Every employer may be faced with the problem of conscripting an employee into the army. A young man who fits the age category of conscripts and also does not have physical disabilities can receive a summons from the military registration and enlistment office.
The employer has the obligation to correctly formalize the dismissal of this employee and correctly calculate it, according to the procedure established in the Labor Code of the Russian Federation, in particular in Art. 83.
When concluding an employment relationship, the employer must clarify about military service. The military fitness stamp can be found on your draft document or military ID. A young man who is unfit for the army due to his health condition is required to provide a medical certificate.
How to fire an employee due to conscription into the army ?
What the law says
All young people who are registered with the military and are between the ages of 18 and 27 are eligible for compulsory military service (Article 22 of the Federal Law “On Military Duty and Military Service” dated March 28, 1998 No. 53-FZ).
Is the employee’s conscription into military service or his assignment to alternative civilian service grounds for termination of an employment contract?
There are certain circumstances on the basis of which a deferment can be issued for a temporary or permanent period, such as:
- health status;
- presence of children under 3 years of age (two or more);
- presence of dependent parents who are disabled.
Dismissal when leaving for military service is mandatory. Personnel workers should also remember that conscription into the army occurs in the spring and autumn. Therefore, you always need to be prepared for such events.
Regulatory framework governing the dismissal of a military personnel
Article 50
. General provisions for dismissal from military service
- Dismissal from military service of senior officers
is carried out
by the President of the Russian Federation
, and military personnel in military ranks up to colonels, captains of the 1st rank inclusive - in the manner established by the Regulations on the procedure for military service.- Military personnel are discharged from military service into the reserve (with the exception of military personnel specified in subparagraphs "b" - "d" of paragraph 3 of this article
, and male military personnel expelled from military professional educational organizations and military educational organizations of higher education who have not reached the age of 18 years ), and military personnel who, by the time of dismissal from military service, have reached the age limit for being in the reserve or are recognized as unfit for military service for health reasons - retire.(in ed. Federal laws dated 02.10.2006 N 159-FZ, dated 02.07.2013 N 185-FZ
)
(see text in the previous edition)
Military personnel are discharged from military service with military registration
, with the exception of military personnel:
- those dismissed from military service;
- female, expelled from military professional educational organizations and military educational organizations of higher education and who do not have a military specialty;
(in ed. Federal Law of July 2, 2013 N 185-FZ
)
(see text in the previous edition)
- who, upon leaving military service, chose a permanent place of residence outside the Russian Federation;
- in respect of whom a court verdict imposing a sentence of imprisonment has entered into legal force;
- who are foreign citizens.
(clause 3 was introduced by Federal Law dated October 2, 2006 N 159-FZ
)
Grounds and procedure for dismissal
Dismissal due to conscription into the army is mandatory, but the manager does not have the right to ask the employee to write a statement of his own free will, or to terminate the working relationship without the knowledge of the conscript due to a violation of internal regulations. The basis for dismissing a conscript is a summons for military service (it is sent to the place of registration of the young man or to the official work address).
Important! If the manager hides the presence of a subpoena and does not notify the employee, then fines will be imposed on him (Article 21.2, Article 23.11, Part 1 of Article 28.3 of the Code of Administrative Offenses of the Russian Federation).
The summons must contain a specific date for the conscript's appearance. Before this, the employee must undergo a medical examination, and the manager must prepare all the necessary documentation.
In this case, there is no need to draw up an application for resignation; an entry in the employment record must be entered on the basis of clause 1 of Art. 83 Labor Code of the Russian Federation.
All conscripts are required to work for two weeks if the conscription date is set no earlier than 14 days. If the deadline for serving the summons is violated, the employee will be dismissed without work.
Upon receipt of the story, the head of the organization is obliged to perform certain actions:
- checking the correctness of filling out this document;
- checking compliance with notification deadlines;
- confirmation of familiarization with a signature.
After this, the document must be handed over to the employee who is called to serve. He must sign and begin the medical examination.
We prepare documents
IMPORTANT! A sample order for the dismissal of an employee due to conscription for military service from ConsultantPlus is available at the link
The dismissal procedure includes several stages:
- drawing up an order in the T-8 form, it must indicate the reason for termination of the employment relationship, as well as indicate the summons number, draft date and who issued this document;
- making an entry in the order book;
- signing of the order by the conscript after familiarization;
- making payments to an employee;
- filling out the employee’s personal card, in which you need to write the reason and date of dismissal.
For each stage, it is necessary to prepare appropriate documentation for the employee and employer. All documents must be confirmed by the employee’s signatures, after which he will not be able to be reinstated at work after the army, indicating the illegality of the employer’s actions.
The order must be drawn up in the standard T-8 format. In the “Grounds” line, include the reason for leaving the state and a link to the article that relates to this circumstance (clause 1 of Article 83 of the Labor Code of the Russian Federation). A prerequisite for issuing an order is that the employee reads it and signs it.
We fill out the labor
In the work book you need to make a certain entry and indicate:
- date of leaving the company;
- grounds for dismissal and a reference to the law of the Russian Federation, namely paragraph 1 of Art. 83 Labor Code of the Russian Federation;
- number and date of the corresponding order.
The wording of the entry may be as follows: “The employment contract was terminated due to circumstances beyond the control of the parties, in connection with the employee’s conscription for military service, paragraph 1 of part one of Article 83 of the Labor Code of the Russian Federation.”
Next, the signatures of the authorized person and the dismissed employee are affixed.
Attention! If an employee leaves for service under a contract, then in this case the employment contract can be terminated only by agreement of the parties or at his own request. Contract service is considered a transition to work in another organization.
The personal card must indicate the date and number of the order, as well as the reason for dismissal. The card is issued at the discretion of the employer and remains with him.
The head of the organization is obliged to provide notification to the military registration and enlistment office that the conscript has been dismissed. The delivery period is 2 weeks.
Important! This notice must be provided in writing. It must contain information about the order.
Valid reasons for dismissal
a valid reason for leaving the armed forces.
. Typically these include:
- Expiration of the contract.
Every soldier who has completed compulsory service
has the right to remain for
long-term
(contract) service. It differs from urgent care in several ways:
- military personnel are paid wages
that correspond to their
military rank
; - they have the right to live outside the unit's location. This is the main reason why many are eager to sign a contract. A contract soldier simply works. He comes to work to raise the flag and leaves when it is lowered. Naturally, there are also night alarms and guard duty.
- most often, contract soldiers have sergeant
and
officer ranks
, which means they are not engaged in simple soldier activities (digging trenches, cleaning the territory);
- Lack of funds to support the family.
This reason is calculated taking into account the cost of living of the region in which the military man serves, as well as the presence/absence of other sources of income for the military family.
- Having close relatives outside of Russia
This reason is more likely a consequence of dismissal. Since the Russian army is one of the largest in the world, therefore, information control is much more serious.
- The military has minor children
, provided they are raised by only one of the parents, and the other parent evades payment of child support (if it is possible to pay child support); - Pregnancy
of a girl soldier and the deterioration of her health. But in the absence of reasons for dismissal due to health reasons. - The death
of one of the close relatives, after which the serviceman is unable to continue serving.
If an employee was absent upon dismissal
There are situations when an employee is dismissed in his absence. Urgent entry into the army deprives the conscript of free time to resign. Some of them purposefully do not begin this procedure in order to regain their jobs after the army.
By the way! The manager has the right to dismiss a young man who is in military service, but on the same basis as with the employee’s personal statement.
When drawing up an order, you must indicate that the document is drawn up unilaterally. After this, you need to enter the corresponding text in the work book, which must be kept in the company’s archives until the age of 75. It must be issued upon request of the employee.
In addition, the employer can send the book by mail at the request of the employee or personally to the employee’s close relatives, for example, to the spouse or parents, by proxy.
Payments upon dismissal due to military service
A young man who is called up for service must be paid on the last working day after all documents for dismissal have been completed (Article 84.1 of the Labor Code of the Russian Federation). Payments that a conscript must receive:
- payment for days worked;
- cash benefits for unused vacation days;
- two-week allowance, calculated based on the average monthly salary (Article 178 of the Labor Code of the Russian Federation).
If an employee took vacation in advance, then upon dismissal the employer does not have the right to withhold advance vacation pay from payments, according to Art. 137 Labor Code of the Russian Federation.
Benefits, compensation and salaries for conscripts must be reflected in the company's expense sheet in the form of labor costs.
Employment after service
If an employee worked in a non-governmental organization before being drafted into the army, then the Legislation does not oblige the manager to hire him to his previous place of work (Clause 1 of Article 81 of the Labor Code of the Russian Federation).
It is different in government agencies. The employee must be hired to his previous place or to a position equivalent to the one previously occupied within 3 months from the date of termination of military service. This is evidenced by paragraph 5 of Article 23 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel.” Also, such an employee may be given financial assistance upon his personal application or within 3 months from the date of hiring. The organization sets its own payment amounts.
What payments are due?
When a serviceman is dismissed on his own initiative, certain payments are provided, which are assigned depending on the department and the reasons for termination of the contract.
After termination of the contract, the officer can count on the following payments:
- a one-time benefit, the amount of which is affected by the length of service . If a citizen has worked for more than 20 years - in the amount of seven monthly salaries, less than 20 years - two salaries. If there are state awards, additional payments are provided;
- bonus . When performing official duties without violation, a bonus in the amount of 25% of the salary is due;
- material aid . The payment is equal to one salary.
The amount of payments is influenced by the following indicators:
- place of military service;
- title and position held;
- the department to which the contract soldier belongs.
If the contract was terminated due to length of service, then the serviceman is entitled to a military pension.
Let's summarize
- Dismissal due to conscription into the army (not for contract service) is formalized under Art. 83 Labor Code of the Russian Federation.
- The reason for terminating the employment contract is a summons from the military commissariat. An employee can write a resignation letter at will.
- Upon dismissal, in addition to standard payments, a conscripted employee is entitled to a benefit in the amount of two weeks' average earnings.
- Withholding the amount for vacation taken in advance is illegal in this case.
- Guarantees of employment at the previous place of work are possible only if the employee worked in a government agency.
How can you leave the army of your own free will without any problems?
During military service, military personnel who have submitted a report for dismissal are faced with the reluctance of the unit commander to satisfy the request for dismissal from the ranks of the armed forces. In addition, in reality, most certification commissions are fictitious, and make decisions that were previously agreed upon, or carry out an unspoken order
unit commander or his deputy.
To quit
, you can wait until your contract expires
,
after which you cannot be refused dismissal.
The thing is that upon termination of an existing contract, the serviceman loses all benefits and also does not receive severance pay.
