Resignation from the Ministry of Internal Affairs at your own request in 2021

Author of the article: Roman Gavrilov Last modified: January 2021 58585

Dismissal from the Ministry of Internal Affairs is considered one of the grounds for termination of service in law enforcement agencies. An employee of the police or other internal affairs bodies also has the right to suspend public service on the grounds specified in Art. 37 Federal Law No. 342 of November 30, 2011

Art. 80 Labor Code of the Russian Federation

The grounds for termination of service may be dismissal or death of an employee (more details).

Art. 81 Labor Code of the Russian Federation

Dismissal is made through termination of the contract (more details).

Art. 82 Labor Code of the Russian Federation

The contract is terminated on the basis of termination, the employee reaching the maximum age of service, length of service, at the initiative of the employee, by agreement of the parties, in connection with a change in the terms of the contract and the subsequent refusal of the police officer to work according to the new rules (more details).

Art. 84 Labor Code of the Russian Federation

An employee who decides to resign must submit a corresponding report one month before the date of termination of the contract (more details).

Legislation

The main legislative act regulating the issues of service, employment in the Ministry of Internal Affairs, assignment of ranks, leave and dismissal is the Federal Law “On Service in the Internal Affairs Bodies”.

Which articles from this legal act are important:

Important! According to the provisions of Art. 84 of the Federal Law “On Service in the Department of Internal Affairs”, if public money was spent on a citizen’s education, provided that he works in the Ministry of Internal Affairs, upon termination of the contract he is obliged to return all funds. The amount is calculated proportionally based on the remaining years he has already served. You do not need to reimburse training costs if:

• The employee cannot continue to serve in his previous position for medical reasons, and there is no possibility of transferring him to a more suitable place.
• An employee has a need for constant care for a close relative of retirement age or a disabled person of group 1 or 2. A medical and sanitary examination report must be present.
• If a police officer needs to care for a minor child whom he is raising alone.

If after one month the contract is not terminated for some reason, and the employee does not insist on this, it is considered valid under the same conditions.

Grounds for dismissal

In Art. 82 Federal Law No. 342 outlines the grounds for termination of an employment contract with a police officer. Their list includes:

1. Expiration of the fixed-term contract.
2. At the initiative of the employee himself.
3. If the terms of the contract have changed and the employee refuses to serve further under the new rules.
4. If an employee decides to exercise the right to a long-service pension.
5. If a police officer has not passed certification.
6. If an employee grossly violated discipline, including in cases where he has a disciplinary sanction.
7. If an employee is expelled from the education system of the Ministry of Internal Affairs.
8. Upon reinstatement of a former employee.
9. Due to reduction measures.
10. If the employee is no longer at the disposal of the relevant department.
11. When an employee violates the terms of the contract.
12. An employee is hired in an elective position that excludes the possibility of serving in internal affairs bodies.
13. The employee does not comply with the prohibitions and restrictions provided for by federal legislation and other regulations.
14. The employee has lost access to state secrets.
15. When an employee has serious health problems that prevent him from being on duty. If a police officer is declared incompetent or partially incompetent, this also serves as grounds for termination of the service contract.
16. Refusal to transfer to another duty station.
17. If the employee has reached the maximum possible age that allows him to be in the public service. The maximum possible age for service for persons holding the rank of general is 60-65 years. The age limit for a police colonel may be 55 years. For police officers with other ranks, the maximum service life is 50 years. If the employee has a positive assessment and is in good health, confirmed by a medical commission, a new contract can be concluded with the employee, but for a period not exceeding five years.

The following are also considered reasons for termination of a contract with a police officer:

• false documents that the employee provided at the time of employment;
• loss of Russian citizenship;
• obtaining citizenship (nationality) of a foreign state;
• when conscripted into military or alternative civilian service;
• by his actions he discredits the public service;
• loses the trust of the department to which he is directly subordinate;
• is taken into custody (the service contract is terminated from the moment the suspect is arrested). Labor relations with a convicted police officer are terminated from the moment the court decision enters into force.

Dismissal of an employee due to loss of trust is carried out:

• if the police officer has not taken measures aimed at resolving the conflict of interest;
• when the employee did not provide a declaration of his income and the earnings of family members.

A career in law enforcement for a citizen may end:

• if he or his family members do not comply with the prohibitions on opening bank deposits abroad;
• when an employee is engaged in entrepreneurial activity, provides services to legal entities on a paid basis, or is a member of the board of commercial organizations.

Expert commentary

Kamensky Yuri

Lawyer

The parties also have the right to terminate the contract by agreement of the parties. To do this, it is enough to issue a notice, which must be signed by the manager and the employee himself.

Diseases due to which an employee may be dismissed from the Ministry of Internal Affairs:

• blurred vision or complete blindness;
• cardiovascular diseases;
• sexually transmitted infections (syphilis, gonorrhea);
• HIV infection;
• malignant tumors;
• absolute deafness;
• diseases of the urinary organ;
• injuries that led to changes in the bone elements of the body and their defects;
• tuberculosis;
• diseases of the respiratory organs that make breathing difficult;
• mental illness of a person (schizophrenia);
• disability of the 1st group.

When is it impossible to resign from the Ministry of Internal Affairs?

Art. 35 of the Federal Law “On Service in the Department of Internal Affairs” describes a number of reasons why an employee cannot initiate dismissal at will:

• During a designated martial law or state of emergency.
• In the event of an armed conflict or a counter-terrorist operation.
• When eliminating the consequences of an emergency.

If a police officer refuses to fulfill the terms of the contract, this is grounds for dismissal from the position being filled and dismissal from service on the basis of paragraph 13, paragraph 1 of Art. 82 Federal Law “On the Service...”.

How to properly resign from service as a police officer?

The procedure for dismissing a police officer is regulated by the Federal Law “On Service in the Department of Internal Affairs”.

If an employee wants to resign himself, he needs to submit a report. This is a written document expressing the desire to terminate the contract and stating the reasons for doing so.

On their own initiative

The dismissal of an employee of the Ministry of Internal Affairs on his own initiative is carried out in the manner established by Art. 84 Federal Law “On service in the Department of Internal Affairs”. The contract is terminated before its expiration by submitting a report one month before the day of dismissal indicating this date.

The employee is obliged to fulfill the requirements of Part 7 of Art. 89 Federal Law “On Service in the Department of Internal Affairs” - pass:

• weapon;
• service ID;
• token.

He retains the right to withdraw the report in writing. The employee will retain his position if a new applicant has not yet been found to take his place.

If the contract is not terminated a month after submitting the report and the employee himself does not insist on it, the contract continues to be valid.

During a period of temporary incapacity.

A police officer cannot be fired while he is sick or on vacation. This is a general rule, there are exceptions (see Part 12 of Article 89 of the Federal Law “On Service in the Department of Internal Affairs”).

You can terminate a contract with an employee who has gone on sick leave if:

1. The contract has expired.
2. The contract is terminated because the employee:
   lost legal capacity, for example due to mental illness;
3. renounced Russian citizenship or received foreign citizenship;
4. committed a criminal offense;
5. left to serve on conscription;
6. committed an offense that discredits the honor of a police officer.

If an employee wrote a report, but was on sick leave during work, then the document remains valid. But this employee will have to return for some time to complete all formalities, hand over property and affairs.

By staff reduction

One of the grounds for dismissal of a police officer is a reduction in the position he occupies. This is called downsizing. It is regulated by Art. 36 Federal Law “On Service”.

The reasons why senior management of a structure decides to reduce the number of staff are usually not communicated to the staff being reduced. At risk are applicants with little experience and lower qualifications.

Most often, reductions are carried out in connection with the reorganization of individual departments or the system as a whole. For example, the reorganization of the police into police in 2011.

The reduction of police personnel includes the following main stages:

1. An order on planned reorganization measures is published.
2. A new staffing schedule is being developed.
3. Candidates whose reduction is possible are being considered.
4. The employee is notified of dismissal two months before the last day of work.
5. A referral is issued to the medical examination of the Military Medical Commission. If the results are unsatisfactory, the employee will be dismissed from the authorities.
6. His basic rights are explained and available vacancies from this unit or in another area are offered.
7. The issue of transferring an employee or terminating a contract with him is decided by the manager.
8. The employee reads the order to terminate the service contract and signs it. If he refuses, the manager makes a corresponding note and draws up a report.
9. On the last day, a work book is issued, the required benefits and compensation are paid.

According to paragraph 1, 3 of Art. 36 of the Federal Law “On Service”, an employee may be offered another position or take advanced training courses. In case of refusal, he is fired in accordance with clause 11, part 2, art. 82.

During the period of service established by law, the employee may undergo an announced extraordinary certification, based on the results of which a proposal may be made to transfer him to another position.

The person being dismissed has the right to request from his superiors in writing his resignation earlier than two months (Part 8 of Article 36 of the Federal Law “On Service”).

The procedure for registering dismissal from the Ministry of Internal Affairs

The contract termination procedure begins with the employee submitting a corresponding report. It is advisable to indicate the reason for your decision in it, and then adhere to the following algorithm:

1. A month before dismissal, a report is submitted to the manager. It specifies the termination date of the contract, but by mutual agreement the police officer may terminate service before that date.
2. The authorized person draws up a letter of resignation, which indicates the reason for termination of the contract, and also contains information about the state of health, length of service, age and entitlement to social guarantees.
3. A dismissal order is issued.

Sample report

Dismissal from the internal affairs bodies at one's own request is not complete without the mandatory preparation of a report. The document should be submitted thirty days before the expected date of release of the current position. The form of compilation is free.

Despite the free form, there are some design requirements:

• The first thing you need to indicate is the full name and position of the boss to whom the report is being submitted. Next you should write down the name of the department;
• after this you need to write the word “Report” in the middle of the sheet;
• then follows the main part of the document. Here the subject must describe the request. He needs to write that he asks the manager to relieve him from performing his main job duties. It is important to provide a link to the specific article of the current legislation, in accordance with which this is proposed to be done. It is worth noting that the reason for dismissal may not be indicated;
• After this, you need to write down the date and sign with a transcript.

A sample report on dismissal from the police at your own request is available.

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Is it possible to quit without working?

Employees of the Ministry of Internal Affairs are subject to the provisions of the Federal Law “On Service in the Department of Internal Affairs”, and not the norms of the Labor Code of the Russian Federation, where, upon dismissal on their own initiative, an employee is necessarily exempt from two weeks of service if there are good reasons (enrollment in an educational institution, relocation, etc.).

Here it is important to comply with one condition specified in paragraph 4 of Art. 84 Federal Law No. 342-FZ: before the expiration of the mandatory service period, an employee may be dismissed with the permission of the manager.

There is another option - termination of the contract by agreement of the parties (Article 83 of the Federal Law “On Service”), where a specific date for leaving service will be indicated in advance.

Is it possible to leave the police at the initiative of an employee?

Employees most often end up in the Ministry of Internal Affairs by vocation, ideological people. But they, just like ordinary citizens, have the right and opportunity to change their decision and view of serving in the police and, for various reasons, submit a report for dismissal. In this case, the dismissal process is carried out on the grounds and in the manner prescribed by Federal legislation (we talked about the procedure for dismissal at the initiative of an employee in this material, and about the nuances of dismissal of a certain category of citizens, including police officers from the Ministry of Internal Affairs, find out here).

Unlike the Labor Code of the Russian Federation, the Federal legislation has special deadlines and procedures for processing documents. These nuances must be taken into account when leaving the Ministry of Internal Affairs.

Is it possible to quit while on vacation?

There are no specific prohibitions on dismissal while on vacation, but employees need to consider several reasons why management may refuse to terminate a contract on a specific date:

Features of dismissal

For dismissal, it is necessary to have the grounds established by Federal law. You can leave your position for the following reasons:

• Personal initiative of the employee.
• Retirement.
• The age limit for working in organs has reached.
• Termination of the contract under which the employee worked, or refusal to perform official duties.
• Violation of the agreement provided for by the contract on the part of the employee, or committing actions that discredit the reputation of the structure.
• Expulsion from the university where the employee studied in the field of internal affairs.
• Conscription into the army or alternative service.
• Diseases confirmed by the commission.
• Inconsistency with the position held based on the results of certification.
• Loss of the status of a Russian citizen or acquisition of citizenship of another state.

This list is not complete. All reasons for dismissal can be found in the Federal Law “On Police”.

Leaving the police department at your own request

If an employee who was considering whether to resign from the police came to a positive answer, then he needs to write a report. Such a document has its own characteristics; it must be drawn up in accordance with the law. The step-by-step algorithm of actions will be as follows:

• You need to think carefully about your decision and formulate the reason for leaving.
• Draw up a report indicating the grounds for dismissal. This must be done 1 month before the expected date of departure.
• A submission is prepared for the employee, which contains data regarding the reason for dismissal, length of service, age, rights to social guarantees, health status, etc.
• The employee hands over weapons, documents, valuables, personal identification and badges.
• An order for removal from office is issued.
• On the day of final departure, management makes the necessary note in the work book. This document is handed over personally to the now former employee.
• On the same date, the authorities are obliged to pay the citizen.
• Within 30 days from the date of adoption of the order, the employee is removed from the internal affairs register.

In some situations, when an employee has the rank of colonel of police, justice, or the Ministry of Internal Affairs, an order from federal authorities is required for his departure. And the question of whether it is worth resigning from the Ministry of Internal Affairs while holding a high position will be decided not only with the federal executive body, but also with a decree of the President of the Russian Federation.

Making a report

When writing a report, you must refer to the legislation. Compared to a standard resignation letter, the report has many features. This document must include the following information:

• Information about the boss to whom the report is being submitted. It is necessary to register his full name, title and position.
• Employee details (full name, title and position).
• The employee’s intention to vacate a position with reference to an article of legislation.
• Consent or refusal to undergo the IVC.
• Request for payment.
• Desired expected date of departure. If the employee does not indicate a specific day, dismissal will occur in a month.
• Please provide all required documents.
• The date the report was written and the personal signature of the person leaving.

It is best to write the report in two copies and keep one for yourself. It must have the signature of the person accepting it. In case of problems and litigation, this document will serve as evidence.

Under special circumstances, police officers have the right to resign at short notice. If an employee leaves due to reaching retirement age or due to the inability to continue working, he can independently indicate the date of dismissal. This must be indicated in the report.

According to the law, the employee has the right to withdraw the report at any time before the day of departure and continue to work. This is permissible if another employee has not yet been invited to take his place or if other obstacles to resuming activities have not arisen.

Compensations and payments upon dismissal from the Ministry of Internal Affairs at one's own request

There are a number of payments that are due to employees who leave the service at their own request:

What payments are due?

Current legislation establishes that a full settlement must be made with a person. The organization is obliged to issue:

• wages, the amount of which will correspond to the time worked;
• bonuses for fulfilling one’s official obligations based on the results of a quarter or calendar year worked;
• severance pay if dismissal is due to deterioration in health.

Important! The amount of the benefit largely depends on the length of service of the police officer. If it is less than 10 years, then the benefit is equal to 5 monthly salaries, and if it exceeds 20 years, it increases to 20 salaries.

Vacation pay

Article 127 of the Labor Code of Russia regulates that upon termination of an employment contract, a person must be paid monetary compensation for all vacation days that he did not have time to use. The amount of compensation depends on the person’s average earnings.

Important! The police officer can submit a report on the provision of previously unused vacation days with aftercare. In such a situation, the contract terminates on the last day of rest.

Article 127 of the Labor Code of the Russian Federation “Exercising the right to leave upon dismissal of an employee”

Payment terms

Current legislation establishes that full payment must be made on the last working day, that is, at the time of issuance of all documents. If for some reason the police officer was unable to personally appear for the money, then the manager is obliged to send the appropriate notification about the need to receive it or express a request for it to be sent to a specific bank account or card.

Important! If the policeman decides to exercise his right to rest, then the payment must be made on the last working day, that is, just before the start of the vacation.

Sick leave payment

If the employee of the Ministry of Internal Affairs was not paid compensation for sick leave at the time of termination of the contract, then this must be done at the time of dismissal. Sick leave is calculated according to the standard plan, that is, including all sick days in the calculation. These funds must be transferred to the employee’s account no later than the day specified in the documents.

What to pay attention to when leaving service in the Ministry of Internal Affairs

The dismissal of employees of the Ministry of Internal Affairs is a strictly regulated and not so simple procedure. It has a number of specific features compared to the termination of an employment contract according to the general rules of labor legislation. In order to exercise your right to terminate official relations with the Ministry of Internal Affairs and competently prepare and formalize it, it is important to carry out some preliminary work. Only by following all the steps below can you avoid future disputes with the employer and receive all due payments, benefits and privileges provided for by law.

Carefully read the terms of the contract at the point of dismissal

The work of an employee of internal affairs bodies, the procedure for the performance of his duties and termination of service are regulated, in addition to the Labor Code, by Federal Law No. 342-FZ of November 30, 2011. However, the service contract contains additional provisions, conditions and specifies legally established norms.

This document also contains the procedure for terminating the service of such a person, so first of all you need to carefully study its text. This is necessary in order to comply with all stipulated requirements and procedures. Otherwise, the employee risks losing the payments and benefits due to him, and in some situations, even being dismissed not on his own initiative, but “under the article”, for example, for refusing to transfer to another equivalent position.

Checking the list of grounds preventing dismissal

Since service in the Ministry of Internal Affairs is a special type of labor relationship, the legislator has provided several restrictions when a police officer does not have the right to terminate an existing contract on his own initiative. This is possible due to the imposition of additional responsibilities, restrictions, and special conditions during the following periods of time:

1. Declaration of a state of martial law or emergency in a country or part of it (for example, a specific region) in accordance with current legislation.
2. Time of the CTO (counter-terrorism operation).
3. Ongoing armed conflict.
4. The period of need to eliminate the consequences of disasters and emergencies of various forms.

An employee may leave the authorities during the specified periods, however, the basis for dismissal will not be his initiative, but on the initiative of the authorized head of the Ministry of Internal Affairs. That is, in language familiar to the average citizen, a police officer will be dismissed “under the article” due to refusal to perform service, taking into account the special conditions specified in the list.

Important!

Special conditions can be introduced only by a special decision of the Ministry of Internal Affairs and for a period not exceeding 6 months within one calendar year.

Compliance with prescribed deadlines

According to the rules for dismissal of employees of internal affairs bodies, notification of plans to terminate the contract must be submitted by them 1 month before termination of service. In this case, the employee is given the right to undergo a military medical commission. And when using this right, you should take into account the time required to complete the commission.

By mutual agreement of the parties, it is possible to terminate the contract and service relationship before the expiration of the specified month. However, in practice, this option is used extremely rarely, so it is worth taking care to comply with the designated deadline.

Checking the requirements for a dismissal report

The law does not establish the specific form of the document in question, but due to a number of legislative norms it must contain the following information and points:

• date of preparation of the report and its submission;
• position and full name of the head authorized to make decisions (in particular, ordinary police officers are dismissed by the head of the territorial body);
• a direct request to terminate the service contract before its expiration;
• reasons for dismissal (at one’s own request or on the initiative of the employee);
• specific date of contract termination;
• the need for a medical examination or lack thereof;
• provision of the unused part of the due leave (if the person wishes to exercise such a right);
• signature of the applicant indicating full name, position and rank.

The presence of these points in the document is a guarantee of compliance with the dismissal procedure at this stage.

Possibility to withdraw a notice of dismissal

The law extends the general right of working citizens to withdraw their application for termination of a contract at their own request to employees of the Ministry of Internal Affairs. Thus, such a person can withdraw his report at any time during the one-month period allotted by law for notifying the Ministry of Internal Affairs. Moreover, if the dismissal order is not issued, and the citizen continues to serve and fulfill his duties, then the contract is considered valid. If the employee is determined, then in the absence of an order he may simply not go to work, stopping his service.

Important!

The law provides for the only exception when, even if the dismissal report is withdrawn, the contract is still terminated. This happens if there is another candidate for the vacant position, i.e. another person has already been officially invited to perform this work. But even then, recall is possible, but only if the invited employee is refused employment on legal grounds.

The procedure for writing a report on the dismissal of an employee from the Ministry of Internal Affairs

The form for submitting the report is written. The report is drawn up in the name of the immediate head of the unit.

The document states:

• Full name, position, title of chief;
• Full name, position and title of the employee;
• request for dismissal on a specific date;
• refusal or consent to undergo an IHC examination;
• reason for leaving the structure of the Ministry of Internal Affairs;
• request for a full settlement (according to Article 140 of the Labor Code of the Russian Federation)
• request for documentation;
• applicant's signature.

Expert commentary

Leonov Victor

Lawyer

If the dismissal is formalized on the initiative of the internal affairs bodies, the basis for termination of the service contract is based on established facts of improper behavior of an internal affairs employee and violation of official discipline. Dismissal can be determined on a specific date.

An employee's responsibilities may include:

• work a certain amount of time;
• bring the “thing” to the end;
• other immediate functions.

Important! An employee of internal affairs bodies has the right to be reinstated in his position if the dismissal was carried out on illegal grounds. To do this, you will need to file an administrative claim.

The most common grounds for filing claims for reinstatement are employee indications of:

• applying pressure;
• incorrect determination of the date of dismissal;
• failure to make final payments on the day of dismissal.

Termination of a service contract may be due to:

• with abuse of local power;
• conflicts related to the subordination of officials.

The employee’s housing and other property rights, for example, the right to housing, subsidies and other incentive measures, are also subject to protection.

Controversial situations may arise if the dismissal of an employee is related to his criminal prosecution. It is advisable to entrust the protection of the rights of an official to a qualified lawyer with extensive experience in conducting administrative cases.

Step-by-step instructions for dismissal from the Ministry of Internal Affairs

The procedure for terminating a service contract and leaving service consists of several stages. All of them are established by the relevant order of the Ministry of Internal Affairs, so it will not be possible to bypass them.

How to submit a report

Notification of the intention to terminate the official relationship is submitted in the form of a report addressed to the authorized manager in accordance with the one who made the decision to hire the employee. It has a free form of a written document, but must contain all the necessary points that were given above.

The document is directly submitted to the personnel service of the internal affairs body, where it is checked to ensure that all necessary information is provided and that the deadlines established by law are met. It is necessary to ensure that the report is registered, for which it is advisable to have a second copy, on which a mark is placed on receipt by the personnel service employee (full name and position of the responsible person, date of reception).

Conversation about rights upon dismissal from the Ministry of Internal Affairs

This stage is also mandatory and involves an explanatory conversation with the employee from the HR department (and, if necessary, with the involvement of the legal, medical and financial departments of the authority) on the following issues:

If an employee avoids the conversation or directly refuses to go through with it, then this will not affect the dismissal process. In this case, the personnel employee draws up an appropriate act recording such a refusal.

Passing the commission (VVK)

Although the law does not directly stipulate the obligation of an employee of the Ministry of Internal Affairs to undergo a medical examination upon dismissal, this follows from the norm requiring information about health to be indicated in the resignation letter. An employee can still refuse, but there must be a compelling reason to do so.

It is necessary to undergo the IHC and obtain the appropriate conclusion before the order is issued, but in some cases this procedure can be completed within a year from the date of receipt of the extract or copy of the order. The results of the survey may affect the list of benefits that a former police officer can qualify for.

Issuance of an act (Representation)

After receiving the report, HR employees are required to prepare an appropriate presentation, which is agreed upon with the immediate supervisor of the dismissed person. It must also be agreed upon with the head of the internal affairs body, and the employee must be familiar with it and sign it personally.

This document, among other things, must indicate the total length of service in the police force and the periods of work that were included in this length of service. The indicated periods are indicated in normal calendar terms, as well as in preferential ones (for example, when 1 year was counted as 2 or 3). These periods will be important when establishing the amount of an employee’s pension, as well as when calculating severance (one-time) benefits.

Order of dismissal

The order is the basis for termination of a person’s service in the authorities before the expiration of his contract. On the last day of service, the dismissed person must be familiarized with this act, about which he puts his signature. The order reflects the wording of the grounds for dismissal (in this case, the employee’s initiative). The details of the document (its number and date of publication) are indicated as the basis for dismissal in the labor circle.

Transfer of cases and weapons

The resigning person is obliged to transfer all affairs and property used before leaving the authorities:

Preparation of personnel documents

In addition to an extract from the order on termination of service (or a copy thereof), the person must be given his work book. It also reflects information about dismissal according to the general rules for maintaining work records, i.e. there should be indicated:

• serial number of the record;
• reasons (own desire) for dismissal;
• grounds for dismissal in accordance with legal formulations (norm);
• local act, which is the basis for termination of relations (details of the order).

Calculation of payments upon dismissal

The last day of service of the employee is considered the day of his dismissal, therefore the financial department is obliged to finally pay such an employee. The full payment must include the following payments:

• wages (unpaid part);
• compensation for unused vacation;
• severance pay;
• due bonus.

Depending on the conditions of dismissal and the category of the employee, he may be entitled to other payments.

Exclusion of an employee record from the Register

This action must be completed within 1 month. In this case, the beginning of this period is determined by the day the order is issued by which the employee is dismissed from service.

Dismissal at the initiative of management

Before terminating a service contract, the employee must be notified in writing. The time limits for warning are indicated in Part 2 of Art. 85 Federal Law on service in internal affairs bodies. They range from 14 to 60 days, depending on the reasons for dismissal. Thus, if an employee is recognized as partially fit for service, then notice of dismissal should be given no earlier than two months from the date the medical commission established the relevant fact.

Expert commentary

Gorchakov Vladimir

Lawyer

With the consent of the employee, dismissal may be early. If dismissal due to the expiration of the contract, the employee must be notified of this no later than a week before the termination of the employment relationship. A fixed-term contract can also be renewed with the consent of the parties.

Management may initiate dismissal proceedings in cases where a contract with an employee was concluded on illegal grounds. This is possible if the following circumstances are established:

• if the service contract was concluded after the court made a decision banning certain positions;
• if a fact of falsification of a diploma of education or its absence is revealed;
• if a citizen is prohibited from serving in the structures of the Ministry of Internal Affairs due to health reasons (when this fact is confirmed by the relevant medical commission);
• in other situations provided for by the legislation of the Russian Federation.

Dismissal involves removing him from the register of employees of internal affairs bodies. The report must be signed by the head of the personnel department, the leadership of the department in which the employee serves. High-ranking employees of the Ministry of Internal Affairs are dismissed with notification to the President of the Russian Federation and the Minister of Internal Affairs.

On the employee's last day of work, the department must:

• give him a work book;
• make final calculations;
• issue a certificate of income for the two years preceding dismissal;
• issue a copy of the dismissal order (issued at the request of the employee);
• issue a military ID and other personal documents of the citizen.

On the day of resignation, full payment is made to the employee:

• salary;
• compensation for vacation days that were not used;
• quarterly bonus;
• severance pay.

The benefit will depend on how many years the employee of the Ministry of Internal Affairs spent in service:

Benefits and payments must be provided in accordance with the general procedure. If the employee did not pick up the work book, then it can be sent to him at the postal address specified upon the preliminary application. Employees of internal affairs bodies are guaranteed labor rights. They are also paid bonuses and incentive payments. The employee may also retain the rights to residential premises issued as official housing. With the consent of the Ministry of Internal Affairs and the departmental fund, housing can be privatized.

What to do if you are refused to sign a report

In Russia, there is a generally accepted international labor law prohibiting forced labor, so even an internal affairs officer has no right to refuse to terminate a contract. In practice, situations may arise when management prevents the termination of an official relationship. And in this case, the employee must act as follows:

1. Draw up a report in 2 copies, indicating all the information required by law.
2. Submit the document to the personnel department, asking for the second copy to be marked upon receipt.
3. After 30 days from the date of registration of the application, do not go to work, ceasing to perform your official duties.

If these steps are met, the employee will still be considered removed from government service and will be entitled to all benefits and payments due under the law. And management will be forced to formalize the termination of the contract in the proper manner.

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.

Common mistakes

Error:

Avoiding conversation during the process of leaving the service.

Skipping this stage will not bring the desired date of termination of the contract closer, but the risk of not finding out about some of the rights granted increases exponentially. Conducting such a conversation serves not only to explain to the person the reasons for dismissal (if he has his initiative, they are already obvious), but also to explain to him his rights to benefits, guarantees and due payments.

Error:

Refusal to undergo a military medical commission.

Such a refusal is inappropriate, if only because health is of great importance in a person’s life. On the one hand, you should not miss the opportunity to check your health, especially since this procedure is free for those resigning. On the other hand, if occupational diseases or injuries are identified during a medical examination, the employee may qualify for additional benefits and payments.

Error: You can terminate the contract at your own request without completing the required period if there are good reasons.

Termination of the contract is carried out on a general basis, and the presence of valid reasons is not provided for here.

Error: You can resign from the Ministry of Internal Affairs on a specific date only by agreement of the parties.

No, there are two options here. In the first, after the expiration of the notice period, the employee has the right to resign, and in the second, he has the right to agree with the boss on early dismissal.

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.

The employee’s main task is to submit a report within the established time frame, hand over weapons, belongings and documents at the end of service and accept the work book along with other personal papers.

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.

Answers to frequently asked questions

Question:

I drew up a report in which I asked to terminate my service contract. Due to a change in family circumstances, I withdrew my report before the dismissal order was issued, but after 30 days had passed after my notice was given. Can they refuse to withdraw my report and fire me on the initiative of an employee?

Answer:

The initiative of an employee of an internal affairs agency is one of the grounds for terminating a service contract. A person can withdraw his application at any time before the expiration of a month from the date of submission of the report. If it was submitted after the specified period, then the employer has the right to complete the dismissal procedure at the initiative of the employee.

Question:

I plan to stop serving in the valiant bodies. How to properly notify management? Is there any approved form for such notification?

Answer:

Notification is carried out in the form of a report, which is analogous to a letter of resignation if we are talking about a civil organization. It is submitted 1 calendar month before the date of the desired dismissal. The document does not have a form approved at the legislative level, but our article provides a list of information that must be indicated in it.

Question: Is it possible to resign while on a business trip to the Investigative Committee?

Answer: The Investigative Committee in this case is not the main place of work, therefore, in order to be dismissed, you must submit a report to your immediate management. You can terminate the contract because a business trip to the TFR is not service under martial law.

Question: What should I do if the employee is not fired after the mandatory service period has expired?

Answer: He has the right not to go to work, but a full payment must be made to him on the last day of his work. If this condition is not met, he can go to court or try to resolve everything peacefully.

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.

He was dismissed from the Ministry of Internal Affairs for negative reasons. How to receive payments for long service (16 years)?

Payment of benefits is tied not only to length of service, but also to the grounds for dismissal. If they are negative, then the law allows such employee not to pay benefits. The only option is to appeal the grounds for dismissal.

After leaving the Ministry of Internal Affairs, a week later he received a domestic injury. Can I count on insurance benefits and sick leave?

In this situation, no insurance payment is due.