of August 1, 2022 No. 1365
About features of legal regulation of employment relationships in the separate organizations, their structural divisions and on separate production facilities
According to the subitem 4 of Item 1 of article 26.1 of the Federal law "About Defense" and part two of article 252 of the Labor Code of the Russian Federation the Government of the Russian Federation decides:
1. Approve the enclosed features of legal regulation of employment relationships in the separate organizations of defense industry complex, their structural divisions and on separate production facilities.
2. The list of the separate organizations of defense industry complex, their structural divisions and separate production facilities affirms the Ministry of Industry and Trade of the Russian Federation in coordination with the Ministry of Defence of the Russian Federation, State Atomic Energy Corporation "Rosatom" and the State corporation on space activities Roskosmos.
3. To the Ministry of Industry and Trade of the Russian Federation together with the Ministry of Labour and Social Protection of the Russian Federation to approve methodical recommendations about procedure for application of this resolution.
4. Recommend to the organizations specified in Item 2 of this resolution, if necessary:
take additional measures for sanitary consumer services, medical support and improvement of employees of these organizations, and also ensuring rest of their minor children;
make corresponding changes to local regulations in accordance with the established procedure.
Russian Prime Minister
Approved by the Order of the Government of the Russian Federation of August 1, 2022 No. 1365
1. This document establishes features of legal regulation of employment relationships in the separate organizations of defense industry complex, their structural divisions and on the separate production facilities participating performed by public contracts on implementation of the state defensive order during introduction by the Government of the Russian Federation of special measures in the sphere of economy (further respectively - features of employment relationships, the organizations, execution of the public contract).
2. According to features of employment relationships it is allowed:
a) employees engagement, performing works which are directly connected with execution of public contracts in the organizations which are respectively employers in relation to these workers (further respectively - workers, works), to overtime work within year without their consent which duration shall not exceed for each worker of 4 hours daily with payment of all of overtime fulfilled hours at least in double size;
b) bringing schedules of working in shifts to data of the worker not later than 3 days before their introduction in action according to the procedure, established by the local regulation of the organization;
c) establishment of duration of weekly continuous rest at least 24 hours;
d) employees engagement to work during week-end and non-working holidays without their consent with payment at least in double size, at the same time number of days of weekly rest in current month shall be at least number of complete weeks of this month;
e) transferring of annual paid leave of the worker without its consent in case of violation of term by the organization (or emergence of risk of violation of term) execution of the public contract, at the same time leave shall be granted to the worker no later than 18 months after the termination of that work year for which he is presented, or the part of leave exceeding 21 days according to the statement of the worker can be subject to replacement with monetary compensation;
e) recall the worker from leave without its consent on condition of the notification it not later than 3 days in cases and procedure which are provided by the local regulation of the organization.
3. Employees engagement during week-end and non-working holidays is allowed to overtime work and work only from their written consent and under condition if it is not forbidden to them for health reasons according to the medical certificate issued according to the procedure, established by the Federal Laws and other regulatory legal acts of the Russian Federation concerning the following employee categories:
the women having children under three years;
mothers and fathers raising without spouse (spouse) children aged up to fourteen years;
guardians of children of the specified age;
the parent having the child aged up to fourteen years if other parent works with shift method;
the workers having three and more children aged up to eighteen years during the period before achievement younger of children of age of fourteen years;
the workers having handicapped children;
the workers performing patient care by members of their families according to the medical certificate issued according to the procedure, established by the Federal Laws and other regulatory legal acts of the Russian Federation.
Workers of the specified categories shall be acquainted under list with the right to refuse overtime work and work during week-end and non-working holidays.
4. Features of employment relationships do not extend to workers whose involvement to overtime works and work during week-end and non-working holidays is forbidden by the legislation of the Russian Federation.
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