Dismissal of a conscripted soldier (early dismissal, delay, allowance)

Grounds for dismissal of contract workers

All contract soldiers are conventionally divided into privates and career officers. Military personnel sign appropriate contracts, which specify certain conditions for dismissal. They are as follows:

Failure to comply with certain clauses of the contract. The signed document defines the contract soldier’s responsibilities, if not observed, he may be sent to the reserve.
At the end of the contract, a serviceman may receive a report on his transfer to the reserve from military service.
In some cases, the validity period of the signed contract is reduced due to deteriorating health. Moreover, if the problems are related to the direct performance of his military duties, the military man may also be dismissed (if it is established that he received an injury or deteriorated health in connection with the performance of his duties, a decision may be made to accrue an increased pension).

Each of the above reasons requires a specific dismissal procedure, which is not significantly different in the case of ordinary employees or officers. Among the features are:

If you have served for more than 10 years without being provided with housing or a preferential loan for its construction, a serviceman cannot be transferred to the reserve. The exception is the case when an injury has occurred or the state of health has significantly deteriorated.
If the transfer to the reserve is carried out for valid reasons and housing was not provided, but this point is indicated in the documents. After leaving the state, a military man can expect to receive housing under special conditions.

Often, legal proceedings occur precisely because the dismissal takes place without assignment of housing or provision of any benefits.

Most attention is paid to the case when military personnel are withdrawn from the state due to reaching the maximum age or due to health problems. This is due to the fact that officers retire, and not into the reserve. The state of health is determined by a medical-military commission, which makes a decision. Rarely, but still there are cases when dismissal is carried out by a court verdict on punishment in the form of imprisonment.

The employee did not quit and joined the army

In order to cheat and leave their place at work, conscripts may not inform their boss about the conscription. However, the law regulates this issue: an employee subject to conscription must be dismissed no more than 3 months after being sent to his place of duty.

Important information for employers in the video:

Dismissal due to military conscription differs from the usual procedure. It is necessary that the employee notify his superiors in a timely manner about his resignation. In turn, the manager will prepare documents and carry out the dismissal procedure legally.

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Features of the procedure

Established laws do not allow the dismissal of a contract employee or career officer without his consent if he does not have the required length of service or has not received the right to a pension. Exceptions include violating a signed contract or committing a crime. Other important points are as follows:

Only the President of the Russian Federation can dismiss a serviceman before the end of the contract, since he also has the rank of Supreme Commander-in-Chief and can issue appropriate decrees.
Colonels and captains of the first rank in the Navy can be dismissed in accordance with the procedure that was previously approved by the Ministry of Defense of the Russian Federation.
The number of military personnel also includes persons undergoing training in professional military educational institutions. In this case, the deduction is equivalent to transfer to the reserve. The rule does not apply to women, since they are not considered liable for military service (an exception is the presence of medical or other education, which determines the connection with military service upon the onset of wartime).
If during training a cadet was expelled due to violation of the regulations or poor academic performance, then he has the right to serve under a contract.
The order for early dismissal is issued by the unit commander. Most often, violations are associated with starting a business, obtaining leadership positions in commercial organizations, failure to comply with direct orders, and undermining trust in command. They can also be removed from service if property abroad or accounts in foreign banks were discovered during the investigation. Investigations are often carried out by an internal structure; after signing the order, the serviceman must familiarize himself with its contents, as well as go through the reporting procedure for the material and economic part. Registration for military service after transfer to the reserve is a mandatory condition. A similar procedure is associated with deteriorating health conditions.
In some cases, the reason for early termination of a contract is the initiative of third parties. An example is the case when a citizen is elected as a deputy of local government. After the powers have been removed, the former deputy can return to military service.

Failure to comply with direct orders will result in disciplinary dismissal. Such a decision is made exclusively by the certification commission, which investigates and evaluates the actions of the serviceman.

Order

The dismissal of a military personnel carrying out his activities on a contract basis must be carried out only with his consent. Exceptions are situations where a person has reached the age limit, is in poor health, has violated the terms of a contract, or has committed a crime for which he has been punished.

It is worth considering that the dismissal of senior officers can only be carried out by the President of the Russian Federation, to whom they directly report.

The dismissal procedure itself is strictly regulated at the legislative level and deviation from the requirements is unacceptable. 6 months before a person reaches the age limit or the expiration of the contract, the commander of the unit in which the citizen serves must:

find out about the possibility of concluding a new contract. In this situation, many factors are taken into account, including the person’s health status, availability of personal living space, psychological state, length of service;
if the decision on dismissal was made finally, then the serviceman’s personal file is sent to the authorized body, which calculates the length of service;
if necessary, the serviceman is sent to undergo a special commission that will accurately determine the person’s health status;
if there is a need, the person is granted leave, both regular and additional. They must be completed before the date on which the dismissal order is issued.

It is important to know! 4 months before dismissal, a person must undergo final military certification, and 3 months before a special conversation is held. It has a closed format and is mandatory, as it is enshrined in law.

Termination of a contract and transfer of a person to the reserve is accompanied by a submission in the established form, which is drawn up in writing and signed by the unit commander and other responsible persons. It must be accompanied by:

a copy of the sheet with the certification results;
a copy of the sheet, which is compiled based on the results of a closed conversation;
a copy of the medical commission - if necessary;
dismissal report.

This list of documents must be sent 2 months before the end of service to the HR department. If the dismissal is carried out early, the documents are sent immediately after the report is approved.

Contract expiration

A serviceman may be dismissed on the basis of a report upon expiration of a contract that has not been renewed.
If there is no sufficient length of service, then special attention is paid to the housing issue. The military man must indicate in the report he compiles the need to provide housing or transfer savings funds to the NIS. Such savings are transferred to the specified account. Difficulties with the employment of military personnel transferred to the reserve arise when the dismissal is carried out before the end of the contract. The certification commission, if there are good reasons, can sign the submitted report, but the military does not have the right to receive housing or a mortgage loan.

A serviceman is excluded from the lists of personnel in the event of death or death at the time of performance of his official duties. In addition, a similar procedure is carried out when a person is declared missing.

What is a military personnel prohibited from doing in Uval?

Uval has a number of restrictions. Those who are lucky enough to be on leave are prohibited from doing the following:

A soldier should not drink alcohol. Narcotics and various psychotropic drugs are also prohibited. Judging by the reviews of eyewitnesses, if you are caught by a patrol while drunk, then the unlucky soldier will face big troubles. The next drop may be a big question mark.
A serviceman is prohibited from driving any vehicle, even if he has a driver's license.
You cannot swim or go out on the ice.

This is important to know: Benefits for children of veterans of military operations in Chechnya

Required documents

When leaving the reserve, a certain package of documents must be provided. The list includes:

Passport of a citizen of the Russian Federation.
Military ID. He remains in the hands of the former soldier.
International passport.
Selection card.
Service record card. After the procedure is completed, it also remains in the hands of the military personnel.
An order submitted to the military registration and enlistment office.
Information about the cost of the ticket.
Documents related to the residential address or place of military registration.

Only after providing a complete package of documents does the unit commander sign the drawn up agreement.

In some cases, a demobilizing soldier needs recommendations or character references. You can receive the required documents only if disciplinary sanctions have not been lifted at the time of signing the document.

How to get permission to leave

To obtain permission to leave, you need to write a corresponding report in advance. If you want to receive a leave of absence on Saturday, you must submit your report no later than Wednesday. First, the soldier’s report is reviewed by the company sergeant major, and if he does not have any objections to the dismissal, the report is submitted for consideration to the company commander, who makes the final decision. If a soldier was reprimanded or received disciplinary sanctions during the week, the need to write such a report immediately disappears.

But that is not all. Before releasing a serviceman from the army on a day off from the unit's location, the company sergeant major will definitely check the soldier's appearance, as well as his knowledge of the rules of behavior during dismissal. If the sergeant major doesn’t like any of the above, he may decide that the soldier is not yet ready to leave the unit’s location. Therefore, it is worth preparing for this inspection in advance.

Payments made

Most contract workers may require certain monetary payments in the event of transfer to the reserve. The intended amount is divided into two parts, the first is a one-time benefit:

Contract servicemen with a service period of less than 20 years can receive a payment equal to two salaries.
If the service period is 20 years or more, the amount increases to seven salaries.
If at the time of military service state awards were awarded, then the increase can be calculated in the form of one salary.
When a conscript is demobilized due to the end of his term, an amount equal to one salary is allocated. Orphans who have the appropriate documents can count on five salaries.

There are several cases in which a former military man cannot receive benefits. An example would be:

Loss of military rank. It can be deprived by higher management due to violation of laws or direct orders.
Failure to comply with the terms of the contract. Almost all contracts drawn up are identical, but still, when signing them, you need to study in detail all the information provided. This is the only way to avoid serious problems.
Upon entry into force of a court decision on deprivation of rank. Court cases can be administrative or criminal and do not directly relate to military service.
When a court decision on temporary deprivation of military rank comes into force. If the dismissal is carried out at the time of the court decision, then you should not count on payments either.
If a contract soldier transfers to serve in the Ministry of Internal Affairs or customs authorities.
When a military man is deprived of the right to access state secrets.
When expelled from an educational institution due to violation of internal rules or poor academic performance.
In case of violation of the requirements for military service.

In many cases, conscientious employees can count on a bonus when retiring. The accrued amount depends on the monthly salary and military rank. The order to award bonuses can only be issued by the unit commander.

Cadets of military schools and other specialized educational institutions can also count on payments. The amount of bonuses depends on the following points:

For excellent grades, the bonus is 25% of monthly salaries.
If there are good grades, the bonus is reduced to 15%.
If satisfactory, the amount is 5% of the accrued salary.

Funds can be transferred in a variety of ways. In some units and educational institutions, the transfer is made to a bank account, in others cash is issued.

What are the differences from being transferred to the reserve?

Transfer to the reserve - leaving active service for a reserve created in case of martial law.

Demobilization, which is common among conscripts, means transfer to the reserve.

In other words, demobilization is the process of disbanding soldiers due to the lifting of martial law in the country, and transfer to the reserve is the dissolution of soldiers due to the end of their service period.

Cases of early signing of an order

Reductions to the reserve can be carried out according to a signed order. Common reasons for premature termination of a contract are:

Achieving the maximum period of military service.
Poor health.
An officer can leave at his own request after serving for at least 5 years.
Due to staff changes and other changes.
For family problems related to the birth of a child or the death of a loved one.

The military may also refuse to renew the contract.

Established laws determine that in this case one cannot count on any support from the state, and they do not allow dismissal before the minimum period of service.

What the law says

All young people who are registered with the military and are between the ages of 18 and 27 are eligible for compulsory military service (Article 22 of the Federal Law “On Military Duty and Military Service” dated March 28, 1998 No. 53-FZ).

Is the employee’s conscription into military service or his assignment to alternative civilian service grounds for termination of an employment contract?

There are certain circumstances on the basis of which a deferment can be issued for a temporary or permanent period, such as:

health status;
presence of children under 3 years of age (two or more);
presence of dependent parents who are disabled.

Dismissal when leaving for military service is mandatory. Personnel workers should also remember that conscription into the army occurs in the spring and autumn. Therefore, you always need to be prepared for such events.

Document on the basis of which an employee is dismissed

When a young man is called up to serve in the Russian troops, management does not have the right to require him to write an application to leave the organization on his own initiative. Also, termination of an employment contract for deliberately false circumstances is considered a direct violation of the law.

The main reason for the correct dismissal of a conscript is a summons from the military registration and , sent to the place of residence or to the address of the enterprise. If the employer conceals the fact of receiving this document from the employee, he will be subject to monetary penalties, in accordance with the Code of Administrative Offenses.

The summons indicates the exact day of appearance at the military registration and enlistment office for subsequent dispatch to the place of duty. Before this date, the conscript must have time to undergo a medical examination, and the management of the enterprise must prepare documents. A record of dismissal is entered into the work books on the basis of clause No. 1 of Article No. 83 of the Labor Code of the Russian Federation.

Attention

If there are more than 2 weeks left before the call-up date, then employees must work the required 14 days. In case of violation of the deadline for serving the summons, they are dismissed without work.

As soon as the head of an organization receives a summons against one of his employees, he needs to do the following:

check the correctness of filling out the document and the notification period;
confirm your familiarization with a signature;
hand over the summons personally to the conscript, who signs it.

Attention

The future soldier, without delay, must begin to undergo a medical examination.