Can I be laid off (the wife of a military veteran, a military veteran) and how can I protect myself when laid off?

Hello! In accordance with Art. 179 of the Labor Code of the Russian Federation, with equal labor productivity and qualifications, preference in remaining at work is given to: family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is for them a constant and main source of funds for existence); persons in whose family there are no other independent workers; employees who received a work injury or occupational disease while working for this employer; disabled people of the Great Patriotic War and disabled people fighting in defense of the Fatherland; employees who improve their qualifications in the direction of the employer without interruption from work.

However, according to Part 6 of Art. 10 Federal Law On the status of military personnel, spouses of military personnel - citizens , other things being equal, have a priority right to employment in state organizations, military units and to remain at work in state organizations , military units in the event of a reduction in the number or staff of employees, as well as to priority assignment to undergoing vocational training or obtaining additional vocational education on a full-time basis with payment of an average salary during the training period.

Therefore you have such a right

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Despite the fact that spouses of military personnel are not in service, the hardships of military life also affect them. After all, they faithfully follow their husbands to the most remote garrisons, worry about their needs and raise children, and in most cases without the opportunity to find a job, and therefore earn their own income.

Moreover, when applying for a pension, women cannot even count on a decent benefit due to lack of experience, which is why they are provided with a number of benefits at the legislative level to compensate for the provision of family support to defenders of the fatherland.

Legislative aspect of the issue

Of course, being a military spouse is not easy, given that at any moment you may need to quickly pack up and move to another unit, possibly thousands of kilometers away. But in a new place you need to improve life, find housing, place your children in kindergarten or school, and this despite the fact that the military husband will be in the service, accordingly, all the burdens of improvement will be placed on the spouse.

A few more nuances should be noted, namely, compliance with the rules of being in a military unit, because wives, as well as their husbands, participate in drill drills, which involve the evacuation of all civilians within an hour, as well as constant anxiety for the spouse, who, due to military service, may receive injury or injury.

Actually, it is precisely due to the fact that military wives, in fact, also serve for the good of their homeland, but not publicly, in accordance with Federal Law No. 76, they are entitled to a number of benefits, implying preferential medical care, improved living conditions, and the opportunity registration of a pension in a special manner, not to mention additional guarantees in the event that the husband dies while on duty.

Benefits upon retirement

Based on life experience, it is difficult for military spouses to find work in garrisons and at their husbands’ new duty stations, and therefore, by the time they reach retirement age, they lack length of service or have none at all. That is why staying with her husband in remote places is counted towards their total length of service, but not more than five years and provided that they have registered for unemployment and have been declared unemployed.

Maternity leave is also counted towards the length of service, for each child one and a half years, but not more than four and a half in total. That is, it turns out that the spouse can have a total of 9.5 years of work experience, but to receive the minimum pension it takes fifteen years

Types of assistance from the state to military spouses under contract

Considering that spouses of military personnel, both during their husbands’ service and after it, are, in fact, in special conditions that deviate from the norm, at the legislative level they are provided with a number of benefits , which allow, in particular:

• get a job on preferential terms;
• combine work with the hardships of nomadic life and the service schedule of a military husband;
• calculate length of service taking into account the time spent with your husband in garrisons;
• receive the right to a preferential pension;
• improve living conditions for the whole family;
• have the opportunity to receive medical care and spa treatment in military clinics;
• count on state support in the event of the death of the husband or his death after transfer to the reserve.

Labor

Considering that it is quite difficult for a serviceman’s wife to find a place of work in remote garrisons, the legislative level provides for a norm that makes it easier to find a job.

So, in particular, by virtue of clause 4 of Article 13 of Federal Law No. 1032, military spouses have a preferential right when applying for jobs in government agencies, not to mention searching for other vacancies in accordance with their existing education or the possibility of retraining at the expense of the Labor Exchange for further employment . Also, a specified category of persons, when moving with their husband to a new place of duty, can register and receive unemployment benefits with the right to extend it for the duration of maternity leave, but not more than 36 months in total.

If a military spouse has a permanent place of employment , she is provided with a number of other benefits. In particular:

• the opportunity to receive a full-length main leave outside the priority schedule simultaneously with your husband within the framework of clause 11 of Article 11 of Federal Law No. 76;
• use of administrative leave up to 14 days a year at a convenient time on the basis of Article 128 of the Labor Code of the Russian Federation.

Also, if the length of the annual vacation, issued simultaneously with the legal leave of the spouse, is shorter, the woman is released from work for a period equal to the difference between the vacations, but without saving wages. At the same time, a military spouse may not apply to exercise her right to a difference in leave, given that the agreed condition is not an obligation, therefore, the woman has the right to make a decision in this situation independently and taking into account family circumstances.

Upon retirement

As a rule, it is quite difficult for spouses of military personnel to find work within the husband’s deployment, and therefore, by the time they reach retirement age, many women do not have sufficient length of service to receive labor benefits. That is why staying with a husband in distant garrisons, in accordance with Part 4 of Article 10 of Federal Law No. 76, is counted towards the total length of service for military spouses, but not more than 5 years in total and provided that they are registered with the Employment Center , and were also declared unemployed.

Also, additional length of service is taken into account for being on maternity leave, in the amount of one and a half years for each child, but not more than 4.5 years, in general. At the same time, the time spent at the Labor Exchange within the framework of Article 12 of Federal Law No. 400, along with the indicated periods, is also subject to accounting. That is, in fact, a military spouse without working can have up to 12 years of experience, and with several years of work, even part-time, she will receive a minimum experience of 15 years, which is actually necessary to assign old-age benefits at the age of 55.

If, by the time the pension is issued, the military spouse dies or dies due to previously received injuries and concussions, the woman will have the right to double benefits, namely for the loss of a breadwinner and for old age or disability, but on the condition that she does not remarry .

Pregnancy and childbirth

In fact, within the framework of the law, the wife of a contract serviceman, unlike the wife of a conscript, does not have special benefits when assigning maternity benefits.

That is, if a woman is employed, the agreed type of benefit is assigned to her at her place of employment, but if she is not in an employment relationship or is recognized as unemployed in the prescribed manner, she has no right to count on maternity benefits, except for the cases specified in Article 6 of Federal Law No. 81.

Specifically, benefits will be paid to a military spouse only if she:

• is a full-time student;
• was fired due to the liquidation of the company within a year before going on maternity leave;
• was forced to resign due to moving to another area due to the transfer of her husband within 30 days before going on maternity leave (clause 14 of Order No. 1012n).

Moreover, if a woman is employed as civilian personnel at her husband’s military unit and insurance premiums are transferred from her income, maternity benefits will be paid to her in the amount established by Federal Law No. 81.

Payments and benefits

Many military spouses, even with a great desire to work according to previously acquired qualifications, do not have the opportunity to find a job due to the fact that there is no suitable position in a remote garrison.

That is why, due to the inability to exercise their right to work, women are entitled to the following types of payments :

• unemployment benefits, provided that they registered with the Employment Center and were declared unemployed;
• benefits in the event of the death of a spouse during execution in the amount of 3 million rubles by virtue of Article 3 of Federal Law No. 306;
• covering all funeral expenses, including installation of a tombstone in accordance with Order No. 5.

Housing

In accordance with Article 24 of Federal Law No. 76, spouses of military personnel under a contract are entitled to a number of housing benefits , in particular:

• provision of other comfortable housing in the event of the death of the husband and, accordingly, living in a service apartment at the time of the death of the spouse;
• repair of residential buildings, if the breadwinner-military died in the line of duty;
• provision of housing if the spouse died or died based on the number of family members before the death of the serviceman, even after his retirement;
• provision of funds for the purchase of housing, if the husband did not take advantage of this right during his lifetime;
• to pay part of the costs of utility bills of all types;
• telephone installation;
• provision of solid fuel.

Medical

Also, in accordance with Article 16 of Federal Law No. 76, spouses and children of military personnel have the right to medical care on preferential terms in military clinics, as well as to life insurance and, accordingly, services within the limits of a medical policy. In addition to general treatment, spouses have the right to receive medications at retail prices or free of charge, depending on the nature of the disease and the procedure that actually approves the costs.

At the same time, military spouses, along with their husbands, have the right to dental prosthetics and sanatorium-resort treatment, as well as compensation for travel expenses to the place of treatment or use of legal rest from the military unit and to the place of rest, as well as back.
By the way, this rule also applies to widows of military personnel, but only if they do not remarry, and to the wives of former military personnel who, due to reaching the age limit, have switched to pension benefits.

Provided benefits

Let's take a closer look.

In the field of labor legislation

Marriage to a military personnel requires constant moving, which is why the employee’s wife cannot get a long-term job.
This automatically deprives such women of the opportunity to receive a normal pension. To stop this, the legislation provides for several labor benefits that should help the wife of a serviceman get a job at a new place of residence:

• enter the service;
• undergo advanced training at the expense of the state;
• receive extraordinary leave at the same time as your spouse;
• extend the duration of leave for your own reasons, if they are related to caring for a child under 14 years of age or arranging your home.

Retirement

As practice shows, wives of military personnel constantly lack sufficient work experience to receive an increased pension. And all because, due to the type of activity of their husbands, they have to constantly change their place of residence, which entails problems in finding employment. Therefore, the legislation provides for the possibility of registering a joint work experience with a spouse, but only for 5 years.

On a note! Additionally, a woman is given additional time spent on maternity leave, but not more than 4 and a half years for all children.

Change of residence

If a woman needs to change her place of residence due to the transfer of her husband to another unit, she has the right to resign from her workplace at her own request. In the application, a forced change of place of residence can be indicated as a basis for termination of the employment relationship.

Additionally, the woman will be paid compensation in the form of two salaries. If the employer does not do this, the serviceman’s spouse will need to contact the Ministry of Defense, and then the funds will be transferred to her from the state budget.

Sample report for payment of compensation

The legislation also provides for another privilege - free travel to the husband’s place of duty, as well as transportation of things. All that is required to take advantage of this benefit is to provide military transportation documents. If they are absent at the time of moving, the transportation of things is carried out at the family’s personal expense, but then the money is returned to the new military unit.

Read also: First Car Program in 2021

During pregnancy and childbirth

During pregnancy, a woman can count on receiving a number of benefits and privileges from the state. After the birth of the baby, the spouse of a serviceman has the right to receive an additional monthly payment. But such benefits are provided only if the relationship between spouses is officially registered.

Provided payments and benefits

Women may need to provide financial support from the state in order to solve their current financial problems upon termination of an employment contract or for other reasons.
Such a payment can only be processed by contacting the Employment Center located at the woman’s place of residence and submitting an application and related documents.

If the reason for the appeal was the death of a spouse while performing his official duties, then the amount of monetary compensation to his wife will be 3 million rubles.

In addition to compensation for the death of the breadwinner, the woman will also receive some financial assistance in the housing area. For example, provision of equipped living quarters, carrying out repairs in the house at public expense, assistance in paying off debts on utility bills.

Housing benefits

The main problem of providing for military families is providing them with housing for long-term living.
Usually these are special closed towns in which apartments are provided only for temporary residence. Therefore, the problem is providing military personnel with housing, which is located in large cities. If, due to working conditions or a small pension, spouses are unable to purchase housing on their own, the state may provide a subsidy for the purchase of a new apartment.

In some cases, a military spouse may be provided with public housing for permanent residence:

1. Death of a soldier.
2. Presence of young children.
3. Sufficient length of service.
4. Availability of certain military awards and ranks.

Attention! You can use this right only once in your life. However, you can apply for such a benefit even after the death of your spouse.

In the field of health

Only officers can exercise the right to treatment in sanatoriums.
Other military personnel cannot use such services even at their own expense. That is why the legislation provides for a number of benefits aimed at the possibility of receiving preferential treatment in several clinics in the country. According to the law, the family of a military personnel has the following rights:

1. Receiving medications from pharmacies at a discount or free of charge.
2. The possibility of obtaining a voucher to a sanatorium for the treatment of chronic diseases and injuries received during service.

The spouse of a serviceman has the right to receive free dental or surgical care, general medical care, and rest in sanatoriums.

Benefits provided for widows

Widows of military personnel have the right to receive lifelong financial support if the spouse died while performing his military duties. To obtain support, a woman needs to contact social security and submit documents confirming her status. Based on the results of reviewing the papers, she may receive:

1. Discount on utility bills.
2. Free rental housing.
3. Privileges when receiving medical care.
4. Benefits when receiving education.
5. Non-financial material support.

Read also: One-time financial assistance

When paying amounts of money, funds are transferred before the 15th of each month.

Additional compensation benefits for the loss of a survivor

Military spouses are highly dependent on them, so after their death, women are provided with additional financial support. In particular, this category has the right:

1. Registration of a double pension if the woman has reached retirement age at the time of her husband’s death.
2. Providing additional payment if there is a small child.
3. Maintaining the queue for housing.

To take advantage of these benefits, the widow will need to additionally provide a certificate confirming the death of her spouse.

State support for the spouse of a military pensioner

Taking into account the fact that military service is not only honorable, but also difficult, former military personnel have the right to take advantage of a number of benefits, some of which apply to members of their families.
Accordingly, spouses of military pensioners have the right to count on receiving the following state privileges:

1. Improving living conditions.
2. Discount on utility bills.
3. Preferential pension.
4. Benefits in the field of medical care.

To take advantage of the above rights, a woman just needs to contact the social security department and provide documents confirming the fact that her husband served in the army.

Emergency service

Of course, it is impossible to compare the hardships of everyday life for the spouses of military personnel, who have been in service for 10 or more years due to the conclusion of a contract, and the wives of conscripts, who will perform their duty for only a year. And, nevertheless, due to the fact that a conscript soldier cannot provide financial assistance to his wife or newborn child due to compulsory military service, the spouses of conscripts are provided with a number of benefits at the state level.

In particular, by virtue of Federal Law No. 81, they have the right to:

• a one-time benefit during pregnancy of 180 days in the amount of 26,539.76 rubles, regardless of the right to receive other benefits, that is, the same maternity payment or registration in the early stages;
• a monthly allowance for a child in the amount of 11,374.18 rubles, but not earlier than the child’s father is drafted into the army and no longer than his term of service.

At the same time, in order to receive the agreed payments, a woman must contact the social security authorities at her place of residence , presenting not only a standard package of documents about pregnancy, registration and other personal data, but also a certificate from the military registration and enlistment office confirming that her husband is in conscription service.

Conditions of appointment

All benefits and benefits are accrued through the social security service or the Pension Fund. You can also submit documents to the MFC (Multifunctional Center), from where they will be transferred to the desired department.

Upon retirement

The only benefit available to military wives upon retirement is the accrual of longer work experience. She may qualify for the following additional terms:

1. Up to 5 years, if a citizen could not find work when moving to a new city. At the same time, she must be a member of the Employment Center and receive unemployed status if the Center is also unable to help her.
2. 1.5 years each, during which the wife looked after the child. In this case, she will receive no more than 4.5 years, 1.5 years for 3 children.

Important! These periods can be summed up, that is, the maximum period by which a citizen’s work experience can be increased is 9.5 years.

Pension calculation

When calculating the pension, all the above periods are taken into account. They allow you to increase your work experience, which will have a positive effect on the citizen’s pension.

Birth of a child

After the birth of the baby, parents can receive all maternity benefits due. Also, the wife has the right to a one-time payment in the amount of 34,521.20 rubles. The last amount is compensation for 140 days of maternity leave and is calculated from the minimum wage. The amount may be increased by a regional coefficient if the parents live in difficult natural conditions.

Important! By law, maternity benefits are paid only to employed women, but an exception is made for military spouses.

The only condition for receiving money is the birth of a child from a serviceman.

Wife's pregnancy

In addition to the general payments for all pregnant women, military wives can claim a one-time benefit in the amount of 24,565.89 rubles. To do this, 3 conditions must be met:

1. The husband is a conscript.
2. A marriage was registered between them.
3. The pregnancy period is more than 6 months.

Important! Spouses of contract soldiers or military school students are not entitled to this benefit. They receive money on a general basis.

Benefits for wives of military personnel under contract

Contract service is one of the types of public service. On the one hand, contract soldiers voluntarily chose this profession, on the other hand, there are no less difficulties in it. Benefits for military wives do not differ from those listed.

Emergency service

Conscript service lasts only 1 year. During this time, spouses and children of a soldier are entitled to receive the following benefits (amount indicated for 2021):

1. A pregnant wife has the right to a one-time benefit in the amount of 27,6280.97 rubles. It is paid after 6 months.
2. A spouse with a child under 3 years of age has the right to receive a monthly benefit in the amount of 11,863.27 rubles for each child.

As soon as the soldier returns from service, payments stop.

Subsidy for housing purchase

A subsidy for the purchase of their own housing is provided to the military man and his family. To obtain it, the following conditions must be met:

1. If a contract was concluded before January 1988, the family must be recognized as in dire need of housing.
2. The military man served for more than 10 years, after which he was transferred to the reserve or retired, while the family is also in dire need of housing.
3. The soldier served for more than 20 years, during which he used official housing.

The subsidy itself is paid only once. Its amount is calculated individually depending on the area of ​​housing that the family is entitled to by law, the average price per square meter in the country and the number of years of service.

Registration of compensation for widows

Widows of military personnel are entitled to the following payments:

1. Funeral benefit.
2. Survivor's pension.
3. Social support: compensation for housing and communal services, free travel, accommodation in the apartment she occupied with her husband, treatment in military medical institutions.
4. Children of the deceased are enrolled in kindergartens and schools free of charge and out of turn.

Benefits for widows of military retirees include the ability to choose what kind of pension she wants to receive for herself or her husband. In some cases, she may qualify for both pensions at once,

Important! The widow loses the right to these benefits as soon as she remarries.

Registration takes place through the Ministry of Defense, the military commissariat at the place of residence, or a specific department, for example, the Pension Fund.

State support for the wife of a retired military man

Considering that service in the ranks of the Russian Army is not only honorable, but also quite difficult, former military personnel transferred to the reserve due to reaching the age limit or disability are entitled to a number of benefits that apply to members of their family, in particular, wives.

That is, military spouses, along with their husbands, have the right to count on:

• improvement of living conditions;
• payment of part of the utilities;
• preferential pension provision;
• medical care, including sanatorium-resort treatment.

At the same time, in order to exercise their right to the specified preferences, the spouse of a serviceman can apply to the department of social protection , again with the provision of supporting documents about the husband’s service in the ranks of the Russian Army.

What is required and what rights do contact military personnel and their families have?

Under certain conditions stipulated by federal legislation, a serviceman can count on the allocation of a housing subsidy for the purchase of home ownership.
In this case, you need to focus on the length of service of the citizen himself and his social status. Russian legislation implies the presence of certain benefits that are inherent both to the contract worker himself and to his family. In addition, a citizen has the right to independently choose how to enter the service - by conscription, for a period of one year, or under a contract, for a period of 2 years.

Widows

Considering that many wives of military personnel at the time of their husband’s untimely death depend in almost everything on the preferences provided by the state, the specified category is not left without support. So, in particular, in accordance with Federal Law No. 400, widows are given the right to a double pension , namely for the loss of a breadwinner and for old age, of course, if the woman has reached it.

If a widow is relatively young, but has small children to support, she is entitled to a monthly allowance regardless of whether she has a permanent place of work or not, given that small relatives or children of a deceased military man need to be fed and educated.

Also, a woman who, together with her husband, was registered for the improvement of housing conditions , will have the right to receive the coveted square meters, and in accordance with the footage that was provided even before the untimely death of her husband. And of course, the widow will not be left without previously provided benefits when paying for utility bills and medical care , not to mention the provision of solid fuel and assistance in repairing a residential building.

Moreover, in order to receive the above benefits, depending on their type, the widow will need to contact either the Pension Fund at her place of residence or the Social Security Administration with a package of documents specified by law. By the way, all expenses for the husband’s burial, including transportation of the body and the purchase of all ritual paraphernalia, as well as the installation of the monument, will be compensated from the federal budget in gratitude for his long service and fulfilled civic duty to Russia.

For information on providing housing for military personnel and their families, see the following video:

posobie-help.ru

Benefits for widows of military officers

Considering the fact that by the time the husband passes away, wives largely depend on the benefits provided by the state, they are not left without support. So, in accordance with the Law, they are provided with:

• The right to a double pension: by age and by loss of a breadwinner, unless of course she is already of retirement age
• If the widow is young and has small children, she is entitled to a constant monthly benefit, regardless of whether she works or not.
• If during their lifetime the spouses were on a waiting list for housing, this right is not lost and the number of square meters is not reduced
• All previously provided benefits for payment of utilities, medical and sanatorium-resort nature are preserved

To apply for these benefits, you must contact the Pension Fund branch with a complete set of documents, namely:

• Russian passport
• Your Photo
• Death certificate of spouse
• Marriage certificate
• A document confirming that the spouse was a military man

In order to apply for a bereavement pension, you need to contact the Pension Fund; for utility benefits, you can submit documents to a micro-finance center or to a management company.

Registration of compensation for widows

To receive compensation for utilities, widows must:

• contact the nearest micro-financial center or social security office.
• Collect a complete list of documents so that all certificates are valid on the day of submission
• The main requirement is the absence of debts to pay for utilities and attitude towards this category of citizens.
• Documents are submitted once every six months, the review period is ten days.

If you submitted them before the fifteenth day of the month, then you can expect a benefit this month, if later, then next month. Compensation is provided either to a current account opened in your name or it arrives at the post office.

To apply for a benefit you must:

1. application for social benefits;
2. identification document of the applicant;
3. document confirming the right to receive benefits (widow's certificate)
4. documents confirming the legal basis for classifying persons living with the applicant as members of his family (for example, a marriage certificate);
5. certificate of family composition;
6. certificate of ownership of residential premises or social tenancy agreement (upon initial application).

How to properly reduce the number or staff of employees?

As one of the grounds for termination of an employment contract at the initiative of the employer, the Labor Code of the Russian Federation provides for a reduction in the number or staff of employees (Clause 2, Part 1, Article 81 of the Labor Code of the Russian Federation). The legislator separated the terms “downsizing” and “staff reduction”, but did not directly define the differences between them.

What is the staff of an organization? Its signs are contained in paragraph 2 of Part 2 of Art. 57 of the Labor Code of the Russian Federation and Instructions for the use and completion of forms of primary accounting documentation for recording labor and its payment, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

Payments to the wife of a serviceman serving under a contract

Pregnant women, those who have given birth, and wives of military personnel who have entered into a contract with the Armed Forces are not covered by the benefits provided to the wives of conscripts. Law No. 81-FZ singled out only spouses of conscripts into a separate category of recipients of preferential payments; wives of long-term conscripts were not included in this category. Benefits for children, as well as for pregnancy, are assigned and paid to them, but under general conditions. That is, the same as for women who are not married to military personnel.

But by order of the Ministry of Defense No. 171 of April 24, 1999, on the basis of the Government of the Russian Federation Resolution No. 231 of February 27, 1999, it was approved that they can be paid compensation for involuntary unemployment, under the following conditions:

1. A woman lives on the territory of a military unit at her husband’s place of service, where she cannot be provided with work in her specialty. 2. Her husband was assigned to the place of military service by the Ministry of Defense of the Russian Federation. 3. She does not receive unemployment benefits from the employment center. 4. She was not provided with other social benefits, including pension payments and child care benefits under 3 years of age.

These payments are allocated from the funds of the Ministry of Defense and are not social payments. They start paying:

• from the date of appointment of the husband at the place of deployment; • when registering an official marriage.

Payments are terminated in the following cases:

• when transferring a military man to another unit; • when registering for unemployment; • upon receipt of any social or other payments; • upon retirement; • upon dismissal of a spouse from military service; • in other cases provided for by law.

If a pregnant wife stops working during pregnancy due to her husband’s new appointment, she does not lose the right to receive maternity benefits based on earnings at her last place of work.

. In this case, she applies for benefits through social security, presenting certificates from her last place of work.

REFERENCE:

Benefits assigned from the funds of the Ministry of Defense are issued on the basis of a report from a serviceman, with supporting documents attached.

This list is not exhaustive. In addition to payments, this category of women can also count on other social protection measures related to certain life situations.

Benefits for wives and widows of military personnel

There is no single list of such benefits in the legislation. To establish them, it is necessary to immediately refer to several legal acts in the field of pensions, medical care, insurance coverage and, of course, to the Federal Law “On the Status of Military Personnel.”

It is worth mentioning right away that the range of government support measures for wives of military personnel is extremely meager; the rights of widows of deceased soldiers and officers are protected more extensively. It is no secret that many families follow its head to any location.

There has been a lot of talk about staff reductions lately. For some, management has already officially informed them about this, for others they overheard similar conversations at their superiors’ offices, and for others, they start a conversation on this topic just to keep the conversation going.

Employees are interested in what rights and guarantees they have upon dismissal due to staff reduction. Employers are concerned about compliance with all formalities of such dismissal, so that such dismissal is not subsequently recognized as illegal.

Law of the Republic of Belarus On pension provision for military personnel, commanding and rank-and-file personnel of internal affairs bodies, the Investigative Committee of the Republic of Belarus, bodies and units for emergency situations and financial investigation bodies Article 48

Law of the Republic of Belarus On pension provision for military personnel, commanding and rank-and-file personnel of internal affairs bodies, the Investigative Committee of the Republic of Belarus, bodies and units for emergency situations and financial investigation bodies Article 48.

The deadline for granting pensions a) to military personnel of compulsory military service - from the date of discharge from the hospital or from the date of dismissal from military service, if the determination of disability by the medical rehabilitation expert commission and the application for a pension followed no later than three months, respectively, from the date of discharge from the hospital or from the date of dismissal from military service, and to family members of conscripts and pensioners from among these military personnel - from the date of death of the breadwinner or the emergence of the right to a pension.

For spouses of military personnel, the total length of service required to establish a pension includes the entire period of residence with their spouses until 1992, regardless of the location of military units; since 1992 - in areas where they could not work in their specialty due to lack of employment opportunities and were recognized as unemployed in accordance with the established procedure, as well as the period when spouses of military personnel - citizens were forced not to work due to the health of their children related to the living conditions at the place of military service of the spouses, if, according to the conclusion of a medical organization, their children needed outside care.

vigor24.ru

Military personnel, due to their special status and employment, have a variety of benefits provided by the state. Their family members (wives, children and parents) are also entitled to certain privileges. They affect different areas of life. For example, in some cases, social benefits, financial support, benefits or discounts on utility bills, and medical care are provided.

The law establishes certain benefits for the wives of military personnel related to their employment: preference when entering military or civilian service, retention at work in the event of a reduction in staff.

As practice shows, it is the responsibility of the families themselves to know what payments are due and demand their registration. In military units, this information is most often not communicated to personnel, and inexperienced military personnel may simply not know about the existence of separate benefits for their family.

Most benefits and additional privileges are established under the law “On the Status of Military Personnel”.

Read more about benefits for children of military personnel.

What benefits are available to military wives and how to get them?

My husband and I are aware of the right to “refuse” the provided voucher. But in our case, our desire and right to take a health course is violated by other regulatory regulations of other structures. I ask for legal support in this matter, since this issue turned out to be urgent for our family. I have no desire to lose the right to early retirement for violating the “unemployment regime”, and such a situation will not improve my health.

If, by the time the pension is issued, the military spouse dies or dies due to previously received injuries and concussions, the woman will have the right to double benefits, namely for the loss of a breadwinner and for old age or disability, but on the condition that she does not remarry .

Benefits for family members of veterans

The status of veterans and the privileges entitled to them and their families are regulated by the Federal Law “On Veterans”. It has been determined that benefits to family members of a combat veteran are provided to parents and spouses who have not remarried and live with children or alone, in the event of the death of the veteran himself (Article 21 of the said Federal Law). Designated persons can count on:

• additional pension provision;
• benefits when buying an apartment or cottage through a cooperative;
• medical assistance;
• discount on utility bills;
• treatment in sanatoriums;
• priority placement in nursing homes and other similar social institutions;
• living in a state apartment if the family applied before 2005.

The listed social support measures are also valid for the wives of contract servicemen who died while participating in hostilities on the territory of the USSR, Afghanistan, Syria and other states named in the annex to the Federal Law.

Benefits for other family members are established only if there are documents confirming their incapacity for work, the fact that they are dependent and receive a survivor's pension.

Benefits and payments for pregnancy

According to federal legislation, the wife of a serviceman, unlike the wife of a conscript, does not have any special benefits provided during pregnancy and childbirth.

Consequently, wives of military personnel under contract are officially employed, then maternity benefits and funds for caring for the baby are paid at the place of employment.

If, due to constant moving, the employee’s spouse was unable to find a permanent place of work, or she is unemployed in accordance with the procedure established by law, she has no right to a one-time allowance for childbirth, except in cases provided for by federal legislation.

In particular, you can count on receiving such a payment when going on maternity leave:

1. Full-time student;
2. A woman fired due to the liquidation of a legal entity;
3. A woman had to quit because she had to move to another city due to her husband’s transfer, if such dismissal occurred within 30 days before going on maternity leave.

Additional payments at the birth of a child are possible when the spouse of a serviceman works on the territory of a military unit, as an employee who is part of the civilian staff.

Benefits for families of military personnel under contract

The hardships and deprivations of military service, which are borne not only by officers and contract soldiers, but also by their wives and children, are compensated by certain benefits for family members of military personnel. Changing duty stations is one of the complicating factors in life. As a balance we offer:

• children or wives studying in public educational institutions (schools, colleges, universities) transfer to another educational institution located closer to the place of service;
• travel to a new place of duty and transportation of things, which is carried out at the expense of the state;
• once a year to pay for travel to a vacation spot. Compensation is limited and can only be received in respect of one family member;
• free travel for treatment to a medical institution, carried out at the direction of the commission;
• free delivery after dismissal of a serviceman, his family and belongings to his chosen place of residence;
• providing children with a place in a preschool educational institution, school or health camp in the first place.

Additionally, families enjoy the benefits that the state provides to the serviceman himself. For example, a contract employee is entitled to official housing or compensation for subletting of residential premises. He was also given the right to participate in the savings system and obtain a military mortgage.

In the event of the death of a military man while performing his duties, his family is provided with the following benefits:

These privileges are retained by widows only until they remarry. After registration of a civil status act, the rights to provide benefits cease.

Benefits that the wife of a military personnel may qualify for

This includes only financial transfers that are due to spouses of military personnel in certain situations:

1. For pregnancy and childbirth. After the 30th week, pregnant women receive a single payment; they are also entitled to maternity benefits, even if they are not employed. After birth, they are entitled to monthly payments until the child reaches 1.5 years of age.
2. For unemployment. If the spouse was unable to find a job in the city where the family moved, she must contact the Employment Center and obtain unemployed status. This will allow her to accumulate work experience until a position is found, in addition, she will receive a small allowance. The size of the latter depends on the region.
3. In connection with the injury of the husband or his death while on duty. If a military man dies, his family will receive an insurance payment in the amount of 2 million rubles; if he receives a disability of group 1, 1.5 million; for groups 2 and 3, 0.5-1 million rubles. If you receive any physical injuries (fractures, wounds, etc.), the amount will be 200 thousand rubles. In addition, additional payments may be assigned (for example, a survivor's pension).
4. For burial. This includes reimbursement of the cost of the monument and a funeral allowance, the latter can be replaced by compensation for expenses. The amount of compensation is determined individually. If a military pensioner or veteran dies, the wife has the right to receive an amount equal to 3 of his pensions. You can find out what benefits the widow of a military pensioner is entitled to after his death at the military registration and enlistment office where the deceased was registered.

Benefits for wives of military personnel

Women who follow their husbands to designated duty stations are often constrained in realizing their potential. The restrictions are partially compensated by the benefits provided:

With regard to benefits for the wives of military personnel upon retirement, it is recommended to pay attention to the following circumstances:

1. The entire period of residence with spouses is counted.
2. The fact that you do not have a job in your specialty is confirmed by the employment service (you must contact the service to register as unemployed).
3. If childcare is required, a medical certificate is required.
4. Separately, you need to take a salary certificate for your pension.

The specified periods are used for calculations when calculating pensions, since they affect the length of service. The length of service is also used to receive insurance payments.

Basic moments

The work of a military serviceman is not only dangerous, but also difficult in everyday matters: constant travel, training camps, difficult conditions, and a high probability of death. To compensate for this, the state provides the military with a number of benefits and privileges that affect many aspects of their lives.

It is no less difficult for military wives, especially if children were born in the family. They have to move with their spouse to new cities, find a job in a new place, etc. A number of benefits and allowances are also provided for them.

General concepts

The family of a serviceman can count on the following types of compensation:

1. Benefits: additional rights and benefits guaranteed by the state. For example, the right to an advantage in employment or a discount when paying for housing and communal services.
2. Benefits: An additional amount of money that may be paid once for a specific situation (such as the birth of a child) or on a regular basis (usually monthly).

Types of assistance

Wives of military personnel are entitled to the following types of assistance:

1. Receiving free housing when moving to a new city or compensation if you need to rent an apartment. The spouse has the right to choose housing on the same basis as her husband.
2. Improving housing conditions on preferential terms.
3. Employment on preferential terms, under which the wife will have the opportunity to combine work and regular travel. This includes benefits when applying for a job in a state-owned company, advanced training or retraining at the expense of the state, and the opportunity to take a vacation at the same time as your spouse’s vacation.
4. Calculation of length of service taking into account the time spent in the garrison with the spouse.
5. Right to a preferential pension.
6. Mandatory payments to pregnant women.
7. Treatment in military hospitals, obtaining vouchers to specialized sanatoriums.
8. If her husband dies or is injured, the wife can count on state support, including financial support.

A family can only count on tax breaks if it receives a different status: low-income or large.

Current legal framework

The list of benefits and the procedure for their payment for military personnel and their families is prescribed in Federal Law No. 76-FZ On the status of military personnel. Cash payments to military personnel are regulated by Law No. 306-FZ On monetary allowances and the provision of individual payments.

In addition, some nuances are specified in specific Codes. For example, the Labor Code notes that a spouse can use additional unpaid leave for a period of 2 weeks at any convenient time (Article 128 of the Labor Code).

Benefits for widows of retired military personnel in 2021

Sorry, it’s not entirely clear. Dad retired to the reserves in 1990 from the position of chief. ZRV of the 6th Air Defense Army with the rank of general-major. In 1972, my parents gave birth to a paralyzed girl (cerebral palsy, disabled since childhood, 1st group) for whom we are still caring. Accordingly, my mother could not work. Before that, I myself was a very sick child. My mother’s length of service is less than 5 years. And she is paid only a social pension (basic part), so does this care for a seriously ill child count towards the length of service for receiving the insurance part of the pension?

Benefits of a working military pensioner during staff reduction

Severance pay to a Chernobyl survivor: Alexey Tubelets, chief specialist of the department for regulating labor relations of the Legal Department of the Ministry of Social Policy The employee is a person who suffered as a result of the Chernobyl disaster, classified as category 1. How much severance pay should he be paid upon dismissal? Thus, for Chernobyl victims classified as category 1, among other things, the specified Law determines the preferential right to remain at work when workers are released due to changes in the organization of production and labor, including liquidation, reorganization or re-profiling of an enterprise, reduction in the number or staff of employees, as well as for employment p. If such a right of a Chernobyl survivor has already been taken into account when reducing the number of employees, but the employer is still forced to terminate the employment contract on the basis of clause. The procedure for dismissing a redundant employee must be carried out in accordance with Art.

We recommend reading: How long do you need to live in Moscow to qualify for compensation for purchasing equipment?

Benefits of a working military pensioner during staff reduction

To avoid financial problems during a crisis or to get out of the situation with minimal losses, company management often decides to lay off workers. The first applicants are often pensioners. Is it possible to lay off a pensioner? If earlier, before the new Labor Code of the Russian Federation Labor Code of the Russian Federation came into force this year, the law allowed the dismissal of pensioners upon reaching a certain age, today the acquisition of pension rights by a person cannot serve as a reason for dismissal due to reduction.

In the amount of at least 3 average salaries, compensation is issued in connection with the termination of documents signed upon hiring, due to the termination of the organization’s work, the approval of measures to reduce the team or the number of employees, or the completion of the work of an individual entrepreneur.

Nazarov spoke about some details last week on Echo of Moscow. “Those who are planning to retire from the military should be offered a normal social contract instead of a pension,” the economist explained.

List of benefits for military wives in 2021

If the spouses have not officially registered their relationship, then additional accruals are canceled. To qualify for financial support from the state, a woman must collect all the necessary documents and then submit them to the social protection authorities.

And according to paragraph 3 of the Disciplinary Charter of the Armed Forces of the Russian Federation, military discipline obliges every serviceman to behave with dignity in public places, to prevent himself and to restrain others from unworthy actions, to help protect the honor and dignity of citizens. Senior lieutenant submariner 10 calendars. 01.12.13. another directive to reduce staff. Wrote a report on dismissal due to the general education department. I am on a secondment in the Primorsky region as part of a unit. The unit is part of the division in Kamchatka. The higher command considered it inappropriate to withdraw and dismiss directly from the unit. I have not yet prepared the documents for payments under the NIS since my main place of residence is Kamchatka, I have not written a report for retraining and, in addition, I have to get home at my own expense. I didn't take any vacation. Are the command's actions legal? How to properly file a resignation letter.

For the child of a serviceman undergoing conscription military service, benefits are assigned to the child’s mother, but only for the period the child’s father is undergoing conscription military service. The benefit may be assigned to the child’s guardian or other relative who is actually caring for him in situations expressly provided for by the Law. The monthly benefit for the child of a military serviceman undergoing military service is 7,943 rubles (at the end of 2021).

Benefits for wives and widows of military personnel

In the absence of the above rights, by virtue of Art. 9 of the Law on the Protection of Ownership of a real estate object being created or created, as well as when ensuring the fulfillment of an obligation under an agreement containing the right to exchange goods of inadequate quality from the consumer and, if necessary, to check the quality of the goods. The consumer has the right to participate in checking the quality of the product. Federal Law “On the status of military personnel.” Decree of the Government of the Russian Federation of February 27, 1999 N 231 “On the amount and procedure for paying monthly benefits to spouses of military personnel serving under a contract during the period of their residence with their spouses in areas where they are forced not to work or cannot find employment in their specialty due to lack of employment opportunities, as well as due to the health of children” and the resolution of the Council of Ministers - Government of the Russian Federation of November 22, 1993.

In most cases, she does not have the opportunity to get an official job and, as a result, earn her own income. Another burden for the wife of a military man arises when she retires.

Contract service for the benefit of the homeland is honorable work, and the state offers those who choose the path of a professional military man a number of important benefits. Some of them apply not only to the serviceman himself, but also to members of his family. Let's take a closer look at all the existing benefits for contract military personnel. Contents:

Payments to a military wife at the birth of a child

Based on Law 12.5 No. 81-FZ, regardless of the receipt of other benefits, a monthly allowance in the amount of 11,863 rubles 27 kopecks is accrued for the child of a person called up for military service. It was also increased from February 1, 2019 on the basis of PP No. 32. To receive this benefit, it is not necessary to have a marriage certificate. The main thing is that the child’s father is included in his birth certificate. At the birth of a second child, a deferment from conscription is given.

Spouses of military personnel do not have these benefits under contract. On a general basis, they can receive a one-time benefit from the state for a newborn. In 2021, from February 1, its size increased, now it is 17,479 rubles 72 kopecks. This benefit can be received at the place of work or through social security authorities if the military spouse does not work.

For the care of children under one and a half years old, a payment is assigned, the amount of which depends on the woman’s average earnings. But it cannot be less than the minimum wage (minimum wage) adopted in the region of her residence. In 2021, the minimum wage was increased, which had a proportionate effect on increasing the amount of benefits for child care up to one and a half years:

• the minimum amount of benefits for the first-born is 4,512 rubles; • minimum for the second and subsequent children – 6,284 rubles 65 kopecks.

Minimum payments are assigned if the woman did not work, or her average earnings for 2 years did not exceed 1 minimum wage

. In this case, the payment is fully or partially compensated from state insurance funds. If you have stable earnings above the established minimum wage, the benefit will increase proportionately. If a regional coefficient is established at the place of residence of a military family, it also affects the amount of the benefit. But the maximum payments have a fixed ceiling of 26,152 rubles 27 kopecks. They are not charged above this amount.

IMPORTANT:

In addition, all mothers of children from one and a half to three years old have the right to receive an allowance in the amount of 50 rubles if they do not work. And also - issue a “maternity capital” certificate. Regional benefits are assigned by the local municipality; their amount is determined by regional acts and may vary.

What other benefits are provided to military spouses?

In addition to the benefits and payments provided for by law, military spouses have benefits. They are provided for by federal and municipal legislation, and can also be provided on the basis of local laws of individual military units, by order of the command. Applies only to families of military personnel serving under contract.

The main benefits received are the following:

1. Employment. Military wives have advantages over other categories of the population when applying for a job, including by specialty or education, in accordance with a diploma. 2. Vacation. Military personnel have the right to spend their vacation with their families, therefore the employer is obliged to provide his wife with a vacation that coincides in terms of the husband’s vacation. 3. Medical care. Members of military families can enjoy free services in military clinics and hospitals, and purchase medicines on preferential terms. They are entitled to benefits during sanatorium-resort treatment, as well as free installation of dentures. 4. The right to use an apartment owned by the military department, receiving benefits for housing and communal services.

A military widow, if she has not remarried, retains part of the benefits received while living with her deceased spouse

. In case of divorce, some of the benefits that belonged to the woman are lost. But for minor children who are members of a military serviceman’s family, they remain until they reach adulthood.

Publication date 06/13/2019