XVI. Representation of employees for dismissal from service in internal affairs bodies and preparation of documents related to the termination or termination of a contract, dismissal from service and exclusion from the register

GROUNDS FOR DISMISSAL OF A POLICE EMPLOYEE

Currently, the labor relations of a police officer with an employer are regulated by Federal Law No. 342-FZ of November 30, 2011 “On Service in Internal Affairs Bodies.” Based on this legislative act, namely Art. 82, the following grounds can be cited for terminating a contract with a person serving in the police:

Dismissal of a police officer from service;
The death of a police officer or his recognition as missing.

Dismissal involves the termination of a service contract, and since the article intends to cover this issue, it is advisable to provide a list of grounds for dismissal in the form of the following table.

Reasons	Whose initiative?
The contract period has expired	Employee or head of the internal affairs body
The employee has reached his service limit	Head of the internal affairs body
An agreement was reached between the parties to terminate the contract	Employee or manager
The employee decided to terminate the contract at his own request	Employee
The terms of the contract changed, and the employee refused to continue serving on them	Employee or head of the internal affairs body
The employee has reached seniority	Employee
The employee is not suitable for the position being filled or is a gross offender	Head of the internal affairs body
The IHC issued a conclusion on limited suitability and inability to perform official duties	Employee or head of the internal affairs body
Reinstatement of an employee who previously held this position and the employee’s refusal to transfer to another position	Head of the internal affairs body
The employee was expelled from the relevant educational organization of higher education	Head of the internal affairs body
The position held by the employee has been reduced	Employee or head of the internal affairs body
A police officer, without good reason, refused to serve under special conditions.	Head of the internal affairs body
The employee was subject to disciplinary action in the form of demotion and refused the transfer	Head of the internal affairs body
The terms of the contract were violated by a police officer or an authorized supervisor	Employee or head of the internal affairs body
An employee is transferred to another type of civil service or appointed to a government position in the Russian Federation	Employee
The employee does not comply with the restrictions and prohibitions established by federal laws	Head of the internal affairs body
The employee's access to state and other state-protected secrets has been terminated	Head of the internal affairs body

Why can you be fired from your job?

Termination of labor relations with persons who are serving in the bodies of the Ministry of Internal Affairs of the Russian Federation is regulated by special federal legislation that has certain similarities with the main provisions of the Labor Code of the Russian Federation.
Despite this, the codified legislative act is not the defining standard that regulates these issues.

For example, one of the distinctive features of removing a military personnel from a position is the need to draw up a report on dismissal from the police.

The first thing you should pay attention to is the regulatory framework for the dismissal procedure for employees of the Ministry of Internal Affairs. The main standard that regulates the professional activities of police officers is Federal Law No. 342 of November 30, 2011 “On service in internal affairs bodies.”

The Federal Law contains a large number of articles, but it is recommended to pay special attention to these:

Article 80 - has grounds that are decisive when canceling a contract with a subordinate, and also states that after the death of a person, the contract is terminated by default;
article number 81 - it confirms that the labor relationship between the internal affairs bodies and the subordinate is terminated from the date of termination of the previously concluded contract;
Article 82 - shows the peculiarities of the termination of professional relations between the Ministry of Internal Affairs and a subordinate due to the loss of the contract’s relevance if the employee has reached the age limit, decided to leave of his own free will or due to significant adjustments to the text of the agreement with which the employee does not agree;
Article 84 - it is decisive; if a citizen decides to resign, he is obliged to draw up and send a corresponding report four weeks before the expiration date of his contract.

It should be noted that there is one more point that deserves attention. In a situation where an employee of the Ministry of Internal Affairs is fired or he decides to leave of his own free will, he must return all public funds spent on his training (this is only relevant if the subordinate has not served the prescribed period). It is important to emphasize that the total amount of compensation will be directly proportional to the unworked period.

There is no need to return funds allocated by the state for training only in the following situations:

the employee has unsatisfactory health conditions, and since there is no suitable vacancy for him, this leads to termination of the contract with him;
an employee has an urgent need to leave service in order to care for a close relative of retirement age or a citizen with disabilities of the first or second group. If an employee leaves for this reason, he must provide management with a medical certificate, which will describe this circumstance in detail;
the person is a parent who independently raises a child or is recognized as the sole guardian of a young child.

You should also pay attention to the grounds for dismissing a police officer:

the employee has reached the maximum permissible age, after which further continuation of work in the authorities is impossible. You can learn about this from article number 88 of Federal Law No. 342;
the employee does not have a sufficient level of qualifications to perform his main duties in a specific position. To confirm or refute this fact, certification is necessarily recommended. In addition to terminating the contract, it is possible to change the position to a less difficult one;
length of service. It is understood that an employee of the Ministry of Internal Affairs who has worked for 20 or more years in a given government structure can retire for a well-deserved rest;
the employee’s health condition does not meet the basic requirements of current legislation. The employee will have to undergo a medical examination.

In addition to the grounds listed above that can lead to dismissal, there are other serious reasons for removal from position.

The contract can also be terminated for the following reasons:

due to gross violation of official discipline. Many employees of the Ministry of Internal Affairs are interested in whether they can be fired for a traffic police fine and for slander? This is possible only if bringing to administrative responsibility will be regarded as a gross violation of official discipline with subsequent disciplinary action;
An employee of the Ministry of Internal Affairs may be removed from his previous position if he has repeatedly violated official discipline, especially if the police officer has a disciplinary sanction imposed in writing by order of the head of the federal executive body in the field of internal affairs or an authorized leader.

PROCEDURE FOR DISMISSING A POLICE EMPLOYEE

First of all, it is worth determining the circle of persons authorized to dismiss police officers.

Heads of federal executive bodies in the field of internal affairs or other authorized managers are vested with the right to dismiss ordinary police officers. To terminate a contract with the Ministry of Internal Affairs of the Russian Federation, a police officer with a special rank needs an order to terminate the contract, signed by the head of the federal body in the field of internal affairs. To dismiss an employee holding a position of senior management, it is necessary to dismiss him from office by decree of the President of the Russian Federation.

According to federal law, the procedure for dismissing police officers from service is also defined. It depends primarily on the organizational and staffing measures in connection with which the employee is dismissed. In this regard, the most common options for dismissals and the procedure for their registration will be discussed below.

The procedure for dismissal from the Ministry of Internal Affairs and the Department of Internal Affairs of the Russian Federation

There is a certain procedure for terminating employment relationships with police and police officers. To minimize conflict between employer and subordinate, it is necessary to follow a certain procedure. Dismissal from the internal affairs bodies and the Ministry of Internal Affairs consists of several important steps.

Submitting a report

It should be noted that it is recommended to submit a report thirty days before the end of service. This is regulated by the resolution on service in the internal affairs department. This document has a standard resignation letter form.

The report should include the following information:

in the upper right corner the applicant must indicate his full name, position, title. The document is drawn up in the name of a specific person. You can specify the name of the department;
the word “Report” is written in the middle;
here the reason for dismissal is indicated, the argumentation is in the form of an article of law;
then the compiler must indicate the location of the commissariat where the file of a particular employee will be sent;
if the dismissal of an employee is due to unsatisfactory health, then it is recommended to indicate consent to undergo an independent medical commission. If a subordinate refuses it, then this expression of the employee’s will should be correctly recorded;
The date and signature are indicated at the bottom of the document. Additionally, it is recommended to indicate the title and position;
At the end of the report you also need to indicate a list of attached documents.

Making an order

Termination or termination of a contract and subsequent dismissal from service in internal affairs bodies and the police is formalized by an appropriate order.

The date of dismissal of an employee who has the special rank of colonel is established by order of the manager. In this case, all documents related to the dismissal of the person must be added to the case.

Handing over things intended for service and recording in the labor record

An internal affairs or police officer who retires from service must hand over all weapons assigned to him. He should also return all property and relevant documents to the department of the Ministry of Internal Affairs or the Department of Internal Affairs of the Russian Federation.

The subordinate also returns his service ID, a badge with a personal number.

When the last day of service of the employee arrives, the authorized boss or other official is obliged to return the work book to him, as well as make the final payment.

A corresponding entry is made in the labor record.

If for some reason an employee was unable to show up to receive his work permit, then he is sent a notification about the need to urgently pick it up.

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DISMISSAL AT THE INITIATIVE OF A POLICE OFFICER

As mentioned earlier, the police officer himself can express his desire to resign before the expiration of the service contract. To do this, he must submit a notice of dismissal to his supervisor at least one month before the date of dismissal. Next, the manager must send the employee a written warning about termination of the contract and dismissal, indicating the period. In some cases, a police officer may be able to obtain permission to terminate a contract before the expiration of the termination date specified in the report.

How to properly resign from service as a police officer?

The procedure for dismissing a police officer is regulated by the Federal Law “On Service in the Department of Internal Affairs”.

If an employee wants to resign himself, he needs to submit a report. This is a written document expressing the desire to terminate the contract and stating the reasons for doing so.

On their own initiative

The dismissal of an employee of the Ministry of Internal Affairs on his own initiative is carried out in the manner established by Art. 84 Federal Law “On service in the Department of Internal Affairs”. The contract is terminated before its expiration by submitting a report one month before the day of dismissal indicating this date.

The employee is obliged to fulfill the requirements of Part 7 of Art. 89 Federal Law “On Service in the Department of Internal Affairs” - pass:

weapon;
service ID;
token.

He retains the right to withdraw the report in writing. The employee will retain his position if a new applicant has not yet been found to take his place.

If the contract is not terminated a month after submitting the report and the employee himself does not insist on it, the contract continues to be valid.

During a period of temporary incapacity.

A police officer cannot be fired while he is sick or on vacation. This is a general rule, there are exceptions (see Part 12 of Article 89 of the Federal Law “On Service in the Department of Internal Affairs”).

You can terminate a contract with an employee who has gone on sick leave if:

The contract has expired.
The contract is terminated because the employee:
renounced Russian citizenship or received foreign citizenship;
committed a criminal offense;
left to serve on conscription;
committed an offense that discredits the honor of a police officer.

If an employee wrote a report, but was on sick leave during work, then the document remains valid. But this employee will have to return for some time to complete all formalities, hand over property and affairs.

By staff reduction

One of the grounds for dismissal of a police officer is a reduction in the position he occupies. This is called downsizing. It is regulated by Art. 36 Federal Law “On Service”.

The reasons why senior management of a structure decides to reduce the number of staff are usually not communicated to the staff being reduced. At risk are applicants with little experience and lower qualifications.

Most often, reductions are carried out in connection with the reorganization of individual departments or the system as a whole. For example, the reorganization of the police into police in 2011.

The reduction of police personnel includes the following main stages:

An order on planned reorganization measures is published.
A new staffing schedule is being developed.
Candidates whose reduction is possible are being considered.
The employee is notified of dismissal two months before the last day of work.
A referral is issued to the medical examination of the Military Medical Commission. If the results are unsatisfactory, the employee will be dismissed from the authorities.
His basic rights are explained and available vacancies from this unit or in another area are offered.
The issue of transferring an employee or terminating a contract with him is decided by the manager.
The employee reads the order to terminate the service contract and signs it. If he refuses, the manager makes a corresponding note and draws up a report.
On the last day, a work book is issued, the required benefits and compensation are paid.

According to paragraph 1, 3 of Art. 36 of the Federal Law “On Service”, an employee may be offered another position or take advanced training courses. In case of refusal, he is fired in accordance with clause 11, part 2, art. 82.

During the period of service established by law, the employee may undergo an announced extraordinary certification, based on the results of which a proposal may be made to transfer him to another position.

The person being dismissed has the right to request from his superiors in writing his resignation earlier than two months (Part 8 of Article 36 of the Federal Law “On Service”).

DISMISSAL OF A POLICE EMPLOYEE AT THE EMPLOYER’S INITIATIVE

An authorized manager can also make a decision to dismiss a police officer . In this case, he must notify the dismissed person of his intention in advance:

Six months before termination of the contract in accordance with paragraph 2 of part 1 of Article 82 of the Federal Law of November 30, 2011. No. 342-FZ;
Two months before the expected date of dismissal, if the basis is clauses 8,9 or 11 of Article 82 of the Federal Law of November 30, 2011. No. 342-FZ;
Two weeks before the expected date of termination of the contract, if the grounds for this are clauses 5,12,13 or 15 of part 2 of article 82 of the Federal Law of November 30, 2011. No. 342-FZ.

The contract is terminated before the end of the notice period, if the employee agrees.

What payments are due?

When a police officer with over 20 years of experience is dismissed, he is paid an amount equal to 7 salaries. If a police officer does not have enough years of service, he still has the right to financial support. In this case, an amount equal to 2 salaries is subject to payment. This is regulated by the provisions of Art. 3 Federal Law-247 dated July 19, 2011. Monetary support is not provided to police officers dismissed for the following reasons (clause 8 of the mentioned article):

non-compliance with labor regulations;
loss of trust;
violation of contract clauses;
for an offense that affects the honor of a police officer;
conviction of an employee under a criminal article;
providing false information when applying for a job in internal affairs bodies.

When an employee who retired from the police has state awards, the amount of payment will be greater by one salary.

If an employee has not earned the right to retire, in some cases he can expect to receive 12 months of salary. This occurs upon dismissal in the following situations:

for medical reasons;
upon reaching the retirement age;
in case of staff reduction;
in case of breach of contract by management.

In addition, the mandatory payment is the amount for unused vacation.

OBLIGATIONS OF AN EMPLOYER WHEN DISMISSING A POLICE EMPLOYEE

In the dismissal options listed above, the employee must be familiar with the dismissal order or an extract from it. If the employee is absent and cannot be familiarized with the order, then a copy of the order is sent by mail.

The employer is also obliged to provide the dismissed person with a completed work book and pay all funds due to the employee upon dismissal. If the employer is unable to issue a work book, the employee has the right to request it in writing. In this case, the employer is obliged to send it within three working days by registered mail with a list of the contents and notification of delivery personally to the addressee.

Appealing the termination of employment relations in court

The dismissal of an employee of the Ministry of Internal Affairs for negative reasons entails a number of negative consequences for him. First of all, they are associated with difficulties in future employment, especially if it is related to a similar type of activity.

Therefore, the decision to terminate the employment relationship must be objective and balanced. However, in practice this does not always happen. Often the basis for appealing dismissal for negative reasons in court is:

Violation of the procedure for internal inspection and decision-making on termination of employment relationships;
Refusal to provide information about the inspection, familiarization with its materials and results;
Failure to comply with the deadlines for imposing a penalty or dismissal;
Discrepancy between the severity of the offense and the applied disciplinary sanction, etc.

The appeal takes place in accordance with the general procedure. When drawing up a statement of claim, you must indicate the reasons why you consider the dismissal to be illegal or the actions of authorized persons to violate your rights. In addition, you must provide supporting documents if they were issued to you.

From a legal point of view, when an employee is dismissed due to negative reviews, he must be provided with documents about the audit that was completed for review. He has the right to receive copies of them, which will be useful in court when appealing the decision. Refusal by authorized persons to provide information and materials from a completed inspection is contrary to Article 380 of the Labor Code of the Russian Federation, which establishes the employee’s right to receive documents related to their work activities. Upon written request from the employee, their copies must be transferred to him within 3 working days.

Retirement from the Ministry of Internal Affairs: passing the military examination, paperwork

The personnel service of a military unit records dismissal from the Ministry of Internal Affairs based on length of service that gives the right to receive a pension, and determines what documents the former employee will have to provide for pension registration.

Please note: It is not a prerequisite to have the number of years of work established by law if an employee is diagnosed with a disability, or if he is injured, or if he acquires a disease while in public service.

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How, after voluntary dismissal, reinstatement to service in the Ministry of Internal Affairs occurs

The legislation that regulates work in the Ministry of Internal Affairs provides restrictions according to which persons who have ever had a criminal record do not have the right to serve in the police. This applies even to those who had criminal records under articles that were subsequently abolished.

When a former police officer wants to return to work after voluntarily leaving, he is interested in reinstatement in the Ministry of Internal Affairs after dismissal of his own free will. Will he be able to return to his previous position, or will he have to start all over again? Will his past achievements be retained? In order to return to your duties as quickly and without problems as possible, you need to understand this in more detail.

How to formalize dismissal from the Ministry of Internal Affairs

I notify you that, in accordance with the law, two weeks after submitting this report I will consider myself dismissed and do not intend to begin further work in my position, district police commissioner.

In accordance with Art. 80 of the Labor Code of the Russian Federation, I ask you to dismiss me from the internal affairs bodies under paragraph “A” of Art. 19 of the Law “On the Police” - at your own request from the date of expiration of the 2-week period after you receive my report. I refuse to undergo HVAC.