XVI. Order of the Ministry of Internal Affairs of Russia dated 02/01/2018 N 50 “On approval of the Procedure for organizing service in the internal affairs bodies of the Russian Federation” (Registered with the Ministry of Justice of Russia on 03/22/2018 N 50460)

Legislation

The main legislative act regulating the issues of service, employment in the Ministry of Internal Affairs, assignment of ranks, leave and dismissal is the Federal Law “On Service in the Internal Affairs Bodies”.

Which articles from this legal act are important:

Important! According to the provisions of Art. 84 of the Federal Law “On Service in the Department of Internal Affairs”, if public money was spent on a citizen’s education, provided that he works in the Ministry of Internal Affairs, upon termination of the contract he is obliged to return all funds. The amount is calculated proportionally based on the remaining years he has already served. You do not need to reimburse training costs if:

• The employee cannot continue to serve in his previous position for medical reasons, and there is no possibility of transferring him to a more suitable place.
• An employee has a need for constant care for a close relative of retirement age or a disabled person of group 1 or 2. A medical and sanitary examination report must be present.
• If a police officer needs to care for a minor child whom he is raising alone.

If after one month the contract is not terminated for some reason, and the employee does not insist on this, it is considered valid under the same conditions.

How to submit a report?

In order for a police officer to resign from the Ministry of Internal Affairs, instead of a standard resignation letter, he needs to submit a report. It sets out the desire to leave the structure of the Ministry of Internal Affairs. According to Article 84 of the Federal Law “On Service in Internal Affairs Bodies”, a report is submitted one month before the expected dismissal.

When drawing up a report, the following points are taken into account and indicated::

1. the header of the report indicates the full name, position and title of the boss in whose name the notification is being submitted;
2. Full name, position and rank of the police officer who submitted the report;
3. expression of will aimed at terminating the contract at one’s own request with reference to the law (Labor Code and Article 19 of the Law “On the Police”);
4. refusal or consent to undergo examination by the Military Medical Commission (military medical commission);
5. a request to make a full payment (in accordance with Article 140 of the Labor Code of the Russian Federation);
6. an indication of the desired date of dismissal; if the date is not specified, then the dismissal will be formalized in a month;
7. request for documents;
8. date and signature of the Ministry of Internal Affairs officer submitting the report.

To be on the safe side, it is better to prepare the report in two copies. Both reports must be endorsed. Keep one of them with you in case legal proceedings arise.

According to the law, a police officer has the right to withdraw a report before the day he resigns from office if another officer is not hired in his place.

When management is familiar with the report, you can submit a letter of resignation. It is prepared by the personnel service of the Ministry of Internal Affairs. The submission must contain the information specified in Part 5 of Art. 89 of the Service Law :

• grounds for dismissal;
• length of service (length of service) in internal affairs bodies;
• age;
• employee's health status;
• availability of rights to receive social guarantees.

The submission will need to be signed by authorized persons and familiarized with it to the employee who has resigned.

An order for dismissal is issued using the standard T-8 form, which indicates:

• Full name for whom the order was issued;
• rank;
• subdivision;
• date of document execution;
• reason for dismissal;
• basis (report);
• signature of the employee and authorized person.

On the last day of duty, the police officer will be required to surrender his service weapon, badge, identification, and current documentation.

The work book is issued on the day of resignation . An entry is made in the appropriate column. The grounds for termination of service in the Ministry of Internal Affairs are formulated straightforwardly without any double meaning.

There are no abbreviations for making entries in the work book.

On the day of resignation, a police officer is issued:

• employment history;
• certificate of income for the 2 calendar years preceding dismissal;
• a copy of the dismissal order (if necessary);
• military ID;
• full payment.

We talked about what documents need to be signed and what should be handed over when civilians are dismissed at their own request here.

When is it impossible to resign from the Ministry of Internal Affairs?

Art. 35 of the Federal Law “On Service in the Department of Internal Affairs” describes a number of reasons why an employee cannot initiate dismissal at will:

• During a designated martial law or state of emergency.
• In the event of an armed conflict or a counter-terrorist operation.
• When eliminating the consequences of an emergency.

If a police officer refuses to fulfill the terms of the contract, this is grounds for dismissal from the position being filled and dismissal from service on the basis of paragraph 13, paragraph 1 of Art. 82 Federal Law “On the Service...”.

Features of dismissal

For dismissal, it is necessary to have the grounds established by Federal law. You can leave your position for the following reasons:

• Personal initiative of the employee.
• Retirement.
• The age limit for working in organs has reached.
• Termination of the contract under which the employee worked, or refusal to perform official duties.
• Violation of the agreement provided for by the contract on the part of the employee, or committing actions that discredit the reputation of the structure.
• Expulsion from the university where the employee studied in the field of internal affairs.
• Conscription into the army or alternative service.
• Diseases confirmed by the commission.
• Inconsistency with the position held based on the results of certification.
• Loss of the status of a Russian citizen or acquisition of citizenship of another state.

This list is not complete. All reasons for dismissal can be found in the Federal Law “On Police”.

Leaving the police department at your own request

If an employee who was considering whether to resign from the police came to a positive answer, then he needs to write a report. Such a document has its own characteristics; it must be drawn up in accordance with the law. The step-by-step algorithm of actions will be as follows:

• You need to think carefully about your decision and formulate the reason for leaving.
• Draw up a report indicating the grounds for dismissal. This must be done 1 month before the expected date of departure.
• A submission is prepared for the employee, which contains data regarding the reason for dismissal, length of service, age, rights to social guarantees, health status, etc.
• The employee hands over weapons, documents, valuables, personal identification and badges.
• An order for removal from office is issued.
• On the day of final departure, management makes the necessary note in the work book. This document is handed over personally to the now former employee.
• On the same date, the authorities are obliged to pay the citizen.
• Within 30 days from the date of adoption of the order, the employee is removed from the internal affairs register.

In some situations, when an employee has the rank of colonel of police, justice, or the Ministry of Internal Affairs, an order from federal authorities is required for his departure. And the question of whether it is worth resigning from the Ministry of Internal Affairs while holding a high position will be decided not only with the federal executive body, but also with a decree of the President of the Russian Federation.

Making a report

When writing a report, you must refer to the legislation. Compared to a standard resignation letter, the report has many features. This document must include the following information:

• Information about the boss to whom the report is being submitted. It is necessary to register his full name, title and position.
• Employee details (full name, title and position).
• The employee’s intention to vacate a position with reference to an article of legislation.
• Consent or refusal to undergo the IVC.
• Request for payment.
• Desired expected date of departure. If the employee does not indicate a specific day, dismissal will occur in a month.
• Please provide all required documents.
• The date the report was written and the personal signature of the person leaving.

It is best to write the report in two copies and keep one for yourself. It must have the signature of the person accepting it. In case of problems and litigation, this document will serve as evidence.

Under special circumstances, police officers have the right to resign at short notice. If an employee leaves due to reaching retirement age or due to the inability to continue working, he can independently indicate the date of dismissal. This must be indicated in the report.

The procedure for registering dismissal from the Ministry of Internal Affairs

The contract termination procedure begins with the employee submitting a corresponding report. It is advisable to indicate the reason for your decision in it, and then adhere to the following algorithm:

1. A month before dismissal, a report is submitted to the manager. It specifies the termination date of the contract, but by mutual agreement the police officer may terminate service before that date.
2. The authorized person draws up a letter of resignation, which indicates the reason for termination of the contract, and also contains information about the state of health, length of service, age and entitlement to social guarantees.
3. A dismissal order is issued.

What payments are due?

The calculation includes the following payments:

• The amount of allowance calculated on the day of dismissal.
• Compensation for unused vacation.
• Sometimes - a one-time benefit, determined by the length of service in the Ministry of Internal Affairs. It must be paid to employees who resign due to layoffs or due to illness or general health reasons.

The amount of this benefit will be as follows:

• for service up to 10 years – 5 salaries per month;
• 15 years – 10 salaries;
• up to 20 years – 15 salaries;
• from 20 years and more – 20 salaries.

When dismissal occurs for other reasons (but not due to the culpable actions of the employee himself), he must receive 40% of the amount calculated based on his length of service, that is, for example, with an experience of 10 to 15 years, this will be 4 salaries.

If the employee was awarded Soviet or Russian orders, then the amount of the one-time benefit should be doubled.

Working in the police, as well as serving in other authorized government bodies, is very different from ordinary employment. Police officers and employees of the Ministry of Internal Affairs are not subject to the laws of the Labor Code of the Russian Federation, but act in accordance with the requirements of Federal legislation. Therefore, if an employee begins to have thoughts on the topic “I want to quit the police,” he needs to familiarize himself with the exact procedure for carrying out this procedure.

Is it possible to quit without working?

Employees of the Ministry of Internal Affairs are subject to the provisions of the Federal Law “On Service in the Department of Internal Affairs”, and not the norms of the Labor Code of the Russian Federation, where, upon dismissal on their own initiative, an employee is necessarily exempt from two weeks of service if there are good reasons (enrollment in an educational institution, relocation, etc.).

Here it is important to comply with one condition specified in paragraph 4 of Art. 84 Federal Law No. 342-FZ: before the expiration of the mandatory service period, an employee may be dismissed with the permission of the manager.

There is another option - termination of the contract by agreement of the parties (Article 83 of the Federal Law “On Service”), where a specific date for leaving service will be indicated in advance.

Grounds for dismissal

In Art. 82 Federal Law No. 342 outlines the grounds for termination of an employment contract with a police officer. Their list includes:

1. Expiration of the fixed-term contract.
2. At the initiative of the employee himself.
3. If the terms of the contract have changed and the employee refuses to serve further under the new rules.
4. If an employee decides to exercise the right to a long-service pension.
5. If a police officer has not passed certification.
6. If an employee grossly violated discipline, including in cases where he has a disciplinary sanction.
7. If an employee is expelled from the education system of the Ministry of Internal Affairs.
8. Upon reinstatement of a former employee.
9. Due to reduction measures.
10. If the employee is no longer at the disposal of the relevant department.
11. When an employee violates the terms of the contract.
12. An employee is hired in an elective position that excludes the possibility of serving in internal affairs bodies.
13. The employee does not comply with the prohibitions and restrictions provided for by federal legislation and other regulations.
14. The employee has lost access to state secrets.
15. When an employee has serious health problems that prevent him from being on duty. If a police officer is declared incompetent or partially incompetent, this also serves as grounds for termination of the service contract.
16. Refusal to transfer to another duty station.
17. If the employee has reached the maximum possible age that allows him to be in the public service. The maximum possible age for service for persons holding the rank of general is 60-65 years. The age limit for a police colonel may be 55 years. For police officers with other ranks, the maximum service life is 50 years. If the employee has a positive assessment and is in good health, confirmed by a medical commission, a new contract can be concluded with the employee, but for a period not exceeding five years.

The following are also considered reasons for termination of a contract with a police officer:

• false documents that the employee provided at the time of employment;
• loss of Russian citizenship;
• obtaining citizenship (nationality) of a foreign state;
• when conscripted into military or alternative civilian service;
• by his actions he discredits the public service;
• loses the trust of the department to which he is directly subordinate;
• is taken into custody (the service contract is terminated from the moment the suspect is arrested). Labor relations with a convicted police officer are terminated from the moment the court decision enters into force.

Dismissal of an employee due to loss of trust is carried out:

• if the police officer has not taken measures aimed at resolving the conflict of interest;
• when the employee did not provide a declaration of his income and the earnings of family members.

A career in law enforcement for a citizen may end:

• if he or his family members do not comply with the prohibitions on opening bank deposits abroad;
• when an employee is engaged in entrepreneurial activity, provides services to legal entities on a paid basis, or is a member of the board of commercial organizations.

Expert commentary

Kamensky Yuri

Lawyer

The parties also have the right to terminate the contract by agreement of the parties. To do this, it is enough to issue a notice, which must be signed by the manager and the employee himself.

Diseases due to which an employee may be dismissed from the Ministry of Internal Affairs:

• blurred vision or complete blindness;
• cardiovascular diseases;
• sexually transmitted infections (syphilis, gonorrhea);
• HIV infection;
• malignant tumors;
• absolute deafness;
• diseases of the urinary organ;
• injuries that led to changes in the bone elements of the body and their defects;
• tuberculosis;
• diseases of the respiratory organs that make breathing difficult;
• mental illness of a person (schizophrenia);
• disability of the 1st group.

Is it possible to quit while on vacation?

There are no specific prohibitions on dismissal while on vacation, but employees need to consider several reasons why management may refuse to terminate a contract on a specific date:

How to properly arrange leave followed by dismissal?

Providing leave to an employee of the Ministry of Internal Affairs is mandatory, especially if the subordinate has not exercised his right within a year. If the subject decides to leave his position, then he has the right to be granted leave with subsequent dismissal.

For this purpose, it is necessary to draw up a report. A person has the right to withdraw a previously drawn up and submitted resignation letter before the start of the vacation period. This is only possible if a new employee has not been found to replace him.

On the last day in the previous position, followed by the start of vacation, the subject must return his or her service identification card.

Compensations and payments upon dismissal from the Ministry of Internal Affairs at one's own request

There are a number of payments that are due to employees who leave the service at their own request:

Compensation and cash payments

Upon dismissal from the Ministry of Internal Affairs, a subordinate receives:

• the amount of allowance, which is calculated on the day of dismissal;
• various compensation payments for leave that was never used by the person;
• one-time benefit.

Rules

The rules for dismissal from the police are prescribed not only in these legislative documents. The fact is that they contain many references to certain papers that allow you to more fully consider the options that arise as a result of certain situations during dismissal.

As a result, the legislation has a clear understanding of the rules that allow regulating the process at any stage.

What to pay attention to when leaving service in the Ministry of Internal Affairs

The dismissal of employees of the Ministry of Internal Affairs is a strictly regulated and not so simple procedure. It has a number of specific features compared to the termination of an employment contract according to the general rules of labor legislation. In order to exercise your right to terminate official relations with the Ministry of Internal Affairs and competently prepare and formalize it, it is important to carry out some preliminary work. Only by following all the steps below can you avoid future disputes with the employer and receive all due payments, benefits and privileges provided for by law.

Carefully read the terms of the contract at the point of dismissal

The work of an employee of internal affairs bodies, the procedure for the performance of his duties and termination of service are regulated, in addition to the Labor Code, by Federal Law No. 342-FZ of November 30, 2011. However, the service contract contains additional provisions, conditions and specifies legally established norms.

This document also contains the procedure for terminating the service of such a person, so first of all you need to carefully study its text. This is necessary in order to comply with all stipulated requirements and procedures. Otherwise, the employee risks losing the payments and benefits due to him, and in some situations, even being dismissed not on his own initiative, but “under the article”, for example, for refusing to transfer to another equivalent position.

Checking the list of grounds preventing dismissal

Since service in the Ministry of Internal Affairs is a special type of labor relationship, the legislator has provided several restrictions when a police officer does not have the right to terminate an existing contract on his own initiative. This is possible due to the imposition of additional responsibilities, restrictions, and special conditions during the following periods of time:

1. Declaration of a state of martial law or emergency in a country or part of it (for example, a specific region) in accordance with current legislation.
2. Time of the CTO (counter-terrorism operation).
3. Ongoing armed conflict.
4. The period of need to eliminate the consequences of disasters and emergencies of various forms.

An employee may leave the authorities during the specified periods, however, the basis for dismissal will not be his initiative, but on the initiative of the authorized head of the Ministry of Internal Affairs. That is, in language familiar to the average citizen, a police officer will be dismissed “under the article” due to refusal to perform service, taking into account the special conditions specified in the list.

Important!

Special conditions can be introduced only by a special decision of the Ministry of Internal Affairs and for a period not exceeding 6 months within one calendar year.

Compliance with prescribed deadlines

According to the rules for dismissal of employees of internal affairs bodies, notification of plans to terminate the contract must be submitted by them 1 month before termination of service. In this case, the employee is given the right to undergo a military medical commission. And when using this right, you should take into account the time required to complete the commission.

By mutual agreement of the parties, it is possible to terminate the contract and service relationship before the expiration of the specified month. However, in practice, this option is used extremely rarely, so it is worth taking care to comply with the designated deadline.

Checking the requirements for a dismissal report

The law does not establish the specific form of the document in question, but due to a number of legislative norms it must contain the following information and points:

• date of preparation of the report and its submission;
• position and full name of the head authorized to make decisions (in particular, ordinary police officers are dismissed by the head of the territorial body);
• a direct request to terminate the service contract before its expiration;
• reasons for dismissal (at one’s own request or on the initiative of the employee);
• specific date of contract termination;
• the need for a medical examination or lack thereof;
• provision of the unused part of the due leave (if the person wishes to exercise such a right);
• signature of the applicant indicating full name, position and rank.

The presence of these points in the document is a guarantee of compliance with the dismissal procedure at this stage.

Possibility to withdraw a notice of dismissal

The law extends the general right of working citizens to withdraw their application for termination of a contract at their own request to employees of the Ministry of Internal Affairs. Thus, such a person can withdraw his report at any time during the one-month period allotted by law for notifying the Ministry of Internal Affairs. Moreover, if the dismissal order is not issued, and the citizen continues to serve and fulfill his duties, then the contract is considered valid. If the employee is determined, then in the absence of an order he may simply not go to work, stopping his service.

Important!

The law provides for the only exception when, even if the dismissal report is withdrawn, the contract is still terminated. This happens if there is another candidate for the vacant position, i.e. another person has already been officially invited to perform this work. But even then, recall is possible, but only if the invited employee is refused employment on legal grounds.

Procedure

If a citizen wishes to leave the service of the Ministry of Internal Affairs (this could be the police or other internal affairs bodies - the legislative framework is the same for all), instead of the standard resignation letter for all organizations, he must submit a report indicating the reason for dismissal from service.

Further, the entire procedure is carried out by authorized persons - starting from the issuance of a presentation by an employee of the personnel service, ending with the exclusion of the employee from the register of the internal affairs department. A citizen resigns after an order signed by his immediate superior.

The employee’s main task is to submit a report within the established time frame, hand over weapons, belongings and documents at the end of service and accept the work book along with other personal papers.

We will discuss the dismissal procedure in detail in the paragraph below.

If public money was spent on studying at a university, subject to service in the Ministry of Internal Affairs, then upon termination of the contract the citizen is obliged to reimburse the expenses in full. An employee does not need to pay money for education if:

• for medical reasons, his relative cannot live in the area where the employee is serving, and there is no possibility of transfer to another place;
• one of the relatives needs constant care for health reasons, he has retired or is disabled of group I or II, and no one else can care for him;
• a citizen has a child under 18 years of age who is growing up without a mother or father;
• According to the conclusion of the military medical commission, the employee cannot serve in the future due to health reasons.

If a report was submitted, but for some reason the contract was not terminated and the employee has no objections, then his service continues under the same conditions. No one has the right to put pressure on him and force him to leave the service.

Step-by-step instructions for dismissal from the Ministry of Internal Affairs

The procedure for terminating a service contract and leaving service consists of several stages. All of them are established by the relevant order of the Ministry of Internal Affairs, so it will not be possible to bypass them.

How to submit a report

Notification of the intention to terminate the official relationship is submitted in the form of a report addressed to the authorized manager in accordance with the one who made the decision to hire the employee. It has a free form of a written document, but must contain all the necessary points that were given above.

The document is directly submitted to the personnel service of the internal affairs body, where it is checked to ensure that all necessary information is provided and that the deadlines established by law are met. It is necessary to ensure that the report is registered, for which it is advisable to have a second copy, on which a mark is placed on receipt by the personnel service employee (full name and position of the responsible person, date of reception).

Conversation about rights upon dismissal from the Ministry of Internal Affairs

This stage is also mandatory and involves an explanatory conversation with the employee from the HR department (and, if necessary, with the involvement of the legal, medical and financial departments of the authority) on the following issues:

If an employee avoids the conversation or directly refuses to go through with it, then this will not affect the dismissal process. In this case, the personnel employee draws up an appropriate act recording such a refusal.

Passing the commission (VVK)

Although the law does not directly stipulate the obligation of an employee of the Ministry of Internal Affairs to undergo a medical examination upon dismissal, this follows from the norm requiring information about health to be indicated in the resignation letter. An employee can still refuse, but there must be a compelling reason to do so.

It is necessary to undergo the IHC and obtain the appropriate conclusion before the order is issued, but in some cases this procedure can be completed within a year from the date of receipt of the extract or copy of the order. The results of the survey may affect the list of benefits that a former police officer can qualify for.

Issuance of an act (Representation)

After receiving the report, HR employees are required to prepare an appropriate presentation, which is agreed upon with the immediate supervisor of the dismissed person. It must also be agreed upon with the head of the internal affairs body, and the employee must be familiar with it and sign it personally.

This document, among other things, must indicate the total length of service in the police force and the periods of work that were included in this length of service. The indicated periods are indicated in normal calendar terms, as well as in preferential ones (for example, when 1 year was counted as 2 or 3). These periods will be important when establishing the amount of an employee’s pension, as well as when calculating severance (one-time) benefits.

Order of dismissal

The order is the basis for termination of a person’s service in the authorities before the expiration of his contract. On the last day of service, the dismissed person must be familiarized with this act, about which he puts his signature. The order reflects the wording of the grounds for dismissal (in this case, the employee’s initiative). The details of the document (its number and date of publication) are indicated as the basis for dismissal in the labor circle.

Transfer of cases and weapons

The resigning person is obliged to transfer all affairs and property used before leaving the authorities:

Preparation of personnel documents

In addition to an extract from the order on termination of service (or a copy thereof), the person must be given his work book. It also reflects information about dismissal according to the general rules for maintaining work records, i.e. there should be indicated:

• serial number of the record;
• reasons (own desire) for dismissal;
• grounds for dismissal in accordance with legal formulations (norm);
• local act, which is the basis for termination of relations (details of the order).

Calculation of payments upon dismissal

The last day of service of the employee is considered the day of his dismissal, therefore the financial department is obliged to finally pay such an employee. The full payment must include the following payments:

• wages (unpaid part);
• compensation for unused vacation;
• severance pay;
• due bonus.

Depending on the conditions of dismissal and the category of the employee, he may be entitled to other payments.

Exclusion of an employee record from the Register

This action must be completed within 1 month. In this case, the beginning of this period is determined by the day the order is issued by which the employee is dismissed from service.

The procedure for dismissal at the initiative of an employee

It is immediately necessary to stipulate that the procedure in accordance with which dismissal is carried out at the initiative of an employee is specified in Article 84 of Federal Law No. 342.
According to this document, a police officer can resign earlier, before the expiration of the contract. The subject must submit a report thirty days before the expected date of dismissal. If a citizen urgently needs to leave his position, he is first recommended to obtain the consent of management. In this case, the contract is terminated before the expiration of one month.

In a situation where a subordinate continues to serve in his previous position for thirty days, he has the right to withdraw the report at any time. This is possible before the end of the thirty-day period from the date of filing the dismissal report.

It is worth noting that even after one month, if neither party has shown interest in terminating the contract, the citizen has the right to continue serving. Despite this, after the subject has worked at least one day after the expiration of the period specified in the report, if he decides to resign again, he will have to re-submit a new report and wait thirty days.

Since the employee quits of his own free will, he must write a report only of his own free will - no one can force him to write a document. Management should not put pressure on their subordinates, as this is fraught with a future lawsuit.

It should be noted that claims by dismissed police officers are filed for the following reasons:

• pressure from management to push a subordinate to terminate the employment relationship;
• incorrect determination of the date of dismissal (this situation arises if the report was not processed on time);
• incomplete payment to an employee on the day of dismissal from his position. Sometimes it happens that management completely refuses to pay a subordinate.

The current legislation describes in detail the procedure for dismissal from the Ministry of Internal Affairs at one’s own request, it looks like this:

• a basis is required for terminating a contract with a subordinate. In this case, this is a report from an employee;
• further, management must certainly warn their subordinates about dismissal in writing. The management is obliged to inform the subject within what time frame he must complete the work. The person should be familiarized with his personal file and indicated what his length of service will be by the time he leaves service. To do this, a conversation is held with a law enforcement officer;
• After this, a notice of dismissal is made to management. The subordinate himself should also be familiarized with the document;
• After signing the submission, it is important to issue a corresponding order and familiarize the Ministry of Internal Affairs officer with it.

It should be noted that thirty days pass from the submission of the report to the dismissal, but by agreement with the management this time period can be reduced.

The procedure for voluntary dismissal involves the mandatory surrender of all previously issued weapons and documents, and you must also fill out a bypass sheet. Exactly five days are given to complete all these actions.

What to do if you are refused to sign a report

In Russia, there is a generally accepted international labor law prohibiting forced labor, so even an internal affairs officer has no right to refuse to terminate a contract. In practice, situations may arise when management prevents the termination of an official relationship. And in this case, the employee must act as follows:

1. Draw up a report in 2 copies, indicating all the information required by law.
2. Submit the document to the personnel department, asking for the second copy to be marked upon receipt.
3. After 30 days from the date of registration of the application, do not go to work, ceasing to perform your official duties.

If these steps are met, the employee will still be considered removed from government service and will be entitled to all benefits and payments due under the law. And management will be forced to formalize the termination of the contract in the proper manner.

Determining the pension amount

The procedure for retiring a police officer based on length of service leaves a certain imprint on determining the size of the pension of the dismissed employee. Many circumstances are taken into account:

• Salary.
• Additional payments for rank.
• Total period of work.
• Service directly in law enforcement agencies. This also includes training time.
• Degree.
• Regional coefficient.
• Longevity bonuses.
• Participation in hot spots.

All this, until the final pension amount is received, is handled by the pension department of internal affairs.

Changes for pensioners in 2021

From April 1 of this year, pensions were indexed by 4%. This also affected pensioners of the Ministry of Internal Affairs.

We must remember: in order to obtain indexation, you must provide the necessary certificates. Which ones will be explained in the personnel service.

Payments of two pensions, additional payments

After resignation, former employees of law enforcement agencies can continue to work in civilian life. When a man reaches 60 and a woman reaches 55 years of age, the employee is additionally awarded an insurance pension.

Those who retired from law enforcement agencies are entitled to the following additional payments:

• Double the salary if there is a disability of the first group, the title of Hero of the Russian Federation, or if there are three dependents in the family.
• 50 percent of indexation - Heroes of Labor and Olympic medalists.
• Additional payment of 15% - for the Order of Labor Glory.
• For the 80th anniversary.

Common mistakes

Error:

Avoiding conversation during the process of leaving the service.

Skipping this stage will not bring the desired date of termination of the contract closer, but the risk of not finding out about some of the rights granted increases exponentially. Conducting such a conversation serves not only to explain to the person the reasons for dismissal (if he has his initiative, they are already obvious), but also to explain to him his rights to benefits, guarantees and due payments.

Error:

Refusal to undergo a military medical commission.

Such a refusal is inappropriate, if only because health is of great importance in a person’s life. On the one hand, you should not miss the opportunity to check your health, especially since this procedure is free for those resigning. On the other hand, if occupational diseases or injuries are identified during a medical examination, the employee may qualify for additional benefits and payments.

Error: You can terminate the contract at your own request without completing the required period if there are good reasons.

Termination of the contract is carried out on a general basis, and the presence of valid reasons is not provided for here.

Error: You can resign from the Ministry of Internal Affairs on a specific date only by agreement of the parties.

No, there are two options here. In the first, after the expiration of the notice period, the employee has the right to resign, and in the second, he has the right to agree with the boss on early dismissal.

How to write a report on dismissal from the police

• the employee’s own desire;
• the length of service required to begin receiving pension benefits;
• reaching the age limit for police service;
• expiration of the contract for service or refusal to perform the duties provided for by the position;
• violation of the terms of the contract by the employee or commission of a defamatory act;
• expulsion from an institution for higher education in the field of internal affairs;
• conscription into military service or its alternative;
• illness confirmed by a military medical commission;
• failed qualification certification;
• obtaining foreign citizenship or losing the status of a citizen of the Russian Federation.

This list is incomplete; a complete list of grounds can be found in the Federal Law “On Police”.

Answers to frequently asked questions

Question:

I drew up a report in which I asked to terminate my service contract. Due to a change in family circumstances, I withdrew my report before the dismissal order was issued, but after 30 days had passed after my notice was given. Can they refuse to withdraw my report and fire me on the initiative of an employee?

Answer:

The initiative of an employee of an internal affairs agency is one of the grounds for terminating a service contract. A person can withdraw his application at any time before the expiration of a month from the date of submission of the report. If it was submitted after the specified period, then the employer has the right to complete the dismissal procedure at the initiative of the employee.

Question:

I plan to stop serving in the valiant bodies. How to properly notify management? Is there any approved form for such notification?

Answer:

Notification is carried out in the form of a report, which is analogous to a letter of resignation if we are talking about a civil organization. It is submitted 1 calendar month before the date of the desired dismissal. The document does not have a form approved at the legislative level, but our article provides a list of information that must be indicated in it.

Question: Is it possible to resign while on a business trip to the Investigative Committee?

Answer: The Investigative Committee in this case is not the main place of work, therefore, in order to be dismissed, you must submit a report to your immediate management. You can terminate the contract because a business trip to the TFR is not service under martial law.

Question: What should I do if the employee is not fired after the mandatory service period has expired?

Answer: He has the right not to go to work, but a full payment must be made to him on the last day of his work. If this condition is not met, he can go to court or try to resolve everything peacefully.

Arbitrage practice

If an employee believes that his rights are being violated, he has the right to go to court for a decision on the merits. The most common reasons for going to court are:

• pressure from superiors;
• incorrect determination of the date of leaving work;
• non-payment of settlement.

For example, according to the decision of the Leninsky District Court of the city of Magnitogorsk, issued on 04/05/2013 under number 2-711/13, a policeman who was dismissed at his own request was reinstated in service. As the court found out, before writing a report on his dismissal from the police, the plaintiff was subjected to psychological pressure from the boss, who insisted on voluntary resignation, otherwise he threatened to fire the plaintiff for negative reasons. The plaintiff wrote a statement and after 2 days he was released from his position, although the law requires a month from the moment of filing the request for release until the final payment. He was deprived of the legal right to revoke the document, as well as the right to undergo a medical examination. As a result of these substantive circumstances, the plaintiff was reinstated in service, and the order to dismiss him was declared illegal.

How to write a report correctly?

The report form is free, but there are still rules.

1. in the upper right corner of an A4 sheet you need to write your full name, position of the chief to whom the report is being submitted, and the name of the department.
2. Please indicate your position and full name below;
3. write “Report” in the middle of the sheet;
4. in the main part indicate a request for release from the performance of their official duties.

It is important to provide a link to the specific article of the current legislation, in accordance with which this is proposed to be done. The reason for dismissal may not be specified.

• When an employee writes a report on dismissal himself, the reason is his own initiative;
• enter a request for full payment;
• if there is a desired date for termination of the contract, then you need to indicate it;
• Write down the date and signature with a transcript below.

It is advisable to prepare the report in two copies so that you can keep one for yourself. The report can be written by hand, or you can download a form to fill out from the Internet.

Important Features

The dismissal procedure involves many documents - those that must be attached to the report and the order drawn up by management. The main papers are the following:

• A report prepared by an employee.
• Order for placement into disposal.
• Order of removal from position.

In addition, the conclusion of the IHC is important, as well as acts of non-compliance by the employee with certain orders. On the day of dismissal, the employee must be given a work book, a copy of the dismissal order, a personal income tax certificate in 2 samples, a military ID and an insurance certificate.

Entitled payments

The employee must personally familiarize himself with the dismissal order and put his signature on it. After this, he has five days to hand over his license, weapon, tag and the necessary documentation. On the day of departure, the employee must be paid in full. He is entitled to the following amounts:

• Unpaid wages until dismissal.
• Amount for unused vacation.
• Severance pay if leaving due to poor health.
• Quarterly bonus for the period worked.

Long-service benefits are calculated according to established rules. The amount will consist of the following values:

• Less than 10 years of service - 5 monthly salaries.
• 10−15 years - 10−15 salaries.
• 15−20 years - 15 salaries per month.
• More than 20 years - 20 salaries.

Sometimes this rule does not apply. For some other reasons for dismissal, the employee receives 40% of the above amounts.

Possible nuances

In fact, work can be avoided only when the employee has good reasons for this, for example, health problems that do not allow him to perform his duties. In most situations, employees are required to serve the required time. This period is also included in the length of service.

One of the most common problems is the refusal of a manager to sign a report drawn up by an employee. It is very important to know what you can do in such a situation. If at work they discourage you from leaving the police and do not accept your resignation letter, you can act in the following ways:

• Draw up a report on leaving at your own request and send it via mail to the HR department with notification. From the moment the HR department receives the application, the employee will only have to serve his detention.
• Submit the report to the boss through the office or secretary. The document must be drawn up in two samples. Also send it by registered mail addressed to the boss himself, but always with a signature and notification. One copy must be handed in, and the second copy will be marked with Fr. As soon as the second sample has a mark and date of receipt, you can count down the month until departure.

Each employee has the right to resign at his own request. In the case of police officers, a slightly different procedure, provided for by Federal Law, applies. If rights are violated, you should contact the court or prosecutor's office.

Dismissal from the Ministry of Internal Affairs is considered one of the grounds for termination of service in law enforcement agencies. An employee of the police or other internal affairs bodies also has the right to suspend public service on the grounds specified in Art. 37 Federal Law No. 342 of November 30, 2011

Art. 80 Labor Code of the Russian Federation

Art. 81 Labor Code of the Russian Federation

Art. 82 Labor Code of the Russian Federation

Art. 84 Labor Code of the Russian Federation

MY RIGHTS: HOW TO PROTECT YOUR RIGHTS

Grounds for termination or termination of a contract with an employee of the Ministry of Internal Affairs (police) for service in internal affairs bodies and dismissal from service

Grounds for termination or termination of a contract with an employee of the Ministry of Internal Affairs (police) for service in internal affairs bodies and dismissal from service:

• enshrined in Article 82 “Grounds for termination or termination of a contract” of Federal Law No. 342-FZ “On Service in the Internal Affairs Bodies”.

The contract for service in the internal affairs bodies is terminated, and an employee of the Ministry of Internal Affairs (police) may be dismissed from service in the internal affairs bodies:

• upon expiration of the fixed-term contract for service in the internal affairs bodies;
• upon reaching the employee’s age limit for service in internal affairs bodies, established by Article 88 “Termination of a contract upon reaching the age limit for service in internal affairs bodies” of Federal Law No. 342-FZ “On Service in Internal Affairs Bodies.”

A contract for service in internal affairs bodies may be terminated, and an employee of the Ministry of Internal Affairs (police) may be dismissed from service in internal affairs bodies:

Part 2 of Article 82 “Grounds for termination or termination of a contract” of Federal Law No. 342-FZ “On Service in the Internal Affairs Bodies”

The contract for service in the internal affairs bodies with an employee of the Ministry of Internal Affairs (police) is subject to termination, and the employee is subject to dismissal from service in the internal affairs bodies:

Part 3 of Article 82 “Grounds for termination or termination of a contract” of Federal Law No. 342-FZ “On Service in Internal Affairs Bodies”

Termination of a contract for service in internal affairs bodies and dismissal of an employee of the Ministry of Internal Affairs (police) from internal affairs bodies can be initiated:

• only by employee:

  on the initiative of an employee of the Ministry of Internal Affairs (police) - clause 2 of part 2 of article 82 of Federal Law No. 342-FZ;

• for length of service giving the right to receive a pension - clause 4 of part 2 of article 82 of Federal Law No. 342-FZ;
• in connection with a violation of the terms of the contract by an authorized manager - clause 16 of part 2 of article 82 of Federal Law No. 342-FZ;

Termination of a contract for service in internal affairs bodies on the basis provided for in paragraph 5, 6, 7, 10, 13, 14, 15 or 20 of part 2 of article 82 of Federal Law No. 342-FZ:

• carried out on the initiative of the head of the Ministry of Internal Affairs of Russia or an authorized head.

Termination of a contract for service in internal affairs bodies on the basis provided for in paragraph 8, 11 or 12 of part 2 of article 82 of Federal Law No. 342-FZ:

• carried out on the initiative of one of the parties to the contract for service in the internal affairs bodies;
• at the same time, termination of the contract on the initiative of the head of the Ministry of Internal Affairs of Russia or an authorized head is allowed only if it is impossible to transfer or the employee of the Ministry of Internal Affairs (police) refuses to be transferred to another position in the internal affairs bodies.

If there are simultaneously several grounds for termination or termination of a contract for service in internal affairs bodies:

• provided for by Part 1, paragraphs 1, 3, 4, 8, 9, 11, 12 and 16 of Part 2 and paragraph 3 of Part 3 of Article 82 of Federal Law No. 342-FZ,
• the contract is terminated or terminated on one of these grounds at the choice of an employee of the Ministry of Internal Affairs (police).

Termination of a contract for service in internal affairs bodies on the grounds provided for:

• clause 8 of part 2 and clause 1 of part 3 of article 82 of Federal Law No. 342-FZ,
• carried out in accordance with the conclusion of the military medical commission;
• if an employee of the Ministry of Internal Affairs (police) has signs of permanent disability, he is sent to a medical and social examination institution to determine permanent disability and/or establish the fact of disability;
• The procedure for determining permanent disability of an employee of the Ministry of Internal Affairs (police) is determined by Decree of the Government of the Russian Federation of January 31, 2013 No. 70 (as amended on August 20, 2014) “On the procedure for determining permanent disability of an employee of the internal affairs bodies of the Russian Federation.”

Contract for service in internal affairs bodies with an employee of the Ministry of Internal Affairs (police) convicted of a crime:

• terminated after the court verdict enters into legal force;
• if on the day the court verdict came into force the employee was in custody, the contract is terminated from the day the employee was actually taken into custody.

Dismissal from service in the internal affairs bodies of an employee of the Ministry of Internal Affairs (police) due to loss of confidence

An employee of the Ministry of Internal Affairs (police) is subject to dismissal from service in internal affairs bodies due to loss of confidence in the event of:

Article 82.1 “Dismissal due to loss of confidence” of Federal Law No. 342-FZ “On service in internal affairs bodies”

An employee of the Ministry of Internal Affairs (police), filling the position of a manager (chief), who became aware of the emergence of personal interest matters among a subordinate employee:

• which leads or may lead to a conflict of interest,
• subject to dismissal due to loss of confidence in the event of failure to take measures to prevent and/or resolve conflicts of interest.

Information on the application of a penalty in the form of dismissal to an employee of the Ministry of Internal Affairs (police) due to loss of confidence for committing a corruption offense:

• the Ministry of Internal Affairs of Russia, in which the employee served, is included in the register of persons dismissed due to loss of trust,
• provided for in Article 15 “Register of persons dismissed due to loss of trust” of the Federal Law of December 25, 2008 No. 273-FZ (as amended on December 16, 2019) “On Combating Corruption.”

Termination of a contract for service in internal affairs bodies with an employee of the Ministry of Internal Affairs (police) by agreement of the parties

Termination of a contract for service in internal affairs bodies by agreement of the parties:

• is regulated by Article 83 “Termination of a contract by agreement of the parties” of Federal Law No. 342-FZ “On Service in the Internal Affairs Bodies”.

This article establishes that the contract for service in the internal affairs bodies:

• can be terminated at any time by agreement of the parties to the contract
• with the simultaneous release of an employee of the Ministry of Internal Affairs (police) from the position being filled and
• his dismissal from service in the internal affairs bodies in the manner prescribed by Federal Law No. 342-FZ “On Service in the Internal Affairs Bodies”.

Termination of a contract and dismissal from service in internal affairs bodies on the initiative of an employee of the Ministry of Internal Affairs (police)

Article 84 “Termination of a contract and dismissal from service in internal affairs bodies on the initiative of an employee of internal affairs bodies” of Federal Law No. 342-FZ “On Service in Internal Affairs Bodies”:

• the possibility of termination of a contract and dismissal from service in internal affairs bodies is provided on the initiative of an employee of the Ministry of Internal Affairs (police).

An employee of the Ministry of Internal Affairs (police) has the right:

• terminate the contract for service in the internal affairs bodies and resign from service in the internal affairs bodies on one’s own initiative
• before the expiration of the contract, submitting a report on this in accordance with the established procedure 1 month before the date of dismissal;
• at the same time , before the expiration of the notice period for termination of the contract and dismissal from service in the internal affairs bodies, an employee of the Ministry of Internal Affairs (police) has the right to withdraw his report in writing at any time;
• in this case, the contract for service in the internal affairs bodies with him is not terminated and dismissal from service is not carried out,
• if another employee or citizen is not invited to fill the position filled by this employee in the internal affairs bodies and/or there are legal grounds for refusing such an employee or citizen appointment to this position.

Upon expiration of the notice period for termination of the contract and dismissal from service in the internal affairs bodies:

• An employee of the Ministry of Internal Affairs (police) has the right to stop performing official duties
• subject to his compliance with the requirements stipulated by Part 7 of Article 89 “The procedure for dismissal from service in internal affairs bodies and exclusion from the register of employees of internal affairs bodies” of Federal Law No. 342-FZ “On Service in Internal Affairs Bodies”:

  hand over the weapon assigned to him,

• other property and documents to the relevant unit of the Ministry of Internal Affairs of Russia, its territorial body, unit,
• and a service ID and a badge with a personal number to the appropriate personnel department.

With the consent of the head of the Ministry of Internal Affairs of Russia or an authorized head:

• a contract for service in internal affairs bodies may be terminated and an employee of the Ministry of Internal Affairs (police) may be dismissed from service in internal affairs bodies before the expiration of the notice period for termination of the contract and dismissal from service,
• but not earlier than the employee fulfills the above requirements provided for in Part 7 of Article 89 of Federal Law No. 342-FZ “On Service in the Internal Affairs Bodies”.

If a report on termination of a contract and dismissal from service in internal affairs bodies is filed by an employee of the Ministry of Internal Affairs (police) due to the impossibility of further performance of official duties:

• enrollment in an educational organization,
• election (appointment) to a government position in the Russian Federation, to a position of state or municipal service,

the head of the Ministry of Internal Affairs of Russia or an authorized manager MUST terminate the contract and dismiss the employee from service within the period specified in the report, taking into account the time required to transfer cases and make final payments to the employee.

Upon termination, at the initiative of an employee of the Ministry of Internal Affairs (police), of a fixed-term contract for service in the internal affairs bodies:

• provided for by paragraphs 3 and 4 of part 5 of article 22 “Types and duration of the contract” of Federal Law No. 342-FZ “On service in internal affairs bodies”,
• the employee is obliged to reimburse the Russian Ministry of Internal Affairs for training costs.

An exception to this requirement is cases of termination of a contract for service in internal affairs bodies on one of the following grounds:

If, after the expiration of the notice period for termination of the contract and dismissal from service in the internal affairs bodies:

• the contract has not been terminated and the employee of the Ministry of Internal Affairs (police) does not insist on dismissal,
• the contract continues under the same conditions.

An employee of the Ministry of Internal Affairs (police) has no right:

• terminate the contract for service in the internal affairs bodies on one’s own initiative
• during the period of service in the internal affairs bodies under special conditions provided for in Article 35 “Service in the internal affairs bodies in special conditions” of Federal Law No. 342-FZ “On service in the internal affairs bodies”.

Termination of a contract for service in internal affairs bodies on the initiative of the head of the Ministry of Internal Affairs of Russia or an authorized head

Termination of a contract for service in internal affairs bodies on the initiative of an authorized manager and dismissal from service in internal affairs bodies:

• regulated by Article 85 “Termination of a contract on the initiative of the head of the federal executive body in the field of internal affairs or an authorized head” of Federal Law No. 342-FZ “On Service in Internal Affairs Bodies” and
• are allowed subject to advance notification of an employee of the Ministry of Internal Affairs (police).

The contract for service in the internal affairs bodies is terminated, and the employee of the Ministry of Internal Affairs (police) is dismissed from service in the internal affairs bodies:

• no earlier than in 2 months from the date of notification of contract termination on the following grounds:

  for health reasons - on the basis of the conclusion of the military medical commission about limited fitness for service in the internal affairs bodies and the inability to perform official duties in accordance with the position being filled in the absence of the possibility of promotion;

• in connection with the reinstatement of an employee who previously filled this position in the internal affairs bodies (in the event that the employee filling this position refuses to be transferred to another position in the internal affairs bodies);
• in connection with the reduction of a position in the internal affairs bodies, replaced by an employee;

With the consent of an employee of the Ministry of Internal Affairs (police), a contract for service in internal affairs bodies may be terminated before the expiration of the specified periods.

Termination of a fixed-term contract for service in internal affairs bodies due to the expiration of its validity period

Termination of a fixed-term contract for service in internal affairs bodies due to the expiration of its validity period:

• is regulated by Article 86 “Termination of a fixed-term contract due to its expiration” of Federal Law No. 342-FZ “On Service in the Internal Affairs Bodies”.

A fixed-term contract is terminated upon expiration of its validity period:

• An employee of the Ministry of Internal Affairs (police) must be warned about this in writing no later than 7 working days before the expiration of the specified period.

Fixed-term contract for service in internal affairs bodies, concluded:

• with a citizen entering service in the internal affairs bodies, or with an employee to fill the position of a temporarily absent employee, who retains the position in the internal affairs bodies (for the period of the employee’s absence);
• with a citizen entering an educational organization of higher education of the Ministry of Internal Affairs of Russia for full-time study (for the period of study);
• with an employee who is assigned to perform special tasks or tasks under special conditions of more than 6 months

terminates upon the occurrence of an event with which its termination is associated.

Upon expiration of the previous fixed-term contract for service in internal affairs bodies, a new fixed-term contract may be concluded with an employee of the Ministry of Internal Affairs (police).

Termination of a contract for service in internal affairs bodies upon reaching the age limit

Termination of a contract for service in internal affairs bodies upon reaching the age limit for service in internal affairs bodies:

• is regulated by Article 88 “Termination of a contract upon reaching the age limit for serving in internal affairs bodies” of Federal Law No. 342-FZ “On Service in Internal Affairs Bodies”.

Part 1 of this article sets the age limit for serving in internal affairs bodies:

Upon reaching the age limit for service in internal affairs bodies by an employee of the Ministry of Internal Affairs (police):

• the contract for service in the internal affairs bodies is terminated and
• an employee of the Ministry of Internal Affairs (police) resigns from service in the internal affairs bodies,
• except for the cases provided for by Federal Law No. 342-FZ “On Service in the Internal Affairs Bodies”.

With an employee of the Ministry of Internal Affairs (police):

• who have reached the age limit for serving in internal affairs bodies,
• having a positive final certification,
• corresponding requirements for the health status of employees in accordance with the conclusion of the military medical commission
• with his consent and according to his report
• may annually , but no more than 5 years after reaching the age limit for serving in the internal affairs bodies.

If you have any questions about the violation of your rights, or you find yourself in a difficult life situation, then an online duty lawyer is ready to advise you on this issue for free.

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