Dismissal from military service due to general military training in 2021

Serving under a contract in the RF Armed Forces provides a special list of grounds for dismissal at the initiative of management or a serviceman. The implementation of organizational and staffing measures (OSM) is partly associated with the reduction of individual positions or entire structural units. In this article, we will consider the procedure for dismissing a military personnel under the general military order, and the possible legal consequences for the citizen.

What it is

Carrying out military operations in military structures is a common practice and does not always entail the dismissal of citizens from service. The law distinguishes cases when the possibility of dismissal will depend on the decision of the unit command, or an obligation to terminate the contract arises. When conducting operations, the command has the right to use the following options:

place the citizen at his disposal for a period of up to 6 months - in this case, the serviceman retains all types of salary, although his position will actually be reduced;
transfer a citizen to a higher or lower position - this option is allowed only with the consent of the serviceman expressed in the report;
transfer an employee to an equivalent position - in this case, the citizen’s consent is not required, and judicial practice allows transfer even to another locality.

Note!
Immediately after the reduction of a position according to the general management, a citizen has the right to submit a report on termination of the contract. However, until the period of stay at the location expires, the commander has the right to refuse to satisfy the report. In practice, it is possible to satisfy the report before the expiration of 6 months if the serviceman reaches the age limit for serving, or the command knows in advance that it will be impossible to offer another position in the general education department. In this case, the report is reviewed by the certification commission, after which dismissal occurs by order of the unit commander.

The obligation to dismiss a serviceman in the event of an OSH arises only after 6 months have passed from the date of issuance of the order to release him. If the commander refuses to make such a decision, his actions can be challenged through the military prosecutor's office or in court. We will describe the dismissal procedure below.

Sample report on dismissal according to OSHM

What payments are due to a military personnel?

The actions of management to reorganize and liquidate certain parts of the system are certainly legitimate. Adapting to current goals and objectives, with the help of a set of measures, the army changes the number of both employees and positions.

Early dismissal implies financial damage, so people need help while looking for a new source of income. You can find out what a serviceman is entitled to upon dismissal under general military service from the federal laws of the Russian Federation (Articles 15 and 23 “On the status of military personnel”).

They define possible reasons for dismissal and types of compensation. Let's take a closer look at what awaits someone who is fired due to an OSH.

One-time benefit

When calculating a one-time redundancy benefit in connection with military service, the key factor is the total length of military service.

How much money an officer will receive is determined by the following ratio:

if the length of service is less than 20 years, the army employee will receive two allowances;
seven allowances are given to those who have served 20 years.

The benefit is calculated based on the salary in the last position.

Payment will be denied to those who have been deranked, convicted, or who have violated the terms of the contract.

Prize

Payments upon dismissal for organizational reasons include a bonus. It is issued along with a one-time allowance in the amount established by order of the commander.

The bonus should not exceed 25% of the employee’s salary under the contract.

Bonuses are not applicable:

those who have committed disciplinary violations;
those whose professionalism and physical condition were assessed as unsatisfactory during the inspection;
who caused damage to the state due to financial or economic violations.

Compensation

The state provides financial assistance to support those who have been laid off due to OSH. It is accrued once a year according to the position of the serviceman and his salary.

The following cannot count on financial assistance:

who have lost their military status;
deprived of their title by a court decision for a certain period of time;
those convicted of unintentional or intentional criminal acts;
violated contract requirements;
those who have lost or been denied access to state secrets.

The state takes care not only of those laid off, but also of their family members.

Citizens are entitled to support in employment and social security, they:

can, as a matter of priority, count on getting a job in their specialty;
have an advantage in case of possible staff reduction in the organization;
receive places for children in educational institutions and vouchers to health camps.

Payment of salary

In the event of a reduction in the General Staff without the right to a pension and the possibility of transfer to another unit, payment of salary according to military rank is provided for one calendar year. The size of this salary is determined and regularly increased by the Government of the Russian Federation.

In addition, if during the current period the salary is indexed by the state, the serviceman will begin to receive an increased amount.

Trying to insure in case of a lawsuit, the bosses ask the person being dismissed due to the OSH to write a report. This document confirms the citizen’s agreement with the terms of dismissal.

Expert opinion

Irina Vasilyeva

Civil law expert

Violations of the rights of those dismissed under OSHM occur in practice. Those who are faced with this need to correct the situation: study the issue themselves or contact a lawyer.

How does dismissal happen?

If the period of possession has expired, the serviceman’s report on termination of the contract must be satisfied. When carrying out this procedure, the following rules will be taken into account:

if the length of service exceeds 10 years, a citizen cannot be dismissed under the general labor force without the provision of housing in accordance with regulated standards - as an alternative option for purchasing housing, payments and a military mortgage can be provided through the RF Ministry of Defense);
if a citizen retires with more than 20 years of service, he acquires the right to all types of payments, benefits and compensation that are due upon enlistment in the reserves, including receiving housing from the Russian Defense Ministry or a military mortgage;
Until the serviceman is provided with the required payments and housing, the contract with him cannot be terminated - for the entire period of payment, the citizen will be listed at the disposal of the unit while maintaining his monetary allowance.

Note! The calculation of length of service is carried out by the unit command based on personal file information. The serviceman must be informed about his length of service at the same time as the order.

The exact composition of the payments that a serviceman can count on under general military training will be indicated in the order of the unit commander, and depends on the number of calendar and preferential years of service. You can check the correctness of the calculation by reading the materials of your personal file.

Information about the reasons for termination of the contract will be indicated in the serviceman’s personal file, which is sent to the military commissariat at the place of residence. In the future, a citizen will be able to again enter into a contract with the RF Ministry of Defense if the age limit for military service has not reached.

Read also: How to correctly draw up a report on voluntary dismissal for military personnel?

Dismissal due to general medical insurance: what will I be entitled to?

Hello,

In connection with your dismissal due to general military service, you will be entitled to payments in accordance with the Federal Law “On the Status of Military Personnel”:

1. Receiving a one-time benefit.

It is not the same and varies depending on length of service. The law establishes the following ratio: less than 20 years - two salaries, more - seven similar salaries. It is worth recalling that such a salary consists of two parts: salary according to rank and position and the minimum is 15,000 rubles.

2. Improving living conditions.

Here, according to the norms of the law, a military man who has served ten years or more, who needs housing, that is, is on a special register, cannot be dismissed under the OSH without providing him with housing or a subsidy.
As you correctly noted, you will be taken out of state until you receive the right to housing or monetary compensation for its purchase (subsidies)
3. Payment for rent of residential premises,

if it has not been provided within the previous paragraph. As of 2015, for those living in Moscow and St. Petersburg it is equal to 15,000 rubles, in other cities – 3,600.

4. Additional payments.

Military personnel with less than 20 years of service, discharged under the general military service, but not entitled to a pension, must receive a salary according to rank on a monthly basis for a year from the date of dismissal.

Regarding the latter, the following payments are provided:

— Military personnel - citizens upon dismissal from military service upon reaching the age limit for military service, health conditions or in connection with organizational and staffing events are paid a one-time allowance for the total duration of military service

(paragraph as amended, put into effect on November 15, 2003 by Federal Law of November 11, 2003 N 141-FZ - see previous edition): *23.3.1)

less than 10 years - in the amount of 5 salaries;

from 10 to 15 years - in the amount of 10 salaries;

from 15 to 20 years - in the amount of 15 monthly salaries;

20 years or more - in the amount of 20 monthly salaries.

The amount and procedure for paying the one-time benefit specified in this paragraph to citizens dismissed from military service for other reasons are determined by the Government of the Russian Federation.

— Military personnel - citizens who served in military service under a contract, have a total duration of military service of 15 to 20 years and were dismissed from military service upon reaching the age limit for military service, health conditions or in connection with organizational and staffing events without the right to a pension , for five years a monthly social benefit is paid in the amount of:

a) with a total duration of military service of 15 years - 40 percent of the amount of salary;

b) for each year over 15 years - 3 percent of the salary amount.

—Citizens discharged from military service and members of their families are granted the following additional rights to employment and social security:

1) provision by the state employment service bodies of the population, as a matter of priority, of work, taking into account their specialty in state organizations;

2) crediting time of military service to continuous work experience in accordance with Article 10 of this Federal Law, taken into account when paying social insurance benefits, one-time remuneration for length of service, percentage increase in wages, provision of social guarantees related to length of service, if there is a break between the day of dismissal from military service and the day of hiring (entry into an educational institution) did not exceed one year, and for veterans of military operations on the territory of other states, veterans who performed military service duties in conditions of emergency and during armed conflicts, and citizens, the general the duration of military service in preferential terms is 25 years or more, regardless of the duration of the break (paragraph as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ, see the previous edition);

3) the preferential right to remain at the job they first started in the event of a reduction in the number of employees;

4) ensuring that citizens discharged from military service with the right to a pension, for health reasons or in connection with organizational and staffing events, receive vocational education without paying them a stipend during the period of study;

5) provision, no later than one month from the date of application by citizens discharged from military service, of places for their children in general education and preschool educational institutions and summer health camps, regardless of the form of ownership;

— Citizens discharged from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staffing events, having a total duration of military service of 20 years or more,

monetary compensation is paid in the amount of the land tax and property tax of individuals actually paid by them in the manner and amount established by the Government of the Russian Federation (included from January 1, 2005 by the Federal Law of August 22, 2004).

Issues regarding dismissal from military service

Military personnel performing military service under a contract and who have not reached the age limit for military service cannot be dismissed from military service without their consent before they acquire the right to a long-service pension, with the exception of cases of early dismissal on the grounds established by Federal Law.

Military personnel whose total duration of military service is 10 years or more, who need to improve their living conditions according to the standards established by federal laws and other regulatory legal acts of the Russian Federation, without their consent cannot be dismissed from military service upon reaching the age limit for military service service, health status or in connection with organizational and staffing events without providing them with living quarters. If these military personnel wish to receive living quarters other than the place where they were discharged from military service, they are provided with living quarters at their chosen place of permanent residence in the manner prescribed by Federal Law.

Military personnel whose total duration of military service is 10 years or more, who are subject to dismissal from military service upon reaching the age limit for military service, health conditions or in connection with organizational and staffing events, are issued state housing housing in the last year of military service at the request of the serviceman a certificate for the purchase of residential premises for a family in the chosen place of residence after dismissal from military service in the manner determined by the Government of the Russian Federation.

In the event of unjustified dismissal from military service of military personnel serving under a contract, the losses caused to them in connection with this are subject to compensation in full. The moral damage caused by such dismissal is subject to compensation by a court decision based on the will of the serviceman. These military personnel are reinstated in military service in their previous (and with their consent, equal or not lower) position and are provided with all types of allowances not received after unjustified dismissal. This period is included in the total duration of military service and the period determined for the assignment of the next military rank.

Upon dismissal from military service upon reaching the age limit for military service, health conditions or in connection with organizational and staffing events, military personnel are paid a lump sum benefit for the total duration of military service:

less than 10 years - in the amount of 5 salaries;
from 10 to 15 years - in the amount of 10 salaries;
from 15 to 20 years - in the amount of 15 monthly salaries;
20 years or more - in the amount of 20 monthly salaries.

The amount and procedure for paying one-time benefits to citizens dismissed from military service for other reasons are determined by the Government of the Russian Federation.

For military personnel - citizens who were awarded a state order during military service or were awarded honorary titles of the USSR or the Russian Federation, the amount of a one-time allowance is increased by two salaries.

Citizens discharged from military service and members of their families are granted the following additional rights to employment and social security:

provision by public employment services of the population of priority work, taking into account their specialty in state organizations;
preservation, for three months after dismissal from military service, for citizens who worked before conscription (entry) to military service in state organizations, the right to work in the same organizations, and for those who served in conscription, also the right to a position not lower occupied before conscription for military service;
counting military service time into continuous work experience, taken into account when paying social insurance benefits, one-time remuneration for length of service, a percentage increase in wages, providing social guarantees related to length of service, if there is a break between the day of dismissal from military service and the day of admission to work (entry to an educational institution) did not exceed one year, and for veterans of military operations on the territory of other states, veterans who performed military service duties in a state of emergency and during armed conflicts, and citizens whose total duration of military service in preferential terms is 25 years and more, regardless of the duration of the break;
preferential right to remain at the job they first started in the event of a reduction in the number of employees;
ensuring that citizens discharged from military service with the right to a pension, for health reasons or in connection with organizational and staffing events, receive vocational education without paying them a stipend during the period of study;
providing citizens who were discharged after completing military service and accepted to their previous place of work with financial assistance for the initial establishment of a household;
provision, no later than one month from the date of application by citizens discharged from military service, of places for their children in general education and preschool educational institutions and summer health camps, regardless of form of ownership;
counting the time of military service into the length of civil service of a civil servant in case of employment in public authorities, taken into account when paying a one-time remuneration for length of service, a percentage increase in wages, and the provision of other social guarantees related to the length of civil service, regardless of the period of dismissal from military service and the day of admission to public service.

For citizens who served in military service in the regions of the Far North and equivalent areas, where percentage bonuses are established for wages, when entering work in these areas after dismissal from military service, the period of military service in calendar terms is counted towards the length of service to receive percentage bonuses. to wages.

Citizens dismissed from military service upon reaching the age limit for military service, health conditions or in connection with organizational and staffing measures, having a total duration of military service of 20 years or more, are paid monetary compensation in the amount of land tax and tax actually paid by them. property of individuals.

Dismissal from military service of senior officers is carried out by the President of the Russian Federation, and military personnel in military ranks up to colonels, captains of the 1st rank inclusive - in the manner established by the Regulations on the procedure for military service.

Military personnel are discharged from military service into the reserves, and military personnel who, at the time of discharge from military service, have reached the age limit for being in the reserves or are declared unfit for military service for health reasons are resigning.

A serviceman is subject to dismissal from military service:

by age - upon reaching the age limit for military service;
upon expiration of the conscription period or contract period;
for health reasons - in connection with his recognition by the military medical commission as unfit for military service;
for health reasons - in connection with the recognition by the military medical commission as limitedly fit for military service of a serviceman performing military service under a contract in a military position for which the state provides for a military rank up to sergeant major or chief petty officer, inclusive, or undergoing military service on conscription;
in connection with the deprivation of his military rank;
in connection with the entry into force of a court verdict imposing a sentence of imprisonment on a serviceman;
in connection with expulsion from a military educational institution of vocational education;
in connection with the entry into force of a court verdict depriving a serviceman of the right to hold military positions for a certain period;
in connection with the election of a serviceman undergoing conscription military service as a deputy of the State Duma of the Federal Assembly of the Russian Federation, a deputy of a legislative (representative) body of state power of a constituent entity of the Russian Federation, a deputy of a representative body of a municipal entity or the head of a municipal entity and the exercise of these powers on an ongoing basis;
in connection with the termination of military service during the period of its suspension;
in connection with the termination of the citizenship of the Russian Federation of a serviceman serving in the Armed Forces of the Russian Federation.

A serviceman performing military service under a contract may be early dismissed from military service:

in connection with organizational and staffing events;
in connection with the transfer to service in the internal affairs bodies, the State Fire Service, institutions and bodies of the penal system, bodies for control of the circulation of narcotic drugs and psychotropic substances or customs authorities of the Russian Federation and appointment to positions of private (junior) or commanding staff of the above bodies and institutions;
due to his failure to comply with the terms of the contract;
in connection with the refusal of access to state secrets or deprivation of said access;
in connection with the entry into force of a court verdict imposing a suspended sentence on a serviceman, as well as in connection with the entry into force of a court verdict depriving a serviceman of the right to hold military positions for a certain period;
as having failed the test;
in connection with violation of prohibitions related to military service;
in connection with the transfer to the federal public civil service;
in connection with the termination of the citizenship of the Russian Federation of a serviceman performing military service under a contract in the Armed Forces of the Russian Federation, other troops and military formations in a military position for which the state provides for a military rank up to and including chief petty officer;
in connection with the acquisition of citizenship (nationality) of a foreign state by a serviceman who is a citizen serving under a contract in the Armed Forces of the Russian Federation, other troops and military formations.

A serviceman performing military service under a contract has the right to early dismissal from military service:

in connection with a significant and (or) systematic violation of the terms of the contract in relation to him;
for health reasons - in connection with recognition by the military medical commission as limitedly fit for military service;
for family reasons: due to the impossibility of living for a family member of a serviceman for medical reasons in the area in which the serviceman is doing military service, and in the absence of the possibility of transferring the serviceman to a new place of military service favorable for the residence of the specified family member;
in connection with a change in the place of military service of the military husband (military wife), associated with the need to move the family to another area;
in connection with the need for constant care for a father, mother, wife, husband, sibling, grandfather, grandmother or adoptive parent who, for health reasons, in accordance with the conclusion of the federal medical and social examination institution at their place of residence, requires constant outside care ( assistance, supervision), in the absence of other persons obliged by law to support these citizens;
due to the need to care for a child under the age of 18, whom a serviceman is raising without a mother (father);
in connection with the need to fulfill the duties of a guardian or trustee of a minor brother or minor sister in the absence of other persons obligated by law to support these citizens;
in connection with his vesting with the powers of the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) or his appointment as a temporary acting highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) or election (appointment ) his member of the Federation Council of the Federal Assembly of the Russian Federation, as well as in connection with his appointment as a judge of a military court or a judge of the Military Collegium of the Supreme Court of the Russian Federation;
in connection with his election as a deputy of the State Duma of the Federal Assembly of the Russian Federation, a deputy of the legislative (representative) body of state power of a constituent entity of the Russian Federation, a deputy of a representative body of a municipal entity or the head of a municipal entity and the exercise of these powers on an ongoing basis.

Military personnel upon dismissal from military service and citizens dismissed from military service on these grounds are subject to the rights and social guarantees provided for by the legislation of the Russian Federation on the status of military personnel for military personnel upon dismissal from military service in connection with organizational and staffing measures and citizens dismissed from military service on this basis.

A serviceman performing military service under a contract, upon the conclusion of the certification commission, may be dismissed from military service early at his own request if he has valid reasons.

A deceased (deceased) serviceman is excluded from the lists of personnel of a military unit from the next day after the day of death or death, and a serviceman recognized as missing or declared dead in accordance with the procedure established by law - after the day the corresponding court decision enters into legal force.