Features of dismissal of an employee due to conscription into the army

When does conscription begin and end in 2019?

The deadlines for conscription into the army in 2021 will remain unchanged. Spring conscription begins on April 1 and ends on July 15. The autumn conscription begins on October 1 and ends on December 31. Young people will have to serve for one year; there are no plans to increase the time frame.

For individual conscripts, the dates of enlistment may vary. For example, teaching staff go to work only in the spring. Their conscription campaign is a month shorter and begins on May 1st. In October, when the autumn conscription begins, teachers teach schoolchildren or students. Therefore, military registration and enlistment offices do not send them summonses.

Young people who live in rural areas and are employed in sowing and harvesting are called up for military service only in the fall. For young people living in certain regions of the Far North or areas equated to regions of the Far North, the conscription campaign begins a month later. The spring conscription for them will last from May 1 to July 15, and the autumn conscription from November 1 to December 31.

What is the conscription plan?

Conscription plans are determined by the Ministry of Defense. This spring, military registration and enlistment offices will send 135,000 people to serve. For comparison: last fall 132,000 people were sent to military units, in the spring - 128,000.

Plans for the autumn conscription will be known only at the end of September. As the experience of the lawyers of the Conscript Assistance Service shows, plans are usually always higher in the spring. The only exception was the autumn conscription of last year, when the number of men sent to the army exceeded the number of recruits in the spring.

The procedure for dismissal in connection with conscription for military service:

The conscript must be discharged no later than the period specified in the summons to appear at the military registration and enlistment office and be sent to the place of military service. If you are leaving for military service, you do not need to submit an application to your employer. The procedure for terminating an employment contract begins with the presentation to the management of the organization of a summons to send the employee to the place of military service.

The agenda contains the following information:

1. name and address of the institution that sent the summons;
2. purpose of the call (passing a medical examination, completing military service, obtaining a military ID, etc.);
3. information about the official who sent the subpoena.

When dismissed due to conscription for military service or assignment to alternative service, the employee does not need to write a letter of resignation.

Having received the summons, the manager issues an order to dismiss the employee due to conscription (unified order form No. T-8). In accordance with the article of the Labor Code of the Russian Federation, the employer is obliged to pay the employee all money due to him (wages for actually worked time, compensation for unused vacation) and issue a work book.

Who is called up for military service?

Men aged 18 to 27 who have not previously completed military service and have no deferments from service are sent to the army. Only those young people who have Russian citizenship and permanently reside in Russia are subject to conscription for military service. If a young man lives abroad and returns to the Russian Federation only for the duration of his vacation, then he will not be drafted into the army.

Men who:

1. Received at the military registration and enlistment office due to conscription (due to family circumstances, health reasons).
2. Recognized as partially fit for service due to health reasons () or unfit for service due to health reasons (fitness category D).
3. Graduated from graduate school and received an academic degree.
4. They are under investigation or have an outstanding criminal record.
5. whose father and/or brother died during service or military training.
6. Exceeded the conscription age (27 years or more).
7. We completed training at the military department and received a military ID as a reserve officer.

Labor relations with an employee called up for military service

Article 77 of the Labor Code of the Russian Federation contains grounds for termination of an employment contract , one of such grounds, namely under clause 10 part 1, are circumstances beyond the will of the parties. Conscription of an employee for military service , in accordance with Art. 83 of the Labor Code of the Russian Federation, is a circumstance that does not depend on the will of the parties , under which it is possible to terminate an employment contract.

This means that if an employee is drafted into the army, the employment contract is terminated; in this case, a corresponding entry is made in the employee’s work book.

Another option for formalizing an employment relationship may be to grant the employee leave without pay .

According to Art. 128 of the Labor Code of the Russian Federation, leave without pay (at one’s own expense) is granted to the employee upon written application in the presence of family or other valid reasons for the period established by agreement of the parties. The maximum or minimum period of leave provided without pay in Art. 128 of the Labor Code of the Russian Federation is not specified .

The labor legislation of the Russian Federation does not contain a clear list of reasons recognized as valid. Thus, leave without pay, by agreement between the employee and the employer, can be granted for any reason recognized by the employer as valid.

At the same time, when granting leave without pay, the employee retains his position.

In this case, by agreement of the parties, conscription into the army may be recognized as a valid reason and, upon a written application from the employee, leave without pay may be granted to the employee for the duration of his conscription service.

Limitations on the duration of such leave are established only for state civil and municipal employees, who can go on leave at their own expense for up to one year (Part 15, Article 46 of the Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation ", Part 6, Article 21 of the Federal Law of March 2, 2007 N 25-FZ “On Municipal Service in the Russian Federation”).

Thus, if an employee drafted into the army writes an application for leave without pay for a period of 1 year, and the employer is not against such leave, this will not be considered a violation of labor laws .

Get expert advice

according to your situation and get expert advice.

Ask a Question

Ask a Question

Until what age do they enlist in the army?

The conscription age ends at 27 years old. As soon as a man turns 27, he must come to the military registration and enlistment office and receive a military registration document: military ID or.

Before receiving a military ID, a man undergoes a medical examination. Some people are afraid of being examined by doctors: young people are afraid of being sent to the army after a medical examination. Such fears are groundless: a medical examination is needed only to determine the category of fitness for military service.

Despite the fact that after 27 years young people go beyond conscription age, their relationship with the military registration and enlistment office does not end. Any man, if he has not been approved for fitness category “D”, can be called to military training or drafted into the army during war. The fitness category obtained at the medical examination will show in which troops the man will be able to serve.

Expert opinion

A military ID is a military registration document that is necessary for students who have lost the right to a deferment, as well as for all young people when finding employment or obtaining a passport and driver’s license. Find out if you have reasons to receive this document without completing military service on the page « »

.

Ekaterina Mikheeva, head of the legal department of the Assistance Service for Conscripts

Compensation for discharge from the army due to illness

Hello. According to the Federal Law of March 28, 1998 N 52-FZ “On compulsory state insurance of life and health of military personnel, citizens called up for military training, private and commanding personnel of the internal affairs bodies of the Russian Federation, the State Fire Service, turnover control bodies narcotic drugs and psychotropic substances, employees of institutions and bodies of the penal system":

“Article 4. Insured events Insured events in the implementation of compulsory state insurance (hereinafter referred to as insured events) are: ... the establishment of disability for the insured person during the period of military service, service, military training; establishment of disability for the insured person before the expiration of one year after dismissal from military service, from service, after expulsion from military training or the end of military training due to injury (wound, trauma, concussion) or illness received during military service, service, military training; the insured person receives injury (wounds, trauma, concussion) during military service, service, or military training; dismissal of a serviceman undergoing conscription military service from military service, expulsion of a citizen called up to military training for a military position for which the military rank is provided for by the staff of the military unit up to and including foreman (chief ship sergeant major), from military training in connection with the recognition of their military - by a medical commission unfit for military service or partially fit for military service due to injury (wound, trauma, concussion) or illness received during military service or military training.”

“Article 5. Insurance amounts paid to beneficiaries. in the event that the insured person is diagnosed with disability during military service, service or military training, or before the expiration of one year after dismissal from military service, service, after expulsion from military training or the end of military training due to injury (wound, injury, contusion) or illness received during military service, service or military training: disabled person of group I - 1,500,000 rubles; disabled person of group II - 1,000,000 rubles; disabled person of group III - 500,000 rubles; if the insured person receives a severe injury (wounds, injuries, contusions) during military service, service or military training - 200,000 rubles, a minor injury (wounds, injuries, contusions) - 50,000 rubles; in the event of the dismissal of a serviceman undergoing conscription military service from military service, the expulsion of a citizen called up to military training for a military position for which the military unit staff provides for a military rank up to and including petty officer (chief sergeant major), from military training in connection with recognition by their military medical commission as unfit for military service or partially fit for military service due to injury (wound, trauma, concussion) or illness received during military service or military training - 50,000 rubles.”

How does conscription work?

The process and rules of conscription into the army are regulated by the law “On Military Duty and Military Service.” With the beginning of military conscription, military registration and enlistment offices begin to send conscripts summonses to undergo a medical examination. Each of them must contain the first and last name of the conscript, address and reason for the call. For example, the agenda may indicate: undergoing activities related to conscription, or undergoing a medical examination.

After receiving the summons, the young man must arrive at the military registration and enlistment office and undergo a medical examination - a medical examination. During the medical examination, he will have to be examined by seven doctors: a therapist, a surgeon, a dentist, an ophthalmologist, an otolaryngologist, a psychiatrist and a neurologist. If any of them, after examining or studying medical documents, discovers that the conscript has health problems, the young man will be sent for additional examination to the clinic at his place of residence, hospital or dispensary.

The rules for conscription into the army are regulated by the Federal Law “On Military Duty and Military Service”, the Regulations on Military Medical Examination and other documents. You can view the main legislative acts in the “” section.

Based on the results of a medical examination and additional examination, the category of suitability for military service is determined. Next, the conscript receives a summons to the draft board. Here, the commission members approve the final category and make the final decision: to recognize the young man as fit or unfit for military service, to grant him a deferment or to enlist him in the reserves.

The recruitment process does not end there. When the draft commission makes a decision, the conscript’s personal file may be sent to for approval or cancellation of the issued suitability category. Usually the military training is carried out without the personal presence of the conscript. They can be called to the military registration and enlistment office for two reasons: if the commission has questions about medical documents or if the young man himself demands to be called for an examination.

Approval of the suitability category may take several weeks. Because of this delay, the conscript may be faced with a situation where the time for conscription into the army has ended, and the KMO has still not approved the decision of the district conscription commission. Usually, in such cases, the decision of the district military registration and enlistment office is canceled, and the conscript undergoes conscription activities again in the next conscription.

All conscription activities can only be carried out during the conscription period. If a conscript has undergone medical examination before or after the end of the conscription campaign, then the results of such a commission are illegal .

Payments to conscripted workers

In addition to standard payments, conscript workers also receive additional payments.

Basis for additional payments to conscripts

The legal basis here is Art. 178 Labor Code of the Russian Federation. It directly states that such people are entitled to severance pay in the amount of 2 weeks’ average earnings. Standard payments are received in accordance with the norms of articles of the Labor Code of the Russian Federation:

• 140 (calculation of wages),
• 127 (vacation compensation).

Download for viewing and printing:
Article 178. Severance pay of the Labor Code of the Russian Federation

Article 140. Calculation terms for dismissal of the Labor Code of the Russian Federation

Article 127. Exercise of the right to leave upon dismissal of an employee of the Labor Code of the Russian Federation

When will conscription be canceled?

From time to time, news appears in the media about the abolition of conscription for military service, but for now these reports remain only dreams. It will take years to transfer the army to a completely contract basis. The head of the State Duma Defense Committee, Vladimir Shamanov, spoke about this in an interview. The deputy suggested that conscription could be canceled only in 10-15 years.

With respect to you, Ekaterina Mikheeva, head of the legal department of the Assistance Service for Conscripts in St. Petersburg.

We help conscripts obtain a military ID or a deferment from the army legally.

Hello, Marina.

According to the Federal Law “On Military Duty and Military Service,” a deferment is provided for the duration of training, but not beyond the standard time frame for mastering basic educational programs.

The time of study begins from the moment of enrollment in an educational institution and ends at the moment of expulsion from it, and these moments are determined by orders of the educational institution (a graduate of an educational institution is considered to have completed his studies based on the order of the head of this institution on his expulsion). As a rule, this date coincides with the date of issue of the diploma.

After the specified period, the conscript must undergo a medical examination at the district Military Commissariat, based on the results of which a decision is made on his suitability (unfitness) for military service (some military registration and enlistment offices have the practice of conducting a medical examination of conscripts during the training period, although this is not correct). Only after this can the conscript be called up for military service (spring conscription into the army in 2021 starts on April 1 and ends on July 15. Autumn conscription begins on October 1 and lasts until December 31).

At the same time, you have the right to appeal the decision of the district Military Commissariat to a higher authority, namely the Military Commission of the constituent entity of the Russian Federation. However, you can also appeal the decision in court.

When filing a complaint with the conscription commission of a constituent entity of the Russian Federation (regional military registration and enlistment office) or an application to challenge the decision of the local conscription commission in court, the implementation of the decision of the local conscription commission is suspended until a decision is made on the complaint or until the court decision enters into legal force (during this time the conscription period may expire) . The right to appeal decisions and actions (inaction) of state authorities, local governments and officials is provided for in Art. 46 of the Constitution of the Russian Federation. According to paragraph 7 of Art. 28 of the Law “On Military Service”, the decision of the draft commission can be appealed by a citizen within the period established by the legislation of the Russian Federation from the day the citizen receives a copy of this decision to the draft commission of the relevant constituent entity of the Russian Federation or to the court.

To appeal the decision of the draft commission, a citizen in accordance with paragraph 6 of Art. 28 of the Federal Law “On Military Duty and Military Service”, he must, upon his oral or written application addressed to the chairman of this commission, receive a copy of the decision in the form of an extract from the book of minutes of meetings of the draft commission. Refusal to issue such an extract is illegal and is not an obstacle to starting the procedure for appealing the decision of the draft commission (in this case, the fact and date of refusal should be indicated in the complaint). The extract must contain the following information: - which draft commission made the decision; - when the decision is made; - last name, first name, patronymic of the citizen in respect of whom it was issued; - what decision was made by the draft commission; - surname, initials, position of the official who signed the extract. The extract must be signed by the chairman of the draft commission or his deputy and provided with the seal of the commission.

Appealing to the draft commission of a constituent entity of the Russian Federation with a complaint against the decision of a lower draft commission does not prevent challenging the same decision in court.

If the appeal began with an appeal to the draft commission of a constituent entity of the Russian Federation, then in the event of a negative decision on the complaint, there are then two options: 1) sending a similar complaint to the court against the decision of the local draft commission; 2) sending a complaint to the court against the decision of the draft commission of a constituent entity of the Russian Federation.

Military service is the duty of every Belarusian young man: if he is healthy enough, does not continue his studies and does not have exceptional personal circumstances, he needs to spend some time in the army, where the guys are trained in military affairs and other aspects of service.

On forums on the Internet, many questions about military service always arise - Sputnik is trying to answer the most popular of them for the fall conscription - 2021.

At what age are people drafted into the army in Belarus?

According to Belarusian legislation, military service begins at age 18 and lasts until age 27. At this age, you have every right to be called up for service if there are no reasons for a delay or for you to be called up unfit.

Can they be drafted at 28?

No, once you reach the age of 27, there is no conscription - that is, after this age you will not be able to be called up to serve in the army.

What reasons are there for not joining the army?

You must have the diseases listed in the Schedule of Diseases. Deferments are also provided in difficult family circumstances, for continuing studies (including master's and postgraduate studies), as well as for some other reasons that are listed on the website of the Ministry of Defense of Belarus.

It is also possible in Belarus to serve in the reserves, and more recently, alternative service, which is subject to those young men who cannot join the army for religious reasons.

If I make a RR series passport, will I not be accepted into the army?

Namely: a non-resident passport (RR) makes it possible not to serve in the army, but with it you lose a number of privileges in Belarus. In addition, to obtain it, you must live abroad for a long time: if you live in the republic, then you will not be able to obtain a RR passport.

Should I appear at the military commissariat on a subpoena?

If you receive a summons to the military registration and enlistment office in person - at the dean's office, the military registration and enlistment office itself, at work, etc. - you are required to appear, otherwise your failure to appear may be considered an evasion. However, if you have a valid reason - for example, sick leave - then you don’t have to come, but be prepared to provide all the evidence.

Is it true that for failure to appear at the military registration and enlistment office they can be banned from traveling abroad?

Yes, if, in the opinion of the military commissariat, you evade conscription activities, you may be added to the list of those prohibited from leaving Belarus.

How else can they be punished for “evading military conscription activities”?

According to the Criminal Code of Belarus (Article 435), punishment for evading military service can be either a fine or restriction or imprisonment. Information about punished draft dodgers is usually posted in the district military commissariats themselves.

What kind of doctors do you need to see at the military registration and enlistment office?

According to the law, at the military commissariat, a conscript is required to undergo the following specialists: a surgeon, a therapist, a neurologist, a psychiatrist, an ophthalmologist, an otolaryngologist, a dentist, and, if necessary, doctors of other specialties.

To clarify and check your diagnoses, the doctors of the commissariat can refer you to hospitals, dispensaries or clinics - both inpatient and for outpatient observation.

If I received a military ID, will they no longer touch me?

Not necessarily: they have the right to summon you to the military commissariat and even arrange for you to undergo a medical re-examination - regarding those diseases that may pass (for example, low body weight). In this case, you are still required to report to your military registration and enlistment office at the specified time.

When will the autumn conscription 2021 take place?

Medical examinations of conscripts will begin in September, and dispatch to military units and other military formations will last until mid-November. In order to know exactly your rights and obligations, we advise you to study the law “On Military Service” and familiarize yourself with the published “Schedule of Illnesses” - this will help you avoid additional questions and build professional communication with the military commissariat.

Service is the fulfillment of a constitutional duty. According to the Federal Law “On Military Duty,” citizens of the country aged 18 to 27 who permanently reside on its territory are subject to conscription into the army. Non-residents are not subject to conscription and are not even included in the military register. From January 1, 2008 it became equal to one year.

There is an opportunity to perform alternative service. But its period exceeds 12 months and is equal to 18-21 months. This right is given only if there are special indications.

Persons who graduate from military departments become officers and are enlisted in the reserves.

When a young person turns 17, he must undergo a medical examination. A commission of doctors examines the young man, identifies diseases, pathologies and makes a verdict on whether he is fit for service or not. If he is fit, then a certificate is assigned to him. At the age of 18, a young man receives a summons from the military registration and enlistment office. Next, he will have to undergo a second medical examination. Possible reasons for the delay are identified. Higher and secondary vocational educational institutions provide a deferment to a young person for the duration of his studies; this rule does not apply to correspondence students. If there is no evidence not to serve in the Armed Forces of the Russian Federation, then the guy is informed of the date and time when he will need to appear with his things.

Situations in which this ground for dismissal is applicable:

Dismissal due to joining the army is a mandatory procedure, its basis is circumstances beyond the control of the parties.
According to the Labor Code of the Russian Federation, an employment contract is terminated in connection with the employee’s conscription into military or alternative civilian service. Males aged 18 to 27 years are subject to conscription for military service. According to the law “On Military Duty and Military Service”, citizens who are exempt from conscription, citizens who have been granted a deferment, as well as citizens who are not subject to conscription are not conscripted for military service.

The document on the basis of which an employee is dismissed in connection with his conscription into the army is a summons:

1. about appearing at the appointed time to be sent to the place of military service;
2. about appearing to receive an order indicating the place of alternative civil service.

Please note that conscription for military service is not the same as contract service. Contract service is a voluntary decision of the employee and has nothing to do with conscription service. Consequently, an employee who decides to perform military service under a contract must be dismissed either at his own request or by agreement of the parties.

Conscription Day

On the day of conscription, the guy must come with everything he needs to the regional military registration and enlistment office. All conscripts are sent by bus to the central collection point. Another medical commission is being held there. Only healthy and strong young men should enter the army. Next, representatives of military units communicate with the conscripts, talk about everyday life in the army, what they need to prepare for and what they absolutely cannot do. Everyone is issued a private uniform. Items that cannot be taken with you to the unit are confiscated and sent by mail to your home address. If for some reason a private is not assigned to a unit, he will live at the recruiting station for some time.

It happens that after the third medical commission, the young man is declared unfit for service for medical reasons, and he is sent back home.

Calculation terms

It is necessary to pay the resigning employee on the last working day. If the employee is absent, then within 24 hours after his request. As for the disputed part of the payment, it will most likely be paid only after the relevant court decision comes into force.
Important! Do not forget that for an unreasonable delay in wages, the employer will also be required to pay interest for each day of delay in the amount of at least 1/150 of the key rate of the Central Bank. Until 2021, this figure was 1/300. Local regulations may increase the amount of the employer's financial liability.

In case of any delay in payment, you can contact the labor inspectorate with complaints. A delay of up to 2 months will entail administrative liability for the guilty officials and/or legal entity (Parts 6, 7, Article 5.27 of the Code of Administrative Offenses of the Russian Federation). Depending on whether it is proven that this is the company’s policy or during the consideration of the issue they will come to the conclusion that this is a subjective decision of the manager or accountant.

When we are talking about a long delay of 3 months - even in relation to partial non-payment (or complete - over 2 months), then you can already write a complaint to the prosecutor's office in order to bring those responsible for such an act to legal responsibility. Namely, criminal (Article 145.1 of the Criminal Code of the Russian Federation).

For such outrage, the officials responsible for this illegal act will bear financial responsibility in the form of a fine and acquire a criminal record.

Also, the employer may be held administratively liable if the employer did not notify the employee of the summons to the military registration and enlistment office or gave the opportunity to appear at the military registration and enlistment office on time (Article 21.2 of the Code of Administrative Offenses of the Russian Federation).

If, for some reason, the person resigning cannot show up for payment (in the case of issuing money through a cash register), then the employer will not be to blame for the delay in payment. Then the obligation to make payments to management (responsible officials) arises from the moment the employee independently contacts them for these purposes. Payment will need to be made no later than the next day following the application.

Spring call

In 2014, the spring conscription begins on April 1 and lasts 3 months until July 15.
And the autumn conscription runs from October 1 to December 31. According to Defense Minister Shoigu, the number of conscripts will significantly decrease by tens of thousands of people. The ranks of the armed army will be replenished by contract soldiers. This will allow military registration and enlistment offices not to chase after those who want to avoid serving. There will also be no forced recruitment of young men due to a lack of mobilization reserve. The rules for conscription for military service are the same for both autumn and spring conscription. The event is organized in accordance with Article 26 of the Federal Law “On Military Duty and Military Service”. And from articles 22 and 23 you can find out who is fit for service and who is not.

Instructions

According to the already mentioned Article 26, the organization of conscription, including the spring one, is organized in a special way, that is, it consists of several stages. Citizens who are not in the reserves must appear first for a medical examination, and then for a meeting of the draft commission. In addition, the call includes appearing at the time and place specified in the summons to be sent to the place of future service. All conscription is organized by military commissariats through their structural divisions, and is carried out by conscription commissions. They are created in urban districts, municipal areas and in the intracity territories of federal cities.

For all events related to conscription, a citizen is summoned by a summons from the military commissariat. The document itself is obtained only against receipt. The summons is handed over by an employee of the commissariat at the place of either the citizen’s registration or study (work). Subpoenas always specify the possible legal consequences of failure to comply with the requirements set out in them. If a citizen does not appear at events related to military conscription without good reason, he will be considered evading military service. For this he is held accountable in accordance with the laws of the Russian Federation.

Only those persons who are recognized as partially fit or completely unfit for health reasons can be exempt from conscription; also those who are undergoing or have already completed military service in the Russian Federation or any other state. This also includes citizens who have completed alternative civil service. The full list of those who have the right to count on exemption from conscription can be read in Article 23.

A conscript may also be granted a deferment if he is declared temporarily unfit for military service (for up to a year for health reasons) or is constantly caring for his wife or one of his parents, brothers, sisters, grandparents. Moreover, there should be no other persons obligated to support these citizens. The deferment also applies in the case of guardianship or trusteeship of a minor sister/brother. If a citizen has a disabled child under three years of age; two or more children; has a child, but is raising him without a mother, which means he also has the right to count on receiving a deferment from service.

note

Sources:

• until what date is the spring call

On April 1, 2014, new rules on conscription into the Armed Forces of the Russian Federation came into force. The main changes include the procedure for receiving a summons, the attitude towards the presence of addictions, as well as the sexual orientation of the conscript. In addition, the list of diseases that limit the possibility of serving in the Armed Forces of the Russian Federation has changed.

Since the beginning of spring of this year, the procedure for receiving a summons for conscripts has changed. In accordance with the new rules, young people who have reached conscription age will have to appear in person at the military registration and enlistment office for a summons within a period not exceeding 14 days from the start of conscription. In case of failure to appear without a good reason, the violator will face criminal liability.

There have also been some changes to the list of diseases for which exemption from service is granted. Diseases such as second-degree flatfoot and arthrosis will not prevent you from paying your debt to the Motherland. And during the medical examination, tests for hepatitis B, C and tests to identify drug users were added.

A person’s addiction to computer and gambling games, as well as non-traditional sexual orientation, are not diagnoses of diseases included in the list that limits the possibility of serving. Consequently, such people will also have to appear at the recruiting office to receive a summons, and in the absence of other reasons, undergo military service.

An innovation in the spring conscription rules is that persons recognized as draft dodgers will not be able to hold positions in state and municipal institutions in the future. Such measures are designed to reduce the number of dishonest conscripts. A pleasant circumstance is that at the recruiting station, a young man who reports for military service will be given personal hygiene products, including: shower gel, toothpaste, toothbrush, shaving cream, hand cream, razor, deodorant and towel.

Education also remains a valid reason for obtaining a deferment. Moreover, the deferment will be valid until the end of the entire study period. This will provide an opportunity to receive a full education without being distracted by military service. Previously, persons who had reached the age of 20 and did not have time to complete their studies had to serve in the army and receive an education upon returning from it.

A deferment from military service is provided to those conscripts who were hired by the state fire service, internal affairs agencies, drug control agencies, customs service, and services of the penal system. A prerequisite for obtaining this type of deferment is the presence of a complete higher specialized education.

An innovation in the adopted draft rules of 2014 is the possibility of obtaining a certificate for persons who have not served until the age of 27, which will indicate the reason that exempted the citizen from military service. Based on this certificate, it will be possible to obtain a military ID in court.

Is it true that the length of military service will be increased in 2021 to 1 year and 8 months? How to get a deferment from the army for the duration of your studies and for other legal reasons? When does the spring military conscription 2021 begin? You will find answers to these and other questions in the article. Read to the end, and you will find out what three mistakes you should never make if you decide not to join the army.

NTVP "Kedr - Consultant"

LLC "NTVP "Kedr - Consultant" » Services » Legal consultations » Labor disputes » What is the procedure for dismissing an employee who has requested to enroll in military service under a contract in connection with clause 3 of Article 38 of the Federal Law

Print

Question:

How to dismiss an employee who has requested to enroll in military service under a contract in connection with clause 3 of Article 38 of the Federal Law?

-What should be the wording of the statement?

- under what article should I be fired?

-Do I need to pay severance pay, according to the Labor Code of the Russian Federation?

Answer:

According to para. 3 hours 3 tbsp. 178 of the Labor Code of the Russian Federation, severance pay in the amount of two weeks’ average earnings is paid to the employee upon termination of the employment contract in connection with the employee’s conscription for military service or his assignment to an alternative civilian service (Clause 1, Part 1, Article 83 of the Labor Code of the Russian Federation).

Termination of the employment contract under clause 1, part 1, art. 83 of the Labor Code of the Russian Federation in connection with the conscription of an employee for military service refers to circumstances that do not depend on the will of the parties to the employment contract.

In paragraph 2 of Art. 2 of Federal Law No. 53-FZ of March 28, 1998 “On Military Duty and Military Service” (hereinafter referred to as Law No. 53-FZ) states that military service is carried out by citizens upon conscription and voluntarily (under contract).

The contract for military service stipulates the voluntariness of a citizen (foreign citizen) entering military service, the period during which the citizen (foreign citizen) undertakes to perform military service, and the terms of the contract (clause 2 of Article 32 of Law No. 53-FZ).

Thus, contract military service is not the same as conscript military service or alternative civilian service. Consequently, termination of an employment contract with an employee entering military service under a contract is not carried out on the basis of clause 1, part 1, art. 83 Labor Code of the Russian Federation. In this situation, the employment contract can be terminated, for example, at the initiative of the employee (own desire) or by agreement of the parties.

Taking into account the above, we can conclude: upon dismissal from the organization for further entry into military service under a contract, severance pay in the amount of two weeks' average earnings is not paid to the employee, since labor legislation provides for the payment of such benefits only upon dismissal in connection with the employee's conscription for military service or deployment him to the alternative civilian service that replaces it.

{Question: Is an employee paid severance pay in the amount of two weeks' average earnings upon dismissal from the organization for further enlistment in military service under a contract? (Expert Consultation, 2015) {ConsultantPlus}}

The explanation was given by Igor Borisovich Makshakov, legal consultant of LLC NTVP Kedr-Consultant, November 2015.

When preparing the answer, SPS ConsultantPlus was used.

This clarification is not official and does not entail legal consequences; it is provided in accordance with the Regulations of the CONSULTATION LINE (www.ntvpkedr.ru).

Is it worth joining the spring army draft in 2021?

Are you wondering whether it’s worth giving a year of your life to military service? Perhaps you just got a good job or met the girl of your dreams, and then tarpaulins and camouflage loomed on the horizon. What happens to evading the army, and what is the best thing to do: “mow down” or still serve?

Everyone decides for themselves. I can say one thing: if you don’t want to serve, then look for legitimate reasons. Punishment awaits you for evading conscription:

• Fine up to 200 thousand rubles.
• Arrest for a period of 3 to 6 months.
• Imprisonment for up to 2 years.

Many conscripts have. If you don’t have any, then it’s better to serve and not have problems with the law later. After visiting the military registration and enlistment office, be sure to read mine and find out the answers to. It’s a pity that I didn’t come across such articles at one time: I would have been more prepared for the numerous “surprises” of a soldier’s life.

Dismissal from the army. First value

Article 240. A soldier undergoing military service upon conscription, unless a disciplinary sanction of “deprivation of the next dismissal” has been imposed on him, has the right to one dismissal per week from the location of the regiment (in my case, the institute/unit). At the same time, the dismissal of military personnel should be regulated between units of the regiment (ship) so that the combat readiness of the regiment (ship), the quality of combat duty (combat service) and the daily duty service are not reduced.

Military personnel undergoing military service upon conscription are dismissed from the regiment by the company commander on the days and times appointed by the regiment commander. No more than 30 percent of military personnel can be dismissed from a unit at the same time. On Saturdays and pre-holidays, dismissal is allowed up to 24 hours, and on Sundays and holidays - until evening verification. Military personnel undergoing military service upon conscription may be granted dismissal from the regiment after they have taken the Military Oath.

So, let's summarize the above-described excerpt from the Charter of the Internal Service of the Armed Forces of the Russian Federation.

As I already said, the military commissar did not lie to me. Dismissal in the army is actually granted once a week.

But he kept silent about the fact that no more than 30% of military personnel can leave the unit at the same time. After carrying out simple calculations, we will understand that in the absence of comments from superiors over the past few days and gross violations of military discipline, a serviceman can receive dismissal from the army once every 3 weeks.

After all, everyone wants to go to hell! That is why I consider this system to be as correct and fair as possible. Well, if he committed a serious offense during his service, he received a reprimand and lost his immediate dismissal. All officers know that dismissal for a serviceman is the most valuable gift that can be received for good service. Or lose it if the opposite happens.

But is there anything that makes you happier than getting fired for the weekend? Yes! Friends, you won’t believe it, but there is! And for this purpose, we will next talk about the second meaning of the phrase “dismissal from the army.”

Are there any innovations in the army from January 1, 2021?

Amendments have been made to Article 24 of the Federal Law “On Military Duty and Military Service”. Now a deferment from conscription for military service is provided to students receiving secondary vocational education, regardless of their age.

There are no other innovations yet, however, if you are not aware of the innovations of previous years, I will briefly list them:

• You can take a mobile phone into the army and use it at certain times.
• You can wear civilian clothes while on furlough.
• Conscript soldiers are entitled to a “quiet hour” for rest during the daytime.
• When choosing a military unit for service, preference is given to units in your home region, so you can be home while on leave.
• Selection is underway for scientific companies for conscripts with higher education engaged in scientific work.
• You can choose to serve 1 year by conscription or 2 years by contract.

Rumors periodically arise that the service life has increased to 1 year 8 months or even 2 years. This is wrong!

What the law says

All young people who are registered with the military and are between the ages of 18 and 27 are eligible for compulsory military service (Article 22 of the Federal Law “On Military Duty and Military Service” dated March 28, 1998 No. 53-FZ).

Is the employee’s conscription into military service or his assignment to alternative civilian service grounds for termination of an employment contract?

There are certain circumstances on the basis of which a deferment can be issued for a temporary or permanent period, such as:

• health status;
• presence of children under 3 years of age (two or more);
• presence of dependent parents who are disabled.

Dismissal when leaving for military service is mandatory. Personnel workers should also remember that conscription into the army occurs in the spring and autumn. Therefore, you always need to be prepared for such events.

Three “deadly” mistakes of a draft dodger: who is guaranteed problems with the military registration and enlistment office in 2021

So, you have a subpoena in your hands. Many conscripts, in a panic, make unforgivable mistakes, for which they later have to pay. Here is a list of what you should never do.

Sign the summons and then fail to appear at the military registration and enlistment office

In case of failure to appear at the military registration and enlistment office, a criminal case may be opened against the draft dodger. And it makes no sense to “run” until you are 27 years old: when you reach the non-conscription age, you will not be given a military service certificate, but a certificate.

Trying to buy a military ID in 2021

Most of the “well-wishers” who trade in the coveted crusts are deceivers. Once they receive your money, they will disappear. If you try to buy a military ID, the price may turn out to be unreasonably high, since in accordance with Part 1 of Article 328 of the Criminal Code of the Russian Federation, a fine of up to 200,000 rubles will be added to it.

Apply for a deferment from the army due to health at the last minute at the military registration and enlistment office

Do you think that you may be exempt from the army for medical reasons? Start being examined in advance and collecting expert opinions. Don’t expect that draft board doctors will confirm your illness simply by listening to you with a stethoscope and tapping your knee with a hammer. The list of diseases that will not be accepted into the army in 2021 includes ailments that can only be diagnosed using professional hospital equipment. Therefore, go through all the examinations and tests in advance in order to appear before the military commissar with a full set of certificates.

If you haven’t decided yet, then it’s time to do it, because there are only a few weeks left before the draft. Not sure if you are entitled to a deferment? Are you afraid? Have questions? Ask in the comments - I answer everyone!