How to terminate a contract for a serviceman at his own request: termination of a contract

Contract service in the army has become an increasingly popular form of work in recent years, thanks to this, new jobs are created and the burden on conscripts is reduced. Usually, the pay for military personnel under a contract is quite decent, allowing them to lead a decent existence, and social security for themselves and their families is also at a high level. All the benefits of such a service are identical for all regions of the country; narrowing of rights is not allowed and leads to a tribunal. On the contrary, in some regions, increased conditions imposed by local authorities are possible.

Despite all the advantages of such work, this is an employment relationship, which means that there are often reasons for its termination. They are objective or subjective in nature and force contract workers to contact management with a request to terminate the relationship. The scope is special, because these are specific employment contracts, and the reasons for their termination by agreement of the parties are also of an unusual nature. You also need to know what will happen if you break your contract in the army .

Important! The legislative features of this procedure sometimes prevent ordinary citizens from carrying out their plans. If you are unable to resolve this issue on your own, or it requires urgency, it is better to contact a lawyer. A professional in these matters will solve your problem inexpensively and quickly.

Valid reasons for dismissal from contract service

The process of dismissing a citizen engaged in military activities under a contract is labor-intensive and complex. The case is referred to the certification commission, which can accept or reject the application.

It consists of the commander, his deputies, officers of the military unit, a military doctor and lawyers. It is impossible to simply quit with only one desire. You need to have good reasons.

A complete list of valid reasons is provided for by the Federal Law of the Russian Federation. The reason for dismissal must be supported by evidence by presenting documents.

The final decision to terminate the contract is made by the commander based on the conclusion of the commission. Only he can reject or sign the report. If the reason for leaving is not indicated in the report, the citizen’s contract may be officially terminated for failure to comply with its terms.

Legislative basis and procedure for dismissal of military personnel

A citizen, applying for military service, enters into a contract, the parties to which are himself and the command. This agreement is similar to the contract drawn up during employment.

However, the relationship between the serviceman and the command is regulated not by the Labor Code of the Russian Federation, but by the Disciplinary Charter, Federal Law-53 “On Military Duty” and acts containing norms that relate to employees in the Armed Forces. Only in cases where there is a direct indication in these laws, the norms of the Labor Code can be applied to the relations between the parties.

Federal Law-53 in part 6 of Art.

51 contains the possibility of leaving the army before the end of the contract at one’s own request. But to break it, initiative alone is not enough; the person serving must have valid reasons.

The legislation, while regulating the mandatory presence of a serious reason for terminating a contract at the initiative of the resigning employee, does not define “good reason”. Establishing the weight of the grounds for terminating the contract is left to the discretion of the certification commission and the command.

The serviceman will need to prove that he really has serious reasons that prevent him from fulfilling his duties and further serving.

The regulatory framework governing the sphere of relations between military personnel and the command regulates in sufficient detail the procedure for the dismissal of persons serving in the RF Armed Forces. To terminate a contract, a person must adhere to the following algorithm:

Determine the reason for breaking the concluded contract at your own request.
Prepare documentation confirming the existence of a serious reason for terminating the contract.
Draw up a report and attach documentary evidence to it.
Submit a report to the commander responsible for resolving personnel issues.
Wait for a response to the report and a meeting of the certification commission.
Take part in the process of considering the request and argue your position.
Receive the commission's conclusion on the decision made.
If the commission's decision is positive, receive a final answer from the commander and resign.

If the commission considers the reason for terminating the contract to be insufficiently valid, the citizen has the right to file a complaint for consideration in court.

» alt=”Grounds and procedure for dismissing a serviceman from a contract at his own request”>

What happens if you break your contract in the army?

All the benefits of such a service are identical for all regions of the country; narrowing of rights is not allowed and leads to a tribunal. On the contrary, in some regions, increased conditions imposed by local authorities are possible.

The scope is special, because these are specific employment contracts, and the reasons for their termination by agreement of the parties are also of an unusual nature. You also need to know what will happen if you break your contract in the army .

Who does the law apply to?

For all those who were not included in the previous bill and did not manage to quit before January 7, 2021. Service members who have had their three-year or five-year contracts automatically renewed and have already served 18 months from the renewal date can write a letter of resignation.

Expert opinion

Kuzmin Sergey Yaroslavovich

Lawyer with 8 years of experience. Specializes in the field of civil law. Legal expert.

Military personnel who signed a contract before the end of the special period and have already served 24 months, also write a report. Well, of course, if you want.

If you want to remain in the Armed Forces of Ukraine, this does not concern you.

Grounds for terminating a contract

The legislation does not provide an exhaustive list of reasons why a person liable for military service may apply for termination of employment relations. This means that the exemplary reasons indicated in the regulations are of the nature of the most common cases, but other, more subjective ones may also occur.

This is important to know: Application for benefits at the birth of a child

If we take into account the experience of military personnel who have undergone this procedure, the following basic options can be distinguished:

non-fulfillment or improper fulfillment of the terms of the contract is the simplest reason. Here, any systematic or gross violation on the part of the command is enough to leave work;
financial insufficiency - if objectively current earnings are not enough to provide for yourself or your family (here you will need to indicate exactly what expenses force you to look for a better place);
family circumstances or health problems - the need to care for a relative, one’s own illness and the need for urgent or long-term treatment;
lack of room for promotion is a specific reason. If a contract soldier argues that he can apply for a higher position, but there are no vacancies, the command may release him - and in the event of a dispute, the court will also side with the soldier. The problem lies precisely in the evidence base;
election of a person liable for military service to government bodies.

Other reasons could be any reason that affects the employee and prevents him from fully performing the assigned tasks. For example, the death of another soldier who was a loved one has a subjective effect on the soldier, but management must take into account his psychological state and possible consequences.

Also, religious beliefs, newly acquired or original, which do not allow serving, are accepted as weighty arguments.

Any of the listed reasons must be indicated in the appropriate report on termination of the employment contract. Of course, there must also be a correct argument as to why the above reasons make further performance of duties impossible at all or for a long time - after all, management can offer long-term leave if it does not want to lose valuable personnel.

Davydov Dmitry Stanislavovich

Deputy Head of the Military Commissariat

Interesting! Most of those wishing to terminate the contract “stumble” precisely when drawing up the application. The inability to argue well enough is the main reason. Therefore, contacting a lawyer is the best solution.

Consequences of termination of the contract

Firstly, this basis, provided for by law, automatically deprives you of the opportunity to claim a large severance pay; for example, in the event of dismissal at the initiative of the employer, it may be larger. Also, your social package terminates immediately after the dismissal order is issued, regardless of the originally intended period.

Therefore, do not agree to proposals to do this procedure “retroactively,” as is popular in many cases. If the employer asks you to work more shifts to find a replacement, discuss the conditions in detail, and also invite a lawyer.

Do not forget that official housing should also be vacated before the actual dismissal - you will not be given time to look for a new place of residence. If this condition is not met, the employer has the full right to forcibly evict the entire family, because the living space in this case is owned by the state.

Therefore, if you have filed a report and expect to fight for termination, it is better to immediately find temporary housing. Otherwise, you can end up with a lot of problems from your own decision - of course, if you are not planning to move, and you already know how things stand with this issue.

The report is submitted with the relevant documents directly to the boss - it is better to ensure that this document is registered and request that the copy be certified with identical dates to the original. This is important for calculating deadlines - the fact is that, by law, management gives a response to such a request no later than 30 days later.

Missing the appropriate deadlines may become the basis for financial liability - the employee may demand compensation for damages for waiting beyond what is required. Obviously, the response to the report may also be negative - but in this case it must contain a reasoned objection to the arguments of the person liable for military service as to why he wants to leave the service.

Of course, the lack of an answer or disagreement with it does not give you grounds to decide this issue yourself - unauthorized abandonment of assigned duties in this area is criminal liability. Don’t take risks, you will receive compensation for illegal actions, but their nature must be determined by the court.

Contact the military prosecutor's office or tribunal to challenge the actions of the command - here you can act independently; the law does not provide for the mandatory involvement of a lawyer. However, its presence will greatly facilitate the task - as statistics show, such disputes are usually not won on their own.

You must also be completely confident that you are eligible, so do not apply without prior consultation.

Payments to a military personnel upon dismissal at his own request

A pension is granted only upon dismissal due to length of service. Therefore, former military personnel who left the service of their own free will can count on a one-time allowance, bonus and financial assistance.

One-time benefit

Its value depends on length of service and other merits:

2 monthly salaries are given to people who have served less than 20 years;
7 salaries – for those who served 20 years;
One more salary may be added if the military man has awards;

Prize

It can be paid for special merits or simply as praise for the conscientious performance of one's official duties. The size depends on the will of the commander. Typically 1, 2 or 3 months' salary is paid. The bonus does not affect the amount of the lump sum benefit.

Material aid

In accordance with the order of the Ministry of Defense under number 2700, a former military man may be provided with financial assistance in the form of an annual payment. Its size must be at least one month’s salary of the employee. The amount of financial assistance depends on the rank and position.

Are there any benefits available when leaving the service voluntarily?

The rules of law provide for a number of payments to a serviceman if he decides to terminate the contract of his own free will. He is subject to the norms of the current labor legislation in the most favorable form.

The articles regulating this issue are contained in the special federal law “On monetary allowances for military personnel and the provision of individual payments to them.” There are three main forms of cash severance pay that a retiring military member can expect:

Severance pay paid in a lump sum in accordance with the Order of the Min. Defense No. 2700 dated December 30, 2011. Its size depends on the length of service, its conscientiousness and the availability of state awards.

It is quite difficult to accurately predict the amount of severance pay, since in addition to the above factors, it also depends on his rank, position (its nature), the presence of various incentives or participation in military operations. But even when we are talking about a military man who has served little, it should not be lower than several monthly salaries.

A retired military man and his family members also retain a number of benefits:

Free medical care in departmental institutions
Annual free long-distance travel based on the conclusion of the IHC to the place of treatment
Compensation for land and some other taxes
Preferential admission to universities Min. Defense and General Staff

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.

Requirements for preparing a report

Expert opinion

Egorov Mikhail Mikhailovich

Lawyer with 8 years of experience. Specializes in family law. Legal expert.

The Disciplinary Charter regulates the execution of any appeal in the form of a written report. This document replaces the statement that the employee draws up upon dismissal.

The legislation does not contain any mandatory requirements for the text component of the appeal, so a sample report is not required; it can be drawn up in free form. When presenting your position in writing, it is necessary to indicate a number of important points that will allow you to identify the document as an appeal to the command:

Full name and position of commander, military unit number.
Full name and position of the contractor.
Request for early termination of the contract at your own request with reference to the relevant article of the legislative act.
A valid reason for dismissal from military service. It is necessary to pay special attention to this point, since the thoroughness of the argumentation of the position, together with documentary evidence, will play a decisive role when considering the issue. It is necessary to specify as much as possible the circumstances that impede the further fulfillment of the obligations assumed.
A request to submit a report for consideration by the certification commission.
List of documentary evidence attached to the report.
Date and signature of the contractor.

Important! The document should be drawn up in two copies. Both papers are registered in the office. One copy is given to the command, the second copy is kept by the contractor. It will serve as evidence in court if a citizen is faced with inaction and delay in the process of considering the request.

A serviceman has no right to refuse to submit a written appeal. The report cannot fail to be registered and submitted to the commission for consideration.

Submitting such written appeals to the command is the inalienable right of a contractor. The period for reviewing the report is one month.

It can be extended by decision of the commander for another 30 days, but the contractor must be notified of this. After the period has expired, the service member must receive a response in writing.

If you disagree with the commission's decision, you can file a complaint in court.

Can a contract employee resign early?

According to Art. 51 Federal Law of the Russian Federation No. 53 early retirement from military service is possible:

at your own request;
at the initiative of the commander;
due to circumstances that arise that do not depend on the will of the employee and his command.

Federal Law of the Russian Federation No. 53 establishes methods of dismissal from service:

in reserve until reaching the age limit;
resign upon being declared unfit for service or reaching the age limit.

also possible to terminate military service due to a criminal conviction. Data about this is entered into the military ID and personal file.

You can find out more about the grounds for resigning here.

How to record service data in the labor record

Current labor legislation requires the employer to create a work book for a civilian employee. He is also entrusted with the responsibility of making notes in it.

This is stated in Government Decree No. 225 of April 16, 2003 on the rules for maintaining and storing work books.

At the same time, the labor relations of contract workers are regulated by the law “On Military Duty and Military Service.”

A contract worker, after leaving service, having decided to get a civilian job, first submits an application to his employer with a request to issue him a work permit. This is due to the fact that it is not opened to soldiers and officers undergoing service.

To enter information about service, a military ID is submitted, which is the main basis for recording such data. His employee accompanies him with a statement with a request to include information from it in the labor report. If there are awards, he provides data about them as well. The former contractor also presents the contract itself.

The terms of service that are entered in the labor columns must be calendar dates. The filling procedure looks like this:

First, all papers are checked.
In column No. 1 they write the actual number of the entry entered in the work book.
In column No. 2, enter its date. It is important not to confuse this with service life.
In column No. 3 they write information about being in the army, where they indicate the time of service in the format “dd.mm.yy”. The numbers are Arabic.
Column No. 4 contains information about the papers that became the basis for this entry: the number and date of issue of the military ID; numbers of awards papers, if any; contract number, in the case of a contract employee.

Grounds for terminating a contract

non-fulfillment or improper fulfillment of the terms of the contract is the simplest reason. Here, any systematic or gross violation on the part of the command is enough to leave work;
financial insufficiency - if objectively current earnings are not enough to provide for yourself or your family (here you will need to indicate exactly what expenses force you to look for a better place);
family circumstances or health problems - the need to care for a relative, one’s own illness and the need for urgent or long-term treatment;
lack of room for promotion is a specific reason. If a contract soldier argues that he can apply for a higher position, but there are no vacancies, the command may release him - and in the event of a dispute, the court will also side with the soldier. The problem lies precisely in the evidence base;
election of a person liable for military service to government bodies.

How to quickly leave the army for a contract employee: procedure

Early dismissal of junior officers is carried out by the commander-in-chief of the branch of the Armed Forces of the Russian Federation, the commander of the troops of the military district, and officials equal to or higher than them. The procedure for dismissing a military personnel is regulated in Decree of the President of the Russian Federation No. 1237 and in Art. 23 Federal Law of the Russian Federation No. 76.

Collection of necessary documents for early dismissal depending on the grounds for dismissal (medical report from the Military Medical Commission, certificates of the health status of a relative, etc.).
Writing a report addressed to the unit commander indicating the reasons for leaving with references to regulations.
Conducting a conversation with the commander about the reasons for dismissal and drawing up a protocol, which is then attached to the personal file. It reflects information:

reasons for termination of service;
military experience;
medical report from the IHC;
need for housing;
requests from the person leaving.

The unit commander begins collecting documents to determine the total length of military service of the retiring person. The final value is announced to the subordinate. If there are no objections, all documents are transferred to the certification commission.
The commission reviews the documents received and makes a decision within seven days. It is not final, but advisory in nature. The result is recorded on the serviceman’s attestation sheet.
Based on the report and decision of the commission, the commander makes a decision on dismissal or refusal.
If the decision is positive, the unit commander draws up an order, the procedure for removing the citizen from the lists of the Armed Forces begins, and issues of monetary, material, and housing support are resolved.
An order is passed to remove the serviceman from the lists of the military unit.
On the last day of service, the serviceman is paid the required payments and compensations, and documents are issued.

When terminating service at the end of the contract, drawing up a report is not necessary.

It has been established who has the right to dismiss a serviceman:

senior officers are dismissed by presidential decrees;
colonels, captains of the 1st rank, employees transferring to serve in internal affairs bodies - heads of bodies in which military service is provided;
other military personnel - officials who are authorized to appoint military personnel to military positions;
early dismissal of junior officers is carried out by the commander-in-chief of the branch of the RF Armed Forces, the commander of the troops of the military district.

Review of the report by the commission and adoption of a final decision

The commander is obliged to submit the serviceman's request for consideration by the certification commission. If he does not do this, the citizen has the right to appeal against his inaction in court and by contacting the military prosecutor's office.

A commission consisting of deputy unit commanders, representatives of unit commands, a lawyer and a personnel department employee reviews the contract soldier’s appeal within a period not exceeding 7 days. During the analysis of the situation, the position of the person who wants to resign is heard.

The submitted appeal and documentary evidence must be objectively examined, on the basis of which the commission is obliged to make a reasoned decision. The position of this advisory body is advisory in nature.

The final decision is made by the commander. A situation is possible when the commission rendered a verdict to satisfy the contract employee’s request, but the dismissal order was not issued.

The final decision resulting in the termination of the contract must be made within a reasonable time. But the legislation does not contain a formulated provision on the period during which the commander, who has the authority to terminate the contract by order, must satisfy or deny the request of the contractor.

Therefore, the process of terminating obligations is often deliberately delayed.

What payments are due?

One-time benefit.

less than 20 years – two salaries;
over 20 years – seven salaries.

The amount of one salary consists of monthly payments for the position held and military rank. Regulated by Federal Law of the Russian Federation No. 306-FZ and Order of the Ministry of Defense of the Russian Federation No. 2700.

Award for conscientious performance of duties. Up to 25% of salary, no more than 3 salaries per year.

Material aid. Paid annually to military personnel in need of assistance in the amount of one salary, in accordance with clause 22 of Art. 2 Federal Law of the Russian Federation No. 306-FZ. Upon dismissal, you can receive this payment if it was not issued in the current calendar year.

Compensation for unused vacation. Upon dismissal, a citizen has the right to receive payments for the remaining days of vacation. The amount of compensation for one day is: the amount of payments for the last year divided by the number of days of this year. The result obtained is multiplied by the number of days of unused vacation.

Compensation for clothing allowance. A serviceman receives clothing allowance once a year (RF PP No. 390). If it was not received at the time of dismissal, the citizen may be paid compensation equal to the amount of the value of the unissued items.

A complete list of such grounds is given in paragraph 4 of Art. 3 Federal Law of the Russian Federation No. 306-FZ.

On the initiative of the unit command

Not only the serviceman himself, but also the command of the unit where he is serving can terminate the contract. The list of grounds on which a contract can be terminated early at the initiative of the commander is itself provided for in Art. 51 Federal Law “On military duty and military service”. It includes both culpable actions (for example, committing a crime) and organizational issues (for example, the elimination of a position).

Conducting an attestation commission

The procedure for conducting the commission is approved by paragraphs. 3 The procedure for organizing and conducting certification , which was approved by order of the Ministry of Defense of the Russian Federation No. 444 of 2012. According to its norms, no later than 14 days before certification, a certification sheet is drawn up by the immediate commander of the military personnel. Its design and procedure for filling out are approved by Appendix No. 1 to the Procedure.

The dismissed military man himself has the right to familiarize himself with the contents of the sheet and provide the commission with additional information and documents relating to his official activities in his position. In addition, he has the right:

express disagreement and appeal the results of the commission;
attend its meetings.

The commission examines how justified the grounds for dismissal of a serviceman indicated in the sheet are. Commission meetings are held at no lower than battalion level .

The composition of the commission is determined by order of the head of the unit. The commission includes:

Chairman _ They are assigned one of the deputy commanders.
Secretary . It can be any officer of the unit.
Members of the commission are deputy commanders, as well as representatives of the personnel and legal departments, commanders of units, educational authorities.
Other persons whose participation is required as a matter of fact.

Based on the results of the meeting, the commission draws up a conclusion. It is prepared by the secretary, signed by all members of the commission and entered into the certification sheet.

Attention! Responsibility for the correctness of the certification and for the validity of its implementation lies directly with the unit commander.

Familiarization with the commission's conclusion

The certification sheet with the conclusion of the commission is communicated to the military no later than 10 days from the date of the commission. In this case, the certified person must put his signature on an original copy of the sheet. If desired, the serviceman can receive a copy of the sheet.

If the dismissed military man does not agree with him, he can appeal the document both at the instance (that is, to a higher commander) and in court, by appealing to the appropriate military court. The period for appeal is one month.

If the serviceman refuses to sign the document, then a special note is made about this on the sheet (“Refused to sign” or similar).

What to do if they don’t fire you and you don’t want to serve?

Reasons for refusing to dismiss a serviceman may be:

refusal to recognize the grounds for termination of service as valid;
incomplete set of documents for recognition of the basis;
failure by the certification commission to recognize the reasons for dismissal on the initiative of the commander as sufficient.

In case of refusal of dismissal and an unauthorized delay in reviewing documents or issuing an order, the serviceman may appeal to the court or the military prosecutor's office.

The procedure for dismissing military personnel differs from the procedure for terminating employment relations and is regulated by separate regulations. Leaving the Armed Forces is possible only for valid reasons ; the initiators can be a serviceman or his commander. The choice of basis is important for maintaining benefits and future employment.

It is known that military personnel often live purely according to their own internal rules, which have little correlation with what is customary in civilian life. There, relations with the employer are regulated by the Labor Code, but in the army they rely on it only partially.

So their dismissal does not happen at all like from a regular job. How to terminate a contract in the army? Let's find out.

We are drawing up a report for dismissal from the ranks of the RF Armed Forces
The procedure for considering a report on the dismissal of a military personnel
Grounds for terminating a contract in the army
Payments due to a military personnel upon dismissal One-time payment
Award for conscientious performance of duties during service
Benefit issued when a military person is declared unable to serve for health reasons

Not everyone understands the difference between contract service and regular work. But dedicating oneself to military service imposes both a number of advantages and a number of restrictions.

Consequences

Dismissal for reasons not related to violation of the terms of the contract and other negative circumstances does not carry any negative consequences for the citizen. Termination of service due to health reasons, general medical conditions or reaching the age limit allows you to retain all social and pension benefits.

If a serviceman is dismissed due to fault, he is deprived of additional payments , compensation and benefits. Moreover, in this case, a citizen cannot:

resume service;
work in government agencies;
find a job in the law enforcement or military department.

To avoid this, lawyers advise:

find another basis for dismissal;
challenge the decision of the commission and the commander with higher command or in court;
contact the military prosecutor's office.

We are drawing up a report for dismissal from the ranks of the RF Armed Forces

Expert opinion

Kuzmin Sergey Yaroslavovich

Lawyer with 8 years of experience. Specializes in the field of civil law. Legal expert.

At the moment, you can terminate a contract in the army at your own request only if there are good reasons for this. In this case, a special certification commission will consider the possibility of dismissal.

It should be noted that the list of such reasons is not listed anywhere by law, so when dismissing, it is worth writing in the report about the real reasons that prompted you to interrupt your service. And they will be considered by the commission at its discretion.

The report requires the following information:

Personal data of the person undergoing military service;
The resignation letter itself;
State the reason;
Information about the military unit to which the contract soldier is assigned;
Full name of the commander to whom the petition is being written;
Length of service;
Is service housing used?
Request for provision of payments and benefits upon dismissal.

How to write a report correctly?

The desire to terminate service in the Armed Forces of the Russian Federation, according to the law, must be formalized in the form of a report in writing. It is submitted to the officer or commander who is responsible for personnel records management.

The report is analogous to the application that civilians submit when they want to resign from their place of employment. The Disciplinary Charter of the Armed Forces of the Russian Federation (Article 106) contains requirements for drawing up a report.

The document has a free form, no specific template is provided, but it must contain the following information:

personal information about the person leaving;
information about the officer or commander of a military unit who deals with personnel issues;
request for early dismissal;
the reasons on which military service is terminated (it is advisable to indicate two circumstances);
a request to consider the report by the commission;
a request to undergo a medical examination or refusal of it;
request to transfer your personal file to the military registration and enlistment office;
list of required documents;
date and signature.

One copy must remain with the serviceman. In the future, it can serve as evidence if the commander refuses to hand over the report to the commission.

It's fast and free!

Expert opinion

Semenov Alexander Vladimirovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Dear readers! To solve your problem right now, get a free consultation

— contact the duty lawyer in the online chat on the right or call:

The procedure for considering a report on the dismissal of a military personnel

If you decide to terminate your contract in the army, then you should know what will happen after this.

After submitting the report, you will need to rent out the previously provided housing if it is approved. Failure to comply with the requirement may result in forced eviction.

According to the law, the report itself can be considered for 30 days; the military man will be notified in writing of the decision.

It should be noted that as such there is no practice of dismissal at will, but it is unlikely that they will retain a military man against his will. If the person who submitted the report does not agree with the decision of the commission, then he can try to challenge it in the military garrison court or the military prosecutor's office.

Grounds for terminating a contract in the army

A positive decision on whether it will be possible to terminate a contract in the army is formed on the basis of valid reasons for termination of service. So, you can be fired if:

The terms of the contract are grossly violated. Moreover, there must be proven systematic violations on the part of the serviceman;
The military salary he receives does not allow him to adequately provide for himself and his family;
For family reasons (to care for seriously ill close relatives with whom it is not possible to live nearby, if it is impossible to provide for the duties of a guardian and some other reasons);
Due to the state of health, the verdict on this is made by a medical commission;
The religious views of the military man changed during his service and, in accordance with them, he can no longer serve in the army;
The serviceman believes that his current position does not fully reveal his potential, and a promotion cannot be expected;
If a close military relative died, which made further service impossible;
When moving to the highest elected position, occupying a high position in public administration;
Other valid reasons at the discretion of the certification commission.

Reasons

According to the age limit. Dismissal on this basis means that at the end of the contract with a soldier serving under a contract, it is not expected to be extended due to the citizen reaching a certain age:
colonels and captains of the 1st rank - 50 years;
generals and vice admirals - 55 years;
admirals, marshals, senior ranks of generals - 60 years.
For health. This basis allows you to retain all due payments and benefits. Before writing a report on dismissal, a serviceman should undergo a military examination and obtain a medical certificate confirming the presence of:
- war trauma;

The list of diseases is defined in the Regulations on Military Medical Examination, approved by Decree of the Government of the Russian Federation No. 565. Depending on the severity of the disease, a serviceman is assigned a category, on the basis of which the citizen is transferred to the reserve or resigns.

At the end of the contract. The service relationship is terminated automatically. If a citizen wishes to continue military service, he is obliged to notify the command four months before the expiration of the contract. He is entitled to all basic and additional payments.
For other reasonsthat impede military service:
Loss of trust in a serviceman - the grounds are listed in paragraphs. "d. 1" and "d. 2" art. 51 Federal Law of the Russian Federation No. 53.
Election as a deputy.
Changing citizenship of subordinates. If the position can be filled by employees with the rank of sergeant major and below, the decision is made at the discretion of the commander.
At the initiative of the commander. Regulatory acts allow the dismissal of a subordinate for the following reasons:
abolition of the position of military personnel;
refusal to obtain access to state secrets or deprivation of access;
court verdict of suspended imprisonment for a reckless crime;
violation of the requirements related to military service provided for in paragraph 7 of Art. 10 and art. 27.1 Federal Law of the Russian Federation No. 76;
refusal to take drug tests;
committing an administrative offense related to drug use.
For non-compliance with the terms of the contract by military personnel. Early dismissal is provided for persons who have committed gross violations of the conditions of service. The commander can terminate the contract with a subordinate who has committed misconduct repeatedly. Termination of an official relationship is possible in two ways:
based on the results of the certification commission.
At your own request. To terminate a contract on this basis, valid reasons are required, which include:
- moving to permanent residence abroad;
relatives of a serviceman require constant care, which only he can provide;
complicated pregnancy of a military personnel;
the spouse is transferred to serve in another area;
obtaining a government position;
inconsistency between the position and the education received.

The circumstances for dismissal at will can be directly stated in the law (clause 3 of article 51 of the Federal Law of the Russian Federation No. 53). If the circumstances are not specified in the law, but interfere with the performance of service, you need to obtain the conclusion of the certification commission (clause 6 of article 51 of the Federal Law of the Russian Federation No. 53). The final decision is made by the commander. He has the right not to terminate the contract with the employee even if there is a commission conclusion (clause 46 of the PPVS dated May 29, 2014, No. 8).

Regardless of the grounds and initiator of dismissal, the decision is made by the unit commander.

Payments due to a military man upon dismissal

We have explained how you can resign from the army under a contract; now we will look at what preferences are available when leaving service.

For faithful and good service in the Armed Forces of Russia, the performance of military duties, and upon dismissal, the state provides a number of incentive payments for the serviceman and his family.

One-time payment

The amount that a soldier will be paid depends on his length of service. So, if a military man has given up to 20 years to his homeland, he will be paid a one-time benefit in the amount of 2 times his monthly salary. However, if a military man has served for more than 20 years, then he can count on a significantly more generous remuneration of 7 salaries.

Award for conscientious performance of duties during service

This opportunity to encourage contract military personnel appeared in 2011, when Resolution No. 993 came into force.

The size of this bonus consists of a number of factors, according to the assessment of the military’s performance during military service. Its maximum amount is 3 months' salary.

Benefit issued when a military person is declared unable to serve for health reasons

If a serviceman’s health has deteriorated significantly and he cannot serve in the future, then he should submit a report to the command. After this, he will undergo a military medical commission, which will make a conclusion about how much the identified diseases interfere with further service.

If declared unfit, a military man can count on another benefit, the amount of which depends on length of service:

Up to 10 years – 5 salaries;
10-15 – 10 salaries;
15-20 – 15 salaries;
20 and more – 20 salaries.

However, all payments may be deprived if a military man leaves for an unjustifiable reason, for example, due to a gross violation of the terms of the contract.

How to terminate a contract in the army at your own request? Contract military personnel, in fact, do not quite belong to the standard concept of “employee”, since their relations with the employer are regulated by the Labor Code of the Russian Federation only partially (in those aspects that are not specified in any special acts and regulations on military service).

That is why questions and disputes often arise regarding the responsibilities, capabilities and rights of an employee. In many ways, these concepts are different compared to civilians, both in terms of limitations and benefits.

For example, the question often arises among employees about how to terminate a contract in the army at their own request. Legal protection of military personnel is one of our areas of activity.

When is the contract considered completed?

Contract soldiers are accepted into the ranks of the Russian army for the following periods:

One year;
Three years;
Five years;
Ten years;
period limited by age limit (from 45 years);
indefinite period (up to 45 years);
less than 12 months in cases of emergency.

When is the subsidy available for military personnel?

Upon expiration of the period for which the agreement was drawn up, the military unit is removed from the lists. The exclusion process occurs simultaneously with the onset of the last day of service, except in the following cases:

being on maternity leave or childcare leave;
stay in hospital treatment;
participation in long swimming;
disappearance before being declared missing or dead;
capture by enemy troops, hostage-taking, participation in an armed conflict on the territory of another state;
being in custody in a guardhouse or under the supervision of the unit command.

Important : dismissal after the expiration of the contract is applied when there are no other grounds for leaving (committing disciplinary offenses, being declared unfit for service in the armed forces).

Payments and benefits for contract workers