A soldier who is serving under a contract may be prematurely dismissed from military service in connection with ongoing organizational and staffing measures (hereinafter referred to as OSM), let's see how this happens?
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The procedure for dismissal under OSHM
A soldier who is serving under a contract may be early dismissed from military service in connection with ongoing organizational and staffing measures (hereinafter referred to as OSM).
Dismissal under the general management can occur for various reasons, for example, in connection with the reduction of a person’s position. BUT a serviceman can declare that he wants to serve in another position or, on the contrary, ask to be dismissed in connection with the OSH.
The serviceman submits a report addressed to the unit commander, which is reviewed by the commander and, if satisfied, the serviceman is presented for dismissal on the appropriate grounds.
A serviceman may be refused dismissal by the unit commander under the general military order and, without his consent, he may be appointed to an equal military position.
Thus, a person can be dismissed under OSHM with the consent of both parties, i.e. soldier and unit commander.
USEFUL : read about reinstatement in military service via the link on the website
Actions are illegal
The current legislation describes in detail the procedure for dismissing military personnel without providing them with quarters. m. However, in practice, cases arise in which a citizen loses both his position in the RF Armed Forces and the opportunity to receive free housing at the expense of budget funds.
This is important to know: What is the difference between downsizing and staff reduction?
Here are 2 examples from existing practice:
A military man serving in the Moscow region presented the cash register to the judicial authority. a complaint regarding his release from service in connection with the incident.
The general situation in the case under consideration was as follows:
- the grounds that led to the dismissal – OSHM;
- total length of service – 12 years, 4 months;
- at the time of the dismissal, the applicant was recognized as needy, since he has 3 children under the age of majority;
- he once refused to provide an apartment at the place of service (8 years before the filing of the claim);
- the person did not give consent to dismissal.
The court accepted the plaintiff's demands and reinstated him in his position until the allocation of residential premises.
Reasons for making such a decision:
- refusal was 1 time;
- The military man is registered as needy.
- Failure of the allocated apartment to meet established standards.
The citizen was dismissed from the RF Armed Forces due to his recognition as incapable of further service based on the results of the military military examination.
For consideration by the cassation court of the Belgorod region. a protest was submitted, the main essence of which is as follows:
- the basis for dismissal is the applicant’s inadequacy for the position due to illness;
- the total time of military service is 10 years, 11 months;
- at the time of his release from the ranks of the Russian Armed Forces, the plaintiff was recognized as needy, since he is the father of 2 children under the age of 18;
- The plaintiff refused the housing space provided by the state twice (the apartments were 48 and 60 sq. m., respectively).
The protest was satisfied by the court. The operative part of the decision contained a requirement to transfer the applicant to a non-staff position (at the disposal of his superiors) until the provision of real estate.
The reason for recognizing the dismissal as unlawful was the provision of housing that did not meet generally accepted standards. In the Belgorod region. the norm for 1 citizen is 18 square meters. m. In a military family there are 4 people, respectively, the area of the apartment must be at least 72 sq. m. m.
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
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How to correctly write a report on dismissal under OSHM?
In the course of the OshM, associated, for example, with the transition to a new staff, military personnel can submit a report that they were dismissed in connection with the OshM with reference to paragraph 2 of Art. 51 Federal Law No. 53.
- The report is submitted to the unit commander.
- The report must indicate from whom it is being submitted, i.e. your name and position.
- The document should be called a “report”.
- The report must indicate the request for dismissal, citing the provisions of the law regarding OSH.
- In the report, in addition to the request for dismissal, military personnel can specify that they be provided with living quarters. The report must also contain a refusal or consent to be transferred to another position (higher or lower). It must also contain consent or refusal to undergo a military medical commission. If a person is provided with housing, this must also be indicated in the report. In addition to this information, the report may contain other requests, for example, that the person be sent for retraining in a civilian specialty.
- When writing a report and presenting your requests, you should make references to specific rules of law.
- At the end of the report, the position and rank of the serviceman is indicated, a signature is placed and the transcript of the signature is indicated, and the date of the report is also indicated.
INTERESTING : how to write a report on termination of a contract on your own initiative, see the link
If a serviceman is discharged as a result of an accident
The law allows for the dismissal of a military personnel due to general military training.
The procedure must be carried out in compliance with the following conditions:
- the law allows you to serve and remain at the disposal of the commander, without holding a position, for 6 months;
- the dismissal of a serviceman under the General Staff Order can be carried out as a result of a reduction or absence of a position in the staffing table;
- They can be fired if a serviceman refuses to be transferred to higher or lower positions or his status has changed.
The procedure for dismissal due to organizational and staffing measures must also be observed. When the period established by law has expired, the citizen is sent an order for early dismissal.
If a person terminates service as a result of organizational and staffing measures, one can qualify for a number of one-time payments and compensations, depending on the amount of salary. If a person served for more than 10 years before dismissal, he can receive living space or a cash payment to purchase premises.
The right is available only to persons who, during their service, did not receive ownership of real estate from the RF Ministry of Defense.
If an officer or soldier is paid compensation for the cost of housing, the regional coefficient for the price of 1 square meter is taken into account. m. When figuring out how to retire from the army due to general medical conditions or for health reasons in 2021, you need to remember about the possibility of receiving monthly social benefits, lump sum payments or salary. First of all, one-time compensation is provided. The amount is calculated depending on the rank held at the time of dismissal, the amount of salary and the amount of time that the person served in the armed forces of the Russian Federation. If the military service is more than 15 years, the amount of social benefits is 40% of the salary at the time of dismissal.
An additional increase is provided. It is accrued every subsequent year. The increase in military benefits is 3%. You can receive payments for 5 years if a person has been laid off. If the length of service before dismissal is less than 15 years, payments are provided in the amount of the last salary, but within a year from the date of dismissal. The benefit is indexed at a time. The procedure is carried out depending on the current standards established by the Pension Fund of the Russian Federation. If a person re-enters military service before the expiration of the specified periods, the provision of social benefits ceases from the moment of employment.
A similar rule applies if a person begins to work while maintaining a military rank in the following organizations:
- customs service;
- Ministry of Internal Affairs of the Russian Federation;
- tax service.
When an order to dismiss a serviceman is signed, the personnel department in the unit provides data to the pension department. Information about salary and other data is received at the place of registration of the citizen. To receive a monthly transfer upon dismissal, a serviceman will need to contact the Pension Fund of the Russian Federation and submit documents of the established form. Funds are transferred to the current account.
Maslennikov Ivan Ivanovich
This is important to know: Is it possible to fire a pensioner due to staff reduction?
Graduated with honors from the State Academy of Law (SLA) with a degree in jurisprudence. Extensive experience in resolving legal issues of a wide range.
Disputes regarding dismissal for organizational reasons
Disputes related to dismissal due to general labor management can arise in a variety of ways. Examples include the following types of disputes:
- related to the failure to provide housing for a serviceman who has the right to it
- disputes regarding the refusal to dismiss on the basis of general military training, when a serviceman filed a report on dismissal on this basis, and he was denied it
- failure to make required payments upon dismissal, failure to provide food and clothing
- disputes regarding transfer to military service due to health conditions
- other types of disputes.
The procedure for carrying out OSM
If a military unit carries out general training, then layoffs cannot be avoided. The reasons for which may be:
- placement at the disposal of a military man (for example, for six months);
- provision of another position (higher or lower).
Thus, a service member may react to this in different ways:
- resign of your own free will;
- agree to a new position and transfer;
- refuse any changes (if possible).
Consequently, if the case comes to court, the serviceman is transferred to an equivalent position, but to a different unit.
Dismissal due to general training: benefits for military personnel
Dismissal due to general military service, in accordance with the Federal Law “On Military Service,” involves such payments to military personnel as:
- a one-time benefit in a non-fixed form - the amount of payment depends on the employee’s length of service. For example, if the experience is less than 20 years, employees will receive 2-15 salaries, if the experience is more than 20 years - 7-20 salaries, according to Federal Law No. 141;
- Provision of housing - if you have worked for at least 10 years, you cannot be dismissed for general employment without the provision of housing or subsidies. Therefore, a serviceman can safely claim this benefit;
- Monetary maintenance of residential premises under social rent - the state assumes the cost of renting square meters for a serviceman and his family. There is no fixed amount, it depends on the region;
- Salary according to rank - if a serviceman has worked in the RF Armed Forces for more than 20 years and was dismissed under the general military order, but has not reached retirement age, he must receive a payment according to rank every month after dismissal;
- Contribution of military service to the total length of service;
- Providing children with places in preschool and general education institutions;
- Providing leave for 15 days (when taking part in hostilities or performing military duty, being in a risk zone).
Dismissal bonuses are not awarded if:
- The HF has its own bonus system for military personnel;
- A serviceman serves outside Russia and is paid in a different currency;
- A contract soldier is at the disposal of the commander.
State contributions are also impossible to receive for those who are:
- Contractors with disciplinary, economic and financial violations - those who caused damage to the state or HF;
- Not distinguished by the results of a professional aptitude test.
Financial assistance: is it possible?
Payment of financial assistance is possible once a year. That is, if before dismissal the serviceman already received financial assistance, then upon termination of the contract it will no longer be available.
There are also additional conditions under which financial assistance is not issued:
- If a serviceman has been deprived of his status or rank;
- If an employee of the Armed Forces of the Russian Federation was sentenced to imprisonment by a court decision;
- If the serviceman violated the terms of the contract;
- If an employee of the RF Armed Forces was denied access to state secrets.
Thus, we can conclude that dismissal due to general military training is one of the types of unilateral termination of a contract and one of the reasons for suspending military service for a certain period (up to 6 months). If the issues cannot be resolved, the serviceman can be dismissed by order of the commander or at his own request.
What it is
- residential premises for the entire family, a housing certificate, EDV or military mortgage on preferential terms;
- the right to annual payment for sanatorium-resort treatment, as well as reimbursement of travel costs to a vacation spot;
- one-time compensation, which will be calculated based on the rank and position at the time of dismissal;
- if a citizen had state awards for the period of military service, two additional salaries are paid;
- bonuses are paid for the effective performance of official duties (the amount of payment will be determined by order and will not exceed 25% of the monthly salary);
- a monthly social benefit is assigned according to the rules specified above.
How does dismissal happen?
Information about the reasons for termination of the contract will be indicated in the serviceman’s personal file, which is sent to the military commissariat at the place of residence. In the future, a citizen will be able to again enter into a contract with the RF Ministry of Defense if the age limit for military service has not reached.
Important! When additional documentation is attached to the report itself (for example, a certificate of completion of a medical examination, NIS participant number, etc.), then this must also be indicated in its content.
