How to submit a resignation letter at the end of a contract

To the commander of military unit 00000

I ask for your petition to the higher command for the dismissal of me, Lieutenant Colonel of Justice Ivanov I.I., in accordance with sub. "b" clause 1 art. 51 of the Federal Law of the Russian Federation of March 28, 1998 No. 53-FZ “On Military Duty and Military Service” upon expiration of the contract.

I ask you to leave me in the queue to receive housing (housing subsidy) for permanent residence at my last place of service - Moscow (or at my chosen place of residence - Moscow).*

Please send me to a military medical commission.

"__" December 201__

Articles on the topic (click to view)

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

* It should be noted that military personnel who began military service before 1998, when leaving military service with a total duration of military service of 20 years or more at the end of the contract, do not have the right to be provided with living quarters only at the place of military service, read here.

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When to write a report on dismissal from the RF Armed Forces at the end of the contract

28. Work on carrying out measures to ensure the timely dismissal of military personnel is carried out by commanders (chiefs) of military units with the participation of officials of personnel bodies, logistics and medical support bodies, financial support bodies (financial and economic bodies), and certification commissions.
The submission and the documents attached to it are sent in order of subordination to the personnel authority subordinate to the official of the Armed Forces who has the right to dismiss the serviceman from military service, with the expectation that they will be received by the personnel authority two months before the expiration of the serviceman's term of military service.

How to write a report on the dismissal of a contract serviceman - sample

• Expressing your desire to employees.
• Length of service - 25 years of labor experience or 12.5 years of military experience.
• When the contract ended.
• My health has deteriorated so much that I can no longer serve.
• Stripped of rank.
• The military man lost the trust of the unit and his superiors.
• The employee has a criminal record, confirmed by a court verdict, where dismissal was awarded as one of the penalties.
• The employee was expelled from a military educational institution.
• When a military man radically changed his type of service - for example, he became a deputy, the Ministry of Emergency Situations, a firefighter, a customs officer, etc.
• Renunciation of Russian citizenship and acquisition of another.
• Reduction in the number of military personnel.
• Refusal of a military man to undergo a medical examination in a timely manner.
• Presence of narcotic, alcoholic and other intoxicating substances in the blood of a military personnel.

And to this day, the law regulating military service, which was published under No. 53-FZ of March 28, 1998, is still in effect. and last edited on 07/03/16. Article 51 of this law describes in detail the grounds on which a dismissed person must leave the service after submitting a report.

How to submit a resignation letter at the end of a contract

This document is analogous to a regular resignation letter, which is written by employees at civilian enterprises. If a serviceman wants to end his service or change his field of activity, he draws up a document according to certain rules - a report addressed to a superior officer.

The termination of the contract is not the desire of the serviceman himself, therefore the reasons are not indicated in the report. If you have the required length of service, you should write about the need to provide housing or the right to use a housing mortgage, in accordance with Federal Law No. 117.

Explanations for the listed reasons

End of contract

When the concluded contract comes to an end, the serviceman has the right to choose the desired option from two:

• write a statement and leave the army
• conclude a new contract (extend the existing one).

To leave on this basis, action must be taken three months before its expiration.

The termination of the contract is not the desire of the serviceman himself, therefore the reasons are not indicated in the report. If you have the required length of service, you should write about the need to provide housing or the right to use a housing mortgage, in accordance with Federal Law No. 117.

If the contract is not renewed due to the conclusion of the medical commission that it is unfit for further service, then this must be indicated in the report and a copy of the medical document must be attached.

A correctly compiled report can be downloaded here.

At your own request

Having decided to leave the armed forces, the employee writes a report of his own free will, in which he indicates the reasons that allow him to do this. By agreement with management, you can write a report on leave with subsequent dismissal.

This is interesting: Violation of the rights of military personnel under contract 2021

Age limit

You can leave on this basis starting at the age of 45; it is this age, if you have the proper length of service, that is considered the limit for serving in the military forces.

To exercise this right, you must have a continuous work experience of 25 years, the service period must be at least 12.5 years.

Is it possible to challenge a prenuptial agreement after a divorce? More details here.

Age-based dismissal occurs when a person has reached the specified limit. Regarding this, the President made amendments to the existing norms of military legislation in 2017.

The age limit for personnel has been increased:

• senior ranks (marshal, colonel general) can sign contracts under the age of 70
• the rest of the officer corps extends their contracts to 65.

The application is drawn up according to the same rules, but the reason need not be specified; all the necessary information is available in the serviceman’s personal file. The sample can be downloaded here.

For health

Registration of dismissal for this reason will require a mandatory medical examination, only based on its results an order will be issued.

These include:

• syphilis
• cancer
• leprosy
• epilepsy
• mental disorders
• endocrine system diseases
• benign formations that disrupt body functions
• diseases of the circulatory system
• tuberculosis
• AIDS
• some other diseases.

If the medical commission discovers the presence of such violations of the citizen’s health, a decision will be made to release him from duties.

Sample report on this basis.

Emergency service

Men called up for military service upon reaching the age of 18 do not write anything. The end of military service is formalized by a corresponding command order. Soldiers who have completed their mandatory service are transferred to the reserve.

If there are family circumstances

A serviceman may terminate the contract if family circumstances prevent him from properly performing his military duty.

For example, relocation - if the family cannot live with him in a new place or a change of duty station of the husband/wife. In any case, there must be a serious reason for moving.

There are several other family-related circumstances that may be considered valid by the certification committee:

• caring for a loved one, you will have to provide medical documents
• child care if the family is single-parent and the serviceman is raising the child without the help of a second spouse
• raising a younger brother or sister if there are no parents or guardians.

In addition to the reasons indicated in the article, the certification commission considers other reasons described in the report.

If her decision is to recognize them as valid (that is, the combination of circumstances that led to the filing of the report really interferes with the service), then the request for release from duties will be granted.

The decision may be negative, in which case the report will be rejected. To effect dismissal, the applicant will have to go to court.

Dismissal at the end of the contract

An analysis of appeals from persons discharged from military service to the courts and military prosecutors for protection of their rights indicates the need for a detailed explanation of the procedure for excluding discharged military personnel from the lists of personnel of military units and making settlements with them. In accordance with Article 38 of the Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service,” the end of military service is considered the date of exclusion of a serviceman from the lists of personnel of a military unit. A discharged serviceman must be excluded from these lists on the day of expiration of the term of military service (dismissed early - no later than the day of expiration of the term of military service) and no later than a month from the date the extract from the order of dismissal from military service was received at the military unit, with the exception of cases , specifically provided for by law (staying on vacation, inpatient treatment, etc.).

Legislative framework

According to Articles 23 and 24 of the Labor Code of the Russian Federation, a contract with a military personnel can be terminated only if there are compelling reasons, for example:

• After the expiration of the contract. The contract for military service specifies its period. After its completion, the contract can be extended or terminated;
• If a person is declared unfit for military service for medical reasons;
• A person retires based on length of service. We remind you that to receive such benefits, the total length of service in military service must be at least twenty years;
• The person was deprived of his military rank (for example, due to a criminal offense);
• The serviceman is in prison;
• The court prohibited the person from engaging in military activities;
• When changing the citizenship of a military personnel;
• Breach of contract terms.

In addition, the legislation of the Russian Federation does not prohibit military personnel from terminating a contract on their own initiative. To do this, you need to write a resignation letter a month before the estimated date of the last working day.

The legislator identifies several reasons when contractual relations can be terminated:

• agreement reached between the parties;
• dismissal upon expiration of the employment contract;
• employee's desire;
• the initiator can be the employer, subject to compliance with procedural requirements and specified circumstances;
• if the employee wants to be transferred to another organization (if there is a letter of guarantee about his employment in a new place);
• a person is elected to a paid elective position;
• if an employee refuses to work after the reorganization;
• the original working conditions have been changed;
• due to health reasons, physical activity and types of work in certain conditions are contraindicated (when the employer does not have suitable vacancies or the employee does not agree to the transfer);
• for reasons beyond the control of the parties (for example, conscription into the Army);
• Violations of labor legislation were discovered during the hiring process.

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The relationship between command and subordinates in the armed forces of the Russian Federation was defined in 1998 by Federal Law No. 53. Article 50 determines the transfer of military personnel to the reserve if in the future there is a likelihood of conscription or resignation, which is caused by reaching the age limit or the identification of serious health problems. All reasons for dismissal are divided:

• beyond the control of the parties, related to age, health or expiration of time;
• to leave on the initiative of the command, caused by a violation of the charter or loss of trust;
• to resign on personal initiative.

In accordance with Article 53, early dismissal is possible if there are good reasons. Legal regulation of this area is carried out through Presidential Decree No. 1237 of 1999, the Federal Law “On the Status of Military Personnel” dated 05/27/98 and the Order of the Minister of Defense of the Russian Federation dated 09/30/2002.

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

On the last day, a full settlement is made with the serviceman, including the issuance of a work book, necessary documents, including certificates from military hospitals, and funds. If necessary, to calculate pension payments, a military personnel may request a certificate in form 2-NDFL.

• about the data of the person in whose name the report is drawn up;
• about the name of the document - “Report”;
• about trying to petition senior management for dismissal;
• about the reasons for which the dismissal is carried out, with reference to the relevant article;
• on consent or refusal to undergo military and military qualifications, as well as calculation of length of service;
• about the availability of housing. If a serviceman leaves with everything necessary (living space), then this fact is indicated in the document. Dismissal with the provision of housing is possible only if you have a certain length of service;
• about the address of the commissariat to which the personal file should be sent.

Reasons for dismissal from the Russian Armed Forces

Leaving the service is possible in several situations:

1. Reaching maximum age. The limit for a man is 50-65 years, depending on rank; women are dismissed after 45 years.
2. Violation of the terms of the contract due to the lack of due payments.
3. Changes in family circumstances. It will be impossible to continue serving if a person is responsible for raising minor children alone or caring for elderly parents.
4. Beginning of a political career as a deputy of the Duma, parliament or municipality.
5. Detection of a serious illness, including cancer, AIDS, problems with the heart, blood vessels or vision.
6. Violation of duty of service, lack of security clearance or demotion.
7. Violation of laws leading to receiving a suspended criminal sentence.
8. Transfer to the federal civil service.
9. Obtaining citizenship of another country.
10. Moving to another region.
11. Beginning service in the National Guard, Fire Department, or other service.

All these life circumstances require going through the dismissal procedure.

Dismissal from the RF Armed Forces, sample report and procedure

The procedure for terminating a serviceman's contract begins with a petition, that is, with a report to his superior, where the dismissed person writes about the impossibility or unwillingness to perform further service. Copies of relevant documents must be attached to the application, for example, if the matter concerns the relocation of the family, you need to provide copies of registration, and if we are talking about a lack of money, you should bring a certificate of family income and its composition.

The reasons described in the petition are considered by the certification commission, first of the military unit where the person wishing to resign serves, for 7 days, and then the regional commission meets. Its response can be given no later than 15 days from the moment the commission assembles, but in the case when the inspectors need additional time, the consideration of the application is delayed for another 15 days.

When is an employment relationship considered urgent?

An employment contract can be concluded for an indefinite period or a strictly specified period.
In an employment contract drawn up in writing, in addition to the main points where the parties to the legal relationship are defined, their basic rights and obligations, the duration of its validity is indicated.

The agreement is concluded:

• indefinitely - for an indefinite period (which does not prevent it from being terminated on legal grounds at any time);
• for a specified period.

Legal relations are temporary in nature if this is provided for by labor legislation and other federal legislative acts in the field of labor law:

• when the amount of work to be done can be completed in a short period (up to 2 months);
• a new employee is hired to replace a temporarily absent full-time employee if he is guaranteed to retain his job or position;
• the conditions for performing the work are seasonal (heating season or, say, the summer period for field work, harvesting);
• a deadline is expected in advance when the assigned tasks will be completed (which can subsequently be confirmed by an acceptance certificate for completed work, signed by both parties);
• if a student receiving education at any level needs to undergo an internship (internship);
• a person who has received unemployed status is sent by the employment center to perform paid public work;
• the conscript performs alternative civilian service (dismissal at the end of the contract);
• it is necessary that work be performed that is not part of the normal activities of the enterprise (for example, repairs, reconstruction of buildings, adjustment, installation work).

We invite you to read: How to draw up a will for an apartment: how much does it cost in 2021, what documents are needed

By agreement with the employer when hiring, a certain period can be agreed upon, even when the employment relationship can be established for an indefinite period, taking into account the nature or conditions of the work to be done, for example:

• when finding employment with individual entrepreneurs or small businesses;
• if we are talking about pensioners or persons who, due to health reasons, can only work temporarily;
• for work requiring travel to another area, harsh climatic conditions (North and equivalent areas);
• to perform work that can prevent disasters, accidents (or eliminate their consequences);
• with managers, their deputies and chief accountant;
• a person has a permanent job and wants to earn extra money by getting an outside job.

Sample report on dismissal of a contract serviceman

• military personnel - a person who is entrusted with the performance of official duties as part of military service in the ranks of the armed forces of the Russian Federation;
• report on dismissal from military service - an official document provided in writing or orally from a subordinate to a higher-ranking military man;
• certification - confirmation of the professional skills of a serviceman occupying a certain military position.

The commission’s task is to consider the validity of the submitted report. It does not make a decision on its own and does not fire the applicant. Based on the results that the commission came to when considering the submitted package of documents, it draws up a protocol, on the basis of which the unit commander makes the final decision.

How to quickly leave the army for a contract employee: procedure

Early dismissal of junior officers is carried out by the commander-in-chief of the branch of the Armed Forces of the Russian Federation, the commander of the troops of the military district, and officials equal to or higher than them. The procedure for dismissing a military personnel is regulated in Decree of the President of the Russian Federation No. 1237 and in Art. 23 Federal Law of the Russian Federation No. 76.

1. Collection of necessary documents for early dismissal depending on the grounds for dismissal (medical report from the Military Medical Commission, certificates of the health status of a relative, etc.).
2. Writing a report addressed to the unit commander indicating the reasons for leaving with references to regulations.
3. Conducting a conversation with the commander about the reasons for dismissal and drawing up a protocol, which is then attached to the personal file. It reflects information:

• reasons for termination of service;
• military experience;
• medical report from the IHC;
• need for housing;
• requests from the person leaving.

When terminating service at the end of the contract, drawing up a report is not necessary.

It has been established who has the right to dismiss a serviceman:

• senior officers are dismissed by presidential decrees;
• colonels, captains of the 1st rank, employees transferring to serve in internal affairs bodies - heads of bodies in which military service is provided;
• other military personnel - officials who are authorized to appoint military personnel to military positions;
• early dismissal of junior officers is carried out by the commander-in-chief of the branch of the RF Armed Forces, the commander of the troops of the military district.

Report on the dismissal of a military personnel

According to the Decree of the Government of Russia, the list of diseases that impede further activity in the army includes the following: tuberculosis, AIDS, cancer, leprosy, syphilis, blood diseases, benign formations with dysfunction, mental disorders, problems with the endocrine system, epilepsy. Confirmation of such a fact of deterioration in health is the reason for the person liable for military service to resign.

The wording of the reason in the report can also be as “limitedly fit” for a contract soldier serving under military conscription. The law prohibits the early dismissal of contract employees without their consent if the required length of service has not yet been achieved. The exception is cases of offenses for which punishment is incurred, as well as non-compliance with the terms of the contract.

Reasons for dismissal

The grounds for dismissal from the ranks of the Russian Army are listed in Article 51 “On Military Duties...”, they are considered general and apply when leaving the police (Ministry of Internal Affairs):

• according to the age
• expiration of the contract
• health status
• moving
• deprivation of rank
• violation of contract terms
• own wish
• change of nationality
• election as a deputy
• court order.

Dismissal for non-compliance with the terms of the contract is usually initiated by management, and a special mark is placed in the personal file.

The procedure for dismissal of military personnel at the end of the contract

If a citizen subsequently considers returning to the armed forces before reaching the age limit, he is sent to a military medical commission. Military personnel deemed unfit for further service are sent into retirement; those who successfully pass the examination are transferred to the reserve.

At least 4 months before the expiration date of the agreement, the serviceman has the right to submit a report on the conclusion of a new contract with him. The personnel service (the body responsible for recruiting the unit) must track the arrival of the required deadline and offer to write a report.

How to terminate a contract for a military serviceman at his own request

5. The law does not indicate cancellation beyond the statute of limitations for filing a report. If after 30 days you have not received an answer, then you have every right to appeal in court against the inaction of your superior authority. In addition, you can also contact the military prosecutor of your garrison where you serve or the prosecutor’s office at the place of residence of your boss, who is evading his duties.

Based on the findings of the certification commission, the commander (chief) of the unit will make a decision. Regardless of what conclusions the certification commission makes, the final resolution on the early dismissal of a contract soldier from military service is still made by the commander (chief), who has the right to issue orders for dismissal from service.

How to correctly write a resignation letter

In the military, the document about leaving is called a report. In order to terminate an employment relationship with the army early, it is necessary to present sufficiently compelling arguments. Persons performing military service under a contract rarely resign on their own initiative. Not many people know how to properly prepare a report on the dismissal of a contract serviceman.

There are plenty of cases when commission members reject a submitted report on leaving the armed forces. The serviceman should seek advice from a law firm that specializes in these cases. They will assist in appealing the decision. It is not possible to challenge the decision, but it is quite possible to prove the legality and seriousness of your arguments. The court will resolve the current situation.

How to write a report correctly: requirements for form and content

It is necessary to correctly draw up a resignation report. Some military units have special forms, but they are not mandatory. Therefore, a soldier can write everything himself using an A4 sheet.

It is required that the report be drawn up without errors or blots.
Their presence is considered a reason for refusing to accept documents for termination of the contract. Here are the basic requirements for a resignation letter:

• handwritten or typewritten;
• the contents of a clear request to dismiss, indicating the date and reason;
• the presence of a personal signature of the serviceman.

According to current legislation, contract soldiers can resign from the RF Armed Forces without paying the penalties provided for in the contract if the reason for this is valid.

However, the decision to accept the application is made by a special commission. She must make sure that circumstances do not allow her to fulfill her military obligations in full.

Expert opinion

Irina Vasilyeva

Civil law expert

If a serviceman has sufficient length of service, he can indicate in the report the need to provide him with housing, referring to Federal Law-117. The law allows you to receive a municipal apartment or payment from the NIS to purchase real estate.

Sample report on dismissal from the Armed Forces of the Russian Federation at the end of the contract 2021

• 1 How to write a dismissal report 1.1 If the report is rejected
• 1.2 Reasons for writing a resignation letter

There are several such reasons, and any serviceman has the right to terminate his employment relationship with the army. In order to leave the armed forces you need a good reason - What must a contract soldier do in order to leave the armed forces of the Russian Federation?

How many months before discharge from military service must I submit?

A report on dismissal at the end of a serviceman's contract is submitted six months in advance. From this time on, the unit commander may propose to extend the current agreement.

If a serviceman decides to leave the security forces, then he has several options:

• for health reasons (required to undergo a medical examination at a departmental clinic);
• upon reaching the maximum age (65 years for the main number of career military personnel, 70 years for marshals and colonel generals);
• at your own request.

Each of the dismissal methods has its own characteristics.

The least beneficial thing for a serviceman is to leave on his own initiative. Then he cannot receive part of the payments that are due to him. In particular, with a length of service of up to 10 years, it is impossible to use the money that is in the NIS.

Let us remind you that these are funds that are credited to an investment account. In the future, they can be used to purchase housing using a military mortgage.

If dismissal occurs upon reaching the maximum age, then the serviceman is entitled to various lump sum payments:

• five or seven salaries for service of more than 10 years or 20 years, respectively;
• one salary with insignia;
• other payments provided for military personnel who served under special conditions.

When a serviceman leaves the security forces of his own free will, and his length of service is less than 10 years, he is not entitled to payments.

Moreover, if he used funds located on the NIS, they will need to be returned. Thus, he will simultaneously be a debtor to the bank and the Ministry of Defense.

Therefore, it is necessary to carefully study all the consequences of dismissal before writing the appropriate report. Perhaps, if the problem lies in serving in a particular unit, it makes sense to transfer.

Here's how the voluntary resignation process works:

1. drawing up a report;
2. acceptance of documents by the HR department;
3. signing a report by the commander of a military unit and preparing a dismissal order;
4. provision of payment, work book and permission to leave the military unit on the last day of the contract.

In exceptional cases, it is possible to detain a serviceman on the territory of the unit. The reason for this may be his participation in military operations at the time of dismissal, a military or state of emergency in the country, or other force majeure circumstances.

The report can be submitted six months before the end of the contract. If a citizen needs to terminate the terms of his validity early, the issue must be resolved individually. The contract specifies all sanctions for early termination that fall on the serviceman. If family difficulties arise, it is better to try to take leave without pay to solve problems, and then return to the place of duty.