Author of the article: Roman Gavrilov Last modified: January 2021 54455
Dismissal from the Ministry of Internal Affairs is considered one of the grounds for termination of service in law enforcement agencies. An employee of the police or other internal affairs bodies also has the right to suspend public service on the grounds specified in Art. 37 Federal Law No. 342 of November 30, 2011
Art. 80 Labor Code of the Russian Federation
The grounds for termination of service may be dismissal or death of an employee (more details).
Art. 81 Labor Code of the Russian Federation
Dismissal is made through termination of the contract (more details).
Art. 82 Labor Code of the Russian Federation
The contract is terminated on the basis of termination, the employee reaching the maximum age of service, length of service, at the initiative of the employee, by agreement of the parties, in connection with a change in the terms of the contract and the subsequent refusal of the police officer to work according to the new rules (more details).
Art. 84 Labor Code of the Russian Federation
An employee who decides to resign must submit a corresponding report one month before the date of termination of the contract (more details).
We report about dismissal at the end of the contract
This basis is stated in Art. 86 N 342-FZ. The end of the contract occurs:
- when it expired. The employee is given a warning about this no later than 7 working days before the end of the contract. The warning must be in simple written form;
- in the event of events related to termination of service (clauses 2,3,7, part 5, article 22 N 342-FZ).
In the header of the report you need to contact your immediate superiors and indicate the name of the unit and region, and in the body of the report:
- petition for dismissal;
- FULL NAME. employee, position and military rank;
- consent or refusal of VVC;
- personal signature, position and title;
- date of registration.
A report will also be required if the employee changes his mind about extending the contract to which he previously agreed.
Other grounds for dismissal
All stages of the procedure for dismissing employees of the Ministry of Internal Affairs are strictly regulated by federal legislation and have many nuances.
Variants of grounds serving as a reason for termination of a contract:
- violation of the terms of the service contract, entailing the right to terminate it;
- the employee commits actions that discredit the status of a police officer;
- loss of Russian citizenship by an employee or acquisition of dual citizenship, without notifying management of this fact;
- expulsion from an educational institution belonging to the structure of the Ministry of Internal Affairs;
- passing away;
- having a relative with a disabled person who requires constant care;
- child care by a single parent.
Reasons for terminating a contract that are independent of the parties to the labor relationship include::
- staff reduction;
- reorganization of the division;
- a medical certificate confirming the completion of the military and military training, which does not allow continued service due to health conditions.
Each of the grounds provides for a specific procedure during the dismissal procedure, which must be observed by both parties to the official relationship.
On leave followed by dismissal from the police
Article 82. Grounds for termination or termination of a contract 2. A contract may be terminated, and an employee of internal affairs bodies may be dismissed from service in internal affairs bodies: 4) based on length of service giving the right to receive a pension; 5. Termination of a contract on the grounds provided for in paragraph 2, 4 or 16 of part 2 of this article is carried out on the initiative of an employee of the internal affairs bodies.
Good afternoon. Please tell me, I am a police officer, my work experience allows me to retire at present. I decided to write a report on leave with subsequent dismissal due to retirement. The HR department explains that it is the boss who decides to let me go on vacation or pay compensation. They also explained that they would definitely not allow me to go on vacation since my vacation this year was scheduled for the fall. And I still need to work for a month. Tell me what guides such decisions; after all, the choice in this case is up to the boss. And if, after all, I go on vacation, when do I have to work for a month, or will this month of work pass during my vacation? Thank you in advance.
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Dismissal procedure
The dismissal procedure is regulated by Art. 89 N 342-FZ. The further procedure after the employee submits a report is as follows:
- registration of a presentation addressed to the employee. It contains information about length of service, health status and required social guarantees;
- issuance of an order by the accounting department in form T-8;
- handing over of service weapons, identification cards, and badges by an employee on the last day of work;
- a work book and a set of personal documentation are issued, the return of which was stated in the report;
- full payment.
After this, the employee’s personal data must be deleted from the employee register.
In what cases can you not resign from the Ministry of Internal Affairs?
According to Art. 35 Federal Law No. 342 there are grounds under which military personnel cannot resign for personal reasons. These include:
- the report is submitted during a state of emergency, which is established by the country's leadership;
- it is necessary to eliminate the consequences of the emergency;
- martial law has been introduced in the country;
- in the conduct of armed conflicts;
- when carrying out counter-terrorism operations.
It is important to know! If a police officer does not want to fulfill the terms of the contract, then this leads to dismissal under the article, he is also immediately relieved of his position and loses the right to various benefits and concessions from the state.
If a police officer wants to resign for personal reasons, then he needs to submit a report, hand over his ID and weapon, and also serve the required period. On the last day of work, he receives all payments, and their amount is determined taking into account the length of service.
Step-by-step instructions for implementing the procedure
Instead of a statement, if a police officer wishes to resign, he must formalize his will in a report.
This document has its own characteristic differences; it must be drawn up in accordance with the requirements of the law.
Step-by-step instructions allowing dismissal from the internal affairs department must be drawn up in accordance with Article 89 of the Federal Law “On Service”. The employee is recommended to act according to the following algorithm:
- Determine the reason for the resignation.
- Write a report outlining the grounds for resignation one month before dismissal.
- A notice containing information about the reason for resigning, length of service, age, state of health, availability of the right to provide social guarantees, and other information is drawn up for the dismissing employee.
- The person retiring hands over the weapons assigned to him, valuables, documentation, identification and a badge with a personal number.
- A dismissal order is issued.
- On the day of resignation, a corresponding entry is made in the work book. It is handed over to the citizen.
- Full payment is made on the same day.
- Within one month from the date of issuance of the order, the person resigning is excluded from the register of police officers.
In some cases, when an employee has the special rank of colonel of the police, internal service or justice, dismissal from the Ministry of Internal Affairs at his own request and for other reasons is carried out by order of the federal executive body. If an employee holding a senior management position resigns, the procedure is formalized by a Decree of the President of the Russian Federation and an order of a federal body.
Similar to the norms of the Labor Code of the Russian Federation, according to the legislation governing the relations of police officers with their superiors, after the expiration of the warning period, his dismissal did not take place, the parties did not take any actions aimed at resigning his powers, the contract continues to be valid.
basic information
The Ministry of Internal Affairs requires both psychological and physical resilience. The task of the police is to ensure law and order and combat current crime. And every employee has to deal with difficulties, reproaches and even threats. The citizen is provided with a bright future, as well as additional financial rewards.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
Quitting your job is not that easy. Unlike standard work, here a letter of resignation (report) is submitted two months in advance . On this basis, a special commission is created that will decide on good cause and dismissal within the given period of time.
The rights and obligations of an employee of this type are regulated by legal acts. And this is due to the specifics of performing job duties. This is stated in the law, which allows us to guarantee the fulfillment of the rights of each employee. The rights of the police are protected by legal documents. And the reasons and grounds for leaving the place of employment are prescribed in the Federal Law “On Service”.
Dismissal procedure
All actions that accompany the dismissal procedure are described in the law. Violation of them may lead to the possibility of appealing the decision to dismiss. Therefore, to comply with rights it is necessary:
- Base. In this capacity, depending on the circumstances, there is a report, certification results or a commission decision;
- Warning. The employee is notified of dismissal in writing;
- Conversation. It is carried out to familiarize the employee with his personal file, as well as the date and reason for his dismissal;
- Preparation of documents. The resignation letter is prepared and signed within the established time frame;
- Order.
If an employee has expressed a desire to resign, the report is submitted one month before the dismissal. If there is a bilateral agreement, this procedure can go faster. However, the dismissed person must fulfill the conditions of Art.
89 of the Service Law. She orders him to surrender weapons and other property assigned to him. An identification card and personal badge are also submitted to the HR department.
These actions are monitored in a bypass sheet, and five days are provided for their completion.
Is it possible to quit without working?
The work of employees of the Ministry of Internal Affairs is regulated by federal legislation, therefore, termination of service at one’s own request without undergoing work service is possible only with the written consent of the head of the department or by agreement of the parties, which indicates the exact date of completion of the person’s work activity.
Is it possible to quit while on vacation?
Current legislation does not contain precise prohibitions on stopping work during vacation. At the same time, the manager is prohibited, on his own initiative, from terminating an employment contract with a person who is on sick leave or on vacation.
If the initiative comes from the employee himself, then he can quit at any time. It is worth considering that if a person went on vacation and did not complete the work, then upon return he will be required to work for another 1 month.
The exception is situations when the employee is officially released from it.
Sick leave payment
If the employee of the Ministry of Internal Affairs was not paid compensation for sick leave at the time of termination of the contract, then this must be done at the time of dismissal. Sick leave is calculated according to the standard plan, that is, including all sick days in the calculation. These funds must be transferred to the employee’s account no later than the day specified in the documents.
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When dismissal is prohibited
Dismissal on your own initiative is not always possible. Federal law specifies a number of situations where dismissal is prohibited. In particular, dismissal is not permissible:
- during a period of martial law or emergency;
- during a counter-terrorist operation;
- the emergence of an armed conflict;
- when implementing measures aimed at eliminating the consequences of emergency situations.
An employee’s refusal to fulfill the obligations specified in the terms of the contract entails dismissal on the basis of paragraphs. 13th century 82 N 342-FZ.
Vacation report
If necessary, an employee of the Ministry of Internal Affairs can write a corresponding report, on the basis of which the leave can be divided. Federal Law 342-FZ, a call can be made only if, due to the absence of an employee, the authorities cannot fully perform all their immediate duties. If an employee’s vacation occurs, it can be postponed for the required period; at the same time, a sick leave issued due to a child’s incapacity for work does not give the right to an extension.
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In October, a report on dismissal was written for the general education department, I was already recognized as needing housing by the eastern region housing, but I am still in my position, transferred to another unit, should it be like this. I wrote a report on my dismissal from the Ministry of Internal Affairs, they told me to work for two weeks, two weeks end on February 16, when they must give (1 answer). A report for leave of the Ministry of Internal Affairs, as for the standard of writing a report, it is possible. I downloaded the report for leave of the Ministry of Internal Affairs, standard 2013. After accepting the application for the report, the personnel department (a specific boss) must form an order.
