Employees of the Ministry of Internal Affairs or the Federal Penitentiary Service are represented by officials who work for the state. They can quit the service at any given time for various reasons. This requires a special report, and it is compiled according to the established model. Dismissal from the Ministry of Internal Affairs of oneās own free will is possible at any time, but this takes into account the requirements of the drawn up contract, which may stipulate the terms of termination of cooperation. Some agreements require the payment of a penalty if the basic requirements of the contract are not met.
Grounds
The dismissal of an employee of the Ministry of Internal Affairs at his own request can be carried out for various reasons. This is usually required if a person in the service has any problems. But even under such conditions, service ceases only when the provisions of the Federal Law "On Military Duty" are taken into account. It indicates the main reasons for dismissal from the Ministry of Internal Affairs on their own. These grounds include:
- Expiration of the contract term. Under such conditions, it is still required to draw up a report in the prescribed form. Therefore, a serviceman must monitor when exactly he needs to generate this document.
- Dismissal by seniority. If the employee of the Ministry of Internal Affairs has worked out the necessary amount of time to obtain optimal length of service, then he can go on a military pension ahead of schedule. Under standard conditions, men retire from 2019 only when they reach the age of 65.
- For health. If a person realizes that he can no longer cope with his duties in connection with the deterioration of his health, then he draws up a letter of resignation.
- An employee of the Ministry of Internal Affairs reveals that she is expecting a baby, and therefore does not want to continue the dangerous and difficult service.
- The employeeās earnings are too small, so he wants to find a higher-paying job.
- A small child is born in the employeeās family, for which, for various reasons, another parent cannot sit.
- A personās immediate desire to work in another field. In this case, a standard dismissal from the Ministry of Internal Affairs is carried out at will. There should be no obstacles to this.
Before writing the report, the employee of the Ministry of Internal Affairs should try to solve the difficulties and questions that have arisen, and also make sure that the contract does not indicate the exact period during which the person should serve in the Ministry of Internal Affairs, since if the basic conditions of the contract are violated without good reason, then the employee will have to to pay compensation. If there are important and significant personal reasons, then you can reach an agreement with management. Therefore, each rapport is considered individually. Even after signing such a report, employees are retired. An exception is leaving the service for health reasons.
Legislative regulation
The procedure for dismissal from the Ministry of Internal Affairs at one's own will is considered specific. It is regulated by the provisions of the Federal Law "On Service in the Department of Internal Affairs". The basic rules of this process include:
- dismissal for various reasons or the death of a person is the basis for termination of service;
- the dismissal process is the termination of the current contract;
- if the decision is made by the direct employee, then he must submit a report one month before the date the existing agreement expires.
If public funds were used to educate the employee, then upon termination of the contract, a person must certainly return the funds if he has not served the required amount of time.
When is compensation paid?
Upon dismissal from the Ministry of Internal Affairs of oneās own will, it may be necessary to pay compensation. This is required if tuition at any educational institution was paid for at the expense of state funds. In this case, when the contract was signed, a condition was formed on mandatory development in the bodies of the Ministry of Internal Affairs for a certain period of time. In case of early termination of this agreement, compensation is paid. Its size depends on the actually worked time period in the Ministry of Internal Affairs.
Compensation is not paid exclusively in the following situations:
- for health reasons, the employee cannot remain at the same place of service, and there is also no opportunity to find him an easier job in the Ministry of Internal Affairs;
- it is required for a person to care for a close relative who is disabled or a pensioner, and it is important to obtain a medical certificate in advance confirming the need for such care;
- a policeman should look after a small child, but only on condition that he is a single parent.
Each reason must be confirmed by official documents. If the contract expires, then just write a report. If the employee does not take any action, then the contract is considered effective, and the service continues on the same terms.
When canāt I stop service?
Under article 77, paragraph 3, part 1, dismissal from the Ministry of Internal Affairs of oneās own free will should be carried out only in the correct sequence of actions. Under certain conditions, termination of the contract is not permitted. This applies to the following situations:
- martial law has been established in the country;
- a counter-terrorist operation is carried out, therefore all employees of the Ministry of Internal Affairs are involved;
- a report is submitted during a state of emergency in the state;
- there is a need to eliminate the various consequences of serious emergencies;
- there is an armed conflict with another state.
If a person does not comply with the requirements of the contract and legislation, then he is dismissed under the article. Additionally, in most cases, he has to pay compensation.
How is the procedure performed?
Only taking into account the provisions of Federal Law No. 342, dismissal from the Ministry of Internal Affairs is carried out at will. Section 84 of this law contains information on how the procedure is carried out. To do this, the following steps are implemented:
- the employee planning the termination of work in the bodies of the Ministry of Internal Affairs draws up a report according to the established model;
- this documentation is transferred to the head one month before the immediate termination of service;
- the report indicates the date on which the contract expires;
- if the manager has no reason for refusal, then an agreement may be drawn up by mutual consent, based on which the employeeās powers are terminated ahead of schedule;
- the head forms a submission for the departing employee, where the reason for the termination of the contract is prescribed, as well as data on the age, length of service and other parameters of the policeman;
- a dismissal order is issued, for which the standard form T-8 is used;
- on the last day of work, the employee must surrender his service weapon and token;
- management receives a service certificate and other items received at the beginning of the service;
- a correctly completed work book is issued to a former policeman;
- final cash settlement is made.
The mining period is 1 month. During this time, the policeman may change his mind, so they are easily responded to by the care report. The head of a state institution does not have the right to refuse this process.
Is mining obligatory?
The report on dismissal from the Ministry of Internal Affairs of oneās own free will is compiled one month before the immediate departure from the state institution. This is due to the need for working out within one month.
Dismissal without practicing is allowed, if such a decision is made by the head of the policeman. Typically, the procedure is performed if a new specialist has already been found on the vacated seat.
Can I quit on vacation?
There are no prohibitions on the termination of service while on vacation, but there are certain reasons why managers may refuse to be dismissed under such conditions. These include the following grounds:
- the date of dismissal is on the day of rest, and the law does not allow the termination of relations when the employee is on sick leave or on vacation;
- the employee in the application asks for his dismissal before the end of the period of 1 month, so the head of the Ministry of Internal Affairs may demand that after the end of the vacation the employee goes to work for the remaining days.
Typically, a letter of resignation during the vacation period is drawn up in order to avoid involuntary work within one month.
What are the benefits?
Dismissal from the Ministry of Internal Affairs of their own free will is accompanied by the need to pay certain funds to a former employee. These include the following listings:
- if the length of service exceeds 20 years, then 7 salaries are paid, and if the length of service is less than 20 years, then only 2 salaries are listed;
- time worked salary;
- quarterly bonus, determined depending on the actual number of days worked during one quarter;
- compensation for unused vacation days;
- a bonus if the policeman conscientiously copes with his official duties, and this payment is assigned at the end of the year.
Cash is paid on the last day of the employee's work.
Popular bugs
Dismissal from the Ministry of Internal Affairs of oneās own free will is not considered to be a very complicated and specific process. But even with its implementation, certain mistakes can be made by the police. These include:
- the employee could not prepare evidence of the validity of the dismissal, so he will have to pay compensation if public funds were used for training;
- the date of termination of the contract in the report is incorrectly indicated;
- not wanting to work out 1 month, a person makes a report already on vacation, but at the same time he has only 2 weeks left, so anyway he will have to work another 14 days after leaving the rest.
Therefore, before compiling a report, it is advisable to study the provisions of the Federal Law No. 342.
Conclusion
The procedure for dismissing an employee from the Ministry of Internal Affairs can be carried out at will. For this, the official compiles a corresponding report. The mining period is 1 month.
If a person used state funds to get an education, then he will have to pay compensation for early dismissal from service.