Military personnel may end their service for various reasons. To do this, they must submit a dismissal report. This document must contain some mandatory information, and is also compiled according to a special model. It necessarily provides a reason for the termination of service. It can be represented by a deterioration in health or the expiration of a contract. The report on the dismissal of a serviceman shall be drawn up in a special form. The documentation is certified by the commander, after which the contract is terminated, if it is still valid.
Legislative regulation
The work of the military has significant differences from the activities of ordinary citizens, so the termination of service involves the submission of a special report. The process is regulated not only by the provisions of the Labor Code, but also by some specialized regulatory acts. These include:
- Federal Law No. 53 “On Military Duty”, on the basis of which the military are accepted for service, and also here are the rules for canceling a contract. Listed are the basic rules that military personnel must follow in the course of service.
- Federal Law No. 76 “On the Status of Military Personnel”. It lists the main exemptions and benefits that are provided by the former military. They are appointed only after formal dismissal.
- Federal Law No. 306 “On monetary allowance”. It lists all the benefits and payments that are supposed to be military after the termination of service.
Additionally, there are numerous Orders of the President or the PP. They relate to various benefits relying on the former military. But they are usually offered only after the servicemen submit a report on dismissal.
Is it possible to leave on my own?
Under the law, every military man can stop serving at any time, but only if there are good reasons. For this, a report is submitted to the military personnel for dismissal at their own request. Previously, he will have to perform some required actions.
If a soldier dies during the performance of his duties or from injuries resulting from participation in hostilities, his family can expect to receive different payments and preferences.
Grounds for dismissal
The report on the dismissal of a serviceman under a contract shall contain a basis for termination of service. The specific reason should be competently and clearly formed and regulated. The Federal Law No. 51 lists the grounds for termination of service. These include:
- expiration of the contract, which is concluded for a certain period of time;
- reaching the age of a pensioner;
- deterioration in health;
- criminal prosecution;
- violation of contract requirements;
- dismissal by OSH.
For the use of absolutely any age, it is important for the military to perform some mandatory actions.
Features of termination of service due to end of life
Military personnel are usually contracted. It is compiled for a limited period of time, the duration of which is agreed in advance. The dismissal procedure at the end of this period has the following features:
- the personnel department of a specific military unit must send a military notice 4 months before the expiration of the contract, which allows taking into account the rights of the person;
- if he decides to terminate the service, then a report is prepared by the military personnel on dismissal at the end of the contract, after which this document is transmitted to the commander one month before the end of the contract;
- if the military wants to continue the service, then he simply does not draw up any documents;
- if the leadership of the unit decides to dismiss a particular military man, then three months before the expiration of the contract, a notice is given to him.
This reason for the termination of service is considered the most popular. The report on the dismissal of the serviceman at the end of the contract is compiled in a standard way, but it necessarily indicates the reasons for the termination of service.
Nuances for senior citizens
Military personnel reach the retirement age of 45 years. If they have an experience of 25 years, then they can expect to receive various preferences and benefits. The service can continue even after reaching this age if there are no serious obstacles.
But still there are certain limitations. For example, generals can serve up to 70 years, and for the military, occupying less senior positions, service is possible only up to 65 years. After that they are forced to retire. In this case, a report is submitted to the servicemen for dismissal at their own request as a result of reaching the age limit.
Such restrictions are due to the fact that the military must always be ready for various military operations or emergencies, but if they are in old age, they will not be able to cope with the tasks.
Health impairment
Any soldier must be a strong, healthy and well-trained person who can participate in hostilities or cope with various emergencies. If the state of health does not meet these requirements, then the service is forcibly terminated.
If any serious diseases are detected, then a report is drawn up by the military personnel on dismissal for health. Departure from service may be represented by a complete resignation, when a person cannot be reinstated, and withdrawal may also be carried out. In the latter case, after undergoing treatment, a person may return to service.
A report on dismissal due to health reasons is not always given to servicemen. For example, if a person simply refuses to undergo a physical examination, then his leadership may decide on his forced dismissal.
Criminalizing the military
When drawing up a contract with a future soldier, it is mandatory to indicate that this contract loses its legal force if a person is prosecuted. This is usually due to abuse of authority or disobedience to management.
If the prosecutor's office starts a case against the military, then this often leads to a loss of trust on the part of the senior management. This may be grounds for termination of the rank or forced dismissal.
Change of occupation
In the process of service, any soldier can show his abilities in other activities. Often this happens with young people who discover that they are not ready for military service. As a result, the serviceman compiles a dismissal report in which he asks to be transferred to another similar structure.
Former military men often go to work in the Ministry of Emergencies, the migration service or the police.
Breach of contract
The military service should be based on the information contained in its official contract. But sometimes people violate the provisions of this agreement, which leads to the cancellation of this document.
Usually, in such a situation, an investigation is conducted, the main purpose of which is to identify the causes of such behavior on the part of the military. If such reasons are valid, then it is likely that he will be able to continue the service.
OSH dismissal
In the life of each soldier, unforeseen problems may arise in which he cannot continue to serve. In this case, a report is submitted to the military personnel for dismissal according to OSH. Usually this method is used by people called up for military service in the army.
This method of dismissal is represented by special organizational and staffing events. Using this method, conscripts solve various family problems without being held accountable. The military retains various benefits and concessions from the state.
Other grounds
A serviceman's report on dismissal may be submitted for other reasons, but they must be weighty and significant. Most often this is due to the following reasons:
- reduction of staff in any military unit;
- expulsion of a person from a military educational institution;
- a soldier is elected as a deputy, therefore, he cannot combine this work with military service;
- depriving a person of citizenship of the Russian Federation;
- obtaining citizenship of another country.
Sometimes people are forced to leave the service for personal reasons. To do this, they compile a report in which they indicate on what grounds they are forced to stop working. Management can meet by firing a person while preserving various concessions and benefits. Most often this is due to the appearance of dependents who need constant care, a deterioration in the health of a close relative or other unforeseen situations.
Reporting Rules
A report on the dismissal of a conscript soldier should be made taking into account some requirements. These include:
- in the upper right corner indicates general information about the recipients of the report and the applicant;
- the full name, position and rank of the recipient who is the commander of the military unit;
- the center indicates the name of the document submitted by the report;
- the main text gives the reason for the termination of service, and it is also important to leave a link to the law or regulation containing information on the possibility of applying this reason for dismissal;
- the chosen reason must be respectful and stipulated by law;
- if a person leaves the service for health reasons, details of the medical report are given, which indicate the impossibility of further service;
- at the end is the date of the report and the signature of the soldier.
Other documents are attached to the report, which confirm the existence of a valid reason. They can be represented by a medical certificate, a certificate of family composition, a death certificate of a close relative or a certificate of assignment of a disability group to a child or military wife. A sample of this report can be studied below.
How long is the report considered?
The report, together with other documentation, is reviewed within one month.
This time period can be increased if it is required to verify the facts indicated in the text. But the maximum period is one month.
Refusal of dismissal may be due to the absence of good reasons for the termination of service. In this case, the soldier will have to continue to serve until the end of the contract.
Conclusion
The dismissal report must necessarily contain information on why the military wants to end the service. In each situation, different information is entered into this document. Documentation is reviewed within one month. The leadership of the military should make sure that the military really has good reasons for dismissal.
When compiling a report, it is advisable to use a sample in order to introduce relevant and necessary information into this document.