Law on silence in Moscow in 2022 in an apartment building: regime and time

If you find yourself in a difficult situation, when you regularly hear noise from your neighbors at night, repair work does not stop, children are running around, and garbage is constantly scattered on the landing, remember, there are always ways to solve this situation.

Everyone knows the saying “My home is my fortress”, however, what to do when the so-called fortress systematically suffers siege and attacks by “barbarians”, bringing complete chaos and disorder? Is it possible to curb neighbors who do not want to follow the established rules for living in an apartment building, and how to do this?

In principle, any actions of neighbors can irritate, it all depends on the situation. But if you look at it from the point of view of the law, the following behavior is considered a violation:

• Noise at night (if the region practices quiet time, then during this period).
• Cluttering of areas and corridors considered common.
• Scattering various waste on sites and other places for public use.
• Sanitation requirements are not met: the apartment is thoroughly cluttered, there are many pets that are not provided with appropriate care.

Recent adjustments

The law on silence in Moscow in 2022 (the official text can be downloaded at the end of the article) on weekdays and weekends remains unchanged. The latest edition of the regulatory act dated January 1, 2021 has not changed to date. No amendments were made to the law.

Key points to immediately pay attention to:

1. The silence regime in Moscow in 2022 in a residential building remains the same, as in 2021 and 2021.
2. Making noise is permitted during the hours specified by law.
3. At night, making repairs, drilling and listening to loud music in the apartment is prohibited.
4. Noisy construction work or drilling on Sundays and holidays is prohibited.
5. There is a mandatory quiet hour on weekdays for drilling and repairs in apartments and non-residential premises of apartment buildings.

In the city

It should be noted that the law on silence in the capital considers construction on Saturday as work or repairs on a weekday. Next we will look at everything in more detail.

Administrative responsibility

Liability is provided for by the Moscow Code of Administrative Offenses (Article 3.13):

• if the violator is a citizen, he is due a fine in the amount of 1 to 2 thousand rubles;
• if the violators are officials, sanctions range from 4 to 8 thousand rubles;
• The most significant fines are determined for legal entities. Violation of the law will entail the imposition of sanctions in the amount of 40 to 80 thousand rubles.

The adoption of such strict measures is dictated by the need to ensure peace and quiet for citizens.

Noise law in the Russian Federation

Federal Law 52-FZ establishes the concept of night and day time. For the entire territory of Russia, silence at night must be observed from 23 pm to 7 am.

In addition, SanPiN standards establish the permissible noise level:

• during the daytime in an apartment building – 55 dB;
• at night – 45 dB.

In the area adjacent to a residential building, noise should not exceed 70 dB and 60 dB, respectively.

These are important criteria for silence that should not be ignored.

Averages

Where to complain about violators and what to do if neighbors exceed the permissible noise level

1. First, you should try to resolve the problem peacefully through dialogue. Rest assured, a simple request not to make noise is always much more effective than shouting and insults. At the same time, if the neighbors do not understand for what reason and on what basis you are asking them not to make noise, then it is worth referring to sanitary standards, the Housing Code, the Code of Administrative Offenses, and of course to the main law of the country - the Constitution. If the neighbors do not heed your request, then you should report the adverse consequences of calling the police and reporting to the appropriate authorities about violating the rules of silence.
2. If the first method did not work, then, as mentioned above, there is no point in sorting things out and arguing. It is necessary to call a police officer, namely a local inspector. Just remember, this should be done when loud neighbors are directly violating the rules of silence, and not just when you don’t like your neighbors.

When calling a law enforcement officer by telephone, it is necessary to clarify the position of the person receiving the call and the full name, application registration number, and contact phone number.

The police go to noisy neighbors, take explanations from them and, if there is an administrative offense, draw up a report. The officer must then interview the person who initiated the call.

Based on the results of reviewing the protocol, a person may be found guilty and brought to administrative liability in the form of a fine or warning. In addition, if no violation is found, the person may be found not guilty and the case may be dismissed.

It is becoming less and less common, but there are situations when the police do not respond to a phone call, considering disputes between neighbors to be minor domestic situations not worth attention. In this case, you can submit a second application, and if there is no response, write a complaint to the head of the relevant department of the law enforcement agency, which must be considered within 30 days.

How long can you drill in an apartment on weekdays in Moscow and make repairs?

The Law on Silence in Moscow in Apartment Buildings of 2022 determines the hours and days of repair work in apartment buildings. You cannot drill or make repairs in the apartment on Sundays and holiday weekends.

Drilling is allowed on Saturday, as well as on weekdays, for example on Friday. Also on Saturday, as on any weekday, according to the silence regime, any noisy construction work can be carried out with a break for a quiet hour.

Amendments for new buildings

For a new building that has been put into operation and is not yet 1.5 years old, a special silence mode is provided. Drilling and repairs in an apartment of such an apartment building are permitted under simplified requirements.

Noisy renovation work in a new house, built no more than a year and a half ago, is allowed to be carried out daily from 7 a.m. to 11 p.m., without a break for a quiet hour during the daytime.

The law on silence in Moscow is quite loyal to repair work in new apartment buildings. The legislation takes into account the fact that it is difficult to create the necessary comfort in a new residential building without drilling and repairs.

Drilling with a hammer drill in the bathroom

However, quiet times must be strictly observed. Breaking the law and making noise at night is also prohibited in a new building. For example, you can make a hole in a wall with a drill during the day.

Work on weekends with a shift schedule. Salary

Expert consultation

Each organization establishes the working hours that best suits its type of activity. One of the common options is shift work. About recording working hours and remuneration during a shift schedule - see the article by our expert Anastasia Chekmareva.

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The shift mode is convenient when the organization must function continuously; the usual working hours are not enough for the production process, as well as for more efficient use of equipment.

When establishing a shift work schedule, specialists often face issues related to remuneration.

• Which remuneration system should you choose for a shift work schedule?
• How to pay for shortcomings/overtime according to the shift schedule?
• How are night shifts paid?
• How to pay for non-working holidays with a shift schedule?
• How to pay for work on a day off with a shift schedule?

Let's understand all the intricacies of this topic.

What is shift work?

The definition of shift work can be found in Article 103 of the Labor Code of the Russian Federation. This is a work in two, three or four shifts, which is introduced to optimize the work process.

Shift work, like any other work mode in an organization, must be enshrined in an employment contract and local regulations. You can include the working hours in the internal labor regulations or develop a separate local regulatory act on working hours. If in your organization some employees work on a regular schedule, and some on shifts, then this should also be reflected in the document.

How to create a shift schedule?

When establishing a shift work schedule in an organization, it is necessary to draw up a shift schedule and familiarize employees with it . A shift schedule is a local regulatory act that regulates working hours and rest time during shift work.

Please note the difference between the shift schedule under Article 103 of the Labor Code of the Russian Federation and the schedules for other work modes, for example, for flexible work modes. During the working day, a group of workers on a shift schedule must be replaced by another. For example, the “every two days” schedule is flexible, but not replaceable.

Labor legislation does not provide for the form and content of the shift schedule. Reflect in the document the distribution of shifts and days off during the period for which the schedule is drawn up, the number of shifts per day, the duration of each shift, its start and end time, lunch break, in addition you can indicate other information you need. When creating a schedule, please note that working two shifts in a row is prohibited by labor law.

Employees must be made aware of the shift schedule. You must do this at least one month before the schedule goes into effect.

How to keep track of working hours during shift work?

When establishing a shift work schedule, you can keep track of working hours either in the usual way or use summarized accounting. The legislation does not provide for strict requirements, but with normal recording of working time, the standard hours per week, as a rule, should not exceed 40 hours (Part 2 of Article 91 of the Labor Code of the Russian Federation). Most often, during shift work, it is difficult to comply with this standard; therefore, organizations introduce summarized recording of working hours (Part 1 of Article 104 of the Labor Code of the Russian Federation).

Which remuneration system should you choose when working in shifts?

There are no special requirements for establishing a remuneration system for shift work in the law. The employer can choose any remuneration system. This can be a salary, time-based, piece-rate or other remuneration system.

How to pay for shortcomings/overtime according to the shift schedule?

With a shift schedule, an employee may experience shortcomings when he did not work all the normal working hours, or, conversely, overtime when he worked beyond the normal hours.

Please note that the standard hours established for an employee exclude the time when the employee did not work, but he retained his place of work. For example, he was on vacation or on sick leave. In these situations, the standard working time is reduced by the number of hours of such absence falling within working hours (Letter of the Ministry of Labor of Russia dated 05.21.2019 No. 14-2/OOG-3606). Take this into account when calculating defects and rework.

Payment for defects

Payment for defects depends on whose fault it occurred.

If the defect arose due to the fault of the employee, for example, he did not show up for work, then there is no need to pay for it.

If the defect arose through the fault of the employer, for example, the shift schedule was initially drawn up with a defect, then payment occurs depending on the wage system. If the employee receives a salary, then it is necessary to pay it in full, without reducing it for shortcomings. For workers with an hourly (daily) rate and piece workers, in case of shortfalls, an additional payment is made no lower than the average earnings, taking into account part 1 of Article 155 of the Labor Code of the Russian Federation.

Payment for overtime

Overtime during a shift work schedule is paid as overtime. The first two hours are paid no less than time and a half, and all subsequent hours are paid no less than double (Part 1 of Article 152 of the Labor Code of the Russian Federation). Specific amounts of payment may be established by local regulations, collective or labor agreements.

With regular working time tracking, overtime pay is calculated for each day that it occurred.

When accounting for working hours in aggregate, employers are often faced with the question: how to determine which hours to pay at one and a half times and which at double, if overtime becomes known in total after the end of the reporting period?

There are two approaches to this issue:

1. The first two hours, which fall on average for each working day of the accounting period, are paid at one and a half times, and at double the rate for the remaining hours of overtime work. This method is called correct in the Ruling of the Supreme Court of the Russian Federation dated December 27, 2012 No. APL12-711, which is based on paragraph 5.5 of the Resolution of the USSR State Committee for Labor No. 162, All-Union Central Council of Trade Unions No. 12-55 of May 30, 1985. This resolution lost force due to the adoption of Order of the Ministry of Labor of Russia dated May 10, 2017 No. 415, but the position set out in it continues to be applied in judicial practice. For example: Appeal ruling of the Moscow City Court dated January 28, 2020 in case No. 33-1534/2020, 2-5925/2018, Appeal ruling of the St. Petersburg City Court dated June 23, 2020 No. 33-11307/2020 in case No. 2-7115/ 2019.

1. Work in excess of the normal number of working hours during the accounting period is paid for the first two hours of work at least one and a half times the rate, and for all remaining hours at least double the rate. This approach is confirmed in Letter of the Ministry of Health and Social Development of Russia dated August 31, 2009 No. 22-2-3363. Currently, this position is also applied by the courts (Decision of the Third Cassation Court of General Jurisdiction dated 02/01/2021 in case No. 88-1297/2021, 2-31/2020, Appeal determination of the Kursk Regional Court dated 08/14/2018 in case No. 33-2206/ 2018).

Due to the fact that there is no clear position on this issue, we recommend using the second approach, which is reflected in the letter from the Ministry of Health and Social Development. Despite the fact that the first approach is currently also confirmed by current judicial practice, it is based on a resolution of the State Committee for Labor, which became invalid in 2017. Courts more often take the position that is reflected in the letter from the Ministry of Health and Social Development: all hours in excess of the norm are taken into account, the first two hours are paid at least one and a half times the rate, all the rest are paid at double the rate.

At the same time, the employer has the right to independently make a decision on this issue and consolidate the chosen payment procedure in the local act of the organization (Part 1 of Article 22 of the Labor Code of the Russian Federation).

If an employee takes a day off, the employer pays overtime at a single rate (Article 152 of the Labor Code of the Russian Federation).

How are night shifts paid?

An employee with a shift work schedule, just like any other, has the right to established incentive and compensation payments. This includes payment for work at night.

The minimum increase in wages for work at night (from 10 p.m. to 6 a.m.) is 20% of the hourly tariff rate (salary (official salary) calculated per hour of work) for each hour of work at night (Resolution of the Government of the Russian Federation dated July 22. 2008 No. 554). There is no maximum limit. You can provide for the amount of payments by a local act of the organization.

Please note that additional payment is required even if you hire an employee to work exclusively on night shifts.

How to pay for overtime work at night?

If an employee is involved in working overtime and at night, such work must be paid both as overtime and as night work (Letter of the Ministry of Labor of Russia dated September 4, 2018 No. 14-1/OOG-7353).

How to pay for work on a day off with a shift schedule?

Working days and days off for workers with shift work do not always coincide with generally accepted days off. Saturday and Sunday for such workers can be both days off and working days. Let's look at how to pay for work on a day off with a shift schedule.

Work on a day off (Saturday, Sunday), if this day is considered a working day according to the shift schedule, is paid as a regular working day. Double pay or time off in this case are not provided for by labor legislation.

Payment for work on a day off, which according to the shift schedule is a day off for the employee, depends on the payment system established in the organization. As a rule, no less than double or single with the provision of time off at the employee’s choice. Please note that if an employee works under a fixed-term employment contract of up to two months, then he cannot choose to provide time off, only the option of increased pay (Part 2 of Article 290 of the Labor Code of the Russian Federation).

If the employee has chosen double payment, it is made as follows:

• piecework wage system - at least at double piecework rates;
• remuneration at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
• salaried employees - in the amount of no less than a single daily or hourly rate (part of the salary for a day or hour of work) in addition to the salary, if work on a non-working holiday was carried out within the monthly working time norm, and in an amount of not less than double the daily or hourly rate ( part of the salary for a day or hour of work) in addition to the salary if the work was performed in excess of the monthly working hours.

How to pay for non-working holidays with a shift schedule?

The legislation of the Russian Federation establishes non-working holidays. How to pay an employee if his shift falls on such a day?

On the eve of a holiday, the length of the working day is reduced by 1 hour (Part 1 of Article 95 of the Labor Code of the Russian Federation). There are no exceptions for shift schedules. Payment for this day is made as for a fully worked day.

Remuneration for work on a non-working holiday is calculated in the same way as for work on a day off - depending on the payment system in the organization, no less than double the amount.

There may be situations where an employee’s rest on a non-working holiday will also be paid. This is due to the fact that for employees receiving a salary, the presence of non-working holidays in a month does not reduce the amount of salary (Part 4 of Article 112 of the Labor Code of the Russian Federation).

If an employee on a different remuneration system was not involved in work on non-working holidays, then he is paid additional remuneration, the amount of which is determined by the employer in accordance with Part 3 of Art. 112 Labor Code of the Russian Federation.

How to pay for work on a non-working holiday if it falls on part of the work shift?

If only part of the employee’s work shift fell on a non-working holiday, then pay at an increased rate for the hours actually worked by him on such a day (from 0 to 24 hours of a non-working holiday) (Part 3 of Article 153 of the Labor Code of the Russian Federation).

Can an employee replace double pay for working on a non-working holiday with an additional day of rest?

According to Article 153 of the Labor Code of the Russian Federation, at the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. But there is an exception to this rule, which also applies to workers with shift work.

For shift workers, work on holidays is included in the monthly working hours. Accordingly, if such work was performed within the normal working hours, the employer cannot provide a day of rest instead of double pay (Recommendations of the Federal Service for Labor and Employment dated June 2, 2014). An exception is if such work is performed beyond normal working hours. In this case, the employee can choose double pay or single pay plus a day of rest.

Employer risks

In case of non-payment or incorrect payment during shift work, the employer may be brought to administrative liability in the form of a fine under parts 6, 7 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation. The risk is possible if you do not pay for work on a holiday or for shortcomings that arose due to the fault of the employer.

Financial liability is also possible (Article 236 of the Labor Code of the Russian Federation). For example, if you did not pay an employee overtime, then you will have to pay the remaining amount, taking into account interest on this item.

In addition, if an employee’s labor rights are violated, he can go to court.

The ConsultantPlus reference and legal system will help you avoid risks in remuneration during a shift schedule.

In the System you can find step-by-step instructions on this topic, as well as examples of calculating wages.

Anastasia Chekmareva, teacher-lawyer at “What to do Consult” LLC

Watch a video on this topic on our YouTube channel.

We previously wrote about how to properly fire an employee on his own initiative.

Responsibility and penalties for violation

Responsibility for violating this law in Moscow implies a fine. Its value according to the Code of Administrative Offenses depends on who committed the illegal actions.

The amounts of the administrative fine in 2022 are shown in the table below.

For an ordinary citizen, such a level of fine for violating silence will be quite noticeable. In fact, judicial practice has long proven the effectiveness of such monetary penalties.

As a rule, having paid such a fine, the next time a person will think about whether to comply with the law on silence. Should you make noise, for example, at night, when everyone in the area is sleeping?

How to bring noisy neighbors to reason?

There are plenty of ways to influence lovers of noisy pastimes. Here is a list of effective actions aimed at resolving the conflict.

Which one to choose depends on the specific situation:

• try to explain to your neighbors that they are wrong and ask them to stop their illegal actions. Mostly, this method works immediately, and the following actions are no longer necessary;
• Call the police. Some neighbors, despite their boorish attitude, will still not argue with law enforcement officers and will stop making noise and disturbing vacationing citizens;
• Seek help separately from the local police officer if the Police squad was unable to influence the violators in any way. The apartment will be registered and periodically visited for control;
• contact the judicial authorities. This method is suitable for persistent offenders who constantly organize loud night parties, drinking and dancing within the residential area;
• dissatisfied residents can also draw up a collective complaint and submit it to the local administration for consideration. In the worst case scenario for the offender, the court will deprive him of his apartment.

Where to turn when neighbors are noisy

Complaints from residents about neighbors disturbing the peace are one of the most common complaints in legal practice. In an apartment or private building, music played at full volume, as well as drilling with a hammer drill or noisy renovations, often become a bone of contention.

Prohibited at night

But there is a law that prescribes a time of silence that must be observed not only in the apartment of a residential building, but also in the courtyard and on the street. However, not everyone is ready to comply with the law.

How to restore silence - concrete steps

In case of strong noise from neighbors, you need to do the following:

1. Call the police or local police officer, who are required to come and record the fact of the offense. If your accusations are confirmed, the rowdies will be forced to pay a fine. If the call was not made immediately, you can later submit an application to the district police officer and he will conduct a conversation.
2. File a complaint with the HOA or Housing Office, after which an explanatory conversation should be held with the violators. But these institutions do not have the right to charge fines.
3. File a claim with a judicial institution, for this you need to collect relevant evidence - video with sound, eyewitness testimony; If possible, then measure the noise level yourself using a special device and it will confirm the fact that the indicators have been exceeded.

What not to do

You should not try to solve the problem yourself - for example, shower with threats, fight, write insulting notes, try to damage the property of the offenders (rug, door, keyhole). You may become a victim, as your neighbors will file a complaint with the appropriate agency.