I am resigning due to category D health reasons, unfit for service in the police department, 20 years and 3 months of experience. What payments am I entitled to?, Saratov

Retirement from the Ministry of Internal Affairs due to illness

full name of the unit of the Ministry of Internal Affairs and full name of its chief;
Full name and passport details of the employee;
the date of his admission to the staff, position, and rank at the time of dismissal;
reason for dismissal and details of the IHC conclusion;
a list of benefits and compensation payments that an employee is entitled to;
date of dismissal from office.

Full name, year of birth, position and special rank of the subject;
date of entry into service;
date of examination;
diagnosis;
the cause-and-effect relationship between the diagnosis and the performance of functional duties, if any;
degree of suitability for service in a specific specialty;
signature of the commission chairman and secretary.

Also, the injured employee is assigned a monthly payment, the amount of which is equal to the benefit at the time of dismissal. This point may cause a dispute between immediate management and the employee, for the resolution of which it is recommended to apply to the courts. It should be understood that monetary benefits of this kind will only be awarded if the injury actually occurred during the performance of official duties.

diseases of the respiratory system (for example, asthma or abscesses);
disturbances in the activity of the cardiovascular system (including blood pressure that differs from the norm - hypotension or hypertension);
detected oncological formations in the body;
limited functionality of the musculoskeletal system (due to injury or inflammatory diseases);
neurological and mental abnormalities (the appearance of epileptic seizures, depression, and so on);
vision problems (for example, the development of cataracts);
diagnosed with AIDS or HIV.

Then management conducts a conversation with the employee, finding out his living conditions, the benefits provided and the amount of compensation. After which a dismissal order is issued with reference to the expert opinion, on which the employee must sign.

If an employee of the Ministry of Internal Affairs was called unfit for further service due to deteriorating health, the commission issues a corresponding medical report. It is sent to the personnel department at the place of duty, a written notice is drawn up, which the dismissed employee must familiarize himself with under signature.

Salary for the last month of service;
Compensation for days of unused rest;
Severance pay based on length of service. If you have worked for less than twenty years at the Ministry of Internal Affairs, you are paid 2 monthly salaries; if you have worked for more than twenty years, you are paid 7 monthly salaries;
Awards and bonuses for effective work (awarded at the discretion of management);
If a person suffers an injury or illness while on duty, the Ministry of Internal Affairs is obliged to pay him a monthly allowance.

Specialists from the military medical commission send the results of the examination to the personnel service of the department where the employee serves;
The management of the Ministry of Internal Affairs is obliged to notify a person of the upcoming dismissal in writing one month before the estimated date of the last working day. The diagnosis due to which the employee was declared unfit for service is indicated as the reason for termination of the contract;
Within five days after the written notification, the management of the Ministry of Internal Affairs is obliged to hold a conversation with the person, during which the issue of compensation payments after dismissal is discussed;
After agreeing on all the nuances, HR specialists prepare an order, which must be signed by the employee after review. The document must indicate the reason for dismissal and the law of the Labor Code of the Russian Federation, according to which the employment contract is terminated;
A corresponding record of dismissal is made in the person’s work book;
On the last working day, the employee must be paid all due compensation, and also be given a military ID and work book for signature.

Important! Dismissal from the Ministry of Internal Affairs for health reasons can occur either at the initiative of the employee or at the initiative of the employer. In the first case, it is enough for a person to notify management of his decision orally; otherwise, the dismissal procedure is no different.

Employees involved in seasonal work (for example, in a construction company with SRO approval) have the right to demand payment of severance pay corresponding to two weeks of average monthly earnings. For the period of employment, the employer is obliged to pay the average monthly salary to persons working part-time, upon their provision of documents confirming the absence of a main job.

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by the day of dismissal at the disposal of the internal affairs bodies - up to and including the day the cases were handed over (payment of monetary allowance is extended for periods of regular annual and additional leave and release from official duties due to illness). In this case, no more than 5 working days are given to submit the cases from the date the department receives the dismissal order.

When an employment contract is terminated due to a reduction in the number or staff of the organization's employees, the dismissed employee is paid severance pay in the amount of average monthly earnings, and he also retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

Upon dismissal from service, a full settlement must be made with an employee of internal affairs bodies and an employee in relation to Article 140 of the Labor Code of the Russian Federation. Article 140 determines that upon termination of an employment contract, payment of all amounts due to the employee from the employer is made on the day of the employee’s dismissal.

The dismissal of employees from the Ministry of Internal Affairs (MVD) for health reasons with the subsequent issuance of appropriate payments and benefits is regulated by the Labor Code (Article 83) and the Law “On the Police” (Article 40). It is important for employees to learn about all the key features of current legislation.

Additionally, a lump sum benefit is issued, the amount of which is determined by length of service. If you have served in the bodies of the Ministry of Internal Affairs for twenty or more years, the benefit is calculated in the amount of seven official salaries. If you have less than twenty years of experience, only two salaries will be awarded.

The disabled person may be given time to recover. The period is limited to 4 months.
At this time, the patient retains a place (the administration does not have the right to occupy it on a permanent basis).
After the specified period, the worker undergoes a medical examination again. If his health allows, he returns to service.

During the recovery period, the person is not paid a salary.

All amounts received over the last 12 months (up to the day of dismissal) are taken (OA), with the exception of:
payment of official sick leave;
material assistance.
The exact number of days worked (DC) is calculated.
The indicators are divided: OD / CD = SD. The result is the average daily income.
The benefit amount is equal to: SD x 14 days.

Vacation and related payments are not included in the calculation.

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.

The rules for dismissal from the police are prescribed not only in these legislative documents. The fact is that they contain many references to certain papers that allow you to more fully consider the options that arise as a result of certain situations during dismissal.

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The general rules of the Labor Code of the Russian Federation apply to police service along with the special norms of Law No. 3-FZ. One of the legitimate reasons for terminating a contract will be health conditions that prevent further service. Both the employee of the Ministry of Internal Affairs and management can exercise the right to dismissal if the citizen has completely lost his ability to work.

How to correctly assess your health status in order to use the preferential dismissal option? The fact of temporary or permanent disability is confirmed only by the conclusion of medical experts. This also applies to confirming the reasons for termination of service in the Ministry of Internal Affairs. The identification of diseases can occur in the following areas:

as a result of routine medical examinations and medical examinations, which all employees of the Ministry of Internal Affairs are required to undergo;
on the initiative of the police officer himself;
upon direction from management, if there is reason to believe that the employee cannot continue to serve due to illness.

To regularly confirm their health status, each employee of the Ministry of Internal Affairs is sent to a medical examination. It is carried out at least once a year, and evasion of the commission will entail termination of the contract without maintaining benefits. An extraordinary commission may be appointed after receiving injuries or damage during service, or in case of long-term and systematic illnesses.

The list of diseases that gives the right to dismissal is as follows:

cancer diseases;
disorders in the cardiovascular system of the body (hypertension, hypotension, etc.);
significant visual impairment or complete loss;
mental health disorder;
loss of limbs or other vital organs resulting in complete disability;
other types of diseases and diagnoses.

If the nature of the illness allows only restrictions on service, the option of transfer to another position may be used instead of dismissal. This can be done by the management of the Ministry of Internal Affairs department unilaterally, and if the employee refuses to move to another position, the contract is terminated without maintaining benefits.

the right to occupy a vacant position in government bodies, provided that it corresponds to the specialty and qualifications of the former employee;
children of discharged military personnel are given a quota at the preschool educational institution at the place of registration without waiting in line.

one-time payments upon dismissal from the Ministry of Internal Affairs for health reasons in the amount of 1.5 million rubles upon receipt of the first group of disability, 1 million rubles for the second group, 500 thousand rubles for disabled people of the third group;
the right to occupy a vacant position in government bodies, provided that it corresponds to the specialty and qualifications of the former employee;
children of discharged military personnel are given a quota at the preschool educational institution at the place of registration without waiting in line.

Procedure

A medical commission is being created. Either according to a plan once a year, or on the initiative of an employee.
Examinations are carried out and a decision is made that it is impossible to continue serving.
The sick citizen must sign a medical report and receive recommendations regarding treatment and rehabilitation.
Next, management should conduct a conversation with the future retiree regarding his living conditions and the need for additional assistance. At this stage, the amounts of all compensation deductions and payments based on the results of service are documented.
On the appointed day - the last day of service - a salary must be received, a work book and other documents about dismissal, for example, an order, must be drawn up.
14 days after the end of the contract, the retiree is obliged to visit the military commissariat at the place of permanent registration and register, so that in the future the structure will know about the possibility of being called up for retraining or military service if necessary.

Documentary evidence must be created for each basis. If the initiative to terminate the contract comes from the employee himself, then the main form will be an application (report). In case of health problems during the dismissal process, papers from doctors must be prepared.

reasons for termination of the contract;
details of the dismissal order;
details of the IHC conclusion;
references to regulations.

Dismissal. On the day of release from his position, the employee must report to the unit to receive a copy of the order certified by management, as well as a work book and military ID. On the same day, he is paid the full amount of all compensation (Article 140 of the Labor Code of the Russian Federation).

Submission of a report is required only in case of dismissal at the initiative of the employee himself.

Passing the IVC. The employee is required to undergo a medical examination confirming the presence of the disease. Based on the results of the examination, a conclusion is drawn up, which contains the formulation of the diagnosis and an assessment of the possibility of further service. The conclusion is transmitted to the police department at the employee’s place of duty.
Drawing up a written notice. HR employees draw up a written notice containing references to the results of the medical examination as the reason for termination of the contract.

The VVK of the Ministry of Internal Affairs was declared unfit for service in the Department of Internal Affairs, what payments am I entitled to?

To receive payment, the dismissed (dismissed) employee submits a report (application) to the head of the department, which indicates the method of receiving payment (through the cash desk at the place of duty where the employee was on pay before dismissal; transfer to a personal bank account; postal order with postage paid collection at the expense of the recipient; in another way) and undertakes to inform in writing the head of the unit about the call for military training or entry into service in the internal affairs bodies of the Russian Federation, or institutions and bodies of the penal system, or the State Fire Service of the Ministry of the Russian Federation for Civil Defense, emergency situations and liquidation of consequences of natural disasters, or authorities for control of the circulation of narcotic drugs and psychotropic substances, or customs authorities of the Russian Federation, or prosecutorial authorities of the Russian Federation, or for military service.

• dismissed from service due to age, illness, redundancy or limited health, with length of service of less than 10 calendar years - 5 monthly salaries, from 10 to 14 calendar years inclusive - 10 monthly salaries, from 15 to 20 calendar years inclusive - 15 monthly salaries and over 20 years - 20 monthly salaries;

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lung diseases;

serious disturbances in the activity of the heart, for example, frequent jumps in blood pressure or pulse, etc.;

malignant formations;

diseases of the spine, resulting in limited mobility;

special conditions of the nervous system - chronic depression, etc.;

positive HIV.

The health of employees of the Ministry of Internal Affairs must be checked regularly based on current rules and regulations. For this purpose, a special commission is created that evaluates the progress of the audit and constantly monitors this procedure. This body gives a final opinion regarding the health status of each employee.

Disability of an employee of the Ministry of Internal Affairs: when assigned, amount of payments and how to register disability

When undergoing a medical examination, doctors determine the level of disability due to circumstances during service. The commission also determines groups, terms of assistance and medical rehabilitation.

Group 1: employees who have completely lost their ability to work and independent life. Such persons require constant care from relatives or representatives of social services.
Category 2: persons cannot work or engage in self-care due to health reasons. For such people, partial care and service by others is important.
Group 3: citizens who have partially lost their ability to work and can work under normal conditions.

Dismissal from the Ministry of Internal Affairs for health reasons: list of diseases

Unsatisfactory health is considered a valid reason for the dismissal of an employee of the Ministry of Internal Affairs or his transfer to a position with a lower workload. The degree of incapacity for work can only be determined by a special medical commission, which determines unsuitability for work in the internal affairs department. The procedure for dismissal from the Ministry of Internal Affairs for health reasons, the list of diseases and the amount of payments in 2021 are determined by law.

Persons leaving the police for health reasons can receive benefits and additional payments from the budget of municipal organizations. The main requirements for state support are evidence of injury and harm to health received in the performance of official duties.

Privileges for a military man

Upon dismissal due to general illnesses that are not a consequence of the performance of official duty, an employee of the Ministry of Internal Affairs receives:

salary for the last month;
compensation for unused vacation;
cash bonuses, if any, were accrued but not paid;
a one-time benefit in connection with length of service (if at the time of dismissal the employee served in the Ministry of Internal Affairs for 20 years or more, he is paid 7 salaries, and if the service is less than 20 years - 2 official salaries).

If harm to health is received as a result of a “work-related injury,” which is proven by the conclusion of the Internal Military Commission, then in addition to the specified allocations, the victim is entitled to:

one-time compensation in the amount of 2 million rubles;
monthly payments to military personnel upon dismissal in the event of disability.

The subsidy is maintained for 1 year from the date of dismissal and increases in the same way as regular salary increases for working colleagues.

In both cases, an employee of the Ministry of Internal Affairs, upon dismissal for health reasons, is entitled to insurance payments upon dismissal from the police. Since the health and life of a police officer are subject to compulsory state insurance at the expense of budgetary funds.

Dismissal from the police due to poor health does not imply payments in favor of the dismissed person.

Payments upon dismissal from the Ministry of Internal Affairs

According to clause 5 of Art. 83 of the Labor Code of the Russian Federation, dismissal from the Ministry of Internal Affairs due to illness is possible only if the employee has been declared completely incapable of work based on the results of a medical examination and there is a corresponding conclusion. If he is recognized as limitedly incapacitated for work, then management is obliged to offer him a position suitable for health reasons. If there is no such vacancy, then the officer or civil servant does not have the right to continue serving in the police department in the same place.

It is worth noting that, regardless of who initiated the termination of the contract - the head of the unit or the employee - upon dismissal, the latter is obliged to hand over the weapons and other property assigned to him, as well as all files, badges and service identification. All this is left in the relevant departments, and in the personnel department he must receive a bypass sheet and provide it to the boss even before the actual dismissal.

Obtaining insurance for employees of the Ministry of Internal Affairs, which injuries are covered?

What kind of insurance is required for a police officer in case of injury? Based on paragraph 5 of Article 43 of the Law on the Police, if an employee in the course of performing official functions received an injury or other damage to his health, due to which the further performance of service in the police becomes impossible, he is entitled to a one-time insurance payment, the amount of which is 2 million.

Russian Federation, State Fire Service, authorities for control over the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penal system; a list of injuries (wounds, injuries, concussions), classified as severe or mild, in the presence of which a decision is made on the occurrence of an insured event for military personnel insured under compulsory state life and health insurance, citizens called up for military training, private and commanding personnel of internal affairs bodies affairs of the Russian Federation, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penal system. Insurance in questions and answers Insurance of police officers is a mandatory measure set out in the Law “On the Police”.

Dismissal of a serviceman for health reasons

Termination of an officer's military service is possible due to deterioration of his health. To dismiss in this situation, you will need a conclusion from a military medical commission. The commission determines whether the service member is fit or unfit based on the conclusion of the medical examination.

There are also benefits for children of military personnel. Within a month after applying without a queue, they can get a place in a preschool or general education institution, as well as in a health summer camp. It is important to note that all these benefits are provided only with continuous work experience.

Upon receipt of a working disability group, the officer is given the right to obtain a vacancy in local government agencies in accordance with his specialty. In this case, this time of work will be included in the total length of service, which will serve to recalculate the one-time bonus in accordance with length of service.

a clinical expert commission, which determines the degree of loss of work functions by the employee, and also makes recommendations on optimal working conditions;
a medical and social expert commission, which has the right to make a decision on complete or partial permanent loss of ability to work and on establishing a disability group. MSEC also gives recommendations on the necessary working conditions if the ability to work is partially preserved.

Neither the commander (chief) of the unit, nor other officials can put pressure on the serviceman when he makes a decision regarding further continuation or termination of service, since if an officer (or warrant officer) is recognized as partially fit for service, he still has the right to continue it.

If the duration of military service is less than 20 years, the person leaving will be paid a benefit equal to two salaries. If a military man has served for more than 20 years, he is entitled to a payment of seven salaries. When calculating, only full years of service are taken into account (without rounding up). If during his service he received a state award, then he is paid another salary.

Thus, in pursuance of Article 23, persons who have served for at least 10 years and are registered as needing residential premises cannot be dismissed for health reasons without the provision of housing, moreover, in the locality where the employee plans to live after leaving the reserve and where he is registered as in need of improved housing conditions.

The serviceman is recognized by the Military Military Commission as partially fit for military service

2. Annual financial assistance is paid to military personnel performing military service under a contract (hereinafter referred to as military personnel), in the amount of at least one monthly salary of a military personnel.

The serviceman is subject to dismissal from military service;
A serviceman performing military service under a contract may be early dismissed from military service;
A soldier performing military service under a contract has the right to early dismissal from military service.

Retirement from the Ministry of Internal Affairs

1. Termination or dissolution of a contract with an employee of internal affairs bodies, his dismissal from service in internal affairs bodies and exclusion from the register of employees of internal affairs bodies are carried out by the head of the federal executive body in the field of internal affairs or an authorized head.

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As for the difference between injury or illness for the purposes of establishing disability, there is none. Disability will be recognized as an insured event only when the reasons for its establishment occurred in connection with the performance of official duties (whether it be an injury received during service or illness).

Severance pay is paid for the 2nd and 3rd months in the absence of employment and registration with the employment center.
Payment is made on the day the citizen is dismissed.
To receive benefits in the 2nd and 3rd months, you must submit a certificate from the employment center and a work book certifying the absence of work.
Pensioners may be denied severance pay for the 2nd and subsequent months due to receiving state old-age benefits.

Severance pay is paid for one month. Over the next thirty days, such material benefits can be provided if you look for a new job and provide evidence of lack of income to your former employer. It is also allowed to pay severance pay for the third month after dismissal if the citizen registered with the regional employment center within two weeks after the end of his working life and this body did not provide him with a job. Such financial assistance for the second, and even more so for the third months, is provided to persons who have not reached retirement age.

Is the position reserved for the employee?

The legislation provides for the retention of a job for an employee in case of curable diseases.

So, for example, an employee can return to his position after recovery:

Tuberculosis;
Removal of a cancerous tumor;
Venereal diseases;
Not chronic diseases that can be cured with proper treatment.

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Find out further. However, if the dismissal occurred due to the assignment of a disability group or recognition of a person as incapable of work, the person’s job is not retained.

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lung diseases;
serious disturbances in the activity of the heart, for example, frequent jumps in blood pressure or pulse, etc.;
malignant formations;
diseases of the spine, resulting in limited mobility;
special conditions of the nervous system - chronic depression, etc.;
positive HIV.