The procedure for dismissal from the Ministry of Internal Affairs at your own request: step-by-step instructions

Description: The same people work in the police as in any other field of activity. How does voluntary dismissal from the Ministry of Internal Affairs differ from an identical procedure in other organizations?

The main difference in the procedure for dismissing a police officer is that instead of the usual statement, these employees submit a report to their superiors. Naturally, changing the name of the document does not in any way affect the essence of the process.

The basis for filing a report is Article 84 of the Federal Law “On Service in the Internal Affairs Bodies of the Russian Federation.” The employee must submit the document to his superiors for review and signature at least one month before the day the person plans not to go to work.

A police officer's report signed by management is the basis for issuing the appropriate order.

When you can’t resign from the Ministry of Internal Affairs

In any situation related to dismissal from the Ministry of Internal Affairs, the main legislative act that regulates all aspects is the Labor Code. For example, if a department is reducing the number of staff members, then the process of dismissal of employees is regulated by several articles of the Labor Code of the Russian Federation.

According to current legislation, police officers have the right to resign from service on general grounds, the list of which includes:

• the age at which a citizen is eligible for retirement;
• testimony from a medical commission, which is collected due to the deterioration of the employee’s physical condition and his inability to continue performing his official duties;
• expiration of the current employment agreement;
• employee's own initiative.

According to article number 35 of the above-mentioned federal law, there are several reasons that may result in a refusal to submit a report on dismissal.
These reasons include:

1. The period of time when a regime of hostilities or a state of emergency is established on the territory of a unit.
2. The period of time when a unit is engaged in a counter-terrorism operation.
3. The period of time during which measures are taken to eliminate the consequences of an emergency.

If a police officer does not comply with the clauses of the employment contract, this will be the basis for his dismissal from his position or dismissal with an entry in the work book.

Procedure for dismissal from the police

Info

If an employee violates the law;

• Independent.
• In the first case, a police officer can resign on a general basis, this implies the following options:

• Expiration of the contract;
• Old age retirement;
• Family circumstances: The need to care for a child in the absence of a second spouse;
• The need to care for a relative;
• Pregnancy of an employee;
• The salary level does not allow one to provide for a family;
• Inability to use existing higher education.

Management may initiate the dismissal of an employee if he has violated the law or committed misconduct that disgraces a law enforcement officer. All standards that a police officer must adhere to are set out in Federal Law.

Registration procedure

In order to formalize dismissal from the Ministry of Internal Affairs at his own request, an employee must write a report. This document can be downloaded from the Internet or compiled in any form, provided that the department does not have strict regulations on this point.

The report is submitted to the head of the unit. It should be remembered that the reason that is a priority for a citizen when filing a report may not be advertised.

Just as with a regular application, the report must contain the date of preparation and the personal signature of the originator. In this case, the exact date of probable dismissal may not be set, because it will be counted automatically from the day the report is drawn up.

After signing the report and thirty days from the date of its writing, a corresponding entry is made in the employee’s work book indicating the following information:

• length of service in the Ministry of Internal Affairs;
• management order number for hiring;
• number of management's order to terminate the contract.

What reason was taken as the main one when dismissing a citizen is not advertised in the work book.

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Rules for prolonging an employment contract upon expiration

If, upon dismissal, an employee needs to hand over the documents that he has at work, as well as hand over his assigned service weapon, service ID and other work accessories, then the citizen is given another five working days to complete all procedures. This time begins to count from the moment the relevant order is issued.

Only after completing all the procedures indicated above can a final payment be made to the citizen and the work book be issued.

How to resign from service?

A person who decides to leave service on his own initiative must submit a report and adhere to the procedure specified by regulatory enactments.

It is better to prepare the report in two copies, with a note from the person in charge. You must keep the second copy for yourself, so that in case of difficulties this paper can be used as evidence in court.

From the Department of Internal Affairs (internal affairs bodies)

As mentioned above, the entire procedure begins with a report of voluntary dismissal . It can be compiled in free form, provided that the requirements that we list below are met.

The report must contain the following information:

1. in the header: information about the head of the unit in whose name the report is being drawn up - full name, position and rank;
2. Full name, position and title of the person being dismissed;
3. personal expression of will with reference to an article of law;
4. the reason is formulated unambiguously, without abbreviations and possibilities of double interpretation - it is desirable that it be present in the official list of reasons above;
5. consent or refusal to undergo a military medical commission;
6. request for payment after the end of service;
7. date of departure - it must be at least a month from the date of registration of the report; if this information is not available, then you can quit only after a month, unless there is an agreement with your superiors;
8. please hand over all the necessary papers - work book, income information, order and other documents;
9. signature and date of registration.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

There is no requirement to indicate a reason. A citizen can hide the reason for dismissal if it is important to him, but adequately specified reasons significantly simplify the procedure for completing all documents.

As soon as the paper is on the desk of the authorities and it bears the signature of the manager of the personnel department and the head of the department, the procedure is as follows:

1. The person in charge of the personnel service draws up a statement for the resigning employee, which indicates the reason from the report. The submission will also contain information about the employee’s length of service, age and state of health (this requires the appropriate conclusions of a medical commission), as well as what social guarantees he is entitled to by law.
2. Based on the report and presentation, the department’s management issues a dismissal order with the following information:
   Full name, rank, position of the person being dismissed and what unit he is from;
3. reason for dismissal;
4. basis – report;
5. date of execution of the document and signature.
6. When the end of service specified in the report approaches, the employee hands over his service weapon, badge, certificate and other things that he was given for his service - for all of this he has five working days from the date of the dismissal order.
7. He is given a completed work book with information about terms of service and numbers of orders for admission and departure from the department, a certificate of income for two years of work, a copy of the dismissal order (if the citizen so desires), a military ID and other documents that were in the HR department.
8. A full settlement is made for unpaid wages, compensation for unused vacation, a quarterly bonus and severance pay are issued (if the basis for dismissal is health problems).
9. The employee is obliged to pay for the funds that the state spent on his training (see above).
10. No later than a month from the date the order is issued, the citizen is excluded from the register of police officers.

• submissions for dismissal from the police department
• dismissal order
• order for dismissal from the police department at one's own request

This is important to know: Dismissal of a part-time worker by agreement of the parties

If an employee occupies a senior command position, the order is signed personally by the President of the Russian Federation.

From the police

Police officers are subject to the provisions of Federal Law No. 3 “On the Police” and leave service in accordance with Article 34 of this law, which states that they are also subject to the provisions of the legislation on internal affairs bodies.

Article 34 of Federal Law No. 3 “On the Police”. Legal regulation of police service

1. Police service is carried out in accordance with the legislation of the Russian Federation regulating issues of service in internal affairs bodies, taking into account the provisions of this Federal Law.
2. The labor legislation of the Russian Federation applies to police officers to the extent not regulated by the legislation of the Russian Federation regulating issues of service in internal affairs bodies and this Federal Law.

So the procedure for dismissal is the same as from the police department. Namely:

1. The employee is required to write a resignation letter indicating a specific end date and the reasons for this decision.
2. The responsible person will fill out a submission containing information about the reasons for leaving the employee’s service, information about his length of service, age, state of health and required social guarantees.
3. A dismissal order is issued, and within a month the citizen is removed from the register of police officers.
4. On the last day, the employee hands over his service weapon, badge, certificate and other things required for his service.
5. A completed work book and other documents are issued, and a full payment is made.

Dismissal without work

If an employee of the Ministry of Internal Affairs submits a report for dismissal on his own initiative, then management has the right to apply in such a situation the provisions of the basic law governing the activities of all departments.
On the basis of this document, a citizen can be released from the mandatory period of service only if there are good reasons. Also, a police officer can be fired before the end of the service period if the head of the unit gives his consent. Another option to avoid a working period is to terminate the employment agreement by mutual decision of each party. When drawing up a report with this wording, the citizen must indicate the specific date of termination of the contract.

Dismissal while on vacation

There is no specific prohibition that will prevent an employee from resigning while on vacation. However, the police officer must take into account a number of important factors when submitting a report to management, since they have the right to impose a ban on terminating the contract on a specifically designated day.

For this reason, the report should not contain the following circumstances:

1. The day of dismissal should not coincide with the vacation time of the Ministry of Internal Affairs employee. The situation is identical with the period of being on sick leave.
2. In the absence of grounds, an employee cannot be dismissed earlier than one month after returning to service after the expiration of the vacation. A person must work for at least a month from the designated day.

There are no other barriers to dismissal during vacation.

Procedure for dismissal from the police

It will outline the facts of violation of the law and causing material and moral damage under Articles 140 and 145 of the Criminal Code of the Russian Federation. This report is registered at the ATC secretariat on the day of submission. 11/30/2016 Signature Petukhov P.P. Police Sergeant of the Voronezh Internal Affairs Directorate Regiment By showing his knowledge of the laws, the employee makes it clear that he will not stop if his rights are violated, and will strive for justice. However, you can use a simpler form, which can be downloaded from this link. Dismissal procedure All actions that accompany the dismissal procedure are described in the law.

Violation of them may lead to the possibility of appealing the decision to dismiss. Therefore, to comply with rights it is necessary:

• Base.
  In this capacity, depending on the circumstances, there is a report, certification results or a commission decision;
• Warning.

Compensation

According to article number 140 of the Labor Code of the Russian Federation, a police officer in the event of termination of an employment contract must receive a full payment.

This legislative act also states that the department is obliged to pay the employee in full no later than the last day of his work. If a citizen did not fulfill his official duties on the day of termination of the contract, then the transfer of the monetary payment must be made no later than the next day after the police present claims for payment.

When disagreements arise between the head of a department and a former employee regarding the amount of compensation, then the former, within a limited time frame, is obliged to make a calculation for the amount that he does not dispute.

Based on paragraphs 152-156 of the regulations of the Ministry of Internal Affairs regulating payments upon dismissal from the Ministry of Internal Affairs, material compensation is accrued to dismissed citizens within the following terms:

• on the day the contract expires - to those who currently held a position on the staff list;
• until the moment of exclusion from the list of persons undergoing training in educational institutions, as well as research centers of the Ministry of Internal Affairs;
• until the moment of handing over the cases - to those employees who are at the disposal of the unit at the time of dismissal. To complete the procedure for transferring unfinished cases, a period not exceeding five working days is allotted from the moment of familiarization with the order.

It should be noted that employees who, at the time of issuance of the order:

1. They are on vacation. Payment must be made before the end of the vacation period.
2. Are undergoing treatment or examination in a medical facility. Allowance is paid inclusive until the citizen returns to his unit.

A police officer terminating an employment agreement must be awarded financial compensation for vacation periods that he did not use before the start of the year of dismissal. The transfer of money must be completed in full. At the same time, the payment does not depend on the reason why the employee of the Ministry of Internal Affairs will be dismissed.

If an employee has unused vacation in the year of dismissal, then payment of compensation is due in the following cases:

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What payments are due upon dismissal at one's own request or on the initiative of the employer?

1. If a citizen resigns due to retirement, staff reduction, or the presence of medical contraindications for further service. In such cases, the accounting department accrues compensation for unused annual leave in the amount required by law. Any other type of leave is paid based on the time of service in the current year using the formula 1/12 of the leave for one fully worked month.
2. If a police officer is dismissed for other reasons, then compensation is calculated using the above formula. Calculation of payments for unused periods of vacation time to a dismissed citizen is carried out on the basis of his monetary allowance at the time of termination of the contract.

The legislation does not provide for other cases of compensation for unused vacation.

How to write a report on dismissal from the police

• the employee’s own desire;
• the length of service required to begin receiving pension benefits;
• reaching the age limit for police service;
• expiration of the contract for service or refusal to perform the duties provided for by the position;
• violation of the terms of the contract by the employee or commission of a defamatory act;
• expulsion from an institution for higher education in the field of internal affairs;
• conscription into military service or its alternative;
• illness confirmed by a military medical commission;
• failed qualification certification;
• obtaining foreign citizenship or losing the status of a citizen of the Russian Federation.

This list is incomplete; a complete list of grounds can be found in the Federal Law “On Police”.

Compensation of bonuses

Upon termination of the contract, the employee must receive a salary for all unpaid service time, a bonus for the quarter (based on the time worked), a one-time bonus for the calendar year (the payment is identical to the bonus for the quarter), as well as financial assistance amounting to at least two salaries. The last payment can be transferred only if the policeman did not receive it in the corresponding year. Also, an employee can receive compensation for unused vacation. This circumstance was mentioned above.

There are several other compensation options that a dismissed employee of the Ministry of Internal Affairs may qualify for.

Thus, on the basis of Resolution 941 of September 22, 1993, a lump sum benefit can be paid under the following circumstances:

1. Employees who were dismissed from the Ministry of Internal Affairs for health reasons, upon reaching the appropriate age, upon liquidation of staff positions, as well as upon testimony of a medical commission. If such a citizen’s length of service in the Ministry of Internal Affairs is less than ten years, then the amount of compensation will be equal to five salaries per month. If the length of service is in the range from ten to fourteen years, then the amount of compensation increases to ten salaries. If you have served from fifteen to twenty years, the benefit amount will be fifteen salaries. Accordingly, if you have served for more than twenty years, compensation will be equal to twenty salaries.
2. Employees whose reason for dismissal is not indicated in the paragraph above are entitled to compensation, which will be 40% of the indicated amounts.

If, during his service, an employee was nominated for an award of national importance or he has an honorary title of the Russian Federation or the USSR, then the amount of the corresponding compensation that will be paid upon the end or termination of the current contract is increased by two monthly salaries of such a police officer.

Compensation is paid for all fully worked years and is not rounded up. In addition, the amount of compensation is influenced by the special rank and position of the employee at the time the order for his dismissal is issued. If a citizen is again invited to serve in the ranks of the Ministry of Internal Affairs, then upon next dismissal, the benefit will be paid based on the total length of service in the law enforcement department. However, the amount of payment that was accrued to the citizen upon his first dismissal will be deducted from the final amount. However, the final amount should not be less than two months of the employee’s salary.

There are several categories of police officers who cannot qualify for cash payments.

These include:

• employees who were fired for systematic violation of contract clauses;
• employees who received prison sentences, including suspended ones;
• employees who were unable to successfully pass the examination session at vocational education institutions of the Ministry of Internal Affairs, as well as those expelled from the list of students for disciplinary offenses and poor performance in specialized subjects;
• employees who have not completed the probationary period of the contract.

Very often among young people who are eager to join the ranks of the police, there is an opinion that it is very easy to leave this job if you don’t like it. It's really not difficult to do this. However, there are a number of erroneous opinions, which will be discussed below.

Legislation

The main legislative act regulating the issues of service, employment in the Ministry of Internal Affairs, assignment of ranks, leave and dismissal is the Federal Law “On Service in the Internal Affairs Bodies”.

Which articles from this legal act are important:

Important! According to the provisions of Art. 84 of the Federal Law “On Service in the Department of Internal Affairs”, if public money was spent on a citizen’s education, provided that he works in the Ministry of Internal Affairs, upon termination of the contract he is obliged to return all funds. The amount is calculated proportionally based on the remaining years he has already served. You do not need to reimburse training costs if:

• The employee cannot continue to serve in his previous position for medical reasons, and there is no possibility of transferring him to a more suitable place.
• An employee has a need for constant care for a close relative of retirement age or a disabled person of group 1 or 2. A medical and sanitary examination report must be present.
• If a police officer needs to care for a minor child whom he is raising alone.

If after one month the contract is not terminated for some reason, and the employee does not insist on this, it is considered valid under the same conditions.

Errors

The most common mistake among employees of the Ministry of Internal Affairs who plan to end their careers in the ranks of the police is the opinion that it is possible to terminate the employment agreement at will and, at the same time, not work out the period prescribed by law.

In this case, the contract can be terminated only if there is a compelling, valid reason that will be reviewed by management and taken into account.

The second most popular mistake is the opinion that one can leave the Ministry of Internal Affairs by mutual decision of the parties and on the date indicated in the report.

This statement is not entirely true, because when an employee submits a warning report and after the expiration of the period specified in it, the citizen may simply no longer perform his duties. In addition, there is always the opportunity to reach an agreement with the head of the department and quit before the due time.

As it becomes clear, it is possible to terminate an employment contract at the police officer’s own request if he fulfills several requirements prescribed in legislative acts. The dismissal process itself takes place on the basis of the main law of the Ministry of Internal Affairs, which regulates the activities of all employees of this department. All the nuances surrounding dismissal are already regulated by labor legislation.

How quickly can this be done?

An employee may leave service earlier than the required period of service with the permission of the manager, as specified in Part 4 of Art. 84 Federal Law No. 342-FZ.

Termination of the service contract by agreement of the parties will also release the employee from the position being filled on a specific date specified by him.

We suggest you read Who to notify when leaving due to staff reduction

https://www.youtube.com/watch?v=BEGHONxca9A

That is, in order to quickly quit, you need to come to an agreement with your manager.