Dismissal at the end of the contract, actions of the parties to the employment relationship, payments due after termination of service

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Contract service requires a person to remain in the armed forces for two years or more, depending on the concluded contract. Unlike employees of an enterprise, these relationships end strictly at a set time, unless there are compelling reasons for early termination of the contract. In view of this, it is worth considering the main reasons for leaving the army, the specifics of the procedure for dismissing a serviceman, as well as the amount of severance pay and other benefits.

Legislative framework

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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.

Process Features

If neither party requests termination of the fixed-term contract, the employment relationship automatically becomes an open-ended one.

When an employee is hired temporarily to replace an absent full-time employee, dismissal is formalized without prior warning after his return.

An order for dismissal upon expiration of the employment contract can be issued, even if the person is undergoing treatment at that time.

The employer is obliged to pay the former employee for days of incapacity for work after presentation of sick leave.

When is early dismissal possible?

In accordance with the plenum of the RF Armed Forces No. 8 of 2014, termination of an existing contract is possible if leaving is caused by:

health status;
forced relocation of children and wife;
the need to care for relatives;
transfer by way of official demotion;
violation of contract terms by management;
service discrepancy.

In these cases, the procedure is performed according to the established order.

How to write a report to resign from the RF Armed Forces?

The report is drawn up in writing in any form:

In the upper right corner the details of the unit commander and the person submitting the report are indicated.
The name of the document is report.
Text of the document requesting a petition for dismissal to higher command. The basis for dismissal is given with reference to the normative act (Clause 1, Article 51 of Federal Law No. 53-FZ).
Request for referral to VVK.
The military registration and enlistment office is indicated for registration in case of transfer to the reserve.
Information is provided on length of service and availability of own living space.
Request for payment of due bonuses and allowances.
Date of document preparation and personal signature.

Sample report:

To the commander of military unit No. 12546

Colonel Petrov A.A.

Report

I ask for your petition to the higher command for the dismissal of me, Captain Ivan Ivanovich Ivanov, from military service due to the expiration of the contract for military service in accordance with sub-clause. "b" clause 1 art. 51 Federal Law of the Russian Federation “On military duty and military service” dated March 6, 1998 No. 53-FZ.

Please direct me to undergo the IVC.

Please send your personal file for registration to the Internal Affairs Department of the Orenburg Region in the Krasnogvardeysky District.

08/01/2019 Signature

The procedure for dismissal of military personnel

According to legal provisions, dismissal occurs automatically upon completion of the contractual period. The decision on the further fate of the serviceman is made 6 months before this date. It is the commander's responsibility to assess the physical and moral condition of his subordinate. Based on this, a decision is made to extend the contract. In this case, work continues.

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If the dismissal of an employee is inevitable, the case must be sent to calculate the length of service. This allows you to determine the amount of severance pay. At the end of the service period, a corresponding entry is made in the work book with the date and order number.

If circumstances arise that require leaving service on personal initiative, the citizen is required to prepare documents confirming the existence of compelling circumstances for terminating the contract. Based on this, a report is written and submitted to the command.

After this, management organizes a conversation, during which the possibility of continuing service in the current conditions is determined. Then a package of documents is collected and submitted to the certification commission to receive recommendations regarding termination of the contract. On this basis, a dismissal order is drawn up with payment of compensation due to the person.

Order

The algorithm for terminating a contract is quite simple: a report, if the reasons for the procedure are the desire of the citizen or circumstances beyond his control, or an order from the command, if there are violations on the part of the contractor.

After the report, it is mandatory to carry out some additional actions:

the report is studied by management (submitted 1 month before dismissal);
measures are taken to verify the reasons specified in the document: certification measures and a medical examination may be prescribed;
if the decision is positive, the applicant is excluded from the personnel lists;
the contract soldier receives a work permit;
at the same time they carry out settlements with him on all issues of monetary allowance;
draw up the necessary documents and submit them to the military commissariat at the place of registration;
receiving the order and signing it;
obtaining a work book;
may request a 2-NDFL certificate to calculate pension payments.

The standard package of submitted documents is as follows: a report, medical certificates, personal card, applications and other certificates necessary for calculating a pension and affecting its size.

Report

This document is submitted in particular in such cases (points are indicated from Article 51 of Federal Law No. 53):

at the end of the period (clause 1, clause B);
at your own request (clause 6);
according to the age limit, which ranges from 50 to 65 years (women - 45) with 25 years of experience (for law enforcement officers - 20), of which service is at least 12. The age is specified in Art. 49 Federal Law No. 53;
has not passed the trial period (clause 2, clause E);
;
for family reasons.

The period for reviewing the report is 1 month.
With the possibility of extension, but not more than 1 month. The document indicates: the reasons for dismissal, the circumstances and documents confirming this (they are attached), whether the citizen was provided with housing, where his case should be sent, whether there is a need for a medical examination.

Reasons for dismissal from the Russian Armed Forces

Leaving the service is possible in several situations:

Reaching maximum age. The limit for a man is 50-65 years, depending on rank; women are dismissed after 45 years.
Violation of the terms of the contract due to the lack of due payments.
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.
Beginning of a political career as a deputy of the Duma, parliament or municipality.
Detection of a serious illness, including cancer, AIDS, problems with the heart, blood vessels or vision.
Violation of duty of service, lack of security clearance or demotion.
Violation of laws leading to receiving a suspended criminal sentence.
Transfer to the federal civil service.
Obtaining citizenship of another country.
Moving to another region.
Beginning service in the National Guard, Fire Department, or other service.

All these life circumstances require going through the dismissal procedure.

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.

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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).

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.

Dismissal of military personnel under contract

In some cases, the departure of contract employees is due to:

violation by a soldier of the terms of the contract;
the entry into force of a court decision on deprivation of liberty;
unsatisfactory results of chemical-toxic examination;
identifying the fact of using prohibited substances for non-medical purposes;
committing an administrative or disciplinary violation.

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A decision on early dismissal may result from two different offenses by a service member. Stopping further cooperation may also manifest itself in a refusal to renew an expiring contract.

Early dismissal of contract military personnel

The basis for writing a report will be a medical report drawn up by representatives of the military medical commission, if it indicates partial or complete unfitness for service. It is also an appointment to the role of a guardian, which involves caring for elderly or sick relatives.

If leaving is caused by a change in marital status, it is important to prepare the relevant documents:

certificates of divorce with the transfer of the right to care for children to the person serving;
a medical certificate notifying the need to move for health reasons, if transfer to that area is impossible;
death certificate of one of the close relatives during the period of service;
a document confirming the accession to the rights of an official or election to the post of a military judge;
document of appointment to a public post.

Reasons recognized by the certification commission become valid grounds for early dismissal.

Report

A citizen undergoing military service has the right to submit a report stating that he wishes to terminate his employment relationship. This must be done at least 4 months before the contract termination date. The personnel authority of the military unit is responsible for monitoring these deadlines. Employees of this unit must invite the citizen to generate a report.

As an exception, the situation is considered when dismissal occurs upon termination of the period during which the contract is valid. It is worth noting that the legislation does not contain prohibitions regarding writing reports upon termination of employment relationships.

In this regard, the unit command has the right to ask the employee to draw up the act in question in the event of leaving service. Then you can use the sample report. The termination period for the relationship resulting from the contract does not apply if the dismissal occurs early. In particular, if the initiative is taken by a citizen. It is envisaged that the report will need to be generated one month before the approximate date of dismissal.

Illegal dismissal of a military personnel

Cases are often recorded when the procedure is carried out in violation. This is expressed in neglect of deadlines during the preparation of the order, exclusion from the list of personnel without the person’s knowledge, refusal to provide housing to an officer with more than 10 years of service, and exclusion of a pregnant woman from the list of military personnel.

In such a situation, the issues are resolved:

with the unit commander;
with representatives of higher command;
with employees of the military prosecutor's office.

Each step is carried out if the issue is not resolved in a lower authority. If the problems affect the improvement of living conditions or payments, an appeal is made to a military court. 3 months are allocated to complete the procedure.

If the court sides with the applicant, he can count on reinstatement in case of illegal dismissal. An additional bonus is compensation for legal costs.

What is the dismissal procedure like?

Both parties to the employment relationship must follow the established termination procedure. If HR department employees make mistakes, this may affect the person’s ability to be reinstated in their position and demand compensation.

From the command of the unit

If the command decides to terminate the employment relationship with a person, then it will be necessary to issue a corresponding decree. Until this moment, you need to perform certain actions:

collect information about how the service was carried out, calculate the amount of length of service;
conduct a conversation with the citizen, and reflect the main points in a special document.

The result of calculations based on accumulated experience and length of service will need to be communicated to the person being dismissed so that he has the opportunity to object if he disagrees with anything. Everyone who took part in the conversation must sign the document.

From the side of the military man

A person bears service responsibilities until he is excluded from the lists. It is not allowed for him to leave the place of duty, even if the period of service has been completed. If a citizen does not go to work without permission, this is considered as abandoning his place of duty. In the future, he will be brought to disciplinary responsibility.

To avoid such situations, you need to make sure that the command of the unit has issued an order. Before removing a person from the list, he must be provided with food products and paid in full. If the employee subsequently plans to return to the military unit and work there until he reaches the maximum age category, he will need to undergo a doctor's commission.

When a citizen is declared unfit for further service, he is sent to retire. Those who successfully passed the commission will be dismissed and sent to the reserve.

Payments upon dismissal

The amount of monetary compensation is determined depending on the length of service and personal achievements. Thus, people who have served less than 20 years can count on payment of 2 salaries. After 20 years of service, severance pay increases to seven salaries.

If during the period of service a person received an honorary title or state award, his remuneration increases by 1 salary. A conscientious attitude to work is rewarded with a bonus in the amount of three salaries.

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Dismissal from military service at the end of the contract

Expulsion from the army at the end of a contract is the procedure a soldier must go through to retire.

There are several reasons why an army player can be fired.

For example, the following reasons may be presented:

In case of service termination.
In stock. A soldier is sent to the reserves upon reaching retirement age. In this situation, the military is considered unfit.
Resigns. If the service age is exceeded, the man goes on vacation.
At the end of the contract.
When changing citizenship.

Dismissal at the end of the contract is considered retirement. The maximum age of a soldier has been exceeded and the person is sent to a well-deserved retirement with financial compensation and corresponding benefits. Men retire at a maximum of 65 years of age, and women at 45.

Employees who have already reached the maximum age can extend their contract. The maximum age limit is seventy years.

Many military personnel are interested in the discharge process. This procedure must be followed in order to receive all benefits.

What needs to be done?

Submit a report one month before the date of dismissal;
Report your decision to your superiors;
Pass a medical examination;
Then provide the documents;
Sign the order;
Receive a report and work book.

The soldier also has the right to receive additional documents. They can be a 2-NDFL certificate, on the right to establish the accrual in the form of a pension.

Report

Before resigning from the army, you must write a report to management. It must contain a request to undergo a military commission . Based on the results, a suitability category is assigned.

If a person wants to continue serving, he can resume his activities in this or another structure.

If, according to the commission, his health allows him to work in the army, the military man can receive benefits. The commander reviews the accompanying documents, makes a calculation and signs the dismissal order.

Registration procedure

In case the soldier has decided not to renew or enter into the next contract, and he wants to leave the service.

First of all, he needs to notify the command and draw up a report.

After this, the document is signed.

Payments

After the contract is completed, the soldier has the right to receive payments.

If the total duration of service is less than twenty years, then the citizen has the right to two salaries. If more than twenty, then the maintenance is equal to seven salaries.

Information about the payment is established in the soldier’s personal file. If there are no penalties at the time of payment, all duties were properly performed, the following is additionally paid:

Award for proper performance of duties;
Financial assistance, which is calculated in proportion to the months of service;
Cash payments for overtime;
Compensation for duty;
Funds for unused vacations.

If the soldier has other incentives, other payments for the last month of work are paid as bonuses.

If a soldier is injured or injured during service and this prevents him from performing his duties, he can receive a benefit in the amount of two million Russian rubles.

Vacation compensation

Soldiers are paid full compensation for unused leave. Rest is provided to all soldiers. Duration, if the service life is less than ten years - thirty days, if more than 10, then 35 days. Upon dismissal, the command pays all unused vacations.

Housing subsidies

A soldier who used a service apartment during his service must vacate it at the end of his contract. Employees have the right to receive housing benefits.

Subsidies are determined at the federal level.

If the expiration date of the contract coincides with the age limit, reduction in position, or the soldier was called unfit, the state issues apartments.

The important point is that in these cases the total experience must be at least ten years. A citizen registers to improve their living conditions. After some time, the soldier will be given an apartment.

Documentation

What is needed to register a dismissal?

Personal card;
Medical certificate;
Report of the established form;
Statement;
Additional information for calculating pension payments.

At the end of the contract, the military man is paid a lump sum benefit . To calculate benefits, the soldier’s working time is indicated.

How much money a soldier will receive may depend on his length of service. If the duration is less than twenty years, then two salaries are due. In the case of a longer period of activity - seven salaries.

Information about benefits must be recorded in the personal file. The size depends on the position by rank. The citizen can get a job again. The calculation is made based on the total length of service.

Those soldiers who served for more than ten years can receive housing property free of charge.

The state can also provide assistance in providing housing space under a social rental agreement.

For the military, funds may be allocated for the construction or purchase of an apartment.

Those soldiers who have served for more than twenty years have subsidies for the purchase of living space.

Additional payments upon dismissal

A person leaving the army for health reasons can count on additional insurance assistance. Its size is determined by a specialized commission. Additional financial assistance is also provided to military orphans.

Having a certain length of service, a person can expect to receive housing at the rate of 18 square meters per person. With a shorter service life, it is possible to take advantage of a military mortgage, which offers a lower interest rate compared to bank offers.

Calculation

Upon termination of a contract, a serviceman can expect to receive monetary compensation in the form of:

two salaries if the length of service is 20 years;
seven salaries for more than 20 years of service;
bonuses;
material assistance, if it has not yet been provided to the military personnel in the current year;
cash for vacation that was not used.

The amount of cash payments provided to a serviceman upon dismissal is determined individually and largely depends on length of service, rank, position and existing awards.

It is important to know! If a serviceman commits guilty actions that violate the clauses of a previously concluded contract, he may be deprived of monetary payments and benefits in whole or in part.

Housing is also included in the calculation, but taking into account the fact that the serviceman does not have housing, and his length of service allows him to qualify for preferential conditions or full support. Service housing is vacated within three months.

If the end of the contract coincides with the payment of the military mortgage, then the length of service is important. If you have served for more than 20 years, part of your savings can be invested in a mortgage or other option for purchasing a home. When serving for more than 10 years, a soldier also has various benefits and subsidies.

All necessary documents and certificates are issued along with the calculation. All documentation must be issued no later than the day of dismissal. An important point is the need to provide those leaving with vacation days that were not taken off.

Read on topic: Dismissal of military personnel due to loss of trust

Who is not paid benefits?

Denial of one-time payments applies to persons:

demoted due to receiving punishment for a crime;
expelled from educational institutions;
transferred to other security forces;
having a suspended criminal record;
who have not passed the test for access to state secrets.

If the reason for dismissal was a violation of the terms of the contract, you should not count on payments.