Dismissal of military personnel at the end of the contract: payments upon expiration in the ranks of the RF Armed Forces, calculation procedure, as well as what benefits are provided, what to write in the report?

Completion of military service: basic rules for contract soldiers

Military personnel are accepted into the ranks of the Russian army under a contract for the following terms:

from 1 to 10 years;
unlimited or shorter period - until reaching the age limit;
from six months to a year - in emergency situations.

Military service is regulated by Federal Law No. 53, according to which one of the grounds for termination of service and dismissal is the end of the contract (subparagraph “b”, paragraph 1 of Article 51).
After the dismissal procedure, all military obligations are removed from the serviceman, and he is sent to the reserve or retired.

If the person leaving plans to enter into a contract again in the future, he asks in the report to undergo the IVC. Based on the results of a medical examination, the serviceman is determined to be fit for duty.
If the state of health does not allow the resumption of service, the citizen receives the right to an expanded list of social and pension benefits, as well as additional payments.

At your own request

If the military man himself wants to terminate the contract, he must take a number of certain actions.

Report

If a military man wants to terminate a contract, he must submit a report to the unit commander. There is no standard form for it, and therefore it is only important that the document states the following:

Personal information of the official to whom the report is addressed (name, rank and position).
Same details for the applicant.
Reasons preventing the applicant from serving until the end of the term. This part is not mandatory, but compelling reasons will speed up the dismissal process.

The report is submitted either directly to the unit commander or to the combat department. Two copies are submitted: one remains with the applicant with a mark of acceptance, the second is attached to the personal file.

In addition to the report, documents are attached that confirm the reasons for dismissal. For example, if the reason is marital status, copies of the marriage and birth certificates of children are attached, if the financial situation is difficult - documents on payment of allowances, etc.

Refusal to accept a report is not provided for by law. Even an unfounded report must be considered.

All details about the report on the dismissal of a serviceman can be found here.

Consideration

After the document has been received and the unit commander has conducted a conversation (formatted on a conversation sheet), the report is reviewed by the certification commission. It includes:

deputy unit commander;
HR representative;
legal department representative;
representative of the educational service;
the applicant's commander;
other interested parties (primarily from among the officers of the unit).

The main task of the commission is to understand how justified the report is. The results of the commission meeting are recorded in the minutes and entered into the serviceman’s attestation sheet.

Important: If a military man resigns because he has served the full term of his contract and does not want to renew it, then the commission is not collected. All you need is an order from the unit commander.

Commander's decision

Based on the content of the report and the decision of the certification commission, the commander makes a decision. He can:

agree and begin dismissal;
refuse early termination of the contract.

Procedure

The process of dismissal of a military personnel is strictly regulated by legislative acts:

Decree of the President of the Russian Federation No. 1237, which approved the Regulations on the procedure for military service (Article 34) - hereinafter PPPVS.
Order of the Minister of Defense of the Russian Federation No. 660 “On measures to implement legal acts on the organization of military service under a contract...” (paragraphs 28, 29).

In general, the order is:

It is not necessary to submit a report of dismissal (clause 12, article 34 of the PPPVS).
The report is necessary if the serviceman wants to continue serving. Then it must be submitted 4 months before the current contract expires (Clause 9, Article 9 of the PPPVS). If a serviceman decides to submit a report for dismissal, it is also better to do this 4 months before the end of the contract.
The unit commander or other authorized person begins collecting documents confirming periods of military service and calculates length of service.
The results obtained are announced to the person being dismissed for clarification.
At least 4 months before the end of the contract, the serviceman undergoes certification (clause 4 of article 26 of the PPPVS);
The conversation between the unit commander and the serviceman involves drawing up a conversation sheet, a copy of which is attached to the personal file.
The decision is made by the unit commander alone.
A submission is prepared for the serviceman in the form of Appendix No. 2 to Order of the Ministry of Defense No. 660. Copies of the conversation sheet, attestation sheet, and the serviceman’s report, if submitted, are attached to it.
Based on the submission, an order is issued, which is signed by the unit commander or other authorized person.
The document is handed over to the dismissed person for review against signature.
On the last day of service, the final payment is made to the serviceman and all necessary documents are issued.

Before being removed from the lists of a military unit, a serviceman must be given the required types of allowances (provisions) (clause 30 of Order No. 660 of the Ministry of Defense).

Results

Termination of a fixed-term employment contract must be carried out in accordance with all the rules enshrined in the Labor Code of the Russian Federation, in compliance with the established deadlines.
Otherwise, if conflict situations arise between the parties, termination of the contract will have to be carried out on a general basis, involving longer service or, possibly, a higher level of payments upon dismissal. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

How to write a report to resign from the RF Armed Forces?

The report is drawn up in writing in any form:

In the upper right corner the details of the unit commander and the person submitting the report are indicated.
The name of the document is report.
Text of the document requesting a petition for dismissal to higher command. The basis for dismissal is given with reference to the normative act (Clause 1, Article 51 of Federal Law No. 53-FZ).
Request for referral to VVK.
The military registration and enlistment office is indicated for registration in case of transfer to the reserve.
Information is provided on length of service and availability of own living space.
Request for payment of due bonuses and allowances.
Date of document preparation and personal signature.

Sample report:

To the commander of military unit No. 12546

Colonel Petrov A.A.

Report

I ask for your petition to the higher command for the dismissal of me, Captain Ivan Ivanovich Ivanov, from military service due to the expiration of the contract for military service in accordance with sub-clause. "b" clause 1 art. 51 Federal Law of the Russian Federation “On military duty and military service” dated March 6, 1998 No. 53-FZ.

Please direct me to undergo the IVC.

Please send your personal file for registration to the Internal Affairs Department of the Orenburg Region in the Krasnogvardeysky District.

08/01/2019 Signature

Reasons

Expulsion from service can be made:

In stock. The soldier is fit for service, but has reached the maximum age limit;
Resign if you have reached the age limit or are unfit for health reasons.
If the soldier will serve his sentence in prison.

Command initiative for non-compliance with contract terms

The contract can be terminated at the end of the term or early if:

There have been changes for the worse;
The staffing table has changed;
At the initiative of the command.

At the employee's initiative

A soldier has every reason to be discharged from service if there is a reason and desire. For what reasons can a soldier ask management to expel him from the Armed Forces?

The army man’s family lives outside the country;
It is necessary to raise a child when the second parent refuses to fulfill responsibilities;
The amount of funds in the family for each member does not correspond to the subsistence level;
You need to look after relatives;
There is no opportunity to implement the acquired specialty.

Circumstances beyond the control of the parties

Military personnel may be expelled from the army due to failure to comply with the terms of the contract , due to circumstances beyond their control.

Typically, such events lead to termination of service and non-fulfillment of duties, for example death, death, internment, captivity.

Privilege

The amount of cash payments and benefits depends on length of service, awards, rank and is determined individually for each resigning employee. It is determined on the basis of Federal Law No. 306-FZ “On monetary allowances for military personnel...”.

What payments are due?

Upon dismissal on this basis, a serviceman is entitled to financial assistance in the form of payments:

in the amount of two salaries for less than 20 years of service;
in the amount of seven salaries for a service period of more than 20 years;

In the absence of penalties, additional payments are made:

a bonus for conscientious performance of duties in the amount of three salaries;
annual financial assistance;
bonus in the amount of one salary if there are awards;
compensation payments for overtime and unused vacations.

If, during military service, injuries or wounds were received that interfere with the fulfillment of obligations in the future, the serviceman may qualify for a one-time benefit in the amount of 2 million rubles.

Housing

Issues of providing military personnel with housing are regulated by Art. 15 Federal Law No. 76-FZ “On the status of military personnel.” After dismissal, the citizen must vacate the service apartment within three months.

Citizens dismissed after the expiration of their contract can count on assistance from the state in resolving their housing issue if they meet two criteria:

recognized as needy and registered with the body in which they serve before dismissal;
have a service life of more than 20 years.

Help is provided by:

free transfer of housing ownership;
providing housing to those in need under a social tenancy agreement;
allocation of funds for the purchase or construction of housing - cash subsidies.

Citizens who have served for 20 years or more are provided with housing or receive a subsidy for its purchase without fail.

Military pension

Military personnel dismissed due to the end of their contract are entitled to a long-service pension if they have served for more than 20 years. This is established by paragraph “a” of Art. 13 of the Law of the Russian Federation No. 4468-1 “On pension provision for persons who served in military service...”.

Benefits for those who were discharged from the army after a period of service

Military experience is included in the total length of service. A person dismissed at the end of the contract can count on benefits for further employment:

obtaining a civilian specialty before dismissal;
priority in receiving free education;
priority at the labor exchange for employment;
return to your previous position (if possible).

Conditions for applying a fixed-term employment contract

Employment contracts with a limited duration are mainly concluded in cases where the type of work performed is temporary. In other situations, agreement of both parties is required.

If fixed-term contracts are periodically concluded with the same employee, the employer must be ready to provide reasoned explanations for the need to determine the terms. Otherwise, when considering conflict situations, such agreements may be recognized as unlimited by the judicial authorities.

If, after the expiration of the concluded employment contract, neither party has expressed a desire to terminate the employment relationship, the contract is recognized as unlimited. In this case, there is no need to make additional entries in the work book. However, the changes will need to be recorded in an additional agreement (letter of Rostrud “On the term of the employment contract” dated November 20, 2006 No. 1904-6-1). The extension of the term of the employment contract is also confirmed by the order.

Recommendations from ConsultantPlus experts will help you correctly arrange the extension of your fixed-term employment. If you don't have legal access, a full access trial is available for free.

Considering the fact that the expiration date of employment contracts does not imply their completion, employers are recommended to keep records of these documents themselves. Otherwise, employees will have to be dismissed on a general basis at the end of the completion period.

For additional information on the procedure for dismissal in certain situations, see the material “Procedure for dismissal due to liquidation of an organization.”

Order

The order is printed in standard form, indicating the name of the military unit.

Signed by only one authorized person:

senior officers are dismissed by the President of the Russian Federation;
officers holding the rank of colonel or captain 1st rank - by the Minister of Defense;
junior officers - commander of the military district;
privates, sergeants, and foremen are dismissed by the unit commander or other authorized person.

The order contains the following information:

Full name, title and personal number of the person being dismissed;
length of service;
grounds for dismissal;
terms of the concluded contract;
date of dismissal;
conclusion of the IHC;
information about the benefits provided.

Sample order:

ORDER

Commander of a military unit According to personnel

No. 88 "01" September 2021 Ekaterinburg

Captain Ivanov Ivan Ivanovich, in accordance with the Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service”, is DISMISSED from military service INTO THE RESERVE due to the end of the contract term (subparagraph “b”, paragraph 1, article 51 Federal Law No. 53-FZ). 02/10/1986 b. L-596412

Length of service in the Armed Forces: calendar 15 years 5 months.

Contract for military service in the RF Armed Forces for a period of 5 years until 09/01/2019.

Subject to referral for military registration to the Military Commissariat department of the Orenburg region in the Krasnogvardeisky district.

GROUNDS: report of a serviceman dated 08/01/2019, conclusion of the Military Military Commission dated 08/14/2019.

Commander of military unit No. 12546

Colonel A. A. Petrov

Reasons for termination of the contract

Let's consider all the grounds for dismissal.

Own wish

The desire is assumed to be based on good reasons. A list of them is contained in paragraph 6 of Article 51 of Federal Law No. 53 “On Military Duty” as amended on February 29, 2021. In particular, these are:

An employee's family living abroad.
A person cannot provide for his family (income is determined based on the subsistence level).
The presence of a child when the other parent evades his parental responsibilities.
The woman cannot continue to serve due to deterioration of her condition as a result of bearing a child.
A close relative of an employee is seriously ill and needs care.
A person has received a higher education and cannot apply it within the framework of his service.

When dismissing in the above situations, the decision of the commander is formalized.

Deterioration of health

An employee may leave service if his health deteriorates. The presence of the disease must be confirmed by a medical certificate. The report is sent to the commander before the conclusion from the medical commission is received. Based on the results of the medical examination, an order to terminate the employment contract is approved.

The list of diseases that are grounds for dismissal is specified in Resolution No. 123 “On Military Medical Examination” of February 25, 2003. Consider this list:

Oncology.
Tuberculosis.
Blood diseases.
HIV and AIDS.
Syphilis.
Mental illnesses.

All these problems can interfere with the successful completion of the service.

Violation of contract provisions

If the employee does not comply with the terms of the contract, he will be dismissed early. Termination will only take place if these concurrent conditions are met:

Significant violation.
Its repetition.

When making a decision on dismissal, disciplinary violations and administrative matters are taken into account. Disciplinary sanctions are imposed on the basis of the disciplinary charter of the Armed Forces (Appendix 7). The grounds for dismissal are two penalties. To terminate the contract, a person is certified. It is within this framework that a decision is made on professional suitability. The commander himself cannot make the decision to dismiss.

IMPORTANT! If the relationship is terminated by the commanding officer, the employee may seek revocation through a judicial authority.

Reaching a certain age

The right to dismissal is obtained in these circumstances:

The person has reached the maximum age for his rank.
The contract has expired.

If a person has a desire to continue serving, he can enter into a new contract. The decision on this is made by an authorized person.

IMPORTANT! The maximum contract period is 10 years. At the end of the contract, the serviceman must be no more than 65 years old.

Let's consider the legal requirements regarding the age of employees:

45 years old - for officers below the rank of colonel. The same maximum age is set for women.
50 years - for captains of the first rank and lieutenant colonels.
55 years - for lower general employees and representatives of the vice admiralty.
60 years - for senior generals, for marshals and admirals.

If possible, you need to take care of extending the contract 6 months before the end of the old contract.

Family circumstances

Article 51 of Federal Law No. 53 “On Military Duty”, as amended on February 29, 2021, specifies family reasons that may be grounds for termination of a relationship:

Close relatives cannot live with the employee, but it is impossible to transfer the person to another unit.
The spouse is also a member of the military and has been transferred to another location.
There is an urgent need to care for elderly relatives, disabled people of groups 1 and 2, and persons under 18 years of age.

All family circumstances must be confirmed. For example, documentary evidence may be a certificate of illness of a relative, an extract from a military unit.

What to do if rights are violated?

Quite often there are situations when the dismissal procedure is violated: an order is issued untimely or exclusion from the lists occurs late.

If rights are violated, a serviceman may file a complaint:

to your immediate unit commander;
if there is no result - to higher command;
to the military prosecutor's office.

If there have been violations of a citizen’s rights in terms of monetary payments or housing, the citizen has the right to appeal to a military court within three months after dismissal.

The end of a contract is not the only reason for dismissing a serviceman. In our articles you can read about the following reasons for dismissal: for general dismissal, for non-compliance with the terms of the contract, for family circumstances of the serviceman, at will, due to loss of trust.

Deadlines

The dismissal of a serviceman occurs after the end of the contract, the publication of the corresponding order and his exclusion from the lists of personnel of the military unit. This will be the day the citizen ends his military service.

Removal from the lists of a unit must be carried out on the day of expiration of the period of military service. In paragraph 11 of Art. 38 Federal Law No. 53-FZ lists cases when a person is excluded from the lists of a unit for another period:

maternity leave;
child care up to three years old;
hospital treatment;
staying on a long voyage;
being held captive or hostage;
participation in an armed conflict on the territory of another country;
being under arrest.

That is, in these cases, the serviceman is excluded from the unit’s lists later.

One of the grounds for dismissal of a serviceman is the end of the contract. The procedure for exemption from military duties is strictly regulated; on the last day of service, the resigning person receives cash payments and documents. In the future, a citizen can count on the benefits provided, such as obtaining housing, a military pension, and preferential rights in employment.

Sample report writing

The report is drawn up in free form, but sometimes management provides forms.

The document should contain the following:

Full name and rank of unit commander;
Full name and rank of the serviceman;
request to be excluded from the workforce at your own request;
date and signature.

Only after signing the report and providing a complete package of documents is the serviceman considered dismissed. He cannot leave the place of duty after the end of the contract if he does not have the appropriate permission in his hands.