensive household services, timely rest and eating" (Article 225 of the Statute of the Internal Service of the Armed Forces of the Russian Federation).

Clause 4 of Article 11 of the Federal Law "On the Status of Military Personnel" specifies the minimum number of days of rest for contract servicemen - at least one day of rest weekly, but at least 6 days of rest per month. Thus, it can be concluded that the legislation gives the commanders of military units the opportunity to establish a kind of" mixed type " of the working week with both two days off and one. The difference between working weeks will consist in the number of days allocated for military personnel to rest under the contract: in one week there will be 5 working days and two days off, and in the other - 6 working days and 1 day off.

For a 6-day working week, the Labor Code of the Russian Federation also defines the maximum duration of the working day, which should not exceed 7 hours per day; on pre-holiday days, the working day is reduced to 5 hours.

The maximum rate established by law may not be increased either by an employment contract (contract), or by an agreement between the administration (command) of an enterprise, institution, organization (military unit) and a collective of employees, employees (contract servicemen), except in cases expressly provided for in the legislation of the Russian Federation.

Clause 3 of Article 11 of the Federal Law "On the Status of Military Personnel" specifies a list of events that are held without limiting the total duration of the weekly service time of military personnel under contract. The list of such events is determined by the Minister of Defense of the Russian Federation (for other state law enforcement agencies, a similar list is determined by the head of the relevant executive authority, in which the Federal Law provides for military service).:

1. Activities related to the introduction of higher degrees of combat readiness or the announcement of mobilization, including for training purposes.

2. Combat duty (combat service).

3. Operational and combat training activities for military command and control bodies and troops (forces):

- operational exercises;

- operational and tactical exercises;

- tactical live-fire exercises;

- command and staff exercises;

- command and staff training sessions;

- tactical and special exercises;

- pilot and research exercises;

- mobilization and special exercises;

- tactical flight exercises;

- war games;

- maneuvers of troops (forces);

- operational field trips;

- ships (vessels) and submarines going out to sea, aviation departures according to the combat training plan, performing tasks of providing fleet forces, inter-base crossings and in emergency situations.

4. Checking the state of combat and mobilization readiness, organization of combat work, performance of special tasks, combat training:

- scheduled events;

- sudden changes;

- final (control) results.

5. Inspection of troops (forces).

6. Conducting state, factory and sea trials of newly developed or upgraded models of weapons and military equipment.

7. Carrying out internal, garrison and guard services.

8. Being on official business trips.

9. Serving as operational duty officers at command posts and control points.

10. Implementation of measures in emergency zones. Participation of troops in ensuring the state of emergency.

11. Implementation of measures to eliminate accidents, catastrophes and natural disasters, quarantine measures.

12. The presence on ships of 30 percent or more of officers, midshipmen, and military personnel undergoing military service under a contract (depending on the schedule of combat substitution), in order to maintain the established combat readiness.

13. Loading (unloading) of weapons and ammunition on carriers, the production of which cannot be stopped without completing technological processes.

14. Participation in peacekeeping operations.

15. Performing other combat and special tasks defined by the current legislation.

It turns out that a career military man on the basis of this list can easily be deprived of sleep and rest? Let's get this straight. Rest for contract servicemen in the above cases is provided by the commander of a military unit at any time of the day - at least 4 hours.

This list of measures is exhaustive and is not subject to arbitrary expansion and interpretation by the commanders of military units. Thus, the possibility of involving military personnel under a contract to perform military service duties without limiting the total duration of weekly service time during activities not provided for in the above list during the working week is still excluded.

However, even on weekends and holidays, contract servicemen can be involved in performing military service duties, which include performing internal, garrison and guard services, being on a business trip, etc. In these cases, they are granted rest on other days of the week by the decision of the commander of the unit (subdivision), taking into account the interests of the service; in this case, the duration of rest should not exceed the time spent on duty on weekends and holidays.

Clause 1 of Article 11 of the Federal Law "On the Status of Military Personnel" states that the involvement of military personnel under a contract to perform military service duties in excess of the established duration of weekly service time in other cases is compensated by rest of the corresponding duration on other days of the week. In cases where it is impossible to compensate for the "processed" time during the next week, it can be summed up and, at the request of the contract serviceman, joined in the form of an additional day of rest to the main vacation.

It should be noted that the main leave of military personnel under the contract, taking into account additional days of rest, can not exceed 60 days, not counting the time required to travel to the place of use of leave and back. For example, Major Petrov has a total duration of military service in preferential terms of 17 years. He is doing military service in the Far North. For the performance of official duties on weekends, he has 7 additional days of rest, which, at his request, were added by the unit commander to the main vacation. When leaving for vacation, a payment was made:

- basic vacation - 30 days;

- for long service in the Armed Forces of the Russian Federation-10 days;

- for service in the Far North-15 days;

- additional rest days - 7 days.

Total: 30 + 10 + 15 + 7 = 62 however, since the main vacation can not be more than 60 days, 2 days in this case should not be lost and can be provided in the form of additional days of rest during any of the working weeks before departure on vacation or after arrival from it.

A natural question arises: what is the mechanism for accounting for "processing hours"? As an option, we will consider the mechanism for recording service time and providing additional days of rest to contract servicemen in a regiment (brigade).:

1. The commander of a military unit, when developing service time regulations, should provide for which weeks in each month of the training period will be 5-day and which 6-day for all contract servicemen of the regiment (brigade), with the exception of those contract servicemen who will be involved in performance activities on weekends (holidays). certain official duties (internal, garrison, guard duty, etc.).

2. The weekly service time of contract servicemen is recorded:

- in the management of the regiment ( brigade) - chief of staff of the regiment (brigade);

- in battalions (divisions) - chief of staff of battalions (divisions);

- in individual units - by unit commanders.

Generalized data on the number of additional days of rest by contract servicemen attached to their main leave are submitted at the end of each month to the headquarters of the regiment (brigade), where they are recorded in the orders for personnel for the past month. If a contract serviceman has expired the limit of additional days of rest, that is, the number of days for basic leave, taking into account additional days of rest, has exceeded 60 days, he is granted, as already emphasized, additional days of rest during working weeks.

3. If there is an official need to involve military personnel under a contract to perform military service duties beyond the established duration of weekly service time or on weekends (holidays), the regiment (brigade) commander issues an order on involving military personnel under a contract to perform military service duties, which specifies::

- the period of time during which contract servicemen perform military service duties in excess of the established length of service time;

- the procedure for providing contract servicemen with additional time for rest during subsequent working weeks or the possibility of joining such time to the next vacation.

Thus, the mechanism for recording service time and providing additional days of rest is designed to normalize the working rhythm of a military unit, and facilitate the implementation of tasks to maintain constant combat readiness.

The legislative limitation of working (official) hours is one of the most important guarantees of the rights of employees, employees (contract servicemen) and provides them with opportunities for recreation, personal development, family well-being, and the realization of political, social, economic and cultural rights of citizens of the Russian Federation.

FROM THE EDITORIAL OFFICE. If, under the far-fetched pretext of "official necessity" in peacetime, for example, a platoon commander or a military veterinarian is forced to work for months without sleep or rest, then this approach can be safely regarded as a gross violation of the rights of Russian citizens, who are military personnel of all law enforcement agencies of the state. In this case, it is logical to apply to a military court and defend your legal rights there.

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