Is it possible to terminate a contract in the army?

Can a contract soldier terminate military service early?

Dismissal of a military personnel at his own request cannot be considered a common occurrence, and his rights are somewhat different from those of a civilian. He cannot terminate his duties unilaterally by simply notifying the command in advance, but must agree on such a possibility and obtain consent to this.

A citizen may be in military service by conscription (conscript service) or contract. For both options, Law No. 53-FZ of March 28, 1998 (as amended in 2021) establishes the rules for dismissal at will (Article 51). It can only be carried out for compelling reasons. The reasons themselves for conscript and contract employees are slightly different.

In reality, it is extremely difficult to terminate military service early at one’s own request, and the reasons for this must be very serious, preventing one from fulfilling military duties.

If there are objective reasons, contract servicemen can resign at their own request, and this applies to both privates and officers. The conditions and procedure for early termination of a contract with the RF Armed Forces for officers below the rank of colonel (captain 1st rank) are regulated by Decree of the President of the Russian Federation of September 16, 1999 No. 1237.

Military personnel can retire to the reserve, with the possibility of being called up for military training in the future, or retire when they reach the age limit, or for health reasons.

Valid reasons and grounds for termination of a contract

Law No. 53-FZ establishes 3 categories of dismissal from the Armed Forces:

Circumstances beyond the control of the parties: expiration of the contract, the age limit of the serviceman, health conditions that do not allow him to serve.
Command initiative: loss of trust, commission of a criminal act and imprisonment, acquisition of another citizenship, gross violation of contract terms by a serviceman, court verdict banning military positions.
Initiative of a serviceman (at his own request).

Valid reasons for voluntary dismissal are listed in Art. 51 of Law No. 53-FZ: in paragraphs. 3 and 6 - for contract soldiers and in paragraph 4 - for conscripts.

The Plenum of the Supreme Court of the Russian Federation analyzed the results of court proceedings on this issue and summarized them in 2014 with its Resolution No. 8. The following circumstances are recognized as valid grounds for the dismissal of a contract serviceman at his own request:

A health condition that does not allow you to fully perform contractual duties. The proof is the conclusion of the military medical commission.
Change of place of residence of the family (wife, children) for objective reasons. The reason may be the lack of adequate living conditions for the family at the place of service, the birth of a child and the lack of conditions for his upbringing, marriage, etc.
The need to care for close relatives. These include wife, children, parents. To recognize such a reason, a medical examination conclusion is required.
Transfer to another position or new duty station with a demotion.
Significant and periodic violation of the terms of the contract by the command (read about the procedure and consequences of dismissing a serviceman for non-compliance with the terms of the contract here).
Inconsistency of the proposed position with the received military education.

When performing military service, the presence of supervised minor children, obtaining the status of a single father, the presence of 2 or more own children or a child with a disability under the age of 3 years is recognized as valid reasons.

A valid reason for dismissal from military service is considered to be election to elected bodies (local or federal), obtaining citizenship of another state, or employment in government bodies.

Reasons for terminating a contract in the army

Dismissal of a contract employee is possible on the basis of valid (preventing service) reasons:

failure to comply with the terms of the agreement (significant systematic violation);
low financial security, which does not allow meeting the needs of the family, lack of other income (assessed by the minimum wage in the region);
marital status (need to care for a relative, child, desire to live with family, fulfillment of guardianship duties);
deterioration of health (with the provision of a certificate from a medical commission confirming the disease);
religion incompatible with military service;
inability to fully use potential and knowledge in the service, while the highest position is impossible;
death of a relative (military), for this reason exemption from service;
election to elective positions and other grounds.

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Payments after contract termination

The specific deadline for making a decision on dismissal is not established by regulations. The soldier must be paid:

1. One-time benefit, the amount of which is determined by the length of service. Staying in the armed forces for more than 20 years is paid in the amount of 7 salaries, for a shorter period of service 2 salaries are awarded;

2. The presence of state awards provides for the receipt of another cash salary;

3. For conscientious service, a serviceman is entitled to a bonus and financial assistance before dismissal.

The law does not provide for termination of a contract on one’s own initiative, but this is not a basis for detaining a military person against his will. Disagreement with the command's decision gives the serviceman the right to protest it in a military court or prosecutor's office.

Further advice on who can count on two pensions.

How to properly resign from the armed forces?

The procedure for voluntary dismissal includes the following steps:

Preparation of the evidence base. The serviceman must prepare documents confirming the compelling reasons for dismissal. Depending on the nature of the grounds, the following documents will be required:
- medical reports;
certificates from place of residence, government agencies, guardianship authorities and social services. services;
petitions from government agencies, social and public organizations;
decision on issuing foreign citizenship, etc.

In case of violations by the command, copies of reports about them submitted at different times will be required.

Submitting a report on dismissal. It is drawn up in free form and submitted to the commander of the military unit.
It indicates the personal data of the serviceman, contract details and clearly states the reasons for dismissal. All necessary documents are attached to the report and listed in it. Separately, the need to solve housing problems should be reflected (possible claims for mandatory security under the contract, vacancy of office space, etc.).
Review of the report. After receiving the report, the commander conducts a personal conversation with the serviceman and finds out the possibility of continuing service if conditions change.
Offers various solutions to the problem. If a serviceman insists on dismissal, then an attestation commission meets. She analyzes the report and submitted documents, reviews the applicant’s personal file, interviews him, and, if necessary, other military personnel. The decision of the commission is documented in a protocol. It makes recommendations but does not make a final decision. The applicant has the right to appeal the commission's recommendations. Only the commander can dismiss a serviceman by his own order.

The dismissal process is completed by the issuance of the commander’s order, the official termination of the contract, the payment of due compensation and the removal of the serviceman from the unit’s list.

Grounds for terminating a contract

The legislation does not provide an exhaustive list of reasons why a person liable for military service may apply for termination of employment relations. This means that the exemplary reasons indicated in the regulations are of the nature of the most common cases, but other, more subjective ones may also occur.

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If we take into account the experience of military personnel who have undergone this procedure, the following basic options can be distinguished:

non-fulfillment or improper fulfillment of the terms of the contract is the simplest reason. Here, any systematic or gross violation on the part of the command is enough to leave work;
financial insufficiency - if objectively current earnings are not enough to provide for yourself or your family (here you will need to indicate exactly what expenses force you to look for a better place);
family circumstances or health problems - the need to care for a relative, one’s own illness and the need for urgent or long-term treatment;
lack of room for promotion is a specific reason. If a contract soldier argues that he can apply for a higher position, but there are no vacancies, the command may release him - and in the event of a dispute, the court will also side with the soldier. The problem lies precisely in the evidence base;
election of a person liable for military service to government bodies.

Other reasons could be any reason that affects the employee and prevents him from fully performing the assigned tasks. For example, the death of another soldier who was a loved one has a subjective effect on the soldier, but management must take into account his psychological state and possible consequences.

Also, religious beliefs, newly acquired or original, which do not allow serving, are accepted as weighty arguments.

Any of the listed reasons must be indicated in the appropriate report on termination of the employment contract. Of course, there must also be a correct argument as to why the above reasons make further performance of duties impossible at all or for a long time - after all, management can offer long-term leave if it does not want to lose valuable personnel.

Expert opinion

Davydov Dmitry Stanislavovich

Deputy Head of the Military Commissariat

Interesting! Most of those wishing to terminate the contract “stumble” precisely when drawing up the application. The inability to argue well enough is the main reason. Therefore, contacting a lawyer is the best solution.

What is the payment procedure if a military man leaves the army?

All questions regarding payments to military personnel, incl. upon their dismissal, are regulated by Law No. 306-FZ of November 7, 2011. The specific amount of compensation is determined in accordance with Order of the Ministry of Defense of the Russian Federation No. 2700. Upon dismissal, a full payment must be made to a serviceman for days worked, vacation due, etc. In addition, a person resigning at his own request may qualify for the following additional payments:

One-time benefit . Its size depends on military experience and can range from 2 to 7 monthly salaries.
Premium payments. They can reach 25% of the salary.
Material aid. It is carried out in accordance with the established schedule in the amount of a monthly salary. If it has already been paid, then it cannot be withheld back, despite the partial expiration of the billing year.
Compensation for unused material allowance. They can amount to up to 40% of the required salary for a period of service of less than 15 years and up to 3% of the salary for each year in excess of the specified length of service.

Special privileges are granted in case of injury or loss of health during military service, which was the reason for dismissal. In case of injury while performing military duties, payments are provided to a contract soldier of up to 2,000,000 rubles, and to a conscript - up to 1,000,000 rubles.

Payments due to a military personnel upon dismissal

The prohibition on dismissal of a serviceman without his desire is reflected in Article 53 and Article 76 of the Federal Law, in UP 1237 and the military service regulations.

A soldier cannot be forced to leave service on grounds unrelated to violations if:

he is a contract soldier who has not reached the age limit, and the soldier has not served the period required for a pension;
served for more than 10 years, was on the list of those in need of housing, but has not yet been provided with either real estate or a housing certificate (the exception is those who refused the offer, or did not prepare documents for obtaining housing or a certificate within 30 days without a valid excuse causes);
is on sick leave;
is on paid leave (maternity, student, regular, additional);
is on a business trip;
a female soldier in a state of pregnancy.

Dismissal under the above conditions, challenged in a military court, is considered illegal in almost 100% of cases.

Illegal dismissal from the RF Armed Forces is disputed in accordance with the law (Articles 21-23, Federal Law 76). The commander's order can be appealed by submitting a report to higher authorities or to a military court. In cases where an army soldier has evidence of violations of the law by his command, he has the right to involve the military prosecutor's office in the proceedings.

As a result, the trial may end with the restoration of:

military in office with the recognition of the order as illegal and its cancellation;
military rights without canceling the dismissal order.

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The law requires compensation to a soldier for any damage caused by unlawful actions of the command.

For army personnel who terminated their service for reasons unrelated to violations of its terms, the state provides a set of social benefits and additional payments.

Chapter 2 of the 76th Federal Law and a number of separate legislative acts are devoted to guarantees for persons discharged from military service.

To everyone who resigned from contract service due to general injuries, health conditions, or upon reaching the age limit, the Ministry of Defense guarantees payment of a one-time benefit (Order of the Ministry of Defense No. 2700), if their length of service amounted to:

more than 20 years - 7 salaries;
less than 20 years - 2 salaries.

The amount of payment increases by 1 salary if the soldier is awarded a government award.

The above-mentioned military personnel may be granted a military pension if, at the time of dismissal, they have:

service of more than 20 years;
total experience of 25 years, half of which was in military service.

If the period of service at the time of leaving was less than 20 years, and does not provide for receiving a military pension, the dismissed person continues to be accrued monthly for a year in an amount equal to the salary corresponding to his rank.

Social guarantees for conscripts are the opportunity to:

reinstatement in public office within 3 months after completion of service;
return to work/study in the organization where the fighter worked before being drafted.

In the field of employment, the state guarantees military advantages in the following cases:

selection of positions in government agencies;
staff reduction;
receiving education at the expense of the employer;
granting vacations.

For former military personnel, service time is counted towards continuous service.

If a military man after dismissal is classified as one of the preferential categories, he is entitled to separate benefits from the Ministry of Defense and the federal government, including benefits for housing and communal services, transport fees and travel, tax breaks and medical care.

A serviceman can receive a set of benefits and guarantees only after honorable service, therefore, upon dismissal, it is important to pay attention to the fixed period of service and the reason for dismissal from the ranks of the Armed Forces. If the command’s order is unlawful and spoils the “questionnaire,” one should not be afraid of challenging the decision in court. An experienced military lawyer will help you cope with the selection of evidence and restore the violated rights of the serviceman.

When a serviceman is dismissed on his own initiative, certain payments are provided, which are assigned depending on the department and the reasons for termination of the contract.

After termination of the contract, the officer can count on the following payments:

a one-time benefit, the amount of which is affected by the length of service. If a citizen has worked for more than 20 years - in the amount of seven monthly salaries, less than 20 years - two salaries. If there are state awards, additional payments are provided;
bonus. When performing official duties without violation, a bonus in the amount of 25% of the salary is due;
material aid. The payment is equal to one salary.

The amount of payments is influenced by the following indicators:

place of military service;
title and position held;
the department to which the contract soldier belongs.

If the contract was terminated due to length of service, then the serviceman is entitled to a military pension.

Officers who have been transferred to the reserve are entitled to a number of privileges. They are provided with a pension supplement, they receive assistance in resolving housing issues and obtaining education. After dismissal, the officer receives compensation for property or land taxes, and his employment is ensured.

Relations arising between an employer and an employee in the context of military service are regulated not by the Labor Code of the Russian Federation, but by the Federal Law “On Military Duty”. The reasons for dismissal are regulated in Article 51 of this regulatory act.

It should be noted that dismissal of a serviceman at his own request is impossible with only one expression of will. There must be valid reasons for his report to be approved. To dismiss a citizen from military service at his own request, he must adhere to the following algorithm:

Determine the reason why a citizen needs to leave military service.
Draw up and submit a report of dismissal to the commander, officer, or superior officer responsible for personnel matters. The report should set out in detail the circumstances that impede the further implementation of activities in the position.
The commander or officer in charge of personnel issues sends the document for consideration by the certification commission.
The commission examines the request of the person resigning and the documentation that argues the validity and seriousness of the reason, and evaluates the arguments of the person resigning.
Decision-making by the commission. If the answer is yes, the citizen leaves the service. A negative decision can be appealed in accordance with the procedure established by law.
The conclusion of the certification commission is conveyed to the resigning commander.

In order for the commission to approve the resigning person’s report, it must be convinced that the reason for termination of service is valid and really exists. A citizen needs to take care of collecting documentary evidence that will confirm his position.

The payments that a resigning person will receive are assigned depending on the department where the service took place, as well as based on the reason for termination of obligations. Thus, a serviceman leaving the Armed Forces is entitled to a military pension based on length of service. Upon dismissal for other reasons, a lump sum benefit may be paid, which will depend on the length of stay in the army:

Payments in the amount of two salaries are received by persons who have been in service for less than 20 years.
Seven salaries are due to citizens who have served in the army for more than 20 years.
One salary can be added to the payment if the resigning person has state awards.

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Payments are due to persons who were in civil service in the army, and to contract soldiers who wish to terminate the contract. Depending on merits to the state and other special circumstances, the resigning employee may be paid other monetary incentives. Such a bonus can range from 1 to 3 salaries in addition to the basic payment. The amount of cash transfers will also depend on the rank of the resigning person and the position he held at the time of resignation.