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The question of dismissal of a serviceman's wife may arise for several reasons. A woman can change her permanent place of work in the same locality or military town where her husband continues to serve. Such a situation falls under the Labor Code of the Russian Federation; dismissal takes place on a general basis. If the husband is transferred by order to a new duty station, to another locality or country, then the wife can resign at her own request and receive preferential payments assigned to her by the Ministry of Defense of the Russian Federation.
What does the law say?
Paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004 provides explanations for dismissal in connection with the husband’s transfer to a new place of service.
The wife (husband) of an employee in military structures is obliged to notify the reason for termination of the contract so that the boss does not demand to stay at work for another 14 days.
Important! To confirm the reason, the person resigning must provide a certificate of transfer of the spouse to another region. If a person provides train tickets, but there is no document about changing the city from the military unit, then the boss may offer to stay for 2 weeks if the departure falls within this time.
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Transfer of the husband to a new duty station and dismissal of the wife. Dismissal due to husband's transfer article
My husband is being transferred to another duty station. Should I make an entry in my work book: “Dismissed at my own request, due to the transfer of my husband, a military man, to another duty station, to another locality?” Good afternoon, Svetlana. This entry will be correct. If the husband is really being transferred to another area, then this is exactly what the recording should sound like.
If the spouse is transferred to a new place of duty in another locality, the woman has the right to write a letter of resignation, and the employer will fire her under the article in connection with the change of residence. In this article we will figure out whether it is necessary to notify the organization about leaving 2 weeks in advance.
Procedure for dismissing an employee
The algorithm for terminating the contract in this case is similar to leaving at your own request.
How does a serviceman's wife get fired?
- The employee submits an application to the HR department.
- An order to terminate the contract is issued on the date specified by the employee.
- The final payment is made on the day the care order is issued.
If a subordinate has accumulated vacation time during her work, she can take a vacation before leaving.
For reference! Before leaving, the employee can take a certificate of earnings and work experience in the organization. Both of these documents will make it easier to move to a new place.
Is work required?
According to the law, since the reason for dismissal is the employee’s own desire, he is supposed to work for 2 weeks. This period is necessary to select a new employee for an open vacancy. At the same time, moving due to a change of housing in legal practice is equated to conditions under which it is impossible to perform official duties. It is compared with the termination of an employment agreement due to retirement or enrollment in a higher education institution.
The law does not specify how to specify the fact of relocation.
It is assumed that it is necessary to justify the impossibility of continuing work in a statement. Here you can indicate the reason for urgent departure:
- receiving an inheritance,
- serious illness of a close relative,
- acquisition of real estate.
No documentary evidence is provided. The employer must take the employee's word for it. If he refuses early dismissal, the employee has the right to appeal this decision in court, the prosecutor's office, or the labor inspectorate. To avoid legal costs, employers agree to terminate the contract early, even if there is a possibility of fraud on the part of the employee.
Thus, if necessary, when moving, it is possible to resign on the day the dismissal document is issued. It is necessary to present compelling arguments to convince the manager to sign the order on the date specified in the written request.
Important! When the reason for urgent dismissal is the transfer of the husband on duty to another locality (country, city, region), the law requires that this be considered a valid reason.
In such circumstances, settlement occurs urgently, according to the date specified in the application. The employer does not have the right to demand work off. When calculating, a certificate of average wages is issued, according to which the employee’s wife will be paid two months’ compensation from the federal budget.
You can avoid reporting to your workplace if you have unused vacation days. An application for leave and dismissal is submitted at the same time. The day before going on vacation will be the last working day. After 2 weeks, a dismissal order will be issued. The employee will need to come to the enterprise to sign the order, receive a work book, and the final payment of wages.
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You can submit an application while on sick leave. The ballot will be closed on the date specified in the dismissal document. The payment procedure during illness is similar to that during vacation.
How to make an application correctly?
A request for resignation upon transfer of a spouse to a military unit in another region does not have a specific form. But there are points that must be present in the application. What must be indicated in the paper:
- full name of the director;
- Full name and position of the subordinate;
- request for dismissal;
- the reason for termination of the contract (the grounds must be indicated in the Labor Code of the Russian Federation);
- desired date for termination of the contract;
- date and signature of the employee.
You can write the application yourself, or you can print it out on your computer.
Important! If the contract is terminated due to a change of place of service of the spouse, the length of service is not interrupted if the person has not found a job within 30 days from the date of the order.
There is no need to write in the application “I ask you to terminate the contract with me as of June 25.” The preposition “with” in this case can create confusion in the personnel department, and the person may be fired earlier or later than he needs. You should write “I ask you to terminate your employment contract with me on June 25.” What will be indicated in the work book?
When leaving, it is important what reason is given for leaving. Termination of the contract on the basis of a change of residence does not imply the accrual of additional compensation and lack of work. If a subordinate indicated in the application that she was leaving on the basis of a change in her husband’s place of service, then this reason must be indicated in the work book with reference to paragraph 3 of Article 77 of the Labor Code of the Russian Federation.
How to terminate an employment relationship for a military wife
Military personnel are entrusted with the responsible task of protecting the state and citizens.
To accomplish this, they and their families have to constantly change their place of residence and adapt to new conditions. Therefore, in order to respect the rights of wives of military personnel, labor legislation provides for the possibility of their terminating professional relationships in a special manner. Download for viewing and printing:
Dismissal procedure
If a spouse carrying military duty is transferred to another unit located in another city or even outside the Russian Federation, then the working wife must:
- write a letter of resignation, indicating as the reason the husband’s transfer to serve in another area, as well as the date of the event;
- attach the original document confirming what was written (certificate from the unit command in a certain form);
- receive the necessary documents and payment at the place of work.
Attention! A military wife is not required to work 2 weeks before dismissal when her spouse is transferred to service in another territory. The entry in her work book must contain the full reason for the dismissal, and not just look like “dismissed at her own request.”
Sometimes the employer refuses to make a full entry in the length of service document, citing the fact that the Labor Code does not indicate such a basis. However, there are instructions for filling out work books, where such a form is specified. A correctly completed dismissal entitles military wives to compensation in the amount of two months' average salary.
If a serviceman is transferred to serve in another unit within the same locality, and his wife wants to resign, then she can do this only on a general basis. At the same time, she is not provided with any benefits (exception: termination of the employment contract by agreement of the parties, reduction of staff or headcount, liquidation of the company).
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Dismissal when the husband is transferred to a new duty station in another locality
If a serviceman's wife is dismissed for the specified reason, she is entitled to certain compensation. She will also be able to terminate the employment relationship even while on vacation on the day she needs, without waiting for the end of the vacation.
We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.
To quickly resolve your problem, we recommend contacting qualified lawyers on our website.
Entitled payments
An employee who left due to a change in the spouse’s region of service is entitled to all standard compensation:
- wages not yet received for hours worked;
- payment for the remaining vacation;
- bonuses (if this is consistent with the terms of the employment agreement).
By order of the Minister of Defense of the Russian Federation No. 265 dated June 11, 2002 “On payment to the wives of military personnel who serve under contract,” workers dismissed due to the transfer of a spouse are entitled to severance pay in the amount of two average salaries per month. It is accrued upon arrival at a new duty station, after the military man submits a report to the unit.
How to get benefits?
You can receive this compensation only if you have certain documents.
The procedure for issuing double benefits:
- The employee leaves his job, showing a certificate of transfer of his husband (wife).
- With the release of the order, the subordinate receives a payment (and is also issued a work book).
- The military man writes a report to the commander at the new duty station about the accrual of money. To do this, you need to provide a certificate of your spouse’s earnings at your previous place.
- The spouse receives benefits.
As a rule, the period for receiving benefits is about a month after the submission of the established documents and certificates.
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Issued by ________________________________________________________________ (military rank, surname, first name, patronymic) in that he (she) is undergoing military service under a contract in the Armed Forces of the Russian Federation and is leaving on ______________ 20___ from ___________________________________________________________________________ (name of locality) to a new place of military service in ___________________________________________ (name__________________________________________________________________________ .settlement) Issued for representation at the place of work of the wife (husband)__________________________________________________________________________. (last name, first name, patronymic of the wife (husband)) Commander (chief) _______________________________________________ (signature, initial of the name, surname) M.P. Issued by ________________________________________________________________ (last name, first name, patronymic) stating that her average monthly salary is ___________ rubles. _________ kopecks. The certificate was issued for presentation at the place of service of her military husband for the assignment of severance pay. The head of the enterprise (institution, organization) ___________________________________________ (signature, first name initial, surname) Chief (senior) accountant _________________________________________ (signature, first name initial, surname) M.P.
The specifics of the procedure for calculating the average salary (average earnings) for all cases of determining its size are established by the Regulations on the specifics of the procedure for calculating the average salary (approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922).
To calculate average earnings, all types of payments provided for by the remuneration system and applied by the relevant employer are taken into account, regardless of the sources of these payments. Social payments and other payments not related to wages (material assistance, payment for the cost of food, travel, training, utilities, recreation, etc.) are not accepted for calculation.
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The average earnings of an employee, regardless of his mode of work, are calculated based on the wages actually accrued to him and the actual time worked for 12 calendar months. In this case, a calendar month is considered to be the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive).
