Report on dismissal at the end of a serviceman's contract

General rules for drawing up and submitting a report

A dismissal report has a similar legal meaning to an employee’s statement under the Labor Code of the Russian Federation. However, the procedure and timing of consideration of this document, as well as possible consequences, will differ significantly. The most strict dismissal procedure is provided for military personnel. They can terminate the contract at their own request only if there are good reasons, and the final decision will depend on the conclusion of the certification commission.

The general procedure for preparing and submitting a report provides for the following requirements:

• the document is drawn up in writing and signed personally by the citizen;
• the report is handed to the immediate superior (unit commander), submitted for registration to the personnel department, or sent by mail;
• To consider the report on its merits, departmental orders and regulations are applied.

Only for military personnel, filing a report may lead to adverse consequences. If the reasons for dismissal are found to be unjustified, the citizen will lose most of the benefits and advantages associated with military service. For other departments, similar consequences do not arise; dismissal at will is allowed even without specifying the reasons for such an action.

How long does it take to review a report?

If there is a need for dismissal, it is worth understanding that a reason that is not serious enough, if management considers it to be such, will interfere.
Therefore, explaining the reason for dismissal must be approached more than thoroughly and seriously, because dismissal may be refused, and the attitude towards you will no longer be the same. Clause 6, Article 51 of the Federal Law of March 28, 1998 N 53-FZ “On Military Duty and Military Service” stipulates that a serviceman performing military service under a contract, upon the conclusion of the certification commission, can be dismissed from military service early at his own request

if he has valid reasons.

Reasons and grounds for dismissal of a military personnel

The reasons for dismissal from the RF Armed Forces are set out in detail in the law of March 28, 1998 No. 53-FZ, namely in Article 51.

• age of the serviceman;
• end of service life;
• health status;
• deprivation of military rank;
• court sentence;
• election as a deputy;
• termination of Russian citizenship.

To understand how a report is written, you should understand all the nuances of regulatory documents, since, unlike “conscripts,” the issue of dismissal of contract soldiers is decided strictly individually.

Legal grounds

Back in 1998, Law No. 53 on military service was adopted. Its 51st article describes the grounds for dismissal:

• reaching the age limit and length of service (25 years of work experience or 12.5 years of military service);
• expiration of the contract;
• deterioration of health (confirmed by doctors);
• deprivation of rank;
• loss of trust>;
• criminal record (confirmed by verdict);
• expulsion from a military university or school;
• entry into parliamentary office;
• termination of Russian citizenship or acquisition of foreign citizenship;
• reduction in staff or numbers;
• transfer to service in the police, Ministry of Emergency Situations, state drug control or customs;
• breach of contract;
• transfer to the federal civil service;
• refusal to undergo a medical examination for the presence of drugs or metabolites in the blood.

General conditions for dismissal are listed, but there are also special ones under which a military man can retire early on his own initiative.

Dismissal at your own request

The same 51st article of the 53rd law contains the grounds on which a military man can file a report if he himself expresses a desire to be dismissed. Among the grounds there is no personal desire without specifying reasons, as provided by the Labor Code in relation to ordinary employees of organizations.

The reasons for early departure from service must be justified and documented. Here is a list of circumstances that can be used as grounds for dismissal:

• the contract is systematically violated in relation to the military;
• one of the family members, according to doctors’ testimony, cannot live in the area where the contract soldier serves, and transfer to another region is impossible;
• a military wife or husband, also a military serviceman, is transferred to another region;
• the military person has a dependent who requires care (mother/father/adoptive parent, brother/sister, grandfather/grandmother, subject to doctor's testimony and in the absence of other relatives);
• recognition by a father or single mother of a minor child;
• appointment of a military person as guardian or trustee of a sister or brother (minor or incompetent), if there are no other potential guardians.

The list of reasons is not closed, that is, you can also quit for other reasons if the certification commission recognizes the reason as valid.

Bringing a military man to criminal liability

When drawing up a contract with a future serviceman, it must be indicated that this agreement loses its legal force if the person is prosecuted. This is usually due to abuse of authority or disobedience to management.

If the prosecutor's office opens a case against a military man, this often leads to a loss of trust on the part of senior management. This may be grounds for deprivation of rank or forced dismissal.

Procedure

Next, we consider how a conscript is fired on his initiative. To exercise the right of early dismissal of a conscript, supporting documents are prepared by his authorized representatives - relatives or employees of social security authorities. Documents are submitted simultaneously with the dismissal report.

If the serviceman is unable to collect and provide documents, the commander of the military unit makes a request to the military registration and enlistment office at the conscript’s place of residence within 3 days after receiving the report. The commissioner of the district military registration and enlistment office verifies the legality and compliance of the facts of the petition within 10 days.

The final conclusion is sent to the unit commander. He sends a report with attached papers and the conclusion of the military commissar to the chief of staff of the district. If his final decision is positive, then an order regarding early dismissal from service is prepared. and is entered. A note is entered on the military ID that the soldier has been transferred to the reserve and the address of the mobilization point is noted.

Early dismissal from the army is also provided for persons recognized as partially or completely unfit for service. The justification for the fact of health disorder is made by the military medical commission (MMC). The conclusion is placed in a personal file. Transfer to the reserve occurs upon expiration of the conscripted soldier's term of service. On this day he is excluded from the lists of personnel of the military unit.

Cases when an order is postponed indefinitely are defined in the law dated March 28, 1998 No. 53-FZ “On Military Duty and Military Service” and Presidential Decree dated September 16, 1999 N1237 “Regulations on the Procedure for Military Service”:

• serving a disciplinary arrest;
• inpatient treatment in a hospital;
• the conscript, if desired, remains in the unit and awaits transport, which is provided for those being transferred to the reserve;
• participates in a long voyage of ships;
• elected as a deputy;
• is being held hostage or in captivity;
• missing, wanted;
• detained on suspicion of a crime.

The days when the soldier served his sentence in a guardhouse or was AWOL for more than 2 days are added to the total length of service.
Those convicted of military crimes of minor and medium gravity serve their sentences in a disciplinary battalion. Upon returning to the unit, the soldier serves until he reaches 1 year. After dismissal, the soldier is registered with the military registration and enlistment office according to his place of registration. In part, he is given a package of documents:

• military transportation document (VDP) - a certificate that replaces money for travel and is exchanged at the station ticket office for a ticket;
• an instruction to the military registration and enlistment office regarding the reason for dismissal;
• professional psychosocial selection card;
• military ID;
• accounting document.

You can learn more about the specifics of leaving military service here.

Making a report

The report is written by the applicant in his own hand, just like a regular resignation letter.

There are required fields to fill out.

The step-by-step instructions for filling out look like this:

• at the top, in the right corner, indicate the details of the person to whom the application is addressed;
• in the middle of the sheet you need to write the name of the document, in this case - a report;
• the text sets out a request with a petition to the command leadership for dismissal;
• when indicating the reasons for dismissal, it is advisable to refer to an article of the law;
• copies of the conclusion of the medical commission are attached to the report;
• outlines the consent (refusal) to undergo the military examination and calculation of length of service;
• the provision (or lack of provision) with residential premises is noted;
• indicate the address of the commissariat where to send your personal file;
• the list contains the documents required upon dismissal;
• at the end the date, signature, full name are affixed. applicant, his position, rank.

Like any other application document, the report should be written in two copies, since the applicant must retain a document with a mark of acceptance and registration.

Samples of writing a report:

Whether the service life will be extended or terminated - a decision on this is made six months before its end.

When three months remain before the end of the service, this decision is brought to the attention of the contractor. Conducting a conversation with him is also mandatory.

The following documents are additionally attached to the application for a discharged serviceman, signed directly by the commander (other authorized person):

• certification sheet (copy);
• sheet of the conversation conducted (copy);
• a copy of the IHC conclusion (if necessary);
• report (if the basis for dismissal presupposes its existence).

A discharged serviceman must receive in his hands: a passport, a military ID, a service record card, a professional psychological selection card, a prescription, a travel document (travel to the destination), and a reference.

How to file a resignation?

There is no mandatory form for the report, so you can write it in free form, by hand or using a typewriter or computer. However, the rules of office work must be taken into account.

The following recommendations can be used as instructions:

• indicate the addressee (full name, position and rank of unit commander);
• identify yourself (full name, position and title. You can indicate contacts - address and telephone number);
• name the document “Report of dismissal”;
• in the general part, indicate the circumstances preventing the continuation of service (with reference to Article 51 of Law No. 53);
• ask for dismissal indicating a specific date (you also need to indicate the location of the commissariat where the personal file will be sent);
• date the report and sign (with transcript).

Copies of documents confirming the impossibility of continuing service must be attached to the report..

For example, these could be:

• breach of contract claims;
• medical report;
• decision to appoint a trustee or guardian;
• Single father (mother) certificate.

The report along with attachments is submitted to the unit office.

You can download a sample resignation letter here.

Writing samples

In order to correctly draw up the document, it is advisable to use a sample report on the dismissal of a contract serviceman or another suitable template.

No strict forms were established for writing an appeal, so each applicant draws up a report in any order. The main condition is that the application must be made in writing.

At your own request

Like other types of reports, this document is submitted to the boss. It must indicate a request addressed to the commander to petition his superiors.

The statement must contain the phrase “at your own request”

This is important to know: From what day does 14 days of work begin upon dismissal?

. It is also necessary to indicate the reason for termination of the contract.

The command will analyze these deadlines when deciding whether to accept or refuse. In this case, it is necessary to refer to paragraph 6 of Article 51. Federal Law. It is advisable that the report appendix contains documents that act as evidence of the listed reasons.

At the end of the report, the position, military rank, as well as the signature and date are indicated.

For non-compliance with the contract

Dismissal due to non-compliance with the terms of the contract is carried out solely on the initiative of the command. The report in this case is usually drawn up by decision of the employer.

The decision is justified for the following reasons:

• the serviceman behaved unlawfully while on duty;
• the employee regularly violated military regulations;
• the military man is constantly in conflict with his superiors and colleagues;
• the military personnel committed actions that resulted in damage to the unit’s property.

In this case, the report is also drawn up in any order. However, it states the reason for leaving the Armed Forces.

At the same time, a separate note is entered into the serviceman’s personal file, which can be used to accurately determine the reason for the employee’s dismissal. This reason often has negative consequences for a military man, because his military career in the future becomes almost impossible.

By age limit

When a military man reaches the age of 45, he also needs to draw up a report on his dismissal from military service.

However, in this case it is possible to leave the service only if the continuous service of an employee of the RF Armed Forces is at least 25 years, and the period of service itself is 12 and a half years. As for law enforcement officers, their length of service is 20 years. The report in this case is drawn up in a standard way.

The document must necessarily contain the phrase “due to reaching the age limit.” The completed paper is handed over to the authorities.

For health

In this type of report, the serviceman is also required to indicate the reason for dismissal “for health reasons.” It must be documented. This requires a photocopy of a certificate or medical certificate of illness, which was received at a medical institution.

This addition is mentioned in the list of applications. A report drawn up due to poor health is a valid basis for approving the dismissal of an employee.

What payments are due?

Upon dismissal, a serviceman is entitled (Article 3 of Federal Law No. 306-FZ):

• 2 salaries for up to 20 years of service;
• 7 salaries - for over 20 years of service;
• at least 1 salary in the form of financial assistance.

There will be no payments if the employee:

• deprived of rank;
• lost access to state secrets;
• expelled from an educational organization due to poor academic performance;
• failed to complete probation;
• is under criminal prosecution;
• has a court judgment that has entered into force against him.

If a military man is declared unfit for further service due to a military injury, he has the right to receive 2 million rubles. If a person acquires the status of a disabled person due to a military injury, he is guaranteed a compensation payment every month in the amount of 2,800 to 14,000 rubles (depending on the disability group).

Nuances of preparing a report

Let's take a closer look at how a dismissal report is written. In general, the execution of such a document is no different from the execution of any other military appeal to a higher command. Such a report must include the following information:

• Full name, title, position of the person addressed by the author. Usually this is the immediate superior;
• the essence of the request (to terminate the contract, terminate the contract, dismiss from the Armed Forces, etc.) with a regulatory justification (one of the paragraphs of Article 52 53-FZ) and a detailed description of the reasons that led to the need for the application.

This is the key point. The likelihood of a positive decision depends on how compelling the reasons are. What exactly to indicate depends on each specific situation. The following formulations are possible:

• expiration of the contract for military service;
• non-compliance with the terms of the contract by the Ministry of Defense. Confirming the fact of such a violation is difficult, but possible. The main thing is to stock up on strong arguments and evidence in your favor before writing a resignation letter;
• poor health, acquired diseases, the occurrence of medical contraindications to military service in general or in the conditions of a given unit, as well as the impossibility of continuing service due to pregnancy, for female military personnel;
• so-called “family circumstances”. For example, the inability to financially support a family due to small allowances and the prohibition of part-time work, the need to care for family members who are unable to work due to age or illness (spouses, children, parents), the death of relatives, the inability to combine raising children with service if the second parent is not involved in the upbringing or an officer is a single father (single mother).

In any case, all the circumstances stated in the report must be supported by supporting documents: medical certificates, the conclusion of the Military Medical Commission, certificates of family composition and income, etc. If the request is not sufficiently motivated, the commission and the command of the unit have the right to refuse.

The only case when a military man does not need to justify his reluctance to continue serving is when he terminates it due to the end of his contract.

Unlike employment contracts, which are most often open-ended, contracts for military service are concluded, as a rule, for a certain period - 3, 5 or 10 years and are not automatically renewed, with some exceptions (being on a business trip, maternity leave, captivity, hostage, etc.). In accordance with paragraph 6 of Art. 34 53-FZ, the head of the unit or other authorized official makes a decision on the extension (or dismissal due to expiration) of the contract no later than 3 months before its end.

Accordingly, the officer, if he does not intend to serve further, must notify his command about this also 3 months before the date of termination of the contract. To do this, you just need to submit a report on dismissal at the end of the serviceman’s contract. The management has no right to refuse his satisfaction.

If a military man wants to continue his service, he must submit a report for a new contract, since the procedure for its extension is not provided for by law. Also, a new (first) contract must be concluded if the conscript has a desire to continue serving under the contract. It can be concluded after three months of compulsory service.

Sample report on dismissal from military service

To the commander of the military unit ****

Colonel P.

Sverdlovsk region, Ekaterinburg, st. Mira...

from the assistant chief of the ORR CP, Lieutenant K.

REPORT

to resign at will

I ask you to dismiss me, K., from military service at your own request in accordance with paragraph 6 of Art. 51 of the Federal Law of the Russian Federation “On Military Duty and Military Service” dated March 28, 1998 No. 53-FZ. According to paragraphs in paragraph 3 of Art. 51 of the Federal Law of the Russian Federation “On Military Duty and Military Service” dated March 28, 1998 No. 53-FZ.

The reasons for my voluntary resignation are:​:

1. Place of residence of the spouse and child, as well as their state of health

There is no possibility of my family moving from the city of V. (V. region), at the place of service to the city of V. (N. region), due to:

• with the serious health condition of my wife - exacerbation of chronic diseases, difficult pregnancy and the occurrence of postpartum injuries. For this reason, she requires specialized medical care and supervision of specialized doctors. It is worth noting that the sharp deterioration in my wife’s health imposes a number of restrictions on the process of raising a child and excludes the possibility of independently caring for a child in the absence of the other parent.

My wife is not able to independently undergo a medical examination or VVC to establish the real state of health, due to the lack of personal time (there is no opportunity to leave the child to go to the hospital or even be hospitalized), as well as money, since my salary is not even enough for the maintenance of the family.

• with numerous developmental disorders in my child, which arose due to a difficult pregnancy and postpartum trauma. As a result, he is under supervision and registered in several medical institutions, receives qualified medical care from specialized specialists and medications that are prescribed exclusively by prescription and are not sold in regular pharmacies, but are administered directly in the laboratories of medical institutions.

Considering the infrastructure of the city of V., moving is categorically undesirable due to the lack of specialized medical institutions. Also, it is worth noting that, on the recommendations of doctors, we were denied basic injections and vaccinations until our child’s condition stabilized, and traveling outside the city of residence could harm his health due to changes in climate conditions and the microclimate of living quarters.

1. Lack of funds

Despite the above, the infrastructure of the city of V. can also harm the family budget. My wife does not have the opportunity to develop in her previously chosen profession after leaving maternity leave in this city, due to the lack of vacancies for specialists of a similar profile.

As a result, a conflict may arise with the current employer, followed by her dismissal. Considering that her income before going on maternity leave was 60% of the family budget, this will greatly undermine the financial situation of our family.

Due to a decrease in personal income, the debt burden and expenses increase monthly as the child grows older, not counting the funds that my wife will need in the future for a number of operations.

In this regard, I am not able to fulfill my official duties and duties to the fullest extent. This forces you to think about finding additional sources of income, which is prohibited under Art. 10 clause 7 of the Federal Law of the Russian Federation “On the status of military personnel” dated May 27, 1998 No. 76-FZ.

Against the background of the reasons I previously described in this report, a conflict of interests arises between me and my wife, as well as the threat of divorce and division of property, due to my inability to provide adequate assistance in raising a child together, resolving everyday issues, and providing the necessary income to support the family.

1. My health status

Among other things, I personally experience health problems associated primarily with previously identified hypertensive crisis, cervical osteochondrosis, thoracic osteochondrosis and myopia. This also does not allow me to fully perform my official duties due to poor health - short-term loss of consciousness, high blood pressure, dizziness, malaise and blurred vision.

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1. Lack of free time

Contract service takes too much time, and in the profession I occupy, I cannot reach my full potential, and a higher position will not be available to me soon.

I would like to say that I regularly contact the medical unit with the complaints that I indicated above. After moving from V., I observed a significant deterioration in my health and exacerbation of previously identified diseases.

In accordance with Article 111 of the “Disciplinary Charter of the Armed Forces of the Russian Federation”, it is prohibited to prevent military personnel from submitting an appeal (proposal, application or complaint) and subject him to punishment, persecution or disadvantage in service for this. The commander (chief) who is guilty of this, as well as the serviceman who filed a knowingly false statement (complaint), is held accountable in accordance with the legislation of the Russian Federation.

In accordance with paragraph 6 of Article 51 of the Federal Law of March 28, 1998 N 53-FZ: “On Military Duty and Military Service”, a serviceman performing military service under a contract, upon the conclusion of the certification commission, may be dismissed from military service early at his own request if he has valid reasons. I consider the above reasons to be valid and ask you to consider the issue of my early dismissal from military service at my own request.

I ask you to consider the reason and expediency of my dismissal at a meeting of the unit’s certification commission. I am not provided with living quarters.

Please send your personal file for military registration to the military commissariat of the Central and Kominternovsky districts of the city of V., at the address: V., street *** building **

Application​:

1. Birth certificate of K. No. ****** dated **.**.****
2. Certificate of registration at the place of residence of K. No.**** on 2 sheets dated **.**.****.
3. Conclusion of the attending physician of the neonatal pathology department No.* 8 from K.’s medical record on 4 pages dated **.**.****.
4. Certificate of marriage with T.I. No. ****** on 2 pages dated **.**.****
5. Conclusion of general practitioner S. of military hospital No.* from K.’s medical record dated **.**.**** city.
6. Referral from general practitioner S. of military hospital No.* from K.’s medical record dated **.**.**** for planned hospitalization.
7. Referral from the chief physician of the cardiology department of Smolensk Military Hospital No.* from K.’s medical record dated **.**.**** for inpatient examination.
8. Conclusion of a radiologist from the Department of Radiation Diagnostics “V. Regional Clinical Consultative and Diagnostic Center" based on radiography of the wrist joints from **.**.****
9. Diagnostic conclusion of a radiologist based on the results of MRI of the cervical spine dated **.**.****
10. Conclusion of a neurologist from the Autonomous Institution of Higher Education "V. Regional Clinical Consultative and Diagnostic Center" on 2 sheets from **.**.****
11. Conclusion of the doctor of the department of functional diagnostics of the Autonomous Institution of Higher Education "V. Regional Clinical Consultative and Diagnostic Center" based on ultrasound examination of BCA No. 376 dated **.**.****
12. Conclusion of the cardiologist of the Autonomous Institution “V. Regional Clinical Consultative and Diagnostic Center" on 2 sheets from **.**.****
13. Payment sheet from the “Unified Settlement Center of the Russian Ministry of Defense”.
14. Conclusion of the attending physician of the Cardiology Department of S. Military Hospital No.* **** dated **.**.****
15. Contract for military service concluded with K. on 3 sheets dated **.**.****.
16. SCT of the brain of patient K. from **.**.****.

Date, signature

Author of the article:

© lawyer, managing partner of the law firm “Katsailidi and Partners”

It is customary for civilian workers to fill out a corresponding application upon dismissal. For the military, instead of a letter of resignation, there is a report.

It must be submitted if a serviceman, for any reason, wishes to terminate his service in the RF Armed Forces. It is important to draw up such a document correctly in order to prevent unlawful actions on behalf of the command.

Payments to the military

1. The reference may be needed when entering an educational institution or getting a job, so you need to request it in two copies.
2. if a title has been assigned, check that this fact is recorded in the personal file.
3. When traveling at your own expense, you must keep your travel documents and submit them for reimbursement.

For military personnel resigning due to health conditions, age limits, organizational staff activities, the law provides for the payment of benefits:

Benefits based on other criteria are determined by the Russian Government.

The one-time payment can be increased by two salaries for military personnel who have earned state awards. For conscripts, a one-time benefit is equal to the minimum wage established in the country at the time of dismissal. For military personnel recognized as orphans, this benefit is paid 5 times.

Dismissed contract workers are entitled to the following payments:

In addition to one-time and monthly payments, military personnel can be nominated for a bonus for conscientious service (Rule of the Ministry of Defense of the Russian Federation dated December 30, 2011 No. 2700).

Actions of a serviceman

1. The report should be prepared in two copies. The document is drawn up in any form; there is no standardized form. Be sure to provide at least two valid reasons.
2. Such a document must be submitted to the combat unit. On one copy of the document the registration number of the incoming document by the employee of the combat unit and the date of receipt of this document are written, and on the second copy the same is written, but only it is left in the unit, and the first is given to the serviceman.
3. Unit employees have no right to refuse to consider a request for a report and not accept it at all, or to accept it in violation of office work standards (fail to register the document as incoming).
4. Having accepted your report, they are required to consider it within 30 days and give you a written, documented response. This requirement is spelled out in the legislation of the Armed Forces of the Russian Federation - Art. 116 of the Disciplinary Charter, which states that appeals of any nature, for any reason, must be considered by management.
5. The law does not specify cancellation beyond the statute of limitations for filing a report. If after 30 days you have not received an answer, then you have every right to appeal in court against the inaction of your superior authority. In addition, you can also contact the military prosecutor of your garrison where you serve or the prosecutor’s office at the place of residence of your boss, who is evading his duties.

Please note why two copies of the report are needed. If the commander of a combat unit evades or causes any obstacles to a serviceman in connection with filing a report, all this can be appealed in court.

Terms of consideration

After the person performing the duties of a military serviceman submits a report, it is reviewed by the certification commission. She reviews the application and listens to oral explanations from the person who submitted the application.

If the reasons for dismissal were determined to be valid, then the positive decision of the commission is formalized in the form of a protocol and transmitted to the command.

According to procedure 116 of the Disciplinary Charter of the Armed Forces of the Russian Federation, all appeals (proposals, statements or complaints) are subject to mandatory consideration within 30 days from the date of registration.

Thus, a serviceman, if there are compelling reasons, can resign from the RF Armed Forces of his own free will. Afterwards he will receive payments and will have the opportunity to return to military service.

Is it possible to withdraw and how?

If a serviceman decides to withdraw the dismissal report, then a report on the withdrawal of the dismissal report is submitted to the immediate commander. In the body of the document you must indicate :

• your first name, last name, patronymic;
• year of birth;
• job title;
• indicate that the report of dismissal from the date under which the previous document was submitted is invalid and is revoked;
• The reason why the report is being withdrawn is indicated.

The document must be registered in the office . If your application is refused, send it by registered mail with a list of attachments. Such a report must be submitted before the dismissal order is issued. If such an order is issued, you can file a claim through the court for reinstatement in service (by canceling the order), in accordance with paragraph 22.

How to write a report correctly: form and content

Reasons for dismissal may be different, namely:

This list can also include the completion of a contract or military service, as well as a court decision to impose punishment in the form of imprisonment or a ban on holding military positions for a certain period.

In any case, the procedure for dismissing a serviceman involves writing a report and submitting the compiled document to your commander. The report must indicate the rank and full name of the superior military personnel in whose name the document is being drawn up.

• What to do and where to go if you are not paid upon dismissal
• What to do if you are laid off at work
• What to do if the employer does not want to fire at his own request
• What to do if the date of the dismissal order is later than the date of dismissal
• What to do if the employer does not give the work book after dismissal
• What to do if you didn’t work officially, you were fired, you didn’t get paid
• What is the employer obliged to give the employee on the day of dismissal?

In addition, the personal data of the serviceman, the name of the document, and the grounds are also stated. The date of the expected departure, the address of the commissariat to which the case will be transferred and a list of attached acts are indicated. At the end, the serviceman must indicate the date and put his own signature.

Can the unit’s management refuse to accept the document and what should be done in this case?

The unit's leadership may not accept the report. In this case, a serviceman who has grounds has the right to demand dismissal through the court, referring to paragraph 2, as well as. But this is the case if:

• the reasons are valid, according to;
• the reasons are documented.

A report on dismissal at the end of the contract is submitted three months before the expected date of dismissal. The deadline for filing applications for other reasons is not defined by law. The decision to dismiss is made by the serviceman's immediate commander.

What to do if not accepted?

He has the same right if the report was accepted, but they do not give it any further action, and within a month there is still no decision or order of dismissal.

It is much more difficult for a military member to resign than for a civilian employee. This is especially true for reporting at your own request. You can’t just quit; you need a valid reason that can be documented.

The end of the contract is one of the grounds for leaving military service. If a serviceman does not plan to continue serving in military units of the Russian Federation, he can submit a report for dismissal upon completion

As a general rule, a citizen performing military service does not have the right to unilaterally refuse to perform his duties. But if there are compelling reasons, dismissal on your own

Very high demands are placed on the health status of certain categories of citizens. At times, when the condition worsens, it is not possible to perform the usual work. State

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Article source: https://otrude.com/category/uvolnenie/s-voennoj-sluzhby/raport/

Dismissal from the RF Armed Forces

If a citizen decides to terminate his military service contract early, he submits a report addressed to the commander of the military unit. The grounds for dismissal will be considered by the certification commission, which must check and confirm the validity of the reasons. The contents of the report include the following information:

• name of the military unit and commander;
• information about the applicant, indicating rank and position;
• information about the current contract, including the date of its conclusion and validity period;
• grounds for termination of the contract and request for dismissal;
• information about the presence or absence of access to state secrets;
• information about the place of residence after dismissal from military service - this is necessary for sending a personal file and registering with the territorial military registration and enlistment office;
• date of submission of the report and personal signature of the serviceman.

The certification commission must review the report no later than 7 days from the date of its receipt. If additional verification is necessary, this period may be extended by another 15 days.

The validity of the reasons for voluntary dismissal must be indicated in the report and confirmed by attached documents. Such circumstances include:

• violation of the terms of the contract by the command, if it is significant and systematic;
• restriction of fitness for military service, if this fact is confirmed by the conclusion of the Military Medical Commission (military medical commission);
• the presence of valid family circumstances - the need to care for a family member or a minor child, the transfer of a military spouse to a new duty station, etc.;
• other circumstances recognized by the certification commission as valid reasons.

If the listed grounds are confirmed, even if the contract is terminated on his own initiative, the citizen will retain the right to guaranteed payments and other benefits. If the grounds for dismissal are medical conditions and restrictions on fitness for service, the report must indicate consent to undergo an additional examination at the Military Medical Commission.

Based on the conclusion of the certification commission, the decision to terminate the contract is made by the unit commander. The serviceman's personal file will be sent to the military commissariat at the new place of residence. Length of service will be included in the length of service for granting a pension if the dismissal was due to valid and objective reasons.

Grounds recognized as valid for dismissal

Dismissal due to reaching the age limit or expiration of the contract does not require the submission of supporting documents. At the same time, at the time of submitting the report, the candidate must undergo a medical examination (to exclude future claims from the person).

When sending a report for early dismissal, the employee must carefully outline and confirm the validity of the reasons for dismissal. Reasons that do not allow a serviceman to perform his duties in full are recognized as valid.

The list of grounds for the possibility of early dismissal is given in Art. 51 Federal Law No. 53-FZ.

Early dismissal is considered to be before the end of the existing contract.

Dismissal from the Ministry of Internal Affairs

Employees of the Ministry of Internal Affairs are subject to relevant regulations, as well as the provisions of the Labor Code of the Russian Federation. Therefore, the report is submitted in any form in compliance with labor legislation, but special rules are also taken into account:

• You need to submit a report addressed to the head of the structural unit in which the service takes place;
• the notice period for dismissal is one month, and a reduction in this period of time is allowed only under exceptional circumstances;
• Even if a former employee of the Ministry of Internal Affairs resigns at his own request, he retains all the benefits guaranteed by law.

The report form is filled out in any form, and indication of the reasons for dismissal is required only to reduce the one-month period for warning management.

From the ranks of conscript service

In most cases, the reason for dismissal of a serviceman from military service can only be the end of his term of service. But there are some cases when early dismissal is possible , according to clause 4:

• A father or sibling died while performing military duties.
• The conscript is the guardian or trustee of siblings who are left without parental care in the absence of other relatives.
• The conscript has more than two children or one child with disabled status.
• A sharp deterioration in health was recorded, and the conscript was declared unfit to perform military duties by the commission.
• Judgment of a court or military tribunal. If a conscript should be arrested and cannot be sent to a disciplinary battalion.

After receiving the report, the commander is obliged to check its legality, study all the documents in detail and, based on them, make a final decision.

Is it possible for a conscript to leave the army early?

The opportunity to resign before the expiration of the established period is provided for persons undergoing compulsory military service. It is possible on an extraordinary basis for the reasons specified in paragraph 4 of Article 51 of the Federal Law “On Military Duty and Military Service”, when the applicant:

• is the son or brother of a person who served in military service or military training and died during this period of time;
• is engaged in constant care for a sick immediate relative or adoptive parent, if they are not on state support;
• takes care of minor brothers or sisters in the absence of other persons willing to support them by law;
• is a single father;
• has two or more children;
• is the father of a disabled child under three years of age;
• medical indications;
• reaching the age limit of 27 years.

The procedure for submitting a report upon dismissal from other services

Service in the penal system, the Federal Penitentiary Service and the Ministry of Emergency Situations can be carried out on the basis of a fixed-term contract or an employment agreement. If a specialist works under an employment contract, the general rules of the Labor Code of the Russian Federation apply to submit an application and dismissal - two-week work, full payment of payments, filling out a work book.

If an employee is serving under a contract, the report is submitted taking into account the following nuances:

• when an employee is dismissed from the penal system or from the Federal Penitentiary Service, a report is submitted one month in advance;
• upon dismissal from the Ministry of Emergency Situations, the general rules of a two-week warning apply;
• in order to retain all the benefits and benefits upon early termination of a contract, employees of the penal system, the Federal Penitentiary Service or the Ministry of Emergency Situations must confirm the valid reasons for dismissal;
• It is allowed to transfer an employee from a contract to an employment contract in the same department - the grounds for such a transfer are established by the internal regulations of the services.

Note! The list of valid reasons and grounds for dismissal in the services of the Ministry of Emergency Situations, the Federal Penitentiary Service and the Penitentiary Service is practically no different from similar circumstances for the Armed Forces of the Russian Federation. In particular, restrictions on service may be established for medical reasons, the presence of family circumstances, or a violation of the terms of the contract on the part of the command.

The review of the report takes place through the immediate head of the unit or military unit. Instead of an attestation commission, a conversation may be held with the employee, during which the valid reasons for the decision to dismiss are established. The one-month period set for reviewing the report is used to transfer cases and positions to other specialists or newly hired employees.

Peculiarities of dismissal of a contract serviceman at his own request

Contract service implies the conclusion between both parties - the serviceman and his superiors - of certain obligations that the military citizen undertakes to fulfill under certain conditions, to a certain extent, in accordance with the law.

For its part, the command fulfills its obligations to its subordinates. Such relations can be terminated only on the basis of violations of the terms of the contract committed by one of the parties.

In a situation where a contract employee in the country's armed forces wants to resign of his own free will, he will need good reasons for this.

A contract worker simply cannot resign, basing the text of his report solely on his own desire.

The presence of compelling reasons is one of the conditions of the Federal Law in relation to citizens liable for military service - clause 6 of Art. 51, as well as the Regulations regarding the procedure for military service, which was approved by Presidential Decree No. 1237 of September 16, 1999.

Legislative regulation

The work of the military differs significantly from the work of ordinary citizens, so the termination procedure involves filing a special report. The process is regulated not only by the provisions of the Labor Code, but also by some specialized regulations. These include:

• Federal Law No. 53 “On Military Duty”, on the basis of which military personnel are recruited, and also provides rules for canceling a contract. The basic rules that military personnel must follow during their service are listed.
• Federal Law No. 76 “On the status of military personnel.” It lists the main concessions and benefits that are provided to former military personnel. They are appointed only after official dismissal.
• Federal Law No. 306 “On monetary allowances”. It lists all the benefits and payments that are due to military personnel after termination of service.

Additionally, there are numerous Orders of the President or PP. They refer to various benefits available to former military personnel. But they are usually offered only after the serviceman has submitted a report on his dismissal.

Important Tips

It is possible to prove the validity of the reasons for dismissal by other circumstances not described in Law 53.
For example, the monetary allowance does not allow one to support a family (the average per capita income is below the subsistence level). At the same time, the director of one of the organizations is ready to hire a military man, assigning him a salary higher than his allowance. What needs to be attached to the report in this case: a letter of guarantee of employment indicating the salary, a certificate of family composition, and income certificates.

If the dismissal is approved, request:

• characteristics;
• recording the rank in your personal file (if necessary).

Let's conclude

Any serviceman can try to resign of his own free will, for which he needs to write a report. The process is long, takes several months, and the commander does not always give the go-ahead. When leaving service, a person will not receive a pension at his own request, but one can hope for various benefits and bonuses.

Sources

• https://u-volnenie.ru/posts/po-sobstvennomu/obrazcy-raporta-ob-uvolnenii
• https://dedadi.ru/trudovoe-pravo/raport-na-uvolnenie-voennosluzhashhego.html
• https://zakonguru.com/trudovoe/personal/uvolnenie/raport-obrazec.html
• https://za-nas-zakon.ru/rabota/obrazec-raporta-na-uvolnenie-voennosluzhashchego.html
• https://clubtk.ru/forms/voyennosluzhashchiye/osobennosti-uvolneniya-voennosluzhashchikh
• https://urexpert.online/trudovoe-pravo/uvolnenie-s-raboty/voennosluzhashhih/raport.html
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• https://uvolnenie-info.ru/uvolnenie-po-sobstvennomu-zhelaniyu/voennosluzhashij-po-kontraktu/