Expert: How to submit information to the military registration and enlistment office when dismissing an employee

Dismissal due to conscription into the army

To begin the procedure for dismissing an employee in connection with his conscription into the army, you will need to receive a summons from him. Only men between the ages of 18 and 27 who are not in the reserves or who have not served can be drafted. If the summons is brought by an employee older than the specified age, then it is better to check its authenticity. Dismissal due to conscription is possible only for those men who are drafted into the army for compulsory service. Dismissal of contract employees occurs as usual on a general basis. There are no distinctions between dismissal due to conscription for military service or alternative service; the registration rules in both cases will be the same. The only difference will be in the entry in the work book.

Is a working person drafted into military service?

Termination of labor relations due to a person’s conscription for military service is regulated by Art.
83 Labor Code of the Russian Federation. Such a basis does not depend on the will of the employer and employee and provides for the presence of a third party starting the process (military registration and enlistment office). Men whose age is in the range of 18-27 years, who are registered with the military and who are not in the reserves are subject to being sent to the army (Article 22 of Federal Law No. 53 of March 28, 1998).

Persons not invited:

Exempt from military duty, including those previously involved in alternative civil service (Article 23 of Federal Law No. 53 of March 28, 1998).
Having a deferment - provided for health reasons, if there are two or more children under 3 years of age, or the need to support disabled parents (Article 24 of the Federal Law No. 53 of March 28, 1998).

The employer learns about the employee’s obligation to serve in the army from the military ID presented upon employment. Organizations (with the exception of individual entrepreneurs) must maintain military records (Article 8 of Federal Law No. 61 of May 31, 1996). Therefore, the employer has information whether his employee can be called up to serve.

For failure to submit data on employees liable for military service to the authorized body, penalties are imposed on the employer (Article 21.1 of the Code of Administrative Offenses of the Russian Federation).

An employee can be drafted into the army in standard periods: from April to July or from October to December. For some persons, a change in period is provided. For example, teachers are involved in service from May to July, agricultural workers - from October to December.

Persons subject to military registration

Persons subject to military registration include (Resolution No. 719):

Men aged 18–27 years who are not in reserve;
Persons in reserve, in accordance with Law No. 53-FZ.

Persons who cannot be registered with the military include:

Women who do not have a military specialty;
Persons serving;
Convicts;
Limited availability for service;
Reserve officers of the FSB and foreign intelligence;
Living abroad.

Mandatory sending of information to the military registration and enlistment office and other authorities upon dismissal of an employee

To answer the question, the following documents and regulations were used:

Constitution of the Russian Federation;
Code of Administrative Offenses of the Russian Federation (COAP RF);
Family Code of the Russian Federation (RF IC);
Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service”;
Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings;
Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1;
Order of the Minister of Defense of the Russian Federation dated October 2, 2007 No. 400 “On measures to implement the Decree of the Government of the Russian Federation dated November 11, 2006 No. 663”;
Methodological recommendations for maintaining military records in organizations (approved by the General Staff of the Armed Forces of the Russian Federation on April 11, 2008);
Resolution of the Vladimir Regional Court dated March 15, 2013 No. 4a-57/2013;
Decision of the Khabarovsk Regional Court dated December 15, 2005 in case No. 3-263/05.

Based on the information provided, we consider it necessary to report the following.

According to Art. 59 of the Constitution of the Russian Federation, the defense of the Fatherland is the duty and responsibility of a citizen of the Russian Federation.

In accordance with Art. 1 of the Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service”, the military obligation of citizens of the Russian Federation provides for military registration. Clause 1 of Art. 4 of this law establishes the obligation of heads of organizations (or other persons entrusted with the responsibility for carrying out military registration work) to notify citizens about subpoenas (summons) of military commissariats, to ensure citizens the opportunity to timely appear on calls (summons) of military commissariats, in the direction within two weeks, at the request of the military commissariats, information necessary for entering into the military registration documents about citizens entering military registration, who are registered with the military, and also those who are not, but are required to be registered with the military. These requirements apply to managers and other responsible persons of organizations in relation to employees working (serving) in these organizations (decision of the Khabarovsk Regional Court of December 15, 2005 in case No. 3-263/05).

Methods for conducting military registration work in organizations are disclosed in detail in the Methodological Recommendations for maintaining military records in organizations (approved by the General Staff of the Armed Forces of the Russian Federation on April 11, 2008). According to paragraph 29 of these recommendations, managers and other responsible persons of organizations:

send within 2 weeks to the relevant military commissariats and (or) local government bodies information about citizens subject to military registration and acceptance (admission) or dismissal (expulsion) from work (from educational institutions) If necessary, and for conscripts in without fail, in order to register for military service at the place of residence or place of stay or to clarify the necessary information contained in military registration documents, citizens are notified of the need to personally appear at the relevant military commissariats or local government bodies. The form of the information sent is approved by the specified recommendations;
send, within 2 weeks, at the request of the relevant military commissariats and (or) local government bodies, the necessary information about citizens who are registered with the military, as well as about citizens who are not, but are required to be registered with the military. The information form is also approved by the recommendations;
submit annually, in September, to the relevant military commissariats lists of male citizens aged 15 and 16 years, and before November 1 - lists of male citizens subject to initial military registration. In addition, as an appendix to the list of citizens subject to initial military registration, heads of educational institutions submit completed questionnaires of these persons to the military commissariat. The form of the lists is approved by the Methodological Recommendations, as well as the Instructions for the preparation and conduct of events related to the conscription of citizens of the Russian Federation who are not in the reserves for military service (approved by Order of the Minister of Defense of the Russian Federation dated October 2, 2007 No. 400 “On measures to implement the Government Resolution RF dated November 11, 2006 No. 663");
check at least once a year the information on military registration contained in personal cards with the information contained in the military registration documents of citizens;
check at least once a year the information on military registration contained in personal cards with the information contained in the military registration documents of the relevant military commissariats and (or) local government bodies;
enter into personal cards (unified form No. T-2, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1) information about changes in marital status, education, structural unit of the organization, position, place of residence or place of stay, health status of citizens who are on military registration, and within 2 weeks they report these changes to the military commissariats;
notify citizens about calls (subpoenas) from the relevant military commissariats or local government bodies and ensure their timely appearance at the places indicated by the military commissariats, including during periods of mobilization, martial law and wartime.

As stated above, heads and responsible persons of organizations are obliged to report to military commissariats and (or) local governments certain information regarding citizens subject to military registration. Thus, the obligation to notify the military commissariat arises from the head (responsible person) of the organization in the event of termination of an employment contract with a Russian citizen subject to military registration.

According to paragraph 1 of Art. 8 of Federal Law No. 53-FZ of March 28, 1998 “On Military Duty and Military Service,” the following citizens of Russia who are not exempt from military duty in accordance with Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service” are required to be registered with the military. military service”, not undergoing military service, not serving a sentence of imprisonment, permanently residing in the Russian Federation, male (as well as women with a military specialty). Citizens who are or may be exempt from conscription for military service are listed in paragraphs 1 and 2 of Art. 23 of the said law.

Citizens registered with the military and in the reserves are removed from the military register upon reaching the age specified in Art. 53 of the Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service.”

For failure to report information about the dismissal from an organization of a citizen who is or is required to be registered with the military under Part 3 of Art. 21.4. The Code of Administrative Offenses of the Russian Federation provides for the imposition of an administrative fine in the amount of 300 to 1000 rubles. This fine is imposed on the head of the organization or on the person who, by order or job description, or employment contract, has been assigned the obligation to perform duties related to military registration. The manager, who can be either an individual (director) or a legal entity performing the functions of a manager (management company), is subject to responsibility. It’s funny, but if there is no sole executive body in the organization and there is a collegial executive body instead, there is no corpus delicti of an administrative offense, because in accordance with paragraph 1 of Art. 2.1. The Code of Administrative Offenses of the Russian Federation can only be an individual or a legal entity the subject of an administrative offense. Persons who are members of a collegial body cannot individually influence the actions of this body and are therefore innocent.

Also in accordance with Part 4 of Art. 98 of the Federal Law of 02.10.2007 No. 229-FZ “On Enforcement Proceedings”, an employer who pays wages to an employee, who has received an executive document from a bailiff or recoverer and who, on the basis of it, withholds funds paid to the employee, in the event of the dismissal of such an employee is obliged immediately inform the bailiff and (or) the recoverer about the fact of dismissal and return the writ of execution with a note on the penalties made. The deadline during which, after the dismissal of an employee, the writ of execution must be returned to the bailiff may be specified in the order of the bailiff on sending the writ of execution to the debtor’s place of work (resolution of the Vladimir Regional Court dated March 15, 2013 No. 4a- 57/2013).

If the deductions are related to the payment of alimony, the fact of dismissal must be reported within three days to both the bailiff and the claimant (Part 1 of Article 111 of the RF IC).

For failure to fulfill the obligation to return the writ of execution in paragraph 3 of Art. 17.14. The Code of Administrative Offenses of the Russian Federation provides for serious liability.

Summary

When dismissing an employee, whether or not, but is required to be registered with the military, the head of the organization or the person responsible for maintaining military registration is obliged to submit the relevant information to the military commissariat and (or) local government bodies within two weeks. When dismissing an employee in respect of whom deductions were made from wages on the basis of a writ of execution handed over to the employer, the employer is obliged to immediately notify the bailiff and (or) the claimant about the dismissal and return the writ of execution to the bailiff or the claimant with a note of the performed collections.

Would you like to receive written legal advice on your issue? Call now!

The procedure for dismissing a conscripted employee

To dismiss an employee due to conscription into the army, certain specifications must be observed. It is important to understand that the employer cannot influence the employee’s call in any way, for example, delay it or cancel it. Everything needs to be completed in a short time. Despite the fact that the specific period within which the company must dismiss a conscript is not established by law, the dismissal procedure must be completed before the employee leaves for service. The last day of work, as in any other case, will be considered the day of dismissal (

Grounds and procedure for dismissal

Dismissal due to conscription into the army is mandatory, but the manager does not have the right to ask the employee to write a statement of his own free will, or to terminate the working relationship without the knowledge of the conscript due to a violation of internal regulations. The basis for dismissing a conscript is a summons for military service (it is sent to the place of registration of the young man or to the official work address).

Important! If the manager hides the presence of a subpoena and does not notify the employee, then fines will be imposed on him (Article 21.2, Article 23.11, Part 1 of Article 28.3 of the Code of Administrative Offenses of the Russian Federation).

The summons must contain a specific date for the conscript's appearance. Before this, the employee must undergo a medical examination, and the manager must prepare all the necessary documentation.

In this case, there is no need to draw up an application for resignation; an entry in the employment record must be entered on the basis of clause 1 of Art. 83 Labor Code of the Russian Federation.

All conscripts are required to work for two weeks if the conscription date is set no earlier than 14 days. If the deadline for serving the summons is violated, the employee will be dismissed without work.

Upon receipt of the story, the head of the organization is obliged to perform certain actions:

checking the correctness of filling out this document;
checking compliance with notification deadlines;
confirmation of familiarization with a signature.

After this, the document must be handed over to the employee who is called to serve. He must sign and begin the medical examination.

We prepare documents

IMPORTANT! A sample order for the dismissal of an employee due to conscription for military service from ConsultantPlus is available at the link

The dismissal procedure includes several stages:

drawing up an order in the T-8 form, it must indicate the reason for termination of the employment relationship, as well as indicate the summons number, draft date and who issued this document;
making an entry in the order book;
signing of the order by the conscript after familiarization;
making payments to an employee;
filling out the employee’s personal card, in which you need to write the reason and date of dismissal.

For each stage, it is necessary to prepare appropriate documentation for the employee and employer. All documents must be confirmed by the employee’s signatures, after which he will not be able to be reinstated at work after the army, indicating the illegality of the employer’s actions.

The order must be drawn up in the standard T-8 format. In the “Grounds” line, include the reason for leaving the state and a link to the article that relates to this circumstance (clause 1 of Article 83 of the Labor Code of the Russian Federation). A prerequisite for issuing an order is that the employee reads it and signs it.

We fill out the labor

In the work book you need to make a certain entry and indicate:

date of leaving the company;
grounds for dismissal and a reference to the law of the Russian Federation, namely paragraph 1 of Art. 83 Labor Code of the Russian Federation;
number and date of the corresponding order.

The wording of the entry may be as follows: “The employment contract was terminated due to circumstances beyond the control of the parties, in connection with the employee’s conscription for military service, paragraph 1 of part one of Article 83 of the Labor Code of the Russian Federation.”

Next, the signatures of the authorized person and the dismissed employee are affixed.

Attention! If an employee leaves for service under a contract, then in this case the employment contract can be terminated only by agreement of the parties or at his own request. Contract service is considered a transition to work in another organization.

The personal card must indicate the date and number of the order, as well as the reason for dismissal. The card is issued at the discretion of the employer and remains with him.

The head of the organization is obliged to provide notification to the military registration and enlistment office that the conscript has been dismissed. The delivery period is 2 weeks.

Important! This notice must be provided in writing. It must contain information about the order.

Employee's resignation letter

Important! Drawing up a statement is not mandatory when leaving due to conscription.

In this case, the basis may not be a statement, but a summons. Upon receipt of the subpoena, the personnel officer should study it carefully. If there are any doubts about its authenticity, it is better to check with the military registration and enlistment office that issued this document. The employee can bring the summons in person, or the military registration and enlistment office immediately sends it by mail to the employer.

Despite the fact that the employee is not required to write a statement, it is better to warn the company against unnecessary questions from the labor inspectorate and ask the employee to write it. Questions may arise regarding the date of dismissal. The application will indicate the date of dismissal, as well as the reason, which will somewhat simplify the work of the personnel officer.

Sometimes, having received a summons, a conscript may work for several more weeks, so it is better for him to determine the date of dismissal on his own. The employer does not have the right to decide when exactly to dismiss such an employee, and the employee may ask to do this even before the call-up deadline. In the application, he has the right to indicate any date from the moment the employer receives the summons until the date of departure for duty. The employer should not force the employee to work additional time before dismissal.

How long does it take to notify the military registration and enlistment office of dismissal?

In order to maintain up-to-date information contained in personal cards and in military registration documents of military commissariats, employees carrying out military registration in organizations are obliged: at the request of the military registration and enlistment office and local authorities, send within two weeks the necessary information about citizens who are required to be on military registration (item. It is worth noting that unnecessary data offered in the form is indicated by the note “cross out unnecessary.” The information is crossed out with a solid blue or black line. The information is submitted on a sheet with a corner stamp of the organization or educational institution.

Answer: In order to maintain up-to-date information contained in personal cards and military registration documents of military commissariats, employees carrying out military registration in organizations, on the basis of clause. Each organization must maintain military records of conscripts and employees liable for military service. The responsibility for maintaining such records lies with the head of the organization, while the employer can transfer the corresponding powers to an employee who will deal exclusively with military records or perform these duties additionally (in the latter case, this is, as a rule, a personnel officer). The employer's decision about whether a separate employee is needed who will deal only with such accounting depends on how many employees of the organization are registered with the military.

Inform employees of their military registration responsibilities. It's your desire - your choice! Information to the military registration and enlistment office. Notice of dismissal. The notice must indicate the date of dismissal. If you ask similar questions here, then the military registration and enlistment office will not work faster. Try contacting the military registration and enlistment office of the subject. It is necessary to return to the unit from leave and resolve the issue of dismissal at the place of duty.

If the deductions were related to the payment of alimony, the relevant information must be sent to both the bailiff and the person receiving alimony. The deadline for sending information in this case is three days (Part 1 of Article 111 of the RF IC).

In addition, the employer will be held liable for violation of the requirements of labor legislation, which is provided for in Art.

Thus, the dismissal procedure does not differ at all from the “standard” one, except perhaps only in terms of the reason for dismissal.

Making an entry in the work book

Based on the order, the employee responsible for maintaining labor records records the dismissal in the labor record. The wording will be as follows: “Dismissed due to conscription for military service, paragraph 1 of part one of Article 83 of the Labor Code of the Russian Federation.” The order is indicated as the basis.

When making an entry, you should take into account what service the employee is being called up for. If we are talking about alternative service, then the entry in the book will be different: “Dismissed due to conscription for alternative service, paragraph 1 of part one of Article 83 of the Labor Code of the Russian Federation.”

Important! As with any other dismissal, the employee responsible for maintaining the books signs the entry.

The corresponding records of dismissal are also entered into the employee’s personal card (

How should the military registration and enlistment office be notified of employees liable for military service?

B. According to these standards, the following should be involved in military registration in an organization: - one part-time employee if there are less than 500 employees subject to military registration; — one main employee if there are from 500 to 2000 employees registered with the military; — two main employees if there are from 2000 to 4000 employees on military registration; - one main employee for every subsequent 3,000 employees registered with the military. The total number of employees carrying out military registration in organizations is determined annually based on the number of employees registered in the organization as of December 31 of the previous year, using the above standards.

Regarding the citizen himself, his full name, address, year of birth and military rank, as well as the military service code designation (in full), are subject to display. After entering the organization’s data (name, legal address), the form specifies the position for which the employee was hired and the actual address of his structural unit.

When she returns to work after the end of her pregnancy or the end of her maternity leave, she must be notified of her dismissal a week in advance. For violation of this obligation by paragraph 3 of Art. 21.4 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability; submit annually, before November 1, to the relevant military commissariats lists of male citizens who will turn 17 years old next year (clauses 32 and 34 of the Regulations on Military Registration).

What responsibilities for maintaining military records do the employee responsible for this have? First of all, of course, check the presence of military obligation for those applying for work - see if there is a note about this in the passport, whether there are genuine military registration documents (certificate of a citizen subject to conscription for military service - for conscripts; military ID (temporary a certificate issued in place of a military ID) - for those liable for military service), mobilization instructions (for those liable for military service in reserve if there are marks on the delivery of a mobilization order on the military IDs), tokens with personal numbers of the Armed Forces of the Russian Federation (if there is a mark on the delivery of the token on the military ID). Answer: How to organize military registration of employees Organization of military registration All organizations, regardless of their form of ownership, are required to maintain their employees *(, ).

Since the Family Code of the Russian Federation does not establish a deadline for returning a writ of execution, it is advisable to return the document as soon as possible. Otherwise, the employer may be held administratively liable under Part 3 of Art. 17.14 of the Code of Administrative Offenses of the Russian Federation for failure to fulfill or untimely fulfillment of the obligation provided for in Part 4 of Art. 98 of the Federal Law of October 2, 2007 N 229-FZ.

This is done within three days after receiving the employee’s written application for the issuance of documents. These are personnel papers, and they are issued by the personnel department.

Procedure for notifying the military registration and enlistment office

After dismissing an employee, the employer is obliged to notify the military registration and enlistment office. This must be done within a specified period of two weeks from the date of dismissal. The notice can be sent by letter or delivered in person. When sending a notification by mail, the letter should be prepared with a list of the contents and a receipt. The notification form is given in Appendix No. 9 of the “Methodological Recommendations”, approved. General Staff of the Armed Forces of the Russian Federation 07/11/2017.

Important! Notice of the dismissal of a conscript should be sent to the military registration and enlistment office at the location of the employer, and not the former employee.

How can such a person be fired from his job?

An employee called up to the army is dismissed under paragraph 1 of Art. 83 Labor Code of the Russian Federation. The basis is a summons from the military registration and enlistment office. Regulatory documentation does not regulate the date of termination of the contract, however, the procedure must be completed at least one day before the employee departs for the gathering place. The citizen must have time to arrive at the address specified in the summons.

If a person has not notified the employer about leaving, the day of termination of the working relationship is set as the last working day in the institution. There is no need to dismiss a person directly on the day the notice is submitted from the military registration and enlistment office - this is possible only at the request of the employee.

An employee has the right not to work for the period specified by law in the organization upon termination of the contract due to military conscription.

Dismissal under paragraph 1 of Art. 83 of the Labor Code of the Russian Federation to the termination of working relationships due to departure for military service under a contract. In the latter case, dismissal is formalized at the initiative of the employee, which involves employment with another employer.

What documents are needed?

The basis that triggers the procedure for terminating a working relationship is a summons from the military commissariat. The document acts as a notification to the citizen about the need to undergo military or alternative civilian service.

Other subpoenas (for medical examination, submission of documentation) are not recognized as grounds for termination of employment relationships.

Since the dismissal does not occur by the employee’s decision, he is not required to write a letter of resignation. However, some employers ask to fill out an application to record the date of termination of the working relationship.

The dismissal order is issued in a standard form (T-8 or developed on the basis of T-8) indicating the reason for the citizen’s departure with reference to the normative act (Clause 1, Article 83 of the Labor Code of the Russian Federation).

The summons can be sent either directly to the employee or at his place of work.

In the latter option, the employer is obliged to notify the citizen about this (against signature) up to 3 days before the specified date of appearance at the commissariat. If the employer conceals the fact of the existence of a subpoena, he may be subject to penalties (Articles 21.2, 21.3 of the Code of Administrative Offenses of the Russian Federation).

In what order should I apply?

The procedure for terminating an employment relationship due to military conscription is carried out according to a standard algorithm, but with some features:

The dismissal is triggered by a summons from the military registration and enlistment office. A resignation letter is not a mandatory registration stage. The employer has no right to force the employee to write it. Working off is also not provided in this case.
Based on the summons, an order is issued, which the employee is introduced to upon signature. If a person is absent from the workplace, a corresponding mark is placed on the document. The date of termination of employment is the last working day of the conscript.
Information about dismissal is entered into the employee’s personal card and work book.
On the final working day, payments are settled with the citizen. Working documentation is handed over to him (work book, upon request, a copy of the order, certificate of income).

After the dismissal, the employer must inform the military registration and enlistment office about this within 2 weeks.

Filling out a work book

The entry in the work book includes the following data:

record number;
date of termination of the employment relationship;
reason for leaving;
order details.

The grounds for termination of the contract are entered in accordance with the wording in the order and must contain a reference to the legal act: “Dismissed due to conscription for military (or alternative civilian) service, paragraph 1 of Art. 83 Labor Code of the Russian Federation."

Sample entry in the work book about dismissal due to conscription into the army:

The work book is handed over to the employee on the final working day or remains in storage at the enterprise (in the absence of the employee). Upon written request, it can be sent by mail or given to an authorized person.

The procedure for dismissal without the participation of a conscript

Sometimes an employee is taken to work before the employer receives a summons. Therefore, the dismissal of an employee occurs without him, but only on the basis of this summons. The date of dismissal must be taken as the last day actually worked by the employee. Otherwise, the dismissal procedure will be the same.

The only difficulty that arises is that the employee cannot receive his work permit and also sign all the necessary documents. In such cases, it is necessary to draw up an act. The act indicates the reasons why the company cannot obtain the employee’s signature. In the order, instead of the employee’s signature, a reference to this act is placed. The employer must keep the work book until the employee comes to collect it.

Agreement termination date

If dismissed on this basis, the employee may not apply for dismissal in connection with joining the army - the reason for issuing the corresponding order will be a summons from the military registration and enlistment office and the decision of the draft commission on assignment to service (extract from the decision). It is important to correctly determine the date of termination of cooperation. The Labor Code of the Russian Federation does not say from what date the dismissal for conscription into the army should be counted, but obviously, the date must precede the date when the conscript must report to the place of duty specified in the summons. The last day of work is determined according to the general rules established by Art. 84.1 Labor Code of the Russian Federation.

Calculation of a conscript worker

When dismissed due to conscription, the employee must be paid the due salary, as well as compensation for the vacation he did not take. The procedure for calculating compensation is the same as for voluntary dismissal. If the employee took vacation in advance, they do not need to be returned (137 Labor Code of the Russian Federation). In addition to these payments, the employee is also paid severance pay in the amount of average earnings for 2 weeks (178 Labor Code of the Russian Federation, 292 Labor Code of the Russian Federation). Payment of such benefits is due only if the contract with the employee was concluded for a period of more than 2 months. The settlement is paid in the total amount in the same way as the payment of wages (Read also the article ⇒ Dismissal of a combat veteran).

When to calculate?

After signing the order, the employer is obliged to make a full settlement with the employee called up for military service.

The employee is not entitled to benefits only if the contract with him was concluded for a short period.

IMPORTANT!

An employee who has lost his job due to conscription into the army is paid a benefit in the amount of average earnings for 2 weeks (without days off), if the term of his contract exceeds 2 months. Otherwise, he is not entitled to the specified payment, unless otherwise provided by agreement of the parties.

To calculate the amount that should be accrued for the days actually worked, you need to divide the salary by the number of working days in the month and multiply by the number of actually worked.

The number of unused vacation days is calculated simply: the number of vacation days allotted for each month is multiplied by the number of months worked, after which the “spent” vacation days are deducted. When calculating, all calendar days are considered, not just working days.

ATTENTION!

Military service by conscription and contract are two different things. The contract is a voluntary choice of the citizen, which will also be paid. If an employee quits in connection with service under a contract, he is not entitled to severance pay in the amount of two weeks' average earnings by law. In this case, a letter of resignation of one's own free will is drawn up.

IMPORTANT!

All compensation and wages are issued on the day of dismissal. The money is transferred to the salary card.

All expenses incurred by organizations and citizens are compensated by the state. This is an obligation of Law No. 53-FZ, which is carried out in the manner determined by Decree of the Government of the Russian Federation of December 1, 2004 No. 704 “On the procedure for compensation of expenses incurred by organizations and citizens of the Russian Federation in connection with the implementation of the Federal Law “On Military Duty and Military Service.”

Preparation of documents and payments to employees

The order according to which dismissal is issued when joining the army is issued according to the rules introduced in the organization. Most often this is filling out the unified form No. T-8, approved. Resolution of the State Statistics Committee dated January 5, 2004 No. 1, or a similar form. There should be no difficulties - all data is copied from the documents. The employee is introduced to the order, as usual, with his signature.

Example of an order

Example of filling out a work book

On the last day, the conscript is issued a work book, and a full payment is made. Since, if you are drafted into the army from work, there is no time for unused vacation, the employer pays for the time actually worked, pays monetary compensation, as well as other amounts required by law or the collective agreement (employment contract).

In accordance with Art. 178 of the Labor Code of the Russian Federation, in addition the employee receives severance pay in the amount of two weeks’ average earnings.