Report on dismissal from the Ministry of Internal Affairs at one's own request and others: a sample of how to correctly write to a police officer, and the deadline for submitting to the Department of Internal Affairs based on length of service with the right to a pension

When work is associated with danger, risk to life, sooner or later a person understands this and decides to change his field of activity. If a law enforcement officer is tired of performing his difficult duties, then he can write a letter of resignation from the Ministry of Internal Affairs of his own free will. He is given this legal right. This article will help you understand the main nuances of this procedure.

How is a document drawn up in the internal affairs bodies?

The regulations of the Russian Federation do not contain provisions regulating the form of the report, so the document is drawn up in any form. Over time, norms and rules have developed that any dismissal report meets:

references to legislation are indicated that reflect the employee’s right to dismissal, as well as preferences requested from management;
the document is an A4 sheet with the name “Report”, filled with printed or handwritten text;
the report contains a list of documents that are returned to the employee on the day of payment;
consent or disagreement to undergo a military medical commission is indicated.

The header on the right indicates the name of the executive authority, as well as the position and full name of the chief. The date, signature and position of the employee are placed under the description of the content.

Since the law allows for an arbitrary form of the document, references to legislation, as well as other provisions not directly related to the request for dismissal, may not be indicated. However, the text must indicate the details of the employee, manager and department of the Ministry of Internal Affairs.

Common Mistakes

Among the errors, several cases are the most common. Among such moments

It is often thought that work is not mandatory if there are good reasons, but termination of a contract has general grounds. This means that the employer has the right not to release the employee even for valid reasons that are not provided for; Another mistake is that they consider breaking a contract possible only on a certain date, but there is always the opportunity to come to an agreement with management rather than leaving after the expiration of the work period; inadequacy for the position is not a violation for which one is fired under the article. In fact, this means an inappropriate level of preparation for this activity, that is, the person may not pass the certification.

Errors can be varied, for example, police do not write a statement, as happens in standard labor relations, but a report addressed to the head of the institution. In this case, the dismissal process has many nuances that need to be taken into account. It is also necessary to remember that labor law standards must be fully observed.

The only difference is that there is not an employment contract, but a contract that contains special clauses.

How to write it correctly to a police officer: instructions with samples and forms

The specifics of termination of an employment contract in the Ministry of Internal Affairs are reflected in the Labor Code of the Russian Federation , as well as in Federal Law No. 342 “On service in internal affairs bodies” dated November 30, 2011 (hereinafter referred to as the Law). Depending on the reason for dismissal, regulatory aspects and treatment specifics will vary. In each case, it is necessary to prepare 2 copies of the report.

Drawing up a report upon dismissal is required if the grounds for dismissal are:

employee's desire;
agreement of the parties;
end of a fixed-term contract;
reaching the service age limit;
length of service.

In other cases, when dismissal from the Ministry of Internal Affairs is carried out on the initiative of management or for reasons beyond the control of the parties (liquidation of a unit, deterioration of the employee’s health), the employee is warned in advance, then a representation and an order are issued in his name .

At your own request

The right to dismiss from the Ministry of Internal Affairs at one's own request is regulated by sub-clause. 2 tbsp. 82 of the Law, as well as Art. 80 Labor Code of the Russian Federation.

Having decided to resign from service, the employee draws up a report according to the following sample. The header at the top right of the document lists:

manager position - chief;
name of the structural unit - department of internal affairs, police;
name of the executive authority - Internal Affairs Directorate, Ministry of Internal Affairs;
division region (district, city, region);
military rank of the commander - colonel;
boss's name;
employee's name and title.

Example of a header: “To the Head of the Oktyabrsky District Department of Internal Affairs of the Krasnoyarsk Internal Affairs Directorate, Colonel P. V. Petrov from Sergeant V. P. Ivanov.”

Below in the middle is the name of the document “Report”. The body of the report lists:

Links to sub. 2 tbsp. 82 Federal Law No. 342 “On service in internal affairs bodies”, as well as on Art. 80 of the Labor Code of the Russian Federation as grounds for dismissal at will.
Request for voluntary resignation indicating the preferred date for termination of the employment contract.
Agreement or disagreement to undergo a military medical commission, for example, “I refuse to undergo a military medical examination.”
Request for payment with reference to Art. 140 Labor Code of the Russian Federation.
Request and list of documents returned to the employee on the day of dismissal with reference to Art. 62 of the Labor Code of the Russian Federation (inventory by list).
Intention to contact the prosecutor's office in case of refusal to pay or issue documents within the established time frame with reference to Art. 140 and art. 145.1 of the Criminal Code of the Russian Federation.

The document is dated and certified by the employee’s signature. To the right, the employee indicates the transcript with initials, below - the rank, name and region of the unit. Example: “Ivanov V.P. police sergeant of the regiment of the Internal Affairs Directorate of Krasnoyarsk.”

Samples and forms:

According to Art. 62 of the Labor Code of the Russian Federation, on the day of dismissal, the employee is provided with the following documents:

military ID;
work book;
a copy of the dismissal order;
pension certificate;
certificate of income for the last year.

This list must be reflected in the inventory in the body of the report. Sample report for voluntary dismissal.

The dismissal report must be submitted one month before the expected date of termination of the employment contract, unless otherwise provided by mutual agreement between the employee and management.

The date of dismissal stated in the report occurs no earlier than a month from the date on which the document was drawn up.

At the end of the contract

The basis for termination of employment relations with an employee is also the end of a fixed-term contract (Article 86 of the Law). In this case, it is necessary to apply for dismissal upon expiration of the contract for service in the internal affairs bodies or the police. The employee is notified of the termination of the agreement 7 days before its end (Clause 1, Article 86 of the Law).

Article 86 No. 342-FZ. Termination of a fixed-term contract due to its expiration

A fixed-term contract is terminated upon expiration of its validity period, of which the employee of the internal affairs bodies must be notified in writing no later than seven working days before the expiration of the specified period.
The fixed-term contract provided for in clauses 2, 3 and 7 of part 5 of article 22 of this Federal Law is terminated upon the occurrence of an event with which its termination is associated.
Upon expiration of the previous fixed-term contract, a new fixed-term contract may be concluded with an internal affairs officer.

In the header you need to contact the boss indicating the name and region of the unit. Further:

in the middle the name of the document “Report” is indicated;
the employee submits a request for dismissal upon expiration of the contract;
the position, full name and military rank of the employee is indicated;
consent or disagreement to undergo the IVC is noted;
the document is certified by the signature of the person leaving, the position and military rank are duplicated.

The date the report was issued is indicated at the bottom of the document.

Samples and forms:

In most cases, there is no need to write a report, since the contract with the employee automatically terminates upon expiration.

However, its registration will be required if the employee previously expressed a desire to extend a fixed-term contract, but then changed his mind. The text should include a request to leave the submitted report without consideration (consider it invalid). Sample letter of resignation upon expiration of the contract.

According to length of service with the right to receive a pension

The basis for dismissal based on length of service with the right to receive a pension is clause 4, part 2, art. 82 of the Law, and the features of accrual of length of service are regulated by Art. 38 of the Law.

An employee acquires the corresponding right upon reaching the age of 45 with at least 20 years of experience in the Ministry of Internal Affairs.

The header of the report is filled out according to the general form , as in the case of voluntary dismissal, indicating the name of the body and structural unit, the names and military ranks of the chief and employee. Indicating the name of the document “Report” in the middle, the body lists:

link to clause 4, part 2, art. 82 Federal Law No. 342 as a basis for dismissal due to length of service with the right to receive a pension;
a request for dismissal on appropriate grounds;
consent or disagreement to undergo a military medical commission, for example, “I ask you to send me in the prescribed manner to undergo the regional military medical examination”;
link to clause 8 of Art. 89 of the Law, reflecting the requirement to issue a work book and make a final payment on the day of dismissal;
the number of unused vacation days over the past year or an indication of their absence, for example, “the main, additional and vacation for an irregular work day for 2021 was used in full.”

It is not necessary to make a list of the requested documents, since they will be provided in accordance with the requirements of the labor legislation of the Russian Federation.

The report can be concluded with a phrase about the absence of claims against the unit. The document is dated and certified by the employee’s signature.

Samples and forms:

The report is drawn up in any form, so any deviations from the presented sample are allowed. It is permissible not to refer to laws and give written consent to undergo an IHC, but simply express a request for dismissal in one sentence, as in a regular resignation letter .

Dismissal from the Ministry of Internal Affairs

The procedure for dismissal from law enforcement agencies is complex and has many nuances. To begin the procedure, you will need to have a basis, as well as prepare the relevant documents. Depending on the type of dismissal, payments are provided that are paid without fail. The entire procedure is strictly regulated by federal law.

The main part of labor relations is regulated by the Labor Code of the Russian Federation, but for the police there is an exception in the form of the specifics of the work. This was the reason for the creation of separate regulations. Among them:

Federal Law No. 3-FZ “On the Police”; Federal Law No. 342-FZ “On service in the Department of Internal Affairs”; A number of Decrees of the President of the Russian Federation, as well as Decrees of the Government of the Russian Federation; other regulatory specialized base.

The main points in the provisions of legislative acts are similar to the usual norms under the Labor Code of the Russian Federation, but the exception is specific points. In general, labor relations have the same structure, that is, the severance of labor relations can be completed at the initiative of any party, but the existence of grounds will be required.

Grounds for termination of a contract (employment contract):

own initiative, as well as before the end of the contract and in the absence of an extension; reaching a certain age threshold; the validity period has expired and the person no longer wishes to perform the duties prescribed by the position; the terms of the contract were violated, which allows it to be terminated; committing actions that discredit the status of a police officer; expulsion from a higher educational institution located within the structure of the Ministry of Internal Affairs; loss of Russian citizenship or the appearance of dual citizenship without notifying senior management; presence of disease (with confirmation of VVC); certification has not been completed.

There may also be other options that are provided for in Federal Law No. 3-FZ “On the Police”.

Federal Law No. 342-FZ “On Service in the Department of Internal Affairs” is one of the most important acts regulating the procedure for service and dismissal. According to Article 80 of this law, the basis for termination of labor activity is the departure or death of an employee of the organs. Article 81 states that termination of activities is carried out by terminating the contract.

Article 82 states that a contract may be terminated on grounds of termination if the employee has reached the maximum age limit or length of service. It is also possible to terminate employment by agreement of the parties or on the initiative of the employee. The same article includes a clause stating that it is possible to terminate an employment relationship due to changes in the rules of the contract or violation of these clauses.

This point may not be taken into account if:

care occurs due to health conditions; there is an ITU conclusion that the employee has a disabled relative who needs constant care; raising a child alone and caring for a child.

In the standard version, the termination of an employment relationship occurs within a month, but if the contract is not terminated within the established time frame, then it is valid taking into account all previous conditions.

The initiator can be any party to the process. There are three initiative options:

personal, with care on a general basis; initiative of the manager in the presence of violations and inconsistencies with the position; independent nature of dismissal.

General reasons include the following factors:

reaching retirement age; the contract has ended; family-type circumstances arose, including child care, pregnancy, caring for a relative, as well as a number of other reasons, including the husband or wife moving to another area for work or medical reasons.

Management initiative may occur when an employee violates the law or his job descriptions, or when he fails to fulfill his direct duties. Any violation means an internal investigation, based on the results of which various disciplinary measures are applied, including termination of employment relations.

The employer's initiative also includes unsuccessful certification, which does not allow continued service in the authorities.

List of independent reasons:

reduction of staff or numbers, as well as reorganization of a structural unit subordinate to the Ministry of Internal Affairs; a medical conclusion from the Military Military Commission that the employee cannot continue to serve in the same place for health reasons; death of an employee.

The procedure may require one of the documents, including a care report, the conclusion of the inspection commission or certification results, or a medical report from the IHC.

Each reason has its own procedure that both the manager and the employee will need to follow.

How to submit to a police officer?

The procedure for dismissal from the police department or police is regulated by Art. 89 of the Law. The report must be submitted to the head of the territorial executive body of the Department of Internal Affairs or a structural unit or his deputy, i.e., the head of the police or the Department of Internal Affairs (Part 1 of Article 89 of the Law). Further:

A notice of dismissal is drawn up in the name of the employee, indicating information about the length of service, health status and social guarantees due.
The accounting department of the executive authority issues a dismissal order in the T-8 form.
On the last day of work, the employee hands over his official paraphernalia: badge, ID, weapon.
The employee’s work book and other documents are returned in accordance with the Labor Code of the Russian Federation.
The employee receives the final payment.

Form:

Within 1 month from the date of filing the report, the employee has the right to withdraw it (Part 2 of Article 84 of the Law). To do this, you must submit a written request.

The employee's personal data is deleted from the employee register.

Benefit for the birth of a child in 2021 (one-time benefit for the birth of a child)

Regardless of the birth date of a woman’s baby, she is entitled to a one-time benefit in a fixed amount, which is indexed annually on February 1 (Article 4.2, Article 12 of the Federal Law of May 19, 1995 N 81-FZ, paragraph 6 Article 1, Article 4.2 of the Federal Law of April 6, 2015 N 68-FZ).

Articles on the topic (click to view)

What to do and where to go if you are not paid upon dismissal
What to do if you are laid off at work
What to do if the employer does not want to fire at his own request
What to do if the date of the dismissal order is later than the date of dismissal
What to do if the employer does not give the work book after dismissal
What to do if you didn’t work officially, you were fired, you didn’t get paid
What is the employer obliged to give the employee on the day of dismissal?

Submission deadline

Some sources indicate that a resignation report must be submitted 2 weeks before resignation. However, in relation to police officers and police officers, other conditions for termination of the contract are provided than those prescribed by the Labor Code of the Russian Federation.

Based on Part 1 of Art. 84 of the Law, the employee is required to submit a report no later than 1 month before the expected date of dismissal . This period is included in the period of compulsory service.

The contract can be terminated before the expiration of 1 month if this is established by agreement with the management of the unit. Special working conditions may be established in the same manner. An employee may also be released from work if there are good reasons.

Did you know that if you are dismissed from the Ministry of Internal Affairs for negative reasons, you will not be able to return to service? Reinstatement is only possible if you quit voluntarily.

An employee has the right to resign by filing a report addressed to the head of the department in any form. The document must be submitted to management before the expiration of 1 month before the expected date of dismissal. Subsequently, the employee transfers official paraphernalia, receives documents and the final payment.

When can't you leave?

According to Article 35 of the Federal Law “On Service in the Department of Internal Affairs” there is a list of reasons that do not allow an employee of the Ministry of Internal Affairs to resign of his own free will :

martial law or a state of emergency has been declared;
an armed conflict has arisen or counter-terrorism operations are being carried out;
liquidation of emergency consequences is carried out.

On our website there are other useful publications not only on the topic of voluntary dismissal of police officers, but also of ordinary civilians. From them you will learn:

How to correctly formulate the reasons for dismissal and what to do if the employer refuses to sign the application?
Is it always possible to withdraw an application and what to do if at work you are forced to leave of your own free will?

Compensation and cash payments

Upon dismissal from the Ministry of Internal Affairs, a subordinate receives:

the amount of allowance, which is calculated on the day of dismissal;
various compensation payments for leave that was never used by the person;
one-time benefit.

Rules

The rules for dismissal from the police are prescribed not only in these legislative documents. The fact is that they contain many references to certain papers that allow you to more fully consider the options that arise as a result of certain situations during dismissal.

As a result, the legislation has a clear understanding of the rules that allow regulating the process at any stage.

Procedure

If a citizen wishes to leave the service of the Ministry of Internal Affairs (this could be the police or other internal affairs bodies - the legislative framework is the same for all), instead of the standard resignation letter for all organizations, he must submit a report indicating the reason for dismissal from service.

Further, the entire procedure is carried out by authorized persons - starting from the issuance of a presentation by an employee of the personnel service, ending with the exclusion of the employee from the register of the internal affairs department. A citizen resigns after an order signed by his immediate superior.

We will discuss the dismissal procedure in detail in the paragraph below.

If public money was spent on studying at a university, subject to service in the Ministry of Internal Affairs, then upon termination of the contract the citizen is obliged to reimburse the expenses in full. An employee does not need to pay money for education if:

for medical reasons, his relative cannot live in the area where the employee is serving, and there is no possibility of transfer to another place;
one of the relatives needs constant care for health reasons, he has retired or is disabled of group I or II, and no one else can care for him;
a citizen has a child under 18 years of age who is growing up without a mother or father;
According to the conclusion of the military medical commission, the employee cannot serve in the future due to health reasons.

If a report was submitted, but for some reason the contract was not terminated and the employee has no objections, then his service continues under the same conditions. No one has the right to put pressure on him and force him to leave the service.

Child care allowance

Documents for receiving this benefit must be submitted to the place of work (for working citizens) and to the local branch of the Social Security Administration for non-working people. Required documents:

application for parental leave and benefits;
birth (adoption) certificate of the child being cared for (and a copy);
birth (adoption, death) certificate of the previous child (children) and its copy;
a certificate from the second parent’s place of work (study), stating that she (he) does not receive this benefit, and bank account details where to transfer the money.

application for benefits;
child's birth certificate (and copy);
work book with a record of dismissal due to the liquidation of the organization during pregnancy, parental leave until the child reaches the age of 1.5 years;
a copy of the order granting parental leave until the child reaches 1.5 years (for those dismissed during the period of child care leave up to 1.5 years);
a certificate of average earnings, which will help calculate the amount of benefits;
a certificate from the employment service about non-receipt of unemployment benefits;

a certificate from the place of work (study) of the second parent stating that he (she) does not receive this benefit, or a copy of the work record book (diploma, military ID) for a non-working person;

bank account details where to transfer money.

Arbitrage practice

It should be noted that all procedures must strictly comply with legal acts. Any irregularities in the dismissal process may result in litigation. It may arise if the dismissal was initiated by management without proper reasons. In this case, the following may be used to contact the prosecutor's office:

Pressure applied;
Error in determining the date of dismissal;
Failure to complete financial calculations.

See also: Grounds and procedure for dismissal of military personnel

First of all, the decision made by the employee must be voluntary, otherwise the court will restore it by its decision. All points of the dismissal procedure must also be followed, especially familiarization with the date of dismissal against signature. And of course, the employee must receive all the money on time. Violation of all these points can lead to administrative punishment by management, reinstatement of the dismissed person and payment of material and moral damage to him.

Difficulties may arise if management refuses to accept the dismissal report. In this case, the report must be sent by mail, with a delivery notification. This option excludes refusal.

Child benefits

What benefits does a woman in Russia receive when giving birth to a child? Their general list at the federal level is established by Law No. 81-FZ of May 19, 1995 “On state benefits for citizens with children.” Other laws regulate additional social support measures, including maternity capital (law dated December 29, 2006 No. 256-FZ), new payments for 1 and 2 children born starting from January 1, 2021 to families with low incomes (law dated December 28, 2017 year No. 418-FZ).

However, in each specific case, not all of the payments mentioned above will be due to mothers upon the birth of their first, second or third child. General list of benefits that the widest possible range of mothers can claim:

During pregnancy, employed women are paid maternity benefits .
After the birth of a child, you need to contact your employer (or Social Security for the unemployed) for payment of a lump sum benefit upon the birth of a child .
After paying maternity benefits, you must write an application at work for paid leave to care for a child up to 1.5 (3) years. Those who are not working receive a monthly allowance for up to 1.5 years at the district USZN simultaneously with the above-mentioned lump sum allowance.

Maternal capital

First of all, who is eligible to receive the Certificate?

Citizens of the Russian Federation;
Women who gave birth to or adopted a second child since January 1, 2007;
Women who gave birth to or adopted a third child or subsequent children, starting from January 1, 2007, unless they previously exercised the right to additional measures of state support;
Men who are the sole adoptive parents of a second, third child or subsequent children who have not previously exercised the right to additional measures of state support. It is important that the court decision on adoption enter into legal force starting on January 1, 2007.

The Certificate cannot be used for any purpose. The state offers several options :

Improving living conditions . Maternity capital funds can be used for the construction or purchase of housing. Here we can talk about repaying the capital of a housing loan, and about participation in housing construction cooperatives.
Education for one or more children. Maternity capital funds can be used for the education of any child in any educational institution in the Russian Federation.
Increasing the funded part of the mother's pension. Funds can be placed not only in the state, but also in a non-state pension fund.
For the purchase of goods and services for the adaptation and integration of disabled children .
From January 1, 2021, a new direction for possible spending of maternity capital has been introduced - monthly payments from maternity capital for a second child up to 1.5 years old in the amount of the regional subsistence level for families whose average per capita income does not exceed one and a half subsistence minimum. The date of birth of the child for payment is not earlier than January 1, 2021.

Documents for obtaining a Certificate that must be submitted to the branch of the Pension Fund of the Russian Federation:

application for obtaining a certificate for maternity capital (filled out on the spot) and the identity card of the applicant himself (and a copy);
insurance certificate of compulsory pension insurance (and copy) of the applicant (SNILS);
documentation that confirms the Russian citizenship of the parents;
birth certificate or court decision on the adoption of children (and a copy).

Question answer

Is the voluntary departure of a prisoner from the Russian Ministry of Internal Affairs upon entering service considered a violation of contract? Do I need to make any payments?

You can terminate the contract at will without any financial consequences. There will be no violations.

When I was dismissed from the Ministry of Internal Affairs of the Russian Federation due to length of service, they did not pay me the 15 salaries due and compensation for the uniform. What to do in such a situation?

You must be paid on the last day of service. First, send a complaint to the prosecutor's office. If after checking this fact the problem is not resolved, I recommend going to court.