When to expect a call
Young men from 18 to 27 years of age who are not in the reserves and are registered with the military are subject to conscription for military service (Article 22 of the Law “On Military Duty and Military Service” dated March 28, 1998 No. 53-FZ). Not called up for service:
- persons not subject to conscription, exempt from both military service and conscription, including those who have completed alternative civilian service (Article 23 of Law No. 53-FZ);
- who received a deferment from conscription (Article 24 of Law No. 53-FZ).
An employer will find out whether an employee can be drafted into the military by examining his military ID. Legal entities (this obligation does not apply to individual entrepreneurs) are required to maintain military records (subparagraph 6, paragraph 1, article 8 of the Law “On Defense” dated May 31, 1996 No. 61-FZ). For failure to provide information about those liable for military service to the military commissariat, the violator may be subject to a fine in the amount of 300 to 1,000 rubles. (Article 21.1 of the Code of Administrative Offenses of the Russian Federation).
Read about the rules for maintaining military records in the article “Military records in an organization - step-by-step instructions 2021.”
Those liable for military service are called up in the spring and autumn - from April to mid-July and from October to December (Article 25 of Law No. 53-FZ). For a number of those liable for military service, slightly different conscription deadlines apply. Thus, teachers are called up from May to mid-July, and agricultural workers from mid-October to the end of December.
Personnel employees of enterprises must be prepared for the fact that an employee of military age may be drafted into the army during the specified periods.
How should the military registration and enlistment office be notified of employees liable for military service?
B. According to these standards, the following should be involved in military registration in an organization: - one part-time employee if there are less than 500 employees subject to military registration; — one main employee if there are from 500 to 2000 employees registered with the military; — two main employees if there are from 2000 to 4000 employees on military registration; - one main employee for every subsequent 3,000 employees registered with the military. The total number of employees carrying out military registration in organizations is determined annually based on the number of employees registered in the organization as of December 31 of the previous year, using the above standards.
Regarding the citizen himself, his full name, address, year of birth and military rank, as well as the military service code designation (in full), are subject to display. After entering the organization’s data (name, legal address), the form specifies the position for which the employee was hired and the actual address of his structural unit.
When she returns to work after the end of her pregnancy or the end of her maternity leave, she must be notified of her dismissal a week in advance. For violation of this obligation by paragraph 3 of Art. 21.4 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability; submit annually, before November 1, to the relevant military commissariats lists of male citizens who will turn 17 years old next year (clauses 32 and 34 of the Regulations on Military Registration).
What responsibilities for maintaining military records do the employee responsible for this have? First of all, of course, check the presence of military obligation for those applying for work - see if there is a note about this in the passport, whether there are genuine military registration documents (certificate of a citizen subject to conscription for military service - for conscripts; military ID (temporary a certificate issued in place of a military ID) - for those liable for military service), mobilization instructions (for those liable for military service in reserve if there are marks on the delivery of a mobilization order on the military IDs), tokens with personal numbers of the Armed Forces of the Russian Federation (if there is a mark on the delivery of the token on the military ID). Answer: How to organize military registration of employees Organization of military registration All organizations, regardless of their form of ownership, are required to maintain their employees *(, ).
Since the Family Code of the Russian Federation does not establish a deadline for returning a writ of execution, it is advisable to return the document as soon as possible. Otherwise, the employer may be held administratively liable under Part 3 of Art. 17.14 of the Code of Administrative Offenses of the Russian Federation for failure to fulfill or untimely fulfillment of the obligation provided for in Part 4 of Art. 98 of the Federal Law of October 2, 2007 N 229-FZ.
This is done within three days after receiving the employee’s written application for the issuance of documents. These are personnel papers, and they are issued by the personnel department.
General procedure for dismissal due to joining the army
To formalize dismissal in connection with conscription into the army, an order is issued in which reference is made to paragraph 1 of Art. 83 Labor Code of the Russian Federation.
A sample order for the dismissal of an employee due to conscription into the army (including in word format) is available in the ConsultantPlus system. If you don't have access to the system, get it for free.
The basis for issuing an order is a summons to the conscript requiring him to appear at the place of assembly (military service). There are several types of summons sent by the military registration and enlistment office. For example, with a call to undergo a medical examination. Upon receipt, there is no need to dismiss the employee.
It is important for the personnel officer to carefully study the contents of the agenda, because visually they are identical, since they are drawn up on a special form approved by Appendix 30 to Order No. 400 of the Ministry of Defense dated October 2, 2007.
There is no need for a conscript to write a letter of resignation in connection with being sent to the army, since the employer has no right to refuse him. However, some employers prefer that the conscript write a statement indicating the date of dismissal.
The fact is that the period of dismissal due to military service is not regulated by any regulatory act. It is important that the conscript arrives at the muster point indicated on the summons, so the deadline for dismissal is the date before the muster. At the same time, the employer does not have the right to demand that an employee called up for military service perform 2 weeks of service. At the same time, the employer has no grounds to dismiss on the day the summons is presented if there is no goodwill of the employee.
To resolve such situations, the enterprise usually approves local regulations regarding military registration.
After receiving a statement from the employee and/or a summons, the employer issues a dismissal order. The employee must be familiarized with this order against signature, and then complete the dismissal process (issuing a work book, making an entry in a personal card) and pay the settlement. All this should be done on the last working day.
If you have access to the K+ system, go to a sample entry in the work book about dismissal due to conscription into the army. If you don't have access, get it for free. In addition, in K+ you can see a sample personal card for this situation.
IMPORTANT! Do not confuse dismissal due to conscription into the army, which is carried out in accordance with paragraph 1 of Art. 83 of the Labor Code of the Russian Federation, with contract service. In the 2nd case, dismissal is carried out on the initiative of the employee or by agreement of the parties, since contract service is equivalent to employment with another employer.
How long does it take to notify the military registration and enlistment office of dismissal?
In order to maintain up-to-date information contained in personal cards and in military registration documents of military commissariats, employees carrying out military registration in organizations are obliged: at the request of the military registration and enlistment office and local authorities, send within two weeks the necessary information about citizens who are required to be on military registration (item. It is worth noting that unnecessary data offered in the form is indicated by the note “cross out unnecessary.” The information is crossed out with a solid blue or black line. The information is submitted on a sheet with a corner stamp of the organization or educational institution.
Answer: In order to maintain up-to-date information contained in personal cards and military registration documents of military commissariats, employees carrying out military registration in organizations, on the basis of clause. Each organization must maintain military records of conscripts and employees liable for military service. The responsibility for maintaining such records lies with the head of the organization, while the employer can transfer the corresponding powers to an employee who will deal exclusively with military records or perform these duties additionally (in the latter case, this is, as a rule, a personnel officer). The employer's decision about whether a separate employee is needed who will deal only with such accounting depends on how many employees of the organization are registered with the military.
Inform employees of their military registration responsibilities. It's your desire - your choice! Information to the military registration and enlistment office. Notice of dismissal. The notice must indicate the date of dismissal. If you ask similar questions here, then the military registration and enlistment office will not work faster. Try contacting the military registration and enlistment office of the subject. It is necessary to return to the unit from leave and resolve the issue of dismissal at the place of duty.
If the deductions were related to the payment of alimony, the relevant information must be sent to both the bailiff and the person receiving alimony. The deadline for sending information in this case is three days (Part 1 of Article 111 of the RF IC).
In addition, the employer will be held liable for violation of the requirements of labor legislation, which is provided for in Art.
Thus, the dismissal procedure does not differ at all from the “standard” one, except perhaps only in terms of the reason for dismissal.
If the conscript does not show up for work
There are situations when an employee of military age does not show up for work. Perhaps because he did not have time to notify the employer of receiving the summons (I received it late), or for other reasons.
In this situation, you should do this:
- Note on the time sheet each day the employee fails to show up for work due to unknown circumstances.
- If there is an assumption that the employee has been drafted into the army, send a request to the military registration and enlistment office geographically attached to the employee’s place of residence.
- When confirmation comes from the military registration and enlistment office that the employee has been drafted into the army, dismiss him with reference to clause 1 of Art. 83 Labor Code of the Russian Federation. The date of acceptance of the order is the date of receipt of the response from the military registration and enlistment office, and the date of dismissal will be the employee’s last working day.
- If the military commissariat does not confirm the call for service, the employee can be fired due to absenteeism.
Read about the rules for registering absenteeism in the material “How to properly register absenteeism for an employee under the Labor Code of the Russian Federation?” .
With such an absentee dismissal, it is difficult for the employer to give the work book to the employee called up for military service; it will not be possible to familiarize him with the dismissal order. In this case, a note is made in the order that it is impossible to familiarize the employee with it. An unclaimed book can be stored in the archives of the enterprise for up to 75 years, so it can be issued to the employee on the day of application.
Or, at the request of the employee, you can send the work book to his place of registration or service address. The book can also be received by one of the employee’s relatives by proxy.
What to write in the order and work book?
Entry of dismissal in the work book is made in the following order:
- The serial number of the entry is indicated in column 1.
- In column 2 enter the date of dismissal.
- The grounds (reasons) for dismissing an employee are entered in column 3.
- In column 4, write down the name of the document on the basis of which the entry was made. This may be an order, instruction or other decision of the employer. The date and document number must be indicated.
Entries in the work book are certified by the signature of both parties.
The order indicates the name of the enterprise and its location, date, full name. and the employee’s position, date and reason for dismissal.
How to pay an employee
Payments to an employee being dismissed due to conscription into the army must be made on the last working day before dismissal. Along with the rest of the salary, the following is paid:
- compensation for annual paid leave that has not yet been used;
- severance pay in the amount of 2 weeks' earnings, which is calculated based on the average salary for the last year.
Detailed information on the procedure for calculating vacation pay compensation is contained in the articles:
- “Calculation of compensation for unused vacation according to the Labor Code of the Russian Federation”;
- “How to calculate the number of vacation days upon dismissal?”.
If it is not possible to give the employee a cash payment, the entire amount of payment due is transferred to the depositor and is not paid until:
- appearance of the employee in person or his authorized person with a power of attorney;
- receiving a notification certified by the command of a military unit about the procedure for making payments, for example, sending money to the place of service.
Or they transfer funds directly to a salary card, if the company has adopted such a system for transferring earnings.
IMPORTANT! An employer cannot demand a refund from an employee for vacation used in advance before dismissal in connection with military service.
When to calculate?
After signing the order, the employer is obliged to make a full settlement with the employee called up for military service.
The employee is not entitled to benefits only if the contract with him was concluded for a short period.
IMPORTANT!
An employee who has lost his job due to conscription into the army is paid a benefit in the amount of average earnings for 2 weeks (without days off), if the term of his contract exceeds 2 months. Otherwise, he is not entitled to the specified payment, unless otherwise provided by agreement of the parties.
To calculate the amount that should be accrued for the days actually worked, you need to divide the salary by the number of working days in the month and multiply by the number of actually worked.
The number of unused vacation days is calculated simply: the number of vacation days allotted for each month is multiplied by the number of months worked, after which the “spent” vacation days are deducted. When calculating, all calendar days are considered, not just working days.
ATTENTION!
Military service by conscription and contract are two different things. The contract is a voluntary choice of the citizen, which will also be paid. If an employee quits in connection with service under a contract, he is not entitled to severance pay in the amount of two weeks' average earnings by law. In this case, a letter of resignation of one's own free will is drawn up.
IMPORTANT!
All compensation and wages are issued on the day of dismissal. The money is transferred to the salary card.
All expenses incurred by organizations and citizens are compensated by the state. This is an obligation of Law No. 53-FZ, which is carried out in the manner determined by Decree of the Government of the Russian Federation of December 1, 2004 No. 704 “On the procedure for compensation of expenses incurred by organizations and citizens of the Russian Federation in connection with the implementation of the Federal Law “On Military Duty and Military Service.”
If the summons was received by the employer
Currently, it is quite common practice to send summons not to the conscript’s registration address, but to his place of work. Having received a summons by mail, the company’s personnel officer first checks it for compliance with the requirements set out in Order No. 400.
Thus, the summons must be issued on a special form. It must bear the signature of the head of the draft commission and the seal of the military commissariat. If the document is not written out in accordance with the form, the employer can ignore it with impunity. It is also possible not to respond to the summons if it was transmitted by the postal service after the final deadline for collecting conscripts.
In other situations, the summons must be handed to the employee called up for military service against his signature. You cannot serve a summons received in advance less than 3 days before appearing at the training camp (clause 34 of order No. 400).
If the summons was not served on the employee by the employer without any objective reasons, the specialist responsible for maintaining military records in the company (this could be the manager himself) faces an administrative fine in the amount of 500–1000 rubles. (Article 21.2 of the Code of Administrative Offenses of the Russian Federation).
The procedure for dismissal without the participation of a conscript
Dismissal can be made without the participation of the conscript, only on the basis of a summons. The date of dismissal is taken to be the last day worked.
The only difficulty with absentee dismissal is that the employee does not have the opportunity to sign the order and work book.
The solution to this problem is to draw up a report that indicates the reasons why the employee cannot sign the documents.
In the order, where the employee signs, a link to this act is indicated. The work record book is kept by the employer until the employee picks it up or requests it be sent by mail.
Even if the employee does not appear in person to draw up an application for termination of employment, the employer is obliged to draw up a dismissal report without the participation of the other party.
IMPORTANT!
Issues regarding the dismissal of a young person have the right to be decided by the employee’s proxies (relatives, spouse), provided that he cannot independently appear at the organization. The work record book can be handed over to them.
Results
An employee of military age, if he is called up for military service, is dismissed under clause 1 of Art. 83 Labor Code of the Russian Federation. Dismissal is carried out on the basis of a summons presented to the employer (in some cases the employer receives the summons and hands it to the employee). An employee does not have to write a letter of resignation, but this is practiced by employers to agree on the exact date of dismissal.
The regulations do not approve any specific date for dismissal, but it must occur no later than the day before the date of the conscript’s arrival at the muster site specified in the summons. The dismissal order is issued on the employee’s last working day, at which time he is given a work book and a full payment is made.
If an employee does not have time to notify the employer of his departure to his place of duty, the employer independently requests confirmation of this from the military registration and enlistment office and, upon receiving a positive response, issues a dismissal order. The date of dismissal in this case will be the last day that the employee went to work. Payment funds and a work book can be kept by the employer until the employee applies for them or can be sent by mail to the address specified by the employee.
Sources:
- Labor Code of the Russian Federation
- Order of the Minister of Defense of the Russian Federation dated October 2, 2007 N 400
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
What happens if you don't fire?
The dismissal of an employee called into service is mandatory. Moreover, if a person was employed in a government agency, then he is required to be hired for the same (or equivalent) position within three months after termination of military service (clause 5 of Article 23 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”).
In the case of non-governmental organizations, the law does not oblige the rehiring of an employee who was previously dismissed due to conscription. Commercial enterprises have the right not to retain a job for a conscript employee .
