The grounds for dismissal from the RF Armed Forces are provided for by law, and exclude arbitrary leaving of service due to unreasonable factors. How can a military man retire from contract service? This is allowed for many reasons: absolute (there are certain situations where continuation of service is impossible) and relative (the decision is made at the discretion of management or with confirmation). Cases of dismissal of a serviceman for family reasons fall into the latter category.
The legislative framework
The grounds, including family ones, are provided for by the main law establishing service regulations (No. 53 of March 28, 1998). In accordance with Article 51, the grounds for dismissal from military service may be different. The legislator defines them in separate parts of the article. It is assumed that some of them, in particular those indicated in Part 1, are absolute. In other words, if at least one of the reasons specified there is present, the command is obliged to make a decision on dismissal.
Part 2 has a different wording, namely “may be dismissed.” This means that the final decision is made by the commander at his own discretion, taking into account all factors and circumstances, such as the performance of official duties and the reasons for writing the report. For example, if it turns out that a serviceman took any drugs (clause “l” part 2), for which he was punished, but the commander decides not to dismiss him, a violation of the provisions of the law regarding mandatory dismissal will not follow.
Part 3, which includes the reasons for dismissal from military service for family reasons, formulates the grounds the presence of which makes it possible to resign, but does not establish the employer’s obligation to agree. The law uses the tricky wording “has the right.” It is quite possible, given modern realities, that the dismissal may be delayed or transferred to the judicial authorities.
The listed provisions are duplicated in Presidential Decree No. 1237 dated September 16, 1999 (Chapter VIII Dismissal Procedure).
Family problems require the following circumstances:
- the new locality cannot be considered as a permanent place of residence for one of the family members for medical reasons, and there must be no possibility of transfer.
- The need to move all family members.
- The need for care on the part of parents and some other relatives, in this case, the following conditions must be met: the need for care is confirmed by a medical and social commission, there are no other relatives who, by law, bear the burden of maintaining these persons.
- Caring for a minor child, provided that he is being raised without a second parent.
- The fulfillment of the duties of a guardian serves as a basis only in relation to minor siblings, if there are no other persons who, by force of law, are obliged to raise and support them (for example, parents).
Separate provisions are contained in the Disciplinary Charter (DU).
Read more about dismissal procedures here.
What payments are due?
In cases where the family circumstances that arise are not related to the articles listed slightly above from the Labor Code, the employee is entitled to the standard amount of payments.
They consist of two parts:
- salaries for the period worked from the last payments;
- compensation paid for days of unused vacation.
In 2020, an employee dismissed due to family circumstances prescribed in the articles of the Labor Code of the Russian Federation has the right to be exempt from working hours, however, he does not have additional privileges.
As a result, the amount of payments due to him will be the same as upon dismissal of his own free will. But it is still possible to receive additional payments, but only if they were provided for in the collective agreement or local act of the organization.
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The need to care for a loved one or relative
Close relatives recognized as needing regular attention for health reasons include:
- parents;
- spouse;
- siblings;
- grandma or grandpa;
- adoptive parent
The second condition is a justified need for constant care for a loved one. It is confirmed by the conclusion of a medical and social examination (MSE). ITU is only possible in a federal institution. This rule follows from the wording of the law.
Medical and social examination is carried out in the manner prescribed by Government Decree No. 95 of February 20, 2006 “On the procedure and conditions for recognizing a person as disabled.” The category is established for children with insulin-dependent diabetes mellitus.
This resolution was supplemented by Decree of the Government of the Russian Federation dated June 27, 2020 N 823. The wording “Disabled child” was clarified - this is a citizen under the age of 18 years.
A special bureau operates to implement these provisions. You can get to the commission's consideration by referral from a doctor after undergoing an examination by the specialists indicated in it and receiving the results of tests and studies.
In essence, the basis under consideration presupposes the need to care for a father or mother who has received a disability, in which the ability to independently satisfy one’s own needs is lost (which is also considered as a criterion when forming a conclusion).
The third condition is the absence of other persons obligated by law to care for the listed categories of relatives. For example, if a father or mother has a need for care, but they have a second child who can provide adequate attention, then dismissing a serviceman on this basis becomes difficult. The absence of other persons or their ability is confirmed by documents, for example, a certificate of family composition, which shows the number of close relatives (in particular, the family consists of 3 people: father, mother and son), and a certificate of disability, excluding the possibility of care the other parent's side.
Only compliance with all 3 conditions makes it possible to resign on the grounds in question.
Family circumstances as grounds for dismissal
Military personnel serving under a contract may be dismissed by submitting a report on termination of the contract for family reasons. Dismissal from military service for family reasons is made on the basis of the following reasons:
- the inability of a family member to live for health reasons in the area where the military man is serving;
- in connection with the transfer to another place of service of the spouse of a military personnel;
- due to the need for constant care for a loved one or relative;
- care is required for a child under 18 years of age who is being raised without a father or mother.
These circumstances require that the person be with a family and do not provide the opportunity to serve. Each of the listed points requires more detailed consideration.
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Family member's health status
If the family members of a serviceman cannot live in the area where the soldier is sent for service, and it is not possible to transfer him to an area with more favorable living conditions for family members, then he is subject to dismissal.
In order for a serviceman to resign on this basis, family members must undergo examination by a military medical examination. The referral for examination is signed by the chief of staff. Based on the results of the health study, the military medical examination provides a conclusion, which is the basis for making a decision to terminate the contract.
Transfer to another duty station of a spouse
Legislation primarily takes care of the interests of the family. A husband or wife of a military man has equal rights, therefore, if there are two military personnel in a family and one of them is transferred to another area for service, then in order to preserve the integrity of the family, one of them may resign due to the need to move.
In addition to the report, the dismissed person must provide documents confirming these circumstances:
- extract from the transfer order;
- order to be sent to another area.
The command may request additional documents indicating the family ties of the transferred and dismissed military personnel.
The need to care for a loved one or relative
To be dismissed on this basis, it is necessary to obtain a conclusion on the degree of need of a loved one or relative for care, which is issued by the State Service for Medical and Social Expertise. The legislation classifies the following persons as close and relatives:
- wife husband;
- mother father;
- brother, sister;
- grandfather grandmother;
- adoptive parent
An examination is not required if these persons are disabled people of group I or II or are persons of old age retirement age or under 18 years of age. In addition, this basis is relevant only if there are no other persons who are obliged to maintain and care for these persons by law.
Child care under 18 years of age
A child is a person who has not reached the age of majority, i.e. 18 years. When writing a report, you should indicate the reason why the child requires care.
In addition, a prerequisite is the absence of one parent - father or mother. To recognize this fact, it is not enough that the parents are divorced and the child remains in the care of one of them. The absence of the second parent is confirmed by the following documents:
- death certificate;
- court verdict on imprisonment or restriction thereof;
- court decision on incapacity;
- court decision declaring him dead or missing;
- decision to limit or deprive parental rights.
A long stay of one of the parents in a medical institution is also grounds for recognizing the fact that the serviceman has no one to leave the child with, and he is forced to retire.
Caring for a child under 18 years of age in the absence of a guardian
Also refers to the grounds considered family. The implementation of this feature is available if certain conditions are met:
- the child has not reached the age of 18;
- the absence of other persons forced by law to support these citizens and perform the duties of a guardian or trustee.
This basis presupposes the presence of an incomplete family in which the father or mother independently raises a minor child. Read more about the amount of child care benefits for military personnel at this link.
Stages and features of dismissal
To effect a dismissal, you must submit a report. According to paragraph 116 of the Disciplinary Charter, all appeals are subject to consideration within a month. Appeals mean the widest range of issues resolved by the commander, including the one under consideration.
The commander has the right to refuse to satisfy a request, but he is not obliged to respond in writing and explain the reasons for the refusal. Therefore, if in doubt and want to receive a written answer, write this request in the report.
After submitting the report and its consideration by the commander, a conversation is held with the serviceman. Usually it is conducted by personnel service employees or a deputy for educational work. During the conversation, the reasons for filing the application are clarified. Based on the results, a conversation sheet is drawn up, in which all identified circumstances are entered.
The next stage is the formation of an attestation commission. It includes the commander or deputy, heads of units and representatives of the legal department, if any. They study the report and submitted documents. The commission decides whether there are grounds and whether all necessary conditions are met.
If the decision is positive, the documents are sent higher, where dismissal orders are prepared.
A negative decision can be changed by the court at the request of an interested person.
Registration procedure
Early termination of an employment agreement is carried out according to the standard scheme:
- The employee draws up a statement or draws up a dismissal agreement by mutual consent.
- A corresponding order is issued and sent to the personnel department.
- The employee must be familiarized with the document against signature.
- A note about dismissal is placed on the employment record.
- On the day of dismissal, the employee must be given a work book, unused vacation pay, and all documents.
All necessary calculations are performed. The employer must pay the employee wages for the period worked. The employee is not entitled to any compensation, since he resigns of his own free will.
Early dismissal is carried out on the basis of a written application. It can be compiled in free form. However, the document must include this information:
- About the employer: position (for example, general director), full name.
- About the employee: position, structural unit, contact phone number or email address.
The statement is divided into two parts - the title and the “body”. The title will be “Resignation Letter”. The body of the document should contain this information:
- Request for termination of the employment agreement without completion.
- Estimated date of dismissal. That is, the day when a person wants to leave.
- Grounds for early dismissal.
- List of attached documents.
The application must include the date the document was drawn up, the employee’s signature and its transcript. The statement can also refer to Article 80 of the Labor Code of the Russian Federation.
Order
The order is drawn up in form T-8. The basis for termination of the employment agreement is the application of the employee. The order must indicate the date of dismissal. The document is signed by the manager. The order is sent to the HR department to document the termination of the contract. All further actions are carried out by representatives of this department.
As with any other voluntary resignation, the procedure for dismissal due to family circumstances has a standard scheme:
- The employee draws up an application or enters into an agreement with the employer.
- A dismissal order is created and sent to the employee for review and to the departments involved in the dismissal process.
- The employee, if necessary, works a two-week period.
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The final stage is the day of dismissal, when the employee must receive the appropriate payments, as well as a work book and other documents that will be useful when applying for a new job.
The process of preparing for your dismissal day is very important. Several documents are involved, however, the most important of them are the employee’s statement and the employer’s order.
Sample application
Upon dismissal of his own free will, regardless of the reason, the employee is required to draw up a written statement.
At the same time, the document should briefly but succinctly display the reasons for leaving, especially if they may serve as a reason for dismissal without work. As such, the exact wording according to which the application should be drawn up is not provided.
However, in order for the employer to accept the document, it must be written according to the general rules:
- first you need to contact the employer directly;
- if there is a possibility of dismissal without service, it is worth pointing this out;
- When attaching third-party documents to the application, information about their availability must also be included in the document.
At the end of the application, you must indicate the date of its preparation.
In the absence of documents confirming the possibility of dismissal without service, the employee may try to negotiate with the employer and formalize his resignation by agreement. In this case, the employer can reduce the work to 1 day.
Order
The order is drawn up by the employer or an employee from the human resources department in the “T-8” form established by law. The employee’s statement is taken as the basis for termination of the employment contract.
The completed order must contain information about the day of dismissal and be signed by the manager.
This document is then handed over to the employee for review. He signs it if he agrees, after which the order is transferred to the accounting department and the personnel department so that they can begin directly to prepare for the dismissal of the employee.
How and to whom to submit a report
The report is drawn up in writing, preferably in 2 copies: one for the commander (this sample requires registration), on the second there is a mark of acceptance, the position of the recipient and the entry number.
The attachments will need to be attached to the report and described in the document itself (name, date and quantity).
It happens that reports are refused to be accepted. This is illegal, but there is a way to get around this obstacle by sending documents by mail to the address of the unit. The letter is issued as a valuable item with a list of attachments and a notification of delivery (notification is desirable, but not required, since the delivery date can be tracked on the Russian Post website).
If there are several grounds, the serviceman at his own discretion chooses one of them, for example, if there are health problems, the serviceman writes a report on dismissal for health reasons. The basis must be documented, so when making a choice, you should take into account the possibility of confirming the arguments presented.
The report is submitted to the unit commander. It details the reasons why further service is not possible.
Deadlines for the commission's decision
Paragraph 116 of the DU established that this report will be reviewed within 30 days by the unit commander. In exceptional cases, when verification of documents is required, this period is extended by another 30 days. The applicant must be notified of the extension.
Thus, the total period for making a decision on the report should not exceed 30 days. If it is violated, it is permissible to complain to the prosecutor's office and file an application with the court demanding forced dismissal.
Payments and issuance of documents
The amount of payment to military personnel upon dismissal depends on length of service up to 20 years - 2 salaries, above - 7. Accordingly, the higher the salary, the greater the payment.
The dismissed person is given an extract from the order. The remaining documents are filed in a personal file, which is sent to the military registration and enlistment office. The commissariat registers you and issues you a military ID.
If you have experience of being fired, please leave your comments. Your knowledge can help those who find themselves in a difficult situation.
Dismissal by agreement of the parties
If a person has certain family circumstances, it is not necessary to resign on this basis. The employee can agree with the employer orally. Work off is an employer’s right, but not an obligation. He can release the specialist before two weeks. In this case, an agreement between the parties on dismissal is drawn up. A visa is affixed to the document, after which an order is immediately issued. Further actions take place according to the standard procedure: putting a mark in the work book, making payments, issuing unused vacation pay.
