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⭐ ⭐ ⭐ ⭐ ⭐ Good day, dear blog readers, right now we will be covering perhaps the most necessary and interesting topic for you - Payments to Military Personnel Upon Dismissal According to Oshm in 2021. After reading, you may still have questions, so it is best to ask them in the comments below.

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The actions of management to reorganize and liquidate certain parts of the system are certainly legitimate. Adapting to current goals and objectives, with the help of a set of measures, the army changes the number of both employees and positions.

Payments and benefits upon dismissal under OSHM: what is due to a military personnel

In order to improve its structure, the army regularly carries out organizational and staffing activities. These changes involve layoffs of employees. Anyone who has found themselves in such a situation or may find themselves in it needs to understand what compensation is provided for them by the state. This article will explain what payments a serviceman can expect upon dismissal under the general military order.

What payments are due to a military personnel?

In the event of a reduction in the General Staff without the right to a pension and the possibility of transfer to another unit, payment of salary according to military rank is provided for one calendar year. The size of this salary is determined and regularly increased by the Government of the Russian Federation.

Such citizens cannot be fired without providing them with housing or a subsidy for its purchase in any region of the Russian Federation. Dismissal of a serviceman without housing is possible only if he refuses the offered apartment, or fails to provide documents without good reason within a month after notifying the Ministry of Defense of its readiness to provide him with housing. However, this does not mean that dismissed military personnel will be left without an apartment: they are also provided with housing, only later. This right is enshrined in Article 15 of this law.

The Armed Forces of the Russian Federation, like any government structure, are sometimes subject to reorganization processes, during which changes occur in the composition and characteristics of positions. Such phenomena are officially called organizational and staffing events, and are designated using the abbreviation OSHM.

Compensation upon dismissal under OSHM

Since staff reductions cause material and moral damage, the state guarantees compensation to military personnel upon dismissal. According to the text of the law, the dismissed person is entitled to the following payments:

) for three family members (upon dismissal, the apartment was privatized 1/3 for each family member), who was later reinstated into service and was put on a waiting list for improved living conditions. (Colonel, 25 years of service)

reaching the service age limit;
expiration of the contract;
due to a health condition that is confirmed by a medical commission and does not make it possible to continue serving;
deprivation of rank and loss of confidence.

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You need to immediately call the toll-free number of the bank where your card was issued and order a new card. Don't forget to find out the address of the nearest bank branch where you can get the card. Then, after the bank issues a new card, you contact your immediate commander (platoon or company commander) so that he can take you to the nearest bank branch to get it.

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The dismissal of a serviceman due to general military training is a topic that has a lot of nuances. In what order and under what conditions will dismissal based on general military training be legal? Is there a difference for civilian personnel employed in military units, what payments must be made by law?

Dismissal according to the organizational staff of a military personnel

payment of benefits after exclusion from military service is carried out taking into account the full number of years served;
When a serviceman is dismissed and transferred to a civilian position, compensation is calculated based on the salary of the last position.

Bonuses for high-quality performance of duties.

Advice from lawyers:

a) persons specified in Article 1 of this Law who have length of service in military service on the day of dismissal from service

and (or) in the service in the internal affairs bodies, and (or) in the service in the State Fire Service, and (or) in the service in the authorities for control over the circulation of narcotic drugs and psychotropic substances, and (or) in the service in institutions and bodies penal system, and (or) in service in the National Guard of the Russian Federation
for 20 years or more
;

The exact composition of the payments that a serviceman can count on under general military training will be indicated in the order of the unit commander, and depends on the number of calendar and preferential years of service. You can check the correctness of the calculation by reading the materials of your personal file.

It is worth noting that the implementation of such changes does not mean the immediate dismissal of a serviceman. He can be placed at disposal (for a period of up to 6 months), transferred to an equal, lower or higher military position (clause 11, article 11 of the above-mentioned Decree of the President of the Russian Federation).

What payments are due for OSHM?

place the citizen at his disposal for a period of up to 6 months - in this case, the serviceman retains all types of salary, although his position will actually be reduced;
transfer a citizen to a higher or lower position - this option is allowed only with the consent of the serviceman expressed in the report;
transfer an employee to an equivalent position - in this case, the citizen’s consent is not required, and judicial practice allows transfer even to another locality.

Important!
The amount of monetary allowance after dismissal can be adjusted even if the citizen received any military awards from the Russian Federation or the former USSR during his service.

How much salary is a serviceman entitled to upon dismissal?

the duration of the main leave of a serviceman performing military service under a contract in the year of dismissal from military service is calculated by dividing the duration of the main leave established for the serviceman by 12 and multiplying the resulting number of days by the number of full months of military service that have passed from the start of military service to the end of the calendar year , in which the serviceman entered military service, or from the beginning of the calendar year until the expected day of his exclusion from the lists of personnel of the military unit.

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Payments to military personnel upon dismissal at the end of the contract

Attention!
Persons who served the Fatherland under a contract, who served in the internal affairs system, in the fire-fighting structure, in the criminal-executive structure with a service period of less than twenty years and who went into the reserve due to an accident, are assigned a payment in the amount of their salary throughout the year. In this case, there should be no possibility of transferring the serviceman to another place of service.

In the course of the OshM, associated, for example, with the transition to a new staff, military personnel can submit a report that they were dismissed in connection with the OshM with reference to paragraph 2 of Art. 51 Federal Law No. 53.

The procedure for dismissal under OSHM

A soldier who is serving under a contract may be prematurely dismissed from military service in connection with ongoing organizational and staffing measures (hereinafter referred to as OSM), let's see how this happens?

How to correctly write a report on dismissal under OSHM?

As a rule, if a person's service period is 10 years or more and the soldier needs housing, then he cannot be discharged from service without providing him with housing or a subsidy so that he can purchase or build housing.
Upon dismissal, a serviceman is provided with an established salary, food and clothing.

The monthly social benefit for citizens with more than 15 years of military experience is 40% of the salary at the time of dismissal, with each subsequent year an increase of 3%. Payments are made within five years from the date of dismissal.

Payments to military personnel upon dismissal from service under general military training

Dismissal of military personnel under the General Staff Order is early, that is, before the expiration of a previously signed contract, so a soldier or officer needs additional financial assistance and other benefits that will help him and his family survive a difficult period. Even if a serviceman decides to resign under the general classification , he will ultimately be entitled to the following privileges:

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The procedure for dismissal during general training applies only to those military personnel who work on a contract basis. Very often, military personnel themselves file a petition for dismissal for reasons of general injury. A situation may also arise in which a procedure for transferring to civilian positions is organized for employees in the army, but their stay in them can last no more than 180 days.

The total amount of pension provision is arithmetically calculated by multiplying the social pension, taking into account the territorial coefficient adopted by a tripartite agreement of the Federal authorities, regional trade unions and the association of local employers, by the above value, depending on the disability group and the reason for receipt.

Legislation at the Federal level has determined a list of benefits for military personnel demobilized due to an occupational disease or injury:

Dismissal of a military personnel according to the General Staff 2021

Payments upon dismissal from military personnel 2020

Regardless of the grounds for dismissal from service, the citizen is guaranteed a full payment of salary, allowances and compensation approved by regulations. In addition, days of unused vacation will be provided, or appropriate compensation in cash will be awarded.

disbandment, reorganization, renaming, reassignment and other actions carried out in relation to the permanent staff of military personnel;
changes in the composition and number of staff in the Armed Forces of the Russian Federation;
renaming positions and specialties of military personnel, as well as other types of organizational and staffing measures.

What is due to a serviceman upon dismissal due to general dismissal (for organizational events)

The possibility of waiving the bonus for the qualification level in physical training, as well as on the basis of Order 1010, has been discussed for a relatively long time. It turns out that paying such charges requires significant funds, which, unfortunately, are not always sufficient in the treasury. It turns out that after the adoption of the corresponding resolution, other, no less important measures may appear to optimize the amount of expenses for paying monthly allowances to Russian military personnel.

As for the GHS, a citizen is considered to be provided with housing (in relation to the question of when it can be excluded from the lists) not at the time of moving into it or even at the time of its acquisition, but at the moment of receiving the GHS. True, they will not evict you from the SZhP until it is implemented. This means that you will be expelled, and then you will have to wait your turn as a civilian. You decide; some who urgently need to quit go this route.

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Serving under a contract in the RF Armed Forces provides a special list of grounds for dismissal at the initiative of management or a serviceman. The implementation of organizational and staffing measures (OSM) is partly associated with the reduction of individual positions or entire structural units. In this article, we will consider the procedure for dismissing a military personnel under the general military order, and the possible legal consequences for the citizen.

In addition, the report can indicate that the serviceman does not agree with the transfer to lower positions, but is ready to consider transfer to higher positions. And also state a request for referral to the Military Military Commission and for retraining. In addition, the content can reflect whether or not the army soldier was provided with housing.

Thus, a contract soldier who has fallen under OSH has the right to submit a report for early dismissal from the ranks of the RF Armed Forces in connection with organizational arrangements. In the event that an army soldier was transferred out of state for six months, then after the expiration of this period he also has the right to demand dismissal in connection with the general injury.

The procedure for dismissal from the ranks of the RF Armed Forces according to OshM

reduction of the position held, provided that the serviceman cannot be appointed to a similar position and at the same time does not want to move to a lower or higher position;
the expiration of the maximum period of time during which a person can be at the disposal of the commander;
recognition by a military medical commission as unfit for service in a specific position, provided that the serviceman does not want to move to other positions;
reducing the number of positions related to one military specialty, or replacing them with one composition;
inability to get a previous position, which was held by a specific person before a criminal case was opened against him (if he was found innocent and the case was closed).

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Organizational and staffing measures: what is it?

First of all, the management of a particular institution in which reorganization or liquidation processes are planned to be carried out issues an appropriate order to carry out the OSM.
Next, all employees are familiarized with this document, and those persons whose positions are subject to reduction, reorganization and other changes may be asked to take a lower or higher position (if it is impossible to transfer them to an equal position).
If a serviceman does not agree to move to another place, then he must declare his desire to resign. In this case, an individual conversation is first conducted with him. As a rule, it is organized by the commander of a military unit. The results of the conversation are officially recorded in a special form, which is called the “conversation sheet” (Appendix No. 9 to the order of the Minister of Defense of the Russian Federation dated October 30, 2015 No. 660).

Financial assistance is calculated once a year. Its size is determined by the amount of allowance of a citizen serving the Motherland. That is, the accrual of financial assistance depends on the position of the contract employee. Financial assistance according to the organizational staff is not awarded in the following cases:

As stated in paragraph 2 of Art. 34 of Decree of the President of the Russian Federation No. 1237, dismissal on one of the grounds listed in Art. 51 of Law No. 53-FZ, including under general management, as a rule, is carried out from their positions without transferring to the subordination of commanders.

In what cases can a soldier be fired?

Law of the Russian Federation of February 12, 1993 N 4468-I “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system , troops of the National Guard of the Russian Federation, and their families"

Family members of a military personnel who have lost their breadwinner can also count on exemption from property taxes. In this case, the inspection may require: a certificate of a military unit, a certificate from the military registration and enlistment office, as well as a pension certificate that has the appropriate stamp or record, certified by the seal and signature of the head.

What will a serviceman be subject to upon dismissal in 2020?

An employee dismissed from an organization located in the Far North and equivalent areas due to a reduction in the number or staff of the organization's employees is paid a severance pay in the amount of average monthly earnings. The employee also retains his average monthly salary for the period of employment, but not more than three months from the date of dismissal (including severance pay).

07 Oct 2021 uristlaw 207

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Grounds for dismissal according to general education

As noted above, the OShM represents a reorganization of the RF Armed Forces. A set of measures aimed at improving the structure may include the disbandment of some command and control bodies of the RF Armed Forces and military units.

As part of such events, military units are often reorganized and redeployed. It may also be possible to introduce some changes to the staff of military units, for example, changes in military position, rank, etc.

As part of the OSHM, the following may apply to a serviceman:

transfer outside the state for a six-month period;
appoint to an equal military position without obtaining his consent;
transfer the army man to a position unequal to the previous one. To do this you will have to obtain his consent.

If a serviceman is offered an equivalent position, regardless of where in the country it is located, he does not have the right to refuse it. In the event that such a position turns out to be unequal to the one that was before, then this will be the basis for leaving the army service under the General Staff.

By the way , equivalence means that a serviceman in a new position will receive the same salary, and it will correspond to his rank.

According to Art. 34 of Decree of the President of the Russian Federation No. 1237 of September 16, 1999, a serviceman will be able to retire if:

the position he held was reduced and at the same time they could not provide an equivalent position. At the same time, the army man does not give his consent to the transfer. The Supreme Court of the Russian Federation spoke in a similar way in its Plenum No. 8 of May 29, 2016.
he was transferred out of staff, but during this period the command was unable to find an equivalent position in a structural unit of the RF Armed Forces;
his rank or monthly salary was reduced;
according to the results of the military military examination, he was declared unfit for military service in a specific military specialty (MUS);
positions in his accounting specialty were cut.

Thus, we can conclude that obtaining consent from a serviceman is required if it is planned to transfer him to a higher position or, conversely, to a lower one. If he does not agree with the transfer, then he can leave the army early on the basis of paragraph “a” of paragraph 2 of Art. 51 of Law No. 53-FZ of March 28, 1998. Refusal of an equal position will entail dismissal for failure to comply with the conditions stipulated by the contract. In this case, it will be almost impossible for the serviceman to return to the ranks of the Russian armed forces.