Personnel officers are often faced with a situation where a selected applicant, when applying for a job, reports that he does not have any military registration documents. Is it possible to be hired without a military ID in 2020? Does a military ID affect when applying for a job?
Potential candidates are also concerned with questions: are they hired without a military ID, is it possible to get a job without a military ID after 27 years, and after 50? Now we will explain all the nuances.
What the law says: is a military ID required when applying for a job?
When making a decision to hire an applicant without the appropriate documents (if there is no military ID when hiring), a legal entity must be guided by the following sources of law:
- Labor Code of the Russian Federation.
- Federal Law of March 28, 1998 No. 53-FZ “On military duty and military service.”
- Regulations on military registration, approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719.
- Order of the Minister of Defense of the Russian Federation dated October 2, 2007 No. 400 “On measures to implement the Decree of the Government of the Russian Federation dated November 11, 2006 No. 663.”
- Code of Administrative Offenses of the Russian Federation (Article 5.27, 21.4).
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REFERENCE
Military registration documents are:
- A certificate of a citizen subject to conscription, the so-called registration certificate, or, briefly, registration certificate, is issued to citizens of the Russian Federation who were initially registered with the military, under a personal signature.
- A military ID is issued to all men, as well as other persons liable for military service: those in reserve, those who have completed alternative civilian service, women who have military specialties (communications, medicine, etc.).
Citizens permanently residing outside the Russian Federation are not required to register with the military.
In the passports of citizens of the Russian Federation, notes are made on their attitude to military duty according to the samples established by the Ministry of Defense of the Russian Federation.
If an employee does not have a military ID, what should he do? A legal analysis of these sources of law and existing practice shows that currently there are essentially opposite positions on whether a military ID is needed to get a job.
The employer will have to report on all citizens hired and subject to registration with the military registration and enlistment office, and take the necessary measures to register them. In the case of employment without a military ID, if the employee does not want to register on his own, the employer is also obliged to report this fact to the military registration and enlistment office. In addition, the employer’s responsibilities include responding to relevant requests from military registration and enlistment offices, which must be given within two weeks.
Read more about how to organize a military registration system at an enterprise
In accordance with the wording of Federal Law No. 53-FZ dated March 28, 1998, which came into force on February 17, 2019, citizens are required to be registered with the military at their place of residence, place of stay, or place of their actual residence (amendments made by Federal Law dated February 6, 2019). .2019 No. 8-FZ). That is, it does not matter whether a citizen has registration or not, he is obliged to contact the local military registration and enlistment office and register if he has moved to another region and lives there for more than 3 months.
In addition, the amendments provide for new responsibilities for employers. In particular, if a personnel officer discovers the absence of a military ID when applying for a job, then he must:
- send within two weeks to the military commissariats information about the identification of citizens who are not registered with the military, but are required to be;
- provide citizens who are not registered with the military, but are required to be, with a referral to the military commissariat for military registration in accordance with paragraph. 1 and 3 paragraphs 2 art. 8 of the Federal Law of March 28, 1998 No. 53-FZ.
Representatives of the Ministry of Defense of the Russian Federation in Letter dated March 1, 2019 No. 315/4/1023 clarified that the form for sending citizens to the military commissariat for military registration can be taken from the joint Order of the Minister of Defense of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation and the Federal Migration Service of Russia dated September 10, 2007 No. 366/ 789/197 (Appendix No. 3). This form looks like this:
Reverse side
Let us recall that the responsible person of the employer who did not provide information to the military registration and enlistment office about the employment of citizens liable for military service may be brought to administrative liability under Part 3 of Art. 21.4 Code of Administrative Offenses of the Russian Federation. The fine ranges from 300 to 1000 rubles.
Types of agendas
In most cases, the resolution of the issue depends on what kind of summons is given to the conscript. The legislation of the Russian Federation provides for 3 main agendas:
- a summons with an offer implies a mandatory visit to the military registration and enlistment office to check the information contained or undergo an interview. Citizens who have a military specialty receive a referral for further medical examination;
- the summons with the demand stipulates a mandatory visit to the military registration and enlistment office to undergo a medical examination. If examinations prove that the conscript is fit for military service, he can serve for the benefit of his homeland. Additionally, an interview is conducted to find out about the presence or absence of a desire to serve;
- the summons with the demand stipulates a mandatory visit to the military registration and enlistment office for further service. In this case, a mobilization order is additionally required.
Having a good relationship with the employer allows you to successfully resolve the existing issue regarding further actions and potential service.
Applying for a job without a military ID
Personnel officers often ask: if an employee does not have a military ID, can we hire such a person? This is not prohibited. If you know that there is no military ID, this is not a reason to refuse employment. But when concluding an employment contract, the employer should:
- Explain whether a particular employee needs a military ID to work and why.
- Receive on the day of admission a written explanation from the applicant for what reasons he did not provide military registration documents. Perhaps he simply did not know whether a military ID is required when applying for a job or has not yet issued it if, for example, he recently received Russian citizenship. It is also possible that a person has a temporary military ID for employment, which is issued in place of a regular document if the latter is lost, damaged, or needs to be replaced for other reasons.
- Inform the candidate that information about employment without the appropriate documents will be transferred to the military registration and enlistment office.
- Inform the military registration and enlistment office about the conclusion of an employment contract with a citizen who does not have the appropriate documents.
Based on current legislation and judicial practice, there is no clear answer to the question of whether it is possible to be hired without a military ID (2020). This largely depends on the state of military registration in the organization and the position of a particular employer on the question of whether a military ID is required to get a job.
HR Specialist
Work in the military registration and enlistment office is most often offered in the vacancy of a personnel officer. Working in a government organization requires an experienced, focused and qualified specialist. For this reason, candidates who already have at least 3 years of experience in this field are considered for the position of HR officer.
Personnel officers in military registration and enlistment offices will have to work in a 5-day work week, 8 hours a day. Sometimes there are overtime hours. A man or woman working in a military registration and enlistment office as a personnel officer will be required to perform the duties and the following skills.
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Applicants should also consider this vacancy because corporate transportation is provided and meals are paid for.
The job of a staff member at the military registration and enlistment office is full-time
Who is prohibited from being hired without a military ID?
In some cases, the question of whether it is possible to hire a man without a military ID is not raised. Because, in accordance with Art. 65 of the Labor Code of the Russian Federation, persons liable for military service and persons subject to conscription for military service, when concluding an employment contract, must present military registration documents to the employer.
These categories of citizens include:
- persons included in the group of persons liable for military service. Conscription age is 18-27 years old. The question arises: is a military ID required when applying for a job after 27 years of age?
- male applicants over 27 years old. The conscription age has passed, but a citizen can be drafted if necessary. Do I need a military ID when applying for a job after 27 years of age? Yes;
- reserve. These are citizens aged 50-65 years who have a rank that requires them to be in the reserve. Do I need a military ID when applying for a job after 50 years of age? Yes, for the military contingent.
If an organization does not inform the military commissariat about hiring an employee of military age who has not presented a military ID, then it will violate the law (Article 1 of the Labor Code of the Russian Federation). In this case, a fine of 30,000 to 50,000 rubles may be imposed or the organization’s activities may be suspended for up to 90 days.
Department Director
Most often on employee search sites there is a vacancy for a department head for a military commissariat, since the body strengthening this industry is interested in such a position. The salary for a permanent work schedule in a 5-day work week is over 19 thousand rubles.
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Which pages of the military ID should you look at?
Here is a list of information that you need to pay attention to on your military ID:
- record of the draft commission;
- service and demobilization notes;
- information about the assigned title, awards, etc.;
- mark on reserves and military training;
- anthropometric data;
- notes on registration and deregistration;
- series and number of the military ID, number of the military unit where the service took place.
Please note that if an organization maintains personal files for its employees, then the information or copies of documents located there should not be redundant. In other words, if a copy of a military ID is needed specifically for the work of the personnel department for any reason, then you need to keep a copy. If this information is needed exclusively when applying for a job, then the information in the T-2 personal card will be sufficient.
Why are serving citizens called in?
The summons to a young man who has already served is surprising. The main reason is to clarify information about a person, notification of military training. They have no right to serve again. You need to call the military registration and enlistment office to clarify the reason. When visiting the authority in person, it is important to have a military record with you to prove the fact of service.
Other reasons include correction of a military ID, detailing of personal information (place of work, marital status), and erroneous sending of an alert. In the Russian Federation, planned exercises are held annually, so every man can receive a summons. The recruitment scheme is simplified.
Before the start of the training camp, a medical examination is carried out, even for those with limited fitness. During exercises, citizens comply with the Charter. They receive financial allowance, the amount of which is up to 600 rubles, depending on the rank of the young man.
Re-service of a summons is regulated by law. Citizens who have served are required to meet the requirements and increase their knowledge. This will maintain the level of the army.
Responsibility for failure to appear at the military registration and enlistment office
The current legislation of the Russian Federation defines liability for failure to appear at the military registration and enlistment office. For this reason, the employer and employee of the company must be prepared even for negative consequences.
Initially, failure to appear at the military registration and enlistment office is subject to administrative punishment in the form of mandatory payment of a fine. Subsequently, criminal punishment in the form of imprisonment is provided. Such measures are mandatory if there is no valid reason for appearing at the military registration and enlistment office.
Service of any subpoena through an employer who has authorized rights complies with the current legislation of the Russian Federation. In this regard, interaction with the employer and the use of good relationships becomes mandatory. Otherwise, delivery of a summons with a citizen’s personal signature leads to evasion of military service, which raises the risk of criminal or administrative liability for lack of contact with the military registration and enlistment office.
