What is required when dismissing a serviceman at the end of his contract?

The procedure for determining the amount and type of payments at the end of a contract to a military personnel, upon his voluntary dismissal or retirement, is determined by federal legislation. Regulatory acts include the Law “On Military Duty” No. 53-FZ, adopted in 1998, and the Law “On Monetary Allowances for Military Personnel” No. 306-FZ, published in 2011. According to Art. 11 of the Labor Code of the Russian Federation, the norms of general civil labor legislation do not apply to military personnel.

Payments upon dismissal from the army for organizational purposes

Military personnel who terminate a contract with the RF Armed Forces due to organizational and staffing measures also have the right to receive a one-time cash payment.

This procedure is most often found in women's military units when they go on maternity leave. The amount of compensation also depends on length of service and varies from 10 to 20 salaries.

Thus, military personnel who ceased their official activities due to the end of their contract are entitled to receive financial payments. The size depends entirely on the length of service.

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

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Compensation in case of being declared unfit for service

The Law “On the Status of Military Personnel” No. 76-FZ, adopted in 1998, states that in the event of a deterioration in health, a private or officer is obliged to undergo a medical examination. A medical report confirming poor health becomes the basis for receiving a lump sum payment.

During the period when a soldier undergoes a medical examination, commanders do not have the authority to dismiss him. Removal from service occurs only on the basis of a medical opinion.

The amount of compensation is determined depending on the person’s length of service as a military serviceman:

• 5 salaries – if the period of performance of duties did not exceed 10 years;
• 10 salaries – with 10-15 years of experience;
• 15 salaries – when carrying out activities for 15-20 years;
• 20 salaries – if the period of service was more than 20 years.

Also, if an ordinary soldier or officer responsibly fulfilled his official duty, he is entitled to payments that compensate for the costs of treatment.

If a serviceman receives significant injuries, he is entitled to the following types of state support:

• receiving 2 million rubles if the service was carried out on a contract basis;
• receiving 1 million rubles if the activity was carried out by a citizen upon conscription;
• if a person is assigned disability group 3, he is entitled to monthly compensation in the amount of 2.8 thousand rubles;
• if a serviceman is recognized as a group 2 disabled person, he is paid 7 thousand rubles every month;
• If a citizen is recognized as a disabled person of group 1, the monthly benefit is 14 thousand rubles.

If a military man, recognized by doctors as unfit for duty, retires due to length of service or old age, then he is additionally assigned social benefits. He also has the right to receive a discount when using public transport and to be examined by doctors in hospitals without waiting in line.

What is required for a serviceman upon dismissal at the end of the contract?

who committed violations in financial, economic and business activities in the month for which the bonus was paid, which resulted in damage to the Armed Forces and were reflected in audit reports (checks of individual issues) of financial, economic and business activities.

When paying benefits to discharged military personnel, including military personnel assigned to non-military positions, salaries for the last full-time military position (official salaries) received by military personnel on the day of dismissal from military service and salaries according to military rank are taken into account.

Right to benefits

Not all military personnel discharged from service have reached retirement age. receive benefits. Preferences are given only to those pensioners whose total length of service is at least 20 years. These are standard preferences. But there are expanded benefits for military pensioners in 2021, which are:

• veterans of military service (with more than 25 years of service and awards);
• liquidators of the accident at the Chernobyl nuclear power plant and participants in the work on the Shelter facility in 1988-1990;
• participants in hostilities;
• disabled people who have been injured or sick in the service.

The set of preferences provided to all pensioners is different, as is the amount of social benefits they are entitled to. For example, there are veterans of service in the Armed Forces of the Russian Federation who have more benefits.

Dismissal from military service: retraining and payments at the end of the contract

Another salary is due to persons who have honorary titles and state awards. For conscientious attitude, contract workers are entitled to a bonus of three salaries. In case of violation of the rights of a military man, a citizen has the right to challenge such a decision within three months and receive all due compensation.

1. Collection of information and data about a citizen’s service, including confirmation of all periods of service and information about length of service. This information must be provided to the resigning person.
2. Conducting a conversation with the contractor, the main points of which are documented. All participants in the conversation put a personal signature on the document upon completion of the conversation. The document is attached to the personal file.

Types of cash benefits

In order to assist persons who served for the good of the Motherland and were dismissed at their own request, the state legislated a system of insurance and one-time benefits. Such payments provide assistance to the military. Such benefits are most important for persons who left military service for health reasons. If a military man is injured or disabled while performing his direct official duties, the state provides such person with a one-time and monthly payment of compensation.

After submitting all necessary documents to the competent authorities, payments are accrued within ten days.

Attention! The deadlines have the right to be extended up to 90 days in individual cases when ten days are not enough to study and verify all available documents.

As a rule, payments are credited within 10 days

What payments are due to a military personnel upon dismissal?

Financial assistance is an annual payment, the amount of which is one salary of the monthly salary of an officer (or warrant officer). When a serviceman's contract is terminated, the order to exclude him from the unit indicates the amount and month of payment of financial assistance.

If this remuneration was not received by the military personnel in the year of dismissal, then this should be stated in the order.

The calculation of the amount to be paid is carried out on the basis of the salary for the position provided for by the state that the serviceman held at the time the dismissal order was issued, as well as the salary in accordance with the rank assigned to him. If, after dismissal, an officer (or warrant officer) expresses a desire to re-enter service, then upon subsequent termination of the contract, the lump sum benefit will be calculated based on the total length of military service, which must be calculated on the day of his last dismissal.

Performance Award

Military personnel are paid monthly as an incentive bonus for conscientious service. The amount of such payment is set individually, no more than three monthly salaries.

The size of the payment may vary downward, taking into account:

• how efficiently and effectively were job responsibilities performed during this period;
• what are the results in terms of job, combat, and physical training;
• whether there were penalties for disciplinary offenses committed;
• the presence or absence of violations that resulted in damage to the armed forces.

Bonuses are included in the total amount of payment upon dismissal of military personnel. If a contract soldier quits without completing a full calendar month, he is awarded incentive payments in proportion to the time he actually performed military duties.

Basic concepts, legislation

There is conscription (forced) and contract service. The timing of the first is clearly regulated by law. This is the responsibility of citizens, so it does not provide almost any privileges (except for disability payments if this happened in the service and the like).

Basic laws on this issue: Federal Law No. 53 “On Military Duty...”, Federal Law No. 76 “On the Status of a Military Personnel” (Article 23), “Regulation on the Procedure for Passing...” No. 1237, Federal Law No. 306 “On Monetary Allowance...” , Orders No. 2700 “On the Procedure for Providing ...” and No. 100 “On the Organization ...” (Articles 22, 23, 25).

What it is

The dismissal of a serviceman at the end of the contract is the termination of his duties to perform the functions provided for in the agreement. It consists of a number of activities (payment of benefits, activation of benefits).

You can break off a relationship before you retire. But the majority have as their goal to resign so that they can immediately receive a military pension - only in this case they use the largest amount of benefits due to them.

Military personnel are transferred to the reserve or retire (reaching the age limit, that is, a pension, or being declared unfit).

Regulatory provision "On monetary allowances for military personnel"

In accordance with the legislation of the Russian Federation, the payment of benefits to military personnel upon leaving service is summarized by separate laws and orders that do not apply to the civilian population of the country. The law does not establish accrual depending on a number of reasons for dismissal. By characterizing the main components of the regulations, one can draw a logical line, the meaning of which is that a monetary payment can be received by a serviceman who retired from the army by special order or of his own free will.

Attention! If a serviceman had difficulties with the law or with the command, then, as a rule, a refusal to accrue benefits follows.

A one-time payment is a cash benefit that is accrued one-time and is regulated by the legislative framework of Russia. Dismissal of a serviceman upon reaching the age limit does not always imply length of service (a serviceman, in order to retire on the basis of length of service, must have at least twenty years of service). In this regard, the size of all payments is clearly limited by law.

Excerpt from Article 3 of Federal Law No. 306

After dismissal upon reaching retirement age, a serviceman has the right to claim a cash payment in the amount of allowances. If the serviceman’s length of service has not reached 20 years, payment is only due in the amount of two salaries. In the case of twenty or more years of service, one-time monetary compensation is seven times the salary.

In the form of additional components to increase the amount of compensation, the presence of state awards that the serviceman was awarded while serving in the USSR or the Russian Federation is also taken into account. The amount of compensation in this case will be increased by one salary.

Attention! A soldier in conscript service upon transfer to the reserve has the right to claim compensation in the amount of two salaries according to the staffing table.

When calculating payments, the presence of state awards is taken into account

It is important to remember that cash benefits will be denied if:

• the reason for dismissal was a court decision;
• The reason for dismissal was imprisonment.

In the case when a citizen of the Russian Federation remains an orphan, monetary compensation is five salaries according to the staffing table.

Grounds, procedure and benefits for dismissal of a military personnel at the end of the contract

• actions that give rise to loss of trust;
• non-compliance with the terms of the contract;
• violation of restrictions on engaging in certain activities (the list is in Federal Law No. 53);
• a sentence of imprisonment or probation for an intentional crime or negligence, as well as a ban by the court from holding certain military positions;
• expulsion from military educational organizations;
• termination of citizenship or acquisition of citizenship of a foreign state;
• gross disciplinary violation (list in clause 2 of article 28.5 of Federal Law No. 76). This may be considered a gross misconduct;
• a severe or ordinary reprimand if there has already been at least one disciplinary punishment;
• due to deprivation of military rank.

• the report is studied by management (submitted 1 month before dismissal);
• measures are taken to verify the reasons specified in the document: certification measures and a medical examination may be prescribed;
• if the decision is positive, the applicant is excluded from the personnel lists;
• the contract soldier receives a work permit;
• at the same time they carry out settlements with him on all issues of monetary allowance;
• draw up the necessary documents and submit them to the military commissariat at the place of registration;
• receiving the order and signing it;
• obtaining a work book;
• may request a 2-NDFL certificate to calculate pension payments.

This is important to know: Free consultation with a military lawyer

Whom does the state deprive of monetary compensation?

We will consider on an individual basis the situation of deprivation of the right to claim a one-time benefit payment in connection with the existing group of persons with restrictions.

1. Military personnel who have been stripped of their military rank.
2. Military personnel who received a suspended or real sentence by court decision for a crime committed.
3. Military personnel deprived of the opportunity by court decision to hold a military position.
4. Military personnel transferred to executive bodies: Ministry of Internal Affairs, FSB, Ministry of Emergency Situations, FSIN, OBNON, FAPSI.
5. The serviceman violated one of the conditions in the contract.
6. The serviceman violated the organization's charter.
7. The serviceman committed violations of the law, a violation of professional competence.

In some cases, a one-time payment upon dismissal is deprived

Attention! If a citizen does not have the opportunity to live in an area suitable for him, the command has the right to transfer him to another duty station. In exceptional cases, voluntary dismissal does not oblige his removal from military service. For example, if a serviceman was officially captured by the enemy.

Early dismissal of a contract employee

Separately, in Federal Law No. 53, Part 2, Art. 51 provides grounds for the dismissal of contract employees from their positions.

Some of them are the same as those listed above, so in order not to repeat ourselves, we list those not described above:

• transfer to internal affairs agencies, the National Guard, fire departments, penal authorities or customs;
• refusal or deprivation of access to state secrets;
• failure to pass the test;
• in connection with violation of special requirements while working in the FSB, state security;
• transfer to a state federal job;
• failure to undergo examinations for the presence of psychotropic or narcotic substances, their metabolites in the body, as well as committing an administrative violation related to them or other potentially dangerous psychoactive substances, unless prescribed by a doctor.

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Reasons such as family circumstances and loss of trust

Let's decipher these reasons in more detail with a table:

Are there any allowances for this category?

The law does not provide for any separate pension supplements specifically for working military pensioners. However, Art. 17 of Law No. 4468-1 nevertheless establishes a number of allowances that are equally applicable to former employees of the Armed Forces of Russia and the USSR, as well as categories of citizens equated to them.

Such allowances, calculated as a percentage of the calculated amount equal to the old-age social pension, include:

• 100% for disabled people of group 1 who have reached 80 years of age;
• 32% for non-working pensioners with 1 dependent;
• 64% if there are 2 dependents;
• 100% if there are at least 3 dependents;
• 64% in relation to certain categories of participants in the Great Patriotic War.

Obviously, for working pensioners, only the bonus indicated first is applicable. In addition, Art. 16 of the designated regulatory document provides for additional payments to the military disability pension.

The procedure for dismissal of military personnel at the end of the contract

The serviceman continues to serve until he is removed from the lists. A military employee cannot leave his job, even if the end date of legal relations with the employer has arrived. Unauthorized absence will be regarded as leaving the place of duty with subsequent disciplinary action.

1. Collect all data on service, request documentary evidence of all periods of service in the armed forces, and calculate length of service. Communicate the result obtained to the person being dismissed, find out whether there will be any objections regarding the calculated periods of service, and make a decision if justified objections are received.
2. The commander conducts a conversation, the main points of which are reflected on the conversation sheet. The parties participating in this event sign the sheet. He joins his personal file.

What is a serviceman entitled to upon dismissal at the end of his contract?

As a general rule, the deadline for the end of military service of a soldier serving under a contract, that is, the day the contract expires and the day of exclusion from the lists of personnel of a military unit, must coincide. For these purposes, the Regulation obliges the commander to make a decision on concluding a new contract for military service or refusing to conclude it no later than three months before the expiration of the current contract (clause

6 tbsp. 34 of the Federal Law “On Military Duty and Military Service”, paragraph.

8 tbsp. 9 Regulations).

The law establishes a three-month period for the command to fulfill the obligations of carrying out all necessary activities with the military personnel (conducting interviews, calculating length of service, passing the military military examination, etc.) in order to fulfill the requirements of the Law on the timely removal of a discharged serviceman from the lists of personnel of a military unit on the very day

​ According to the Federal Law of the Russian Federation dated November 7, 2011 N 306-FZ “On monetary allowances for military personnel and the provision of individual payments to them” and Order of the Ministry of Defense of the Russian Federation No. 2700 dated December 30, 2011

“On approval of the Procedure for providing monetary allowances”: Upon dismissal from military service, military personnel who served under a contract are paid a one-time allowance (hereinafter in this section - the allowance) in the following amounts: - with a total duration of military service of less than 20 years - two cash salaries content

Material aid

Every year, citizens who enter the service under a contract have the right to receive financial assistance equivalent to the amount of their salary. Even if the military man did not apply to receive it, in December this amount will be credited along with the monthly allowance based on the order issued by the commander of the military unit.

The amount received is not withheld if a decision is made to leave the army.

If at the time of dismissal the serviceman did not receive financial assistance, he has the right to submit a report.

When transferring a serviceman who has entered into a contract for further service in other executive federal authorities, financial assistance is paid in full.

The procedure for dismissal from the RF Armed Forces

Expert opinion

Grigoriev Pavel Kirillovich

Head of the department for conscription of citizens for military service of the Russian Federation

Federal Law No. 53 of March 28, 1998 provides for the procedure for dismissal from military service at the end of the contract, the reasons for this are specified in Article 51:

• reaching the service age limit;
• expiration of the contract;
• recognition as limitedly fit for military service or unfit for this;
• deprivation of military rank;
• loss of trust;
• deprivation of liberty or the right to occupy certain positions on the basis of a court decision;
• election to legislative bodies as a deputy;
• termination of Russian citizenship.

The law does not allow foreigners to serve in the RF Armed Forces. However, dual citizenship is not considered grounds for dismissal. But its presence may prevent the continuation of work in individual military units.

It is possible to dismiss a serviceman early, based on the provisions of Article 51 of Federal Law No. 53. There is a list of reasons why the contract may be terminated.

The process of dismissal from service is quite simple; in short, it boils down to the following:

• writing a report;
• collection of necessary documents by the unit commander or other responsible employee;
• conducting an interview with a candidate for dismissal;
• provision of documents confirming the exclusion from the personnel of a specific military unit.

Dismissal is not always associated with termination of military service. Sometimes it is impossible to transfer a citizen from one unit to another. For example, if it belongs to a different branch of the military. Thus, you must first dismiss, and then submit documents to the military registration and enlistment office to sign a new contract.

To do this, you will need a passport and military ID. A reference from a previous place of service can speed up the process of signing a new contract.

Unit command actions

It is necessary to provide procedural rules for the dismissal of a military personnel at the end of the contract. If everything is not done properly, the decision can be appealed in court. Then the serviceman must be reinstated and paid the money due under the contract.

1. collect data on service, calculate length of service and familiarize the serviceman with the data to clarify whether there will be any objections. It is worth paying close attention to the calculation of length of service, since service in some troops is considered 1:1.5 or 1:2. More on this below;
2. conduct a conversation with the serviceman and write down its main points. The data is signed by both parties.

If the unit commander wants to extend the contract, he must notify of his decision three months before the expiration of the current one. Dismissal of a female military personnel is not permitted during pregnancy or while on maternity leave. The contract is automatically extended for the period of incapacity until the child is 1.5 years old.

When serving in the Navy and strategic forces, 1 day goes by 1.5, but only while on combat duty. While in hot spots, military experience is counted double. That is, one day counts as two.

Actions of a serviceman

A serviceman who is about to resign must perform several actions:

1. write a resignation letter addressed to the unit commander;
2. obtain documents confirming exclusion from the workforce.

Reimbursement of monetary compensation

The legislation clearly defines not only the responsibilities of military personnel, but also their rights, which enable military personnel to enjoy benefits and allowances. Such benefits include financial assistance to retired soldiers and officers, with the help of which it is possible to improve their well-being.

Due to health conditions

While on duty, there is a high probability of receiving injuries, bruises, and sometimes disability. Such damage to health does not allow the serviceman to continue serving and perform his direct duties. In such cases, a monetary payment is provided in the amount of:

• for a military contractor – two million rubles;
• conscripted military personnel - one million rubles.

Attention! In case of violation of the deadlines for payment of compensation on the basis of an application submitted by a citizen to the prosecutor's office, benefits are accrued in full, and the perpetrators are severely punished.

If payments are not made, the citizen has the right to contact the prosecutor's office

According to the maximum permissible age

Starting from 2021, for all retired citizens, the amount of pension benefits is calculated depending on rank and length of service. The age category for retirement also depends entirely on rank and length of service.

The age limit is interpreted by the Federal legislative framework. The rank of a soldier plays a big role.

1. Admirals and above - up to 65 years of age.
2. Lieutenant General, Rear Admiral - 60 years old.
3. Colonels and lower ranks – up to 55 years of age.
4. Women - up to 45 years old.

There is a service age limit

When familiarizing yourself with the legislation on payments to military personnel, do not forget that benefits can be one-time, or monthly. Funds are accrued in the general manner. The unit command issues an order, on the basis of which the accounting department allocates funds. Cash payments are accrued on the day the serviceman retires.

End of contract

If a serviceman is dismissed due to the expiration of the contract, the employee does not need to write a dismissal report. The contract expiration date provides for automatic dismissal.

Attention! If a serviceman has less than 20 years of service, he will be paid two salaries, and if he has more than 20 years of service, he will be paid seven salaries.

Dismissal at your own request

All contract soldiers have the right to resign at their own request - such a right is provided for by the legislation of the Russian Federation, but the serviceman must have special reasons for this. Regulations do not outline specific reasons for dismissal, and therefore dismissal of this nature is a rather rare procedure.

To resign voluntarily, a military man must have serious reasons

If such a statement is written and the command approves it, the payment of benefits is accrued in the standard mode and in full.

By the way ! The award for conscientious service was approved and regulated by Resolution No. 993 of December 5, 2011.

Sample report writing

The report is drawn up in free form, but sometimes management provides forms.

The document should contain the following:

• Full name and rank of unit commander;
• Full name and rank of the serviceman;
• request to be excluded from the workforce at your own request;
• date and signature.

Only after signing the report and providing a complete package of documents is the serviceman considered dismissed. He cannot leave the place of duty after the end of the contract if he does not have the appropriate permission in his hands.

Insurance payments

Any citizen of the Russian Federation who has joined the army is automatically subject to compulsory insurance. The insurance contract comes into force on the same day when the citizen is hired or assigned the next rank (accordingly, the dates in the contract and the contract coincide). In the event of an insured event occurring while on duty, the insurance company pays the insurance loss to the serviceman or the beneficiary (in the event of the death of the serviceman). According to regulations, there is a certain payment procedure.

If a soldier dies during his service, his relatives receive payments

According to Federal Law No. 52 on compulsory state insurance of life and health of military personnel, insured events occur:

• after the death of a military man;
• after becoming disabled during service and after leaving it at will or due to age for one year;
• after receiving mild or moderate injuries during service;
• after being released from office on the basis of an expert medical commission, which officially declared the citizen unfit to perform his official duties.

Attention! It very often happens that injuries occur due to alcohol or drug intoxication - in such cases, insurance payment is not provided, and the event is not insured.

Article 4 of Federal Law No. 52