Violation of the rights of military personnel, the procedure for dismissal upon reaching the age limit.

What is this procedure?

The age limit is understood as the age at which a serviceman will no longer be useful to the army and, for a number of reasons, is no longer fit for service.

If a serviceman has reached a certain rank and does not receive a promotion, then he is subject to dismissal based on the age limit.

When is the age limit?

Age is determined based on the title received:

• 65 years old - admirals, including the fleet, colonel generals, generals and marshals;
• 60 years - rear and vice admirals, lieutenant generals and major generals;
• 55 years old - captains of the 1st rank, as well as colonels;
• 50 years - other titles;
• 45 years - for female employees.

Who can be the initiator?

A person liable for military service has the right to resign based on length of service while retaining all benefits and allowances , military pension and mortgage. Having reached the age limit, he can enter into a new contract with a service period up to 65 years. The initiator of such dismissal can also be the command if, according to the results of the certification and military commissions, the serviceman is recognized as unfit for further service (most often the reason is health status).

Procedure for going into reserve

The dismissal of military personnel, regulated by Federal Law No. 53-FZ of March 28, 1998 “On Military Duty...”, is generally assumed to be a transfer to the reserve. However, if the reason is that the employee has reached the age limit, there is only one option for dismissal - resignation.

Regulations on the procedure for military service, approved. Decree of the President of the Russian Federation of September 16, 1999 No. 1237 allows the conclusion of a new contract with those military personnel who have already reached the age limit (clause 3 of Article 9). In this case, the new term is defined as 70 years for the Marshal of the Russian Federation, general, colonel general, admiral; 65 years for all other military personnel (Article 10).

The dismissal procedure is quite simple - the serviceman must write a report in any form indicating his data and submit it to the head of the unit. A decision will be made based on the report.

This rule is not applicable to dismissal for loss of confidence, failure to fulfill duties, inadequacy for the position held and some other grounds listed in paragraph 12 of Art. 34 Regulations on the procedure for military service.

dismissed due to reaching the age limit for service,
receives the full payments and benefits due to him, which are the same for all regions of Russia. For those who served in the Far North and equivalent areas, as well as in some areas of the Far East and Eastern Siberia, there are additional allowances.
Benefits for military personnel that retirees can count on upon reaching the age limit include:

• Free medical care in a clinic owned by the military department for retired military personnel and for members of his family.
• Once a year, the military medical commission can provide free travel to the place of treatment if necessary.
• Benefits when paying taxes on land or property (apartment, residential building, room, outbuildings or garage).
• If a discharged military man registers with the employment service, he is offered a job first.
• If at the first job after dismissal there is a reduction in staff, then the former military man will have priority - he should be left in his position for as long as possible.
• Children of former military personnel have the right to travel to summer camps, as well as priority enrollment in schools and kindergartens.

Article 219 of the Code of Administrative Proceedings of the Russian Federation states that from the moment the military man learned about the violation of his rights, a statement of claim must be filed within three months.

Procedure

How to write a report?

The report is submitted in any form and in writing. It can be written by hand or printed on a computer. The sample is obtained from the HR department. It is important to clarify the nuances regarding its completion.

1. The “header” indicates the name for whom the document is being submitted, the name of the military unit, full name and rank of the serviceman.
2. The descriptive part must reflect the reason for dismissal, in this case reaching the age limit.
3. Signed and dated at the bottom.

The report is accompanied by papers that confirm the grounds for dismissal.

Notification

This notification must be received by the serviceman no later than four months before he is removed from the unit’s lists. This is done so that he has the opportunity to enter into a contract for the purpose of extending his service. The notification is drawn up in the personnel department , they are the ones who must monitor all deadlines.

The document states:

1. full details of the addressee;
2. information about the part to which it is attached;
3. and exact deadlines for the end of service.

The notification is delivered in person against signature or sent by registered mail.

We described in a special article how the dismissal of a military man is properly formalized when his contract expires, who and how should notify the employee about this.

Drawing up an order

The order is drawn up by the unit commander or the person who temporarily performs his duties. It is printed on a standard sheet and signed by one person. The title part indicates the actual name of the military unit. The order consists of paragraphs, which, in turn, include points that are arranged alphabetically. They contain the following data without abbreviations:

1. military rank;
2. Full name (last name is written in large font);
3. the position that the serviceman occupies at the time the order is issued;
4. name of the military unit and formation.

The branches of the clauses of the orders for the dismissal of a serviceman indicate:

1. date of his birth;
2. length of service in the Armed Forces of the Russian Federation (in calendar and preferential terms);
3. in which military commissariat you need to register for military service;
4. serviceman's personal number;
5. information about the contract (for how long it was concluded, when and by whom);
6. conclusion of a military medical commission on fitness for military service;
7. other information confirming the rights and benefits of military personnel;
8. digital codes established by the instructions of the Main Personnel Directorate of the Ministry of Defense of the Russian Federation.

Filling out personnel documents

After the order is issued, the personnel department begins to collect a folder of documents, which will soon be transferred to the military registration and enlistment office at the further location. It includes:

• the order itself;
• notes of the interviews;
• hearings of the certification commission;
• results of the military medical commission;
• copies of all military documents identifying him and documents confirming his rights to benefits.

A work book is not issued, it is received at the place of new work , and there, if desired, you can make a note about military service. Documents are being prepared to exclude the employee from the unit’s lists.

On our website you will find other useful publications telling about the procedure for dismissing military personnel, after reading which you will learn:

• How does the dismissal of contract military personnel take place, how to leave service and correctly submit a report?
• How to terminate a contract early and how to fire for non-compliance with its terms?
• Why and how is professional retraining needed?

Dismissal process

If the serviceman has not expressed a desire to continue military service, then higher management must carry out the procedure for dismissing and sending the citizen into retirement. The process of canceling a contact is strictly regulated and requires full compliance with the standards provided for by Federal Law No. 53. When carrying out the dismissal procedure, it is recommended to adhere to the following algorithm:

• the serviceman draws up and submits a resignation letter to senior management - a report;
• a certification commission is convened, which conducts a full study of the reasons for dismissal;
• the commission makes an appropriate conclusion, but the final decision remains with the unit commander. In this situation, the commander is obliged to approve the report, since a refusal will lead to a violation of the rights of a serviceman who has reached the age specified in Art. 49;
• All documents are prepared and filled out, an entry is made in the work record and a settlement note is filled out.

Based on the settlement note, the serviceman is given all the required funds. Also on the last day, a work book with an entry made in it and documents requested by the citizen on an individual basis are handed over.

It is important to know! If the unit commander deliberately delays the dismissal procedure or improperly rejects the report, then the citizen can file an application with the prosecutor’s office or the court.

What payments are due?

1. One-time severance pay . The size of this payment directly depends on length of service. If it is less than twenty years, then the payment amount will be two salaries, more than twenty years - seven salaries.
2. Wage . In addition to severance pay, monetary allowance is accrued for the current month of service.
3. Compensation for unworked vacation . If there is unworked vacation, compensation is paid equal to the usual vacation subsidy.
4. Premium payments . A bonus may be awarded for excellent service and good performance of one's duties. The size of such a bonus will be up to 25% of wages.
5. Annual financial assistance . The amount of annual assistance cannot exceed the average official salary assigned for the existing rank and position held. You can receive this assistance provided that it has not yet been accrued this year. To do this, a report is submitted to the unit commander.
6. Compensation for clothing property or clothing allowance itself . Issued in the amount of the value of items of clothing for personal use, obtained by submitting a report addressed to the commander.
7. Other payments . If a serviceman is declared unfit for further service due to an injury, the state pays a one-time compensation (2 million rubles) and assigns a monthly cash allowance.

All payments must be accrued before the serviceman is removed from the unit's lists.

We talked about what kind of monetary payments military personnel can expect upon dismissal here.

Drawing up a report

The dismissal procedure begins with the submission of a report to the military personnel. This document does not have a single template, which allows it to be compiled in free form. Exceptions occur when a military unit has developed its own report form, which is mandatory for use. In such a situation, the service member will need to contact the human resources department to obtain a sample.

In other cases, the document is drawn up on an A4 sheet and can be presented in both printed and handwritten form. It must be free of errors, corrections, blots or false information. Otherwise, the HR department employee may refuse to accept the report.

The document must contain the following information:

• name of the military unit;
• title, position and full name of the person in whose name the report is being submitted;
• title, position and full name of the applicant;
• document name – “Report”;
• request for dismissal;

• the reason why a person cannot continue to perform his duties is reaching the age limit;
• provision of living space. If upon dismissal a serviceman is left without housing, then this fact must be indicated in the report. In such a situation, a person retires, but remains in line to receive an apartment;
• consent or refusal to undergo examination of the IVC;
• the name of the military commissariat to which the serviceman’s documents must be sent for further deregistration.

At the end of the report, the applicant must indicate the date of its preparation, as well as indicate his position, rank, full name and signature.

The document is drawn up in 2 copies and sent to the HR department 30 days before the date of dismissal. On the second copy, which remains with the serviceman, the responsible person must put the date of registration of the document, as well as the assigned number. This will allow the serviceman to prove that the deadlines for filing the report were fully met. The document is reviewed by senior management and the final decision is made within two weeks.

When a serviceman reaches the age limit for his category, he can either resign or continue serving if his health is appropriate. Upon dismissal, you will need to write a report indicating the reason in the form of reaching the age limit. The entire dismissal process subsequently follows a standard procedure.

Source of the article: https://u-volnenie.ru/posts/raport-na-uvolnenie-po-predelnomu-vozrastu

Social guarantees

• Right to housing. The state undertakes to provide the serviceman with housing or allocate the necessary funds for its purchase. The information of the dismissed person is entered into the unified register of military personnel. Distribution occurs on a first-come, first-served basis. The size of the living space should not exceed eighteen square meters per family member.
• Preservation of employment opportunities for military service in government organizations for three months.
• Percentage bonus on wages.
• Priority for employment in employment centers.
• Military pension.
• Maintaining a job in the event of a layoff, if this position is occupied for the first time.
• Military mortgage with a reduced interest rate, where the guarantor is the state. They also pay part of the loan amount. Given if the right to receive housing has not been confirmed.
• Benefits when purchasing air and train tickets.
• Sanatorium-therapeutic rest.
• In case of injuries received, free medicines, care and treatment in a military hospital.

For many, the dismissal of a serviceman upon reaching the age limit is an event that can ensure continued existence, and although military service is dangerous and difficult, if the nuances and procedure are followed, the gratitude of the state becomes a significant contribution and gives a good start in life.

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The procedure for dismissal from the RF Armed Forces

Military service is considered to be at the federal level, therefore the procedure for dismissing employees for any reason, including reaching the age limit, is carried out only on the basis of acts of federal significance.
Subjects have the right to introduce their own rules. As you know, the army has a strict hierarchical structure.

A person who has decided to go to serve for the benefit of the state has the right to independently choose the type of military service. When service is carried out by conscription, movement is carried out according to necessity and objective factors. Military personnel who have length of service can retire.

According to federal law, reaching the age limit allows such individuals to retire. The procedure for dismissing a military personnel upon reaching the age limit involves drawing up and submitting a report in writing and in any form. It can be handwritten or typed on a computer.

Dismissal of a serviceman upon reaching the age limit: procedure and sample report

The procedure for dismissing military personnel is significantly different from terminating labor relations with employees of various enterprises and companies. This procedure has its own nuances. One of the features of terminating a contract with such a subordinate is the reasons for which a person in military service may be dismissed.

Cancellation of a contract is possible due to age, upon expiration of military service, for health reasons, as well as in the event of deprivation of military rank. This article discusses dismissal based on the age limit of a military personnel.