Is it possible to hire an employee without a military ID?

To carry out employment, personnel services, in addition to a whole list of appropriate documents, require a man to provide a service record, however, many young people are still concerned about the question of whether it will be possible to be hired without a military ID in 2021, whether there have been any changes in this resolution and what to do if such a document is missing.

Faced with certain difficulties when enrolling in the workforce, men really do not know how to get out of this situation in the most favorable way. Is this even possible and what legal “loopholes” exist with which you can find a job, even if you don’t have a WB on hand, our material will tell you.

Is it possible to get a job without a military ID in 2021?

According to Article 65 of the Labor Code of the Russian Federation, a military ID is included in the list of documents required to be provided for employment. At the same time, the employer does not have the right to refuse to hire citizens who do not have a track record, but, of course, provided that there are no other objective reasons for not hiring them.

In reality, labor organizations are reluctant to take on such applicants, since the employer may later have a number of problems, which we will talk about in more detail a little later. However, not a single personnel service will reveal to a potential hired worker the true reason for refusal of employment, if in fact it lies in the absence of a so-called military member. And all because in the current situation, the young man has every right to file a complaint with the labor inspectorate for the purpose of further proceedings.

How to apply for a job without a military ID in 2021

If a similar situation arises, when an organization refuses employment, explaining its decision by the lack of a military ID, the applicant can take several paths to achieve the desired goal:

• file a formal complaint with the labor inspectorate;
• file a lawsuit;
• receive a registration certificate or military ID.

Of course, you can achieve acceptance into a workplace in any of these ways, but the best option is to obtain a military registration document, since its availability is of great importance not only in the matter of employment, and in the future it can play a decisive role in certain areas of life. In addition, issuing a military ID and issuing it in person will require much less time than applying to the same court with subsequent trial.

In order to receive such a document, you must:

• join the army;
• enlist in the reserves without further military service (subject to the presence of health contraindications or circumstances that provide a deferment: obtaining an education, having dependent disabled relatives, young children or a disabled child, etc.);
• obtaining higher education at a military university: upon graduation from such an educational institution, the young man is not only given a military ID, but is also awarded the rank of lieutenant.

How can a citizen get a job without a military ID?

There are ways to get a job without having a document. The legislation on this issue is ambiguous. The personnel department must provide information about those liable for military service, but the absence of a “military soldier” cannot become the main reason for refusal to hire, being a violation of rights.

Employers who are afraid of accusations and possible claims often indicate other reasons that allow them to consider their negative verdict to the applicant not unfounded.

Otherwise, an applicant for a vacancy will be able to write a complaint, reporting the offense to the labor inspectorate, file a lawsuit, or apply to all authorities at the same time. The probability of winning the case is quite high. However, victory is not always worth the money, time, and nerves spent.

Penalty for hiring without VB

Any labor organizations are directly responsible for hiring citizens who have not provided a military ID. For violation of labor legislation, the employer is punished in the form of an administrative fine:

• paragraph 3 of Article 21.4 of the Code of Administrative Offenses of the Russian Federation provides for the payment of a fine in the amount of up to 10 minimum wages;
• in accordance with Article 5.27 of the Code of Administrative Offenses of the Russian Federation, the employer is obliged to pay a fine, the amount of which varies: for individual entrepreneurs the monetary payment ranges from 5 to 10 thousand rubles, for officials - from 10 to 20 thousand rubles and for legal entities - from 50 to 100 thousand rubles .

Military ID and work

We can say with great confidence that hiring without a military ID for a large enterprise or organization is almost impossible. Companies are concerned about their reputation, so they will not break the law again, especially in a situation where it is possible to hire an employee with a military ID.

Read more about how to get a military ID if you have not served.

You won’t be able to get a job in the civil service either – in this case, document verification will be even stricter.

How to get a job without a military ID? Only unofficially! Some employers allow unofficial registration, because this allows them to obtain labor, but not pay taxes for the employees.

But for the employee, the only advantage of such employment is that he does not need to provide a military ID. Otherwise, there are continuous disadvantages:

• “gray” salary;
• lack of sick leave;
• no payments when taking vacations;
• the employer can cheat with the salary;
• no guarantees for the protection of labor rights - without an employment contract, it will be almost impossible to prove in court that you work for a person;
• length of service is not accrued, etc.

As you can see, it is better to have a military ID in hand and work normally than to look for “murky” and unreliable schemes for earning money.

Why does an employer need a military ID?

With the help of a military ID, an employer can make his work much easier:

• the ticket indicates the man’s fitness category, which means there is no need to fully check the employee’s health to ensure his suitability for work;
• the military ID confirms that the job applicant did not evade the army, which means he has no problems with law enforcement agencies on this issue;
• Hiring a man who has not provided a military ID will subject the employer to a fine.

By law, any organization must report to the military commissariat about its employees liable for military service.

Responsibility for hiring without a military ID

For failure to comply with the requirements of the law and hiring a person without providing a military ID, the employer may be subject to administrative liability. Yes, Art. 5.27 of the Code of Administrative Offenses says that if the requirements of labor legislation are not observed, the employer may be subject to a fine in the amount of:

• from 1000 to 5000 rubles for employees of the organization responsible for the violation;
• for individual entrepreneurs from 1000 to 5000 rubles;
• from 30,000 to 50,000 for a legal entity.

If the offense is committed a second time, the fine increases.

In addition, for failure to provide information to the military registration and enlistment office about employees who are or should be registered with the military, the employer is also subject to administrative liability on the basis of Art. 21.4 of the Administrative Code, according to which he will have to pay a fine in the amount of 300 to 1000 rubles.

Responsibility for the absence of a military ID

All men must be registered with the military and have a military ID in their hands (if they have served or are not subject to conscription).

The absence of a military ID can be regarded as an attempt to evade military service, for which criminal punishment is imposed, and, according to Art. 328 of the Criminal Code of the Russian Federation, a man faces the following for this:

• fine up to 200,000 rubles;
• a fine in the amount of salary or other income for 18 months;
• forced labor for up to 2 years;
• arrest up to 6 months;
• prison term up to 2 years.

This article is applicable in cases where a man received a summons to the military registration and enlistment office, but ignored it. If there was no summons, then the man cannot be recognized as a draft dodger and he needs to write a complaint about this fact to the military registration and enlistment office, indicating in it the requirement to issue a military ID (if you are already 27 years old). If a man is not yet 27 years old, then to obtain a military commission he will have to serve.

If a man does not have a military ID in his hands due to the loss of the document or its damage, he also faces liability under Art. 21.7 Code of Administrative Offences. The article provides for punishment in the form of a fine from 100 to 500 rubles.

What is the responsibility for hiring without a VB?

The employer's requirements to present a military ID when applying for employment have legal grounds, which is confirmed by the information contained in Article 65 of the Labor Code of the Russian Federation. It sets out a clear list of documents required to be provided to personnel services, and a separate item indicates the need to attach a registration certificate or military ID to the package of documents.

Most often, in the absence of such a document, the employer decides to refuse employment without disclosing the true reason. However, if an organization employs such a citizen, it violates labor laws, which entails punishment in the form of an administrative fine. Firstly, the very fact of concluding an employment contract with an employee who does not have a military ID is already a violation of law and order (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). Secondly, when enrolling young people into the workforce, the organization is obliged to provide the relevant information to the military registration and enlistment office, and since there is no military registration document, it will be impossible to fulfill this requirement. Failure to provide the necessary information to the military commissariat is also an offense for which the employer will have to pay another fine (clause 3, article 21.4 of the Code of Administrative Offenses of the Russian Federation).

The following types of violations are distinguished:

• failure to notify the military commissariat that an employee who is subject to military registration was employed in a particular organization;
• failure to send within the prescribed period in response to a request from the military registration and enlistment office all the necessary information about persons subject to military registration;
• failure to provide a list of persons who are expected to reach their seventeenth birthday in the coming year;
• failure to notify the hired worker of the summons, as well as failure to provide him with the opportunity to appear at the place indicated by the military commissariat.

Every year, the employer is obliged to inform the military registration and enlistment office about young people whose age will reach 17 years next year. Such information is submitted until November 1 inclusive.

Responsibility for the employment of persons liable for military service without military registration documents

Every employer is required to know how applicants are hired in accordance with the labor legislation of the Russian Federation, whether it is possible to employ citizens liable for military service without a military ID, and what liability is provided for violation of the Labor Code of the Russian Federation.

The requirement of personnel officers of organizations for men applying for jobs to provide a military ID has legal grounds. This is stated in the Labor Code of the Russian Federation (Article 65). This regulatory legal act approves a list of documents that a citizen is required to provide when applying for employment to the personnel department of the employing organization. A separate paragraph in the article of the labor code states that the established category of citizens additionally provides a military ID or registration certificate.

Most employers do not hire citizens liable for military service without military ID, while citing a completely different reason for refusing employment. If an organization employs such an employee, it means that it has violated the current labor legislation of the Russian Federation and, accordingly, must incur administrative punishment in the form of a fine.

As a rule, the very fact of signing an employment agreement with an employee without having military registration documents is already a violation of law and order (Administrative Code of the Russian Federation, Article 5.27).

And also after enrolling a citizen liable for military service on his staff, the employer is obliged to provide the relevant data to the local military registration and enlistment office. Accordingly, in the absence of a military ID, this requirement cannot be fulfilled.

An employer who fails to provide the necessary information about his employee to the commissariat also bears administrative liability in the form of a fine (Administrative Code of the Russian Federation, Article 21.4, paragraph 3).

Violations in the employment of citizens for which the employer is held liable in accordance with current Russian legislation:

• Failure to notify the military registration and enlistment office about the hiring of a citizen liable for military service who is subject to military registration;
• Failure to respond to the military registration and enlistment office to the requested data on military personnel within the prescribed period;
• Failure to provide a list of workers subject to conscription who turn 17 next year;
• Failure to notify a working age worker of a summons from the military commissariat, incl. obstructing his appearance at the place indicated by the military registration and enlistment office.

Each employer is obliged to annually submit to the district military registration and enlistment office information about the presence of young men of pre-conscription age on its staff, i.e. who are due to turn 17 next year. This data must be submitted to the military institution before November 1.

Why do you need a military man for employment?

When concluding an employment contract, an organization employing a citizen of the Russian Federation is obliged to submit the relevant information to the military registration and enlistment office. It is worth noting that managers who hire a young person who has no track record on their staff are putting themselves at risk, because if such a fact is discovered, they will have to bear administrative punishment.

In this regard, labor organizations most often refuse to provide jobs to persons who do not have a military ID. The reason lies in the reluctance not only to take responsibility, but also to train and prepare those employees who can be recalled to the army at any moment. As a rule, the employer does not state the true reason for his refusal, since the applicant can file a complaint with the labor inspectorate and even in court.

A military registration document is not only a military ID or a certificate issued instead (as a rule, such official paper is in the hands of citizens liable for military service who are in the reserves). If we are talking about a conscript, then he can present a certificate of a citizen heading for military service. In some cases, the applicant provides a certificate from the military registration and enlistment office, and labor organizations are obliged to accept it: a similar document is issued to citizens of Russia liable for military service who have reached the age of twenty-seven, but have not completed military service for certain reasons. This certificate becomes a full replacement for a military ID.

Who can be admitted without a ticket?

Article 65 of the Labor Code of the Russian Federation quite clearly sets out the list of documents required to be presented to the employer upon employment. These include: a passport or any other document that proves identity, a work record book, education documents, an insurance certificate, a certificate of absence or criminal record, as well as an official document confirming the fact that the person being received does not use narcotic or psychotropic substances . This list also includes a military registration document, which any personnel service will want to see.

However, there are exceptions for individual applicants, according to which it is not necessary to provide a military ID. The categories of such persons include:

• women;
• men whose age exceeds 60 years (such persons should not have a rank implying military duty);
• minor citizens;
• persons with foreign citizenship.

Military ID and law

According to the Federal Law “On Military Duty and Military Service,” men aged 18 to 27 years are liable for military service and must serve in the army. As a result, upon completion of service, the man will be issued a military ID.

A military officer can be issued in other cases, without actual military service, for example:

• if a young man has a non-conscription illness, in this case the young man can be sent to the reserves or receive fitness category D (absolutely unfit for service);
• after the death of a close relative (father, brother), who died as a result of their military service or received a fatal disease while serving in the army - in this case, the young conscript has the right not to serve in the army, etc.

The military ID indicates the reasons for its receipt, as well as the fitness category and the article on the basis of which it was assigned such a fitness category. The list of diseases that are important for determining the fitness category is defined in the Schedule of Diseases.

Read more about what people are not allowed into the army with in our article.

The procedure for official employment is regulated by the Labor Code. In Art. 65 states that when hiring, the employer must request from the new employee:

• identification document;
• work book;
• education document;
• military ID;
• SNILS;
• insurance policy;
• criminal record certificate.

In some cases, this list may be supplemented with medical documentation (for example, for catering workers).

As you can see, if, when answering the question “whether they hire you without a military ID,” you focus only on the law, then the answer will be negative. But not in all cases the employer strictly follows the requirements of the legislator.

Who should not be hired?

There is a category of people who are strictly prohibited from being employed if they do not have a military ID. These include:

• citizens liable for military service, that is, men of military age (18-27 years): when providing a military ID, the employer draws up an official report on the employment of a person liable for military service, and then sends this paper to the military commissariat;
• men whose age has exceeded 27 years: despite the fact that the conscription period for these persons has already ended, they are required to present the appropriate document, on the basis of which a personal card is drawn up, which contains all the instructions on military registration;
• citizens from 50 to 65 years of age who are in the reserve, but at the same time have a certain rank, which implies that they are in the reserve.

It is strictly forbidden to hide the existence of a title, since notification of this is a legal requirement; accordingly, if it is violated, the applicant will be held accountable with subsequent administrative punishment.

Where else might you need a military ID?

Registration for work is not the only case when a military ID may be required. In addition, the document is required when:

• registration of marriage/birth of a child/divorce, etc. in the registry office;
• registration at place of residence;
• obtaining permission to purchase and store weapons;
• obtaining a foreign passport;
• obtaining a visa to travel to a foreign country;
• medical registration;
• sometimes - receiving a parcel at the post office;
• obtaining a loan and mortgage from a bank (in some cases, a military ID may not be required), etc.

As you can see, employment without a military ID is not the only problem for those who do not have this document. In fact, a man may be deprived of many other opportunities and privileges.

When performing actions that require a military ID, without this document, specialists from the organizations to which the man applied are also required to notify the military commissariat about this person. For example, when registering a marriage, a civil registry office employee must send a corresponding notification to the military commissariat. If this requirement is not met, an administrative penalty may be imposed on the civil registry office employee under Art. 5.27 or Art. 21.4 Code of Administrative Offences.

What to do if they don’t hire you without a military member?

The law adopted by the Russian government on the employment of an applicant without a military ID is quite ambiguous. On the one hand, any labor organization is obliged to inform the military commissariat about the hiring of a young man of military age. On the other hand, the employer has absolutely no right not to hire a person who has applied for employment and at the same time does not have the appropriate document in hand, that is, a military ID. If the labor inspectorate contacts its representatives, this may be perceived as an unfounded refusal, which is regulated by Article 64 of the Labor Code of the Russian Federation.

It is for this reason that most often the employer does not give a true justification to the applicant for not hiring him for the available vacancy. In case of official notification of a potential employee about a refusal of employment due to the lack of a military registration document, the applicant has the right to turn to the labor inspectorate for help. By drawing up an appropriate complaint and submitting it for consideration, you can count on the fact that the truth will be on the side of the citizen who wants to get a job. As an alternative, you can go straight to court. In addition, the applicant can file a complaint simultaneously with both of these authorities.

However, obtaining a military ID is the most acceptable option, which will open the way to any organization. It can be issued in the following cases:

• military service;
• assigning a man a category of unfitness for enlistment in the army;
• receiving education at one of the military departments.

If for some reason a citizen has not been called up to the military registration and enlistment office, and he is already 27 years old, he is obliged to independently contact the military registration and enlistment office, undergo the necessary medical examination, and then provide an explanatory paper.

What pages of a military ID should be in an employee’s personal file?

The procedure for maintaining personnel records is periodically checked by the state in order to establish its compliance with the standards adopted by law. The central body that controls these issues is the labor inspectorate. It is she who checks the personal files of all employees, in which, in addition to the main list of documents, a copy of the military ID is filed.

This paper must contain the following information:

• verdict of the draft board;
• information about military service;
• rank mark;
• awards data;
• information about injuries;
• marks of presence in the reserves or at military training;
• data on military registration or deregistration;
• information regarding anthropometry.

Every employee of the personnel department should keep in mind that there are two types of military tickets during employment: those that are received upon completion of training at military departments (we are talking about a reserve officer’s ticket), and also those that are issued in the military units themselves. Information is located in them differently, for this reason it is necessary to exercise extreme care, which will help to avoid administrative penalties for not having a military registration document when applying for employment.