Leave for military conscripts and under contract in 2021

Service in the Armed Forces of the Russian Federation is characterized by intense conditions for carrying out special work activities. Soldiers and officers are obliged to be ready to defend the Motherland at any time of the day. Their working hours are not standardized.

However, like other workers, warriors have the right to rest. But the procedure for granting leave to military personnel is established not by the Labor Code of the Russian Federation, but by separate legislation.

Download for viewing and printing:

Federal Law of May 27, 1998 76-FZ On the status of military personnel

Decree of the President of the Russian Federation of September 16, 1999 No. 1237 Issues of military service

Fundamentals of legislation

The registration procedure and logic for assigning vacation time to soldiers are collected in one by-law.
It was approved by Decree of the President of the Russian Federation No. 1237 back in 1999. Title: “Regulations on the procedure for military service.” Section 7 is dedicated to vacations. When developing the Regulations, civil servants of the Ministry of Defense relied on the following laws:

• “On the status of military personnel”;
• Labor Code.

The provision of leave to military personnel under a contract is carried out within the framework of compliance with the norms prescribed in two documents:

• in Law No. 76-FZ of May 27, 1998;
• in Decree of the President of the Russian Federation No. 1237 of September 16, 1999.

The regulation of periods of service and rest is justified by the general requirements of the legislation of the Russian Federation. And certain paragraphs of the Regulations are directly based on articles of the Labor Code of the Russian Federation. In particular, female military personnel are entitled to all the preferences laid down in labor legislation for civilian women.

For information: women holding officer and soldier positions receive in general order:

• prenatal and postnatal leave (based on a certificate of incapacity for work);

• for caring for a child up to one and a half (three) years old.

Choose an alternative service

Traditional military conscription service is permitted by the Federal Law “On Alternative Civil Service” of July 25, 2002 N 113-FZ to be replaced by alternative civilian service. A conscript has the right to apply for it in two cases:

1. If serving in the army contradicts his religious views or personal beliefs, that is, for some reason he does not want to deal with weapons and military structures and can convincingly explain this to the draft commission.
2. If he belongs to an indigenous people of the Russian Federation and leads a traditional way of life for such a community.

Alternative service is, in fact, ordinary work in government agencies or in the same military structures, but in civilian positions. For example, a conscript may be assigned as a hospital orderly, an assistant teacher, or a loader. The exact list is approved by the Ministry of Labor on the approval of lists of types of work, professions, positions in which citizens undergoing alternative civil service can be employed, and organizations that provide alternative civil service for available professions. When applying for a job, the education and skills of the conscript may be taken into account, but not necessarily.

Alternative service lasts not 12 months, but 21. At the same time, the conscript will most likely be left to serve in his native region, so as not to be provided with housing.

What types of leave are entitled to military personnel?

Military personnel are entitled to several types of paid absence from their unit. Each has its own subtleties and nuances. Contract workers are entitled to preferential rest days in certain situations.

Types of leave with explanations are given in the table below:

Attention: if a situation arises that is not dealt with within the framework of Law 76, the personnel department of the unit is guided by the rules of labor legislation (civil).

For health

Leave for health reasons is granted to military personnel with serious illnesses undergoing treatment in a hospital setting. It should not exceed 4 months. The decision to grant such leave is made by a special medical commission. In case of emergency, the 4-month period can be extended.

A serviceman's leave for health reasons is not included in the main part and constitutes a separate period. Does not affect annual vacation calculations.

Contract workers rarely resort to leaving service on such grounds. Because at the end of treatment, management, immediate superiors or doctors may raise questions about professional suitability. There is a real risk of losing your place.

Vacation registration procedure

The preparation of documents for temporary absence from the place of duty occurs in a strictly established manner:

• the applicant submits a corresponding report to the immediate commander;
• the document goes through an approval procedure: the commander issues the visa;
• then permission is given by the officer whose duties include the management of personnel;

The report on the provision of vacation days also has its own nuances. In addition to the basic data, it contains the following information (different from the application for leave of civil servants):

• request: petition management for the allocation of vacation days;
• pay for travel;

Hint: in an appeal addressed to the boss, you need to indicate the legal norms regulating the right to certain qualifying periods.
The departure of a vacationer from a unit is also associated with the completion of certain formalities:

• on the basis of the order, the serviceman receives leave documents allowing him to leave his place of permanent deployment;
• on the date of departure, he is required to check in at the checkpoint.

For information: a separate prosecutor's office controls the location of officers and soldiers. Its employees check the documentation of vacationers in any city of residence.

Contract workers

Officers serving under contract act strictly in accordance with the methodology of the Regulations, approved. By Decree of the President of the Russian Federation of September 16, 1999 No. 1237 (Article 29). To receive grace time you need:

• submit a report;
• wait for approvals and issuance of the order.

Hint: in practice, as in civilian industries, military personnel are helped to draw up a request by a personnel officer working in the unit.
This person maintains personal affairs and has relevant information. The rules for registering vacation periods are as follows:

1. It is allowed to divide into parts in agreement with management. One of them cannot be less than 15 days ;
2. In the first and last years of service, the duration of legitimate absence from the unit may be less than established: the calculation is carried out in proportion to the length of service;
3. rounding is done upward (not 8.5 days, but 9).

Conscript soldier

Conscript soldiers received reduced rest rights. This is natural due to the short duration of service. They can officially rest:

• due to illness (you must submit a report and attach a certificate of incapacity to work);
• by special order of the authorities.

The procedure for registering time away from a unit does not differ from that already described. Additional vacation days are provided to a soldier for special reasons:

• due to a serious illness of a close relative;
• for the funeral of a parent and others.

Attention: conscripts are not entitled to study and vacation periods of absence from the unit. To obtain an education, young people receive a deferment from conscription.

For cadets of military institutions

A special type of rest is provided for in Article 30 of the Regulations, approved. By Decree of the President of the Russian Federation of September 16, 1999 No. 1237. It is provided to cadets of military schools . The amount of vacation time off depends on the time of year:

• in summer 30 days;
• in winter - 15.

Important: travel time to and from your vacation spot is not taken into account separately.
Registration of vacations at the school occurs in the described order. The cadet must submit a report to the head of the educational institution. Based on the latter’s resolution, an order is issued and funding is allocated.

Other standards are provided for military personnel undergoing correspondence . They are shown in the table:

Hint: the session is rescheduled on an individual basis for military personnel who cannot leave their place of service due to the special importance of the mission being performed.
Officers engaged in scientific activities without interruption from performing their main duties also receive preferential leave periods (Article 31 of the Regulations, approved by Decree of the President of the Russian Federation of September 16, 1999 No. 1237):

• 1 free day per week;
• 2 - in the last year of graduate school;
• 30 days to prepare for the defense of a candidate’s thesis;
• 90 - applicants for the title of Doctor and Candidate of Sciences.

Assignment of the next military rank

The next military rank is assigned to a serviceman upon expiration of the established period of service in the previous military rank, if he occupies a position for which the state provides for a military rank equal to or higher than the assigned one.

For military personnel of the "soldiers and sergeants" composition, the following terms of service in military ranks are established:

• Private – three months;
• Junior sergeant - five months;
• Sergeant – nine months;
• Senior Sergeant - one year;
• Sergeant Major - not installed.

Military personnel with the military rank of “sergeant” or “senior sergeant” may be awarded the next military rank one step higher than that provided for in their regular position as an incentive.

The military rank of "corporal" can be assigned to a private assigned to a position for which the state provides for the military rank of "corporal", as well as by way of encouragement.

Military personnel may be deprived of their military rank by a court verdict or by the President of the Republic of Belarus.

Citizens deprived of a military rank by a court verdict, after the removal or expungement of a criminal record, can be restored to their previous military rank by officials who have the right to assign this military rank, in accordance with the law. Citizens deprived of their military rank by decision of the President of the Republic of Belarus may be restored to their previous military rank by the President of the Republic of Belarus.

Duration of vacation period

The calculation of vacation periods for military personnel is carried out according to special rules. The legislation includes a lot of additional privileges for defenders of the Fatherland. They are listed in the table:

Hint: depending on the conditions of service, the periods are summed up for individual military personnel.

Report

In order to go on leave, civilians write a statement to their superior, and military personnel write a report to the commander. The document must contain comprehensive information presented in a certain order.

• Request for an application for leave (before the higher command), period (from what date, for what period).
• Issuance of a military travel card for the employee and his family members, indicating the type of transport and the exact direction.
• Request for cash payments for sanatorium treatment and financial assistance for the whole family.
• Family composition: personal data (full name, year of birth).
• The exact address of the location during the holiday period.
• Indication of information about the official to whom the duties of a military man serving on leave will be temporarily transferred.
• Date of writing the report, position, military rank, last name, signature.

A sample report for leave of military personnel under a contract is presented below.

Frequency of rest

The law contains a rule that military personnel must rest regularly. They are entitled to basic and additional vacations twice a calendar year. In this case, the personnel department first draws up, and the manager approves, a vacation plan .
The following categories of soldiers are entitled to a preferential choice of the date of departure from the unit for rest:

• combat veterans;
• liquidators of the accident at the Chernobyl nuclear power plant;
• raising: a disabled child (up to 16 years of age);
• a minor under 14 years of age without a second parent;
• three or more minors;

Hint: Husbands of pregnant wives (during childbirth) have priority in choosing a departure date.

Schedule

Responsibility for drawing up the leave schedule and adhering to its implementation lies with the unit commander. This document is drawn up in accordance with standards that also place responsibility on the performers for its implementation.

When drawing up the schedule, legal norms must be taken into account regarding the provision of leave at the request of the military personnel. They concern the following categories of military:

• Veterans of the Great Patriotic War, the so-called “veteran”.
• Veterans DB.
• Military personnel with Chernobyl status.
• If a military man has three children under 16 years of age or one incapacitated child.
• Single army men with children under 14 years old.
• Persons awarded the “Honorary Donor of Russia” badge.

If a husband and wife serve the Fatherland and wish to spend a vacation together, then by law they submit a report about this. Receiving a refusal from management can be appealed in a military court.

The vacation plan can be changed taking into account the need to maintain the combat and mobilization readiness of the HF.

Calculation features

The days due to an officer are calculated according to the following algorithm:

• The duration of each vacation period is determined: the main one;
• additional;

Let's look at the algorithm using an example:

1. Major Ivanov has the right to the following types of rest: basic - 30 days;
2. for length of service - 15;
3. for work at the CS - 15.

Attention: a serviceman’s vacation may be provided in advance.

Reasons for vacation recall

Defenders of the Fatherland can be recalled to their unit at any time. This norm is described in Art. 33 Regulations, approved. By Decree of the President of the Russian Federation of September 16, 1999 No. 1237. The order must have a basis :

• emergency situation;
• mobilization;
• other (established by the Commander-in-Chief - the President of the Russian Federation or the Minister of Defense).

Important: the vacationer is obliged to report to the unit location as soon as possible.
Moreover, if the unused part of the vacation is more than 10 days, then the serviceman is given the right to free travel from the place of vacation to the place of service.

Ways to make an order

If you use unified forms approved by the Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1, then in this case you need to issue two orders:

1. On granting leave in the form T-6 (T-6a).
2. On termination of an employment contract in form T-8 (T-8a).

If you use independently developed forms, then you can draw up one act. But the forms must be approved by order of the manager. An order for leave followed by dismissal (a sample for a suitable case) can be found below.

Dismissal before vacation

Officers are given another preference. It is called presidential , since it is established in part 12 of article 31 of the Regulations, approved. Decree of the President of the Russian Federation No. 1237. Officers and private contract soldiers who have reached 20 years of service (excluding seniority benefits) have the right to another vacation period of 30 days at their request.
Presidential preference is granted based on the officer's report at any time before dismissal.

In addition, according to established rules, military personnel are required to take advantage of all non-vacation periods before leaving for the reserve. The personnel service makes calculations and calculates the salary. The officer is sent off to take all the days off that he did not receive during his service (compensation is not practiced in the army).

Receive cash allowance

The salary of a conscript soldier consists of salary and allowances. Amount Resolution of the Government of the Russian Federation dated July 10, 2021 N 1014 salary - 2,000 rubles, and if we are talking about conscript service in the Russian Guard, the FSB and similar structures - 2,086 rubles.

The additional part depends on the circumstances and is the Appendix to the Decree of the Government of the Russian Federation of July 10, 2021 N 1014 “Amounts of additional payments to military personnel undergoing military service upon conscription”:

• from 10 to 25% of the salary - for work with state secrets (the amount is affected by the level of secrecy of information);
• up to 40% - for commanding a unit;
• up to 50% - for neutralizing explosive objects and extinguishing fires;
• 55% - for military orphans;
• up to 100% - for diving and parachute jumping.

Tax on income from cash allowance is not paid to the Tax Code of the Russian Federation Article 217. Income not subject to taxation (exempt from taxation).