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RESOLUTION OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF BELARUS

of March 5, 2009 No. 18

About approval of the Regulations on on-duty time and time of rest for separate employee categories of the organizations of rail transport public

(as amended on 30-06-2015)

In pursuance of the resolution of Council of Ministers of the Republic of Belarus of December 18, 2008 "About provision of powers on acceptance of regulatory legal act and modification of the resolution of Council of Ministers of the Republic of Belarus of June 22, 2001 No. 932" and according to Article 318 of the Labor code of the Republic of Belarus the Ministry of Transport and Communications of the Republic of Belarus DECIDES: No. 1974

1. Approve the enclosed Regulations on on-duty time and time of rest for separate employee categories of the organizations of rail transport public.

2. This resolution becomes effective after its official publication.

Minister

V. G. Sosnovsky

It is approved

Minister of Labour and Social Protection of the Republic of Belarus

January 20, 2009

 

V. N. Potupchik

Approved by the Resolution of the Ministry of Transport and Communications of the Republic of Belarus of March 5, 2009 No. 18

Regulations on on-duty time and time of rest for separate employee categories of the organizations of rail transport public

Chapter 1. General provisions

1. This Provision determines features of legal regulation of on-duty time and time of rest of separate employee categories of the organizations of rail transport public which are directly providing transportation process and traffic security of the trains (further - workers) including performing the labor obligations along the line (trip) or within the serviced sites of infrastructure of rail transport public performing work on transportation and protection of loads, rendering services in servicing of passengers.

2. Questions of on-duty time and time of rest are regulated by the legislation on work of the Republic of Belarus (further - the legislation on work), and also this Provision.

3. The mode of on-duty time is determined by employment policies and procedures or the working schedule (interchangeability).

Employment policies and procedures and working schedules (workings in shifts) are developed according to regulations and requirements of the legislation on work and this provision.

4. The summed-up accounting of on-duty time can be applied to the workers who are providing continuous work within a day, and also carrying out other work types where under the terms of production (work) observance of the established daily or weekly duration of on-duty time is impossible or economically inexpedient. Duration of the accounting period is established by the employer and cannot exceed one calendar year.

The amount of working hours according to the working schedule (interchangeability) for the accounting period shall not exceed the regulation of hours for this period calculated according to the legislation on work.

The summed-up accounting of on-duty time is entered by the employer in coordination with labor union.

5. The daily duration of on-duty time of workers which establishes the summed-up accounting of on-duty time cannot exceed 12 hours on average for the accounting period. More than two calendar days in a row, except for workers of crews of train and mechanics of refrigerator trains (sections) are not allowed to establish duration of on-duty time of 12 hours.

6. In case of the summed-up accounting of on-duty time overtime work is determined upon termination of the accounting period as difference between actually worked time (according to documents by accounting of on-duty time) taking into account work on public holidays, festive and the days off, the established regulation of on-duty time executed over, and the regulation of on-duty time established by the working schedule (interchangeability) for the accounting period.

7. For workers of distances of the alarm system and communication, way, electrification and electric utility service, emergency and fire rescue trains, workers servicing the information and program complexes providing continuity of transportation process, conductors on maintenance of loads and special cars, acceptance inspectors of load and baggage, and also persons on duty on railway stations, chiefs of railway stations on the sites equipped with centralized dispatching control, automatic lock-out and semi-automatic lock-out, by the employer watch in reserve in case of which the worker is in specially equipped placement to the organizations or on railway station (field location) in permanent readiness to provide continuity of transportation process can be established.

Watch time in reserve joins in on-duty time.

Chapter 2. On-duty time and its accounting

8. The actual on-duty time is considered from the moment of the worker's appearance to the place of performance of work according to employment policies and procedures, the working schedule (interchangeability) or special specifying of the employer and until the actual release from work this working day (change).

9. In some cases time of the beginning and close-up can be determined out of the place of permanent job (permanent collection point) what to the worker it is reported no later than the termination of the previous working day about. In this case travel time of the worker from permanent collection point to place of employment and back is not considered on-duty time.

If the worker was not timely informed of the forthcoming place of employment or if the distance from permanent collection point to place of employment made more than 3 kilometers or the actual time of journey more than 60 minutes, then travel time from permanent collection point to place of employment and back joins in on-duty time at the rate of 12 minutes on one kilometer when walking on foot and on actually spent time in case of journey.

10. The beginning of work locomotive and the crews of train, crews servicing special railway rolling stock, workers of the militarized protection of national association "Belarusian railroad" (further - the Belarusian railroad) appearance time to place of employment (rail or motor car yard, railway station, the car site, Item of change of engine crews, Item of turnover of locomotives, etc.) according to the schedule, the job specification or challenge, and close-up - time of execution of the corresponding documentation after delivery of the locomotive (the train, section, the car) in depot, the car site, Item of change or surrender of weapons and ammunition after delivery of structure on railway station is considered.

11. Time of acceptance and delivery of locomotives, refrigerator sections, cars locomotive and crews of train, crews of refrigerator sections, and also time established on preparation of cars in run by workers of crews of train joins in on-duty time.

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