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Is the workplace preserved when leaving. Is the job saved when leaving for the army


In all cases, even with consent, pregnant women, underage employees and some other categories cannot be recalled from leave. Compensation for leave after dismissal The application for leave must be signed by management If an employee leaves without using the right to annual paid leave, he is entitled to monetary compensation, the amount which depends on the hours worked. For this, the average daily earnings are calculated and multiplied by the number of days to be provided as a vacation period. If an employee has worked in the organization for less than 15 calendar days in total, then he will not be paid vacation compensation. If he has worked more than 15 days, then vacation pay is paid for 1 full month.

Chapter 19

Attention

This does not take into account the time of work in the organization: the vacation period can begin even if the total length of service is only 6 months. Rules for transferring holidays and payment of compensation Holidays can be divided into parts An employee has the right to divide annual leave into several periods, one of which must be at least 14 days. The employee must use the full number of vacation days before the end of the calendar year, part of the days can be replaced by monetary compensation by agreement with the employee.


If the employee cannot be sent on vacation due to production needs, then the employer is obliged to pay him full compensation for all days. However, it is prohibited by law to replace vacation with monetary compensation for 2 consecutive years or more. For minors, such a replacement is impossible in principle, even by agreement of the parties.

Annual paid vacation

In this case, next year the employee will receive the full amount of benefits for all days provided.

  • It is possible to get the remaining days in the same year in a few weeks or months. This issue is agreed with the employer.
  • Instead of the remaining days, the employee has the right to receive monetary compensation. This is usually done if there is no possibility to use the remaining days, and the employee cannot return to the interrupted rest.
  • In all cases, the withdrawal of their vacation is only voluntary and is issued with the consent of the employee.

    If an employee refuses to go to work or leaves the city, then this cannot be a reason for any penalties from the management.

Rules for granting another vacation

Typically, the duration of such a period is twenty-eight calendar days. As a rule, the procedure for granting vacations allows each employee of the organization to take advantage of annual paid days of rest. This time may be extended in accordance with the Labor Code and company regulations.
Receipt of additional days of rest Additional leave, at which the place and the average monthly payment are retained, is granted to persons:

  • involved in the field of dangerous and harmful labor activity;
  • with a special specific nature of work;
  • with an irregular day;
  • working in the Far North or in places with difficult working conditions.

The organization, by virtue of its capabilities - both financial and production - can itself regulate the procedure for providing additional days of rest, even if this is not provided for by labor legislation.

Rules for granting leave to an employee under the labor code. fundamental rules

Such a year is counted from the date the employee enters work, and not from January 1 (Article 123 of the Labor Code of the Russian Federation). As for the first year of work with a new employer, the employee has the right to use the leave after 6 months. But in agreement with the management, a newly minted employee can go on vacation earlier (Art.
122

Important

TC RF). The next paid leave can be granted to an employee at any time during the calendar year in accordance with the vacation schedule (Article 122 of the Labor Code of the Russian Federation). Each employer approves such a schedule no later than 2 weeks before the calendar year, that is, no later than December 17 of the current year, a vacation schedule for the next year must be drawn up and approved (Article 123 of the Labor Code of the Russian Federation). If the employee is going on vacation according to the schedule, then it is not necessary to take an application from him for the next vacation.

Leave arrangements. labor code of the russian federation

Leave for students Educational leave is provided for people to study by the employer or self-study in state accredited bachelor's, specialist's, master's degree programs in part-time and part-time education. The organization gives an additional rest period while maintaining the average wages for certification in the first and second year for up to forty calendar days. In subsequent courses - up to 50. Leave without pay is also provided:

  • Persons admitted to the entrance examinations.
  • Employees who are students of the preparatory departments of higher educational institutions for the final certification.
  • For people to pass attestation for bachelor's, specialist's and master's programs in full-time.
  • Employees mastering state distance learning programs for accreditation.

Home → Accounting advice → Holidays Actual as of: May 16, 2016 Every person working under an employment contract has the right to leave (part 5, article 37 of the Constitution of the Russian Federation, article 21 of the Labor Code of the Russian Federation). Vacation refers to the rest time of the employee, i.e. during this period he is released from the performance of his labor duties and has the right to use this time as he sees fit (Art.

106, 107 of the Labor Code of the Russian Federation). Paid leave is provided to the employee annually (Article 122 of the Labor Code of the Russian Federation). For the period of the next vacation under the Labor Code 2016, the employee retains his place of work (position), as well as average earnings (Article 114 of the Labor Code of the Russian Federation). That is paid vacation at the expense of the employer. Paid leave must be granted to an employee regardless of his place of work, shift, form of remuneration, position held, term of the employment contract, legal form of the employer, etc.

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All employees who carry out their activities under an employment contract are entitled to annual paid leave. Its payment is carried out on the basis of regulatory documents regulated by Russian law. What is a vacation and who can use it?


During this period, he retains the position and the average salary. Persons who are on a permanent, temporary, seasonal work. As well as people who carry out their production activities part-time, at home, remotely, and so on.
The vacation period cannot be canceled or shortened. The rule does not apply to employees with civil labor contracts, such as work contracts, assignments.

Is the job reserved during annual leave?

If the employee has not worked at a part-time job for 6 months, the leave is granted in advance. The rules on holidays (approved by the NCT of the USSR on April 30, 1930), which are currently in force insofar as they do not contradict the Labor Code of the Russian Federation, provide that leave can be granted even before the entitlement to it, i.e., in advance. At the same time, the vacation must be complete, that is, the duration established by law, and also fully paid.

In addition, the issue of the possibility of granting leave in advance can also be regulated in a collective agreement or other local regulatory act of the organization. Leave for the second and subsequent years of work can be granted at any time of the year in accordance with the vacation schedule. The vacation schedule is drawn up no later than two weeks before the start of the calendar year.
Also, vacation must be postponed if the employee, due to production needs, agreed not to go on vacation in the current working year, or was recalled from vacation. Holiday pay for employees for income tax purposes Payment for employees' vacation days is taken into account for income tax purposes as part of labor costs (clause 1, article 252, clause 7, article 255 of the Tax Code of the Russian Federation). We are talking about vacation pay, paid in accordance with the legislation of the Russian Federation. So this is the payment:

  • main annual leave (regular or extended);
  • additional annual leave granted to certain categories of employees;
  • study leave, for the period of which the employee retains average earnings (Articles 173-176 of the Labor Code of the Russian Federation, clause 13 of Art.

In our country, military service appeared many centuries ago. Even in the Muscovite state, there was a well-organized army, in which only nobles served. A full-fledged regular army appeared under Peter I on the basis of a recruitment call, which included peasants, petty bourgeois and other taxable classes. In turn, Alexander II introduced general personal service for the male population of the country. Currently, male citizens between the ages of 18 and 27 are subject to military conscription. At the same time, on October 1, the next autumn recruitment campaign for recruits began. In the article we will consider the obligations of the employer in relation to conscript workers.

Who can be called

Legal regulation in the field of military duty and military service is regulated by the Federal Law of March 28, 1998 N 53-FZ "On military duty and military service" (hereinafter - Law N 53-FZ). The order of conscription is prescribed in the Regulations on the conscription of citizens for military service. Russian Federation(hereinafter referred to as the Regulations on Conscription), approved by Decree of the Government of the Russian Federation of November 11, 2006 N 663. Instructions for the preparation and implementation of activities related to the conscription of citizens of the Russian Federation who are not in the reserve, approved by Order of the Minister of Defense of the Russian Federation of October 2, 2007 N 400 (hereinafter referred to as the Instruction).

Call for military service is subject to male citizens aged 18 to 27 years old, who are or are required to be registered with the military and are not in the reserve (clause 1, article 22 of Law N 53-FZ). An exception is made for the following persons (Articles 23 and 24 of Law N 53-FZ):

- exempted from military duty (due to health reasons, relatives of dead servicemen, etc.);

- having a delay (due to health reasons; single dads with two or more children; guardians of minor brothers / sisters; having a child and a pregnant wife whose pregnancy is at least 26 weeks, etc.);

- not subject to conscription (having an unexpunged conviction, in respect of which an inquiry is underway, etc.).

Terms of the call

Conscription for military service is carried out twice a year: from April 1 to July 15 and from October 1 to December 31 on the basis of decrees of the President of the Russian Federation (clause 1, article 25 of Law N 53-FZ).

Table 1. Terms of conscription for military service of citizens who are not in the reserve

Call order

Conscription for military service includes (clause 1, article 26 of Law N 53-FZ):

- Appearance for a medical examination and a meeting of the draft board;

- turnout for sending to the place of military service.

Citizens are summoned to all events related to conscription by summons from the military commissariat (clause 3, article 26 of Law N 53-FZ).

A similar procedure applies when sending citizens to alternative civilian service. This follows from paragraphs 1 and 3 of Art. 10 of the Federal Law of July 25, 2002 N 113-FZ "On Alternative Civil Service" (hereinafter - Law N 113-FZ).

Note. A citizen has the right to replace conscription military service with alternative civilian service in cases where (Article 2 of Law N 113-FZ):

- military service is contrary to his beliefs or religion;

- he belongs to the indigenous small people, leads a traditional way of life, carries out traditional management and is engaged in traditional crafts.

The regulation on the procedure for performing alternative civilian service (hereinafter referred to as the Regulation) was approved by Decree of the Government of the Russian Federation of May 28, 2004 N 256.

Alternative civilian service is a special type of labor activity in the interests of society and the state, carried out by citizens in return for military service by conscription (clause 1 of the Regulations). The replacement of military service with an alternative one is carried out on the basis of an application submitted to the military commissariat (clause 1, article 11 of Law N 113-FZ). The not particularly popular alternative service is associated with its terms, which are 1.5 - 1.75 times longer than the period of conscripted military service (Article 5 of Law N 113-FZ).

The agenda is a document by which conscripts are summoned to the military commissariat to clarify the issues of military registration and conduct activities related to the preparation and conduct of conscription for military service. The agenda must be signed by the military commissar and certified by the seal of the military commissariat. The agenda indicates the reason for the call (Appendix N 30 to the Instructions):

- to clarify military registration documents;

- to undergo a medical examination or events related to it;

- to pass the recruiting committee;

- to be sent to the place of military service;

- to be sent to alternative civilian service.

As a rule, the summons is handed over to the conscript no later than three days before the deadline indicated in it (clause 34 of the Instruction).

We pay for the employee's absence from work

For the duration of the employee’s participation in measures to ensure the fulfillment of military duty (registration for military service, passing a medical examination, attendance at a meeting of the draft commission), the employer must release him from the performance of labor duties. For these employees, the place of work is retained and the average salary is paid (Article 170 of the Labor Code of the Russian Federation and clause 1 of Article 6 of Law N 53-FZ).

Average earnings are calculated according to the rules specified in Art. 139 of the Labor Code of the Russian Federation and in the Regulation on the peculiarities of the procedure for calculating the average wage, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922.

Note. In tax accounting, the amount of average earnings retained by the employee for the duration of military duty:

- are taken into account as part of labor costs (clause 6 of article 255 of the Tax Code of the Russian Federation);

- subject to personal income tax (Article 209, paragraph 1 of Article 210, Article 217 of the Tax Code of the Russian Federation, Letter of the Ministry of Finance of Russia dated November 10, 2009 N 03-04-05-02 / 13);

- are subject to insurance premiums for compulsory social insurance (part 1, article 7 and article 9 of the Federal Law of July 24, 2009 N 212-FZ "On insurance premiums to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund ", hereinafter - Law N 212-FZ; Letter of the FSS of the Russian Federation dated 13.04.2011 N 14-03-11 / 08-3338);

- are subject to contributions for compulsory insurance against industrial accidents and occupational diseases (Articles 20.1 and 20.2 of the Federal Law of July 24, 1998 N 125-FZ "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases", hereinafter - Law N 125-FZ; Letter of the FSS of the Russian Federation of November 17, 2011 N 14-03-11 / 08-13985).

If the company uses unified forms, then the time of the employee’s participation in measures to ensure the fulfillment of military duty is reflected in the time sheet with the letter code “G” or the digital code “23” (Resolution of the State Statistics Committee of Russia dated 05.01.2004 N 1 “On approval of unified forms of primary accounting documentation for the accounting of labor and its payment "; hereinafter - Resolution N 1).

Note. When called up for service, military registration and enlistment offices send citizens for a medical examination (clause 1, article 5 of Law N 53-FZ). Since 2014, the examination and examination of citizens during the initial registration for military registration and conscription for military service has been carried out in accordance with the Regulations on military medical examination, approved by Decree of the Government of the Russian Federation of 04.07.2013 N 565.

We reimburse expenses

The average earnings paid for the time of participation in activities for the performance of military duty (taking into account accruals to the funds), the costs associated with renting housing and paying for travel to another locality and back, as well as travel expenses are subject to reimbursement from the budget. This follows from paragraph 2 of Art. 5 of Law N 53-FZ and paragraphs. 5 p. 2 and p. 4 of the Rules for reimbursement 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", approved by Decree of the Government of the Russian Federation of December 1, 2004 N 704 (hereinafter referred to as the Rules for reimbursement of expenses) .

Arbitrage practice. The courts explained that during the period of passing a medical examination, as well as other measures to ensure the fulfillment of military duty to working citizens, employers pay average earnings, on which insurance premiums are charged.

In the future, the military commissariat is obliged to compensate the employer for the costs associated with both the payment of average earnings and the payment of insurance premiums. This conclusion is contained in the following Resolutions: FAS of the North-Western District of November 9, 2012 in case N A26-493 / 2012 (Determination of the Supreme Arbitration Court of the Russian Federation of December 28, 2012 N VAS-17305 / 12), FAS of the Ural District of September 05, 2013 N F09- 8466/13, FAS of the Far Eastern District of 06/09/2012 N F03-2011/2012 (Determination of the Supreme Arbitration Court of the Russian Federation of 10/19/2012 N VAS-13062/12), FAS of the West Siberian District of 07/05/2013 in case N A46-29291 / 2012 .

To pay compensation to the military commissariat, you must submit (clause 5 of the Rules for Compensation of Expenses):

- a letter indicating the reimbursed expenses and bank details of the organization (the official letterhead is signed by the head (deputy head) and the seal of the company);

- copies of documents on actual expenses incurred.

For a sample letter, see example 1.

Note. In case of reimbursement of the employer's expenses from the budget, the funds received are reflected in non-operating income (Letter of the Ministry of Finance of Russia dated November 11, 2011 N 03-03-06 / 2/170).

The procedure for the dismissal of conscripts

The basis for the dismissal of an employee is a summons to appear at the military commissariat to be sent to the place of military service or to be sent to alternative civilian service (clause 16 of the Regulations on conscription, clause 2 of article 14 of Law N 113-FZ, Appendix N 30 to the Instruction ).

Note. A citizen sent to alternative civilian service is obliged to appear at the time and place specified in the agenda and receive an order under his personal signature to leave for the place of service (clause 2, article 14 of Law N 113-FZ).

In this case, the day of termination of the employment contract is the last day of work of the conscript employee (part 3 of article 84.1 of the Labor Code of the Russian Federation).

The employer issues an order to terminate the employment contract due to circumstances beyond the control of the parties, in connection with the conscription of the employee for military service or in connection with the assignment of the employee to alternative civilian service (clause 1, part 1, article 83 of the Labor Code of the Russian Federation) ..

The order is signed by the head of the company (or other authorized person), then the employee is introduced to him under the signature.

One of the following entries is made in the work book (clause 1, part 1, article 83 and clause 10, part 1, article 77 of the Labor Code of the Russian Federation):

1) “The employment contract was terminated due to circumstances beyond the control of the parties, in connection with the conscription of the employee for military service, paragraph 1 of the first part of Article 83 Labor Code of the Russian Federation" - when called up for military service;

2) “The employment contract was terminated due to circumstances beyond the control of the parties, in connection with the assignment of the employee to alternative civilian service, paragraph 1 of the first part of Article 83 of the Labor Code of the Russian Federation” - when sent to alternative civilian service.

A sample of filling out a work book on the termination of an employment contract in connection with the conscription of an employee for military service.

INFORMATION ABOUT THE WORK OF TC N 8604301

N records the date Information on hiring, transfer to another permanent job, qualifications, dismissal (with reasons and a link to the article, paragraph of the law) Name, date and number of the document on the basis of which the entry was made
Number Month Year
1 2 3 4
7 12 11 2014 Employment contract terminated Order
Under the circumstances, not From 11/11/2014
depending on the will of the parties, N 48-k
Links to recruiting worker
For military service, paragraph 1
Parts of the first article 83
Labor Code
Russian Federation
HR Specialist
Markina E. A. Markina
Seal of LLC "Saldo"
Signature

Upon receipt of a work book, the employee signs in a personal card and in the book of accounting for the movement of work books and inserts in them. This follows from clause 41 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of 04/16/2003 N 225.

On the day of dismissal, the employee is paid the following amounts (Article 140 and Part 3 of Article 178 of the Labor Code of the Russian Federation):

1) wages for actual hours worked;

2) compensation for all unused holidays;

3) severance pay in the amount of two weeks average earnings.

The procedure for taxation of these payments is reflected in the table.

The procedure for taxation of payments upon dismissal of conscripts

Note. Until now, the Rules on regular and additional holidays approved by the NCT of the USSR on April 30, 1930 N 169 (hereinafter referred to as the Rules) are still relevant. Recall that upon dismissal of an employee who did not use his right to vacation, he is paid compensation for unused vacation. At the same time, dismissed persons who have worked with this employer for at least 11 months receive full compensation. Also, full compensation is due to employees who have worked from 5.5 to 11 months if they leave as a result of entering active military service (clause 28 of the Rules).

Responsibility

If the employer did not provide citizens with the opportunity to timely appear at the military registration and enlistment office, then the head of the organization or other official will be fined in the amount of 500 to 1000 rubles. (Article 21.2 of the Code of Administrative Offenses of the Russian Federation).

For an employee, failure by citizens to fulfill military registration obligations entails a warning or the imposition of an administrative fine in the amount of 100 to 500 rubles. (Article 21.5 of the Code of Administrative Offenses of the Russian Federation). Evasion of military service is a criminal offense.

So, draft evasion for military service is punishable (part 1 of article 328 of the Criminal Code of the Russian Federation):

- a fine of up to 200,000 rubles. or in the amount of salary or other income for a period of up to 18 months;

or forced labor for up to two years;

or arrest for up to six months;

or imprisonment for up to two years.

Evasion of alternative civilian service is punishable (part 2 of article 328 of the Criminal Code of the Russian Federation):

- a fine of up to 18,000 rubles. or in the amount of salary or other income for a period of up to six months;

- or compulsory works for up to 480 hours;

or arrest for up to six months.

Social guarantees for citizens who have completed military service

Employees of the personnel department should remember that the period of military service by conscription includes:

1) in the insurance period for benefits for temporary disability, pregnancy and childbirth (part 1.1 of article 16 of the Federal Law of December 29, 2006 N 255-ФЗ “On compulsory social insurance in case of temporary disability and in connection with motherhood”);

2) in seniority (clause 2, article 28 of the Law of the Russian Federation of April 19, 1991 N 1032-1 "On employment in the Russian Federation") at the rate of one day of military service for two days of work (clause 3 of article 10 of the Federal Law dated 05/27/1998 N 76-FZ "On the status of military personnel"; hereinafter - Law N 76-FZ);

3) in the length of service for pensions (it is counted if the period of service was preceded or followed by periods of work or other activities) (clauses 1, clause 1 and clause 2, article 11 of the Federal Law of December 17, 2001 N 173-FZ " On labor pensions in the Russian Federation).

Citizens discharged from military service are given the following additional rights to employment and social security (clause 5, article 23 of Law N 76-FZ):

- provision by employment services in the priority order of work, taking into account their specialty in state organizations;

- preservation within three months after dismissal from military service for citizens who worked before conscription in state organizations, the right to work in the same organizations for a position not lower than that held before conscription;

- the preferential right to leave the job, which they entered for the first time, with a reduction in staff;

- provision of financial assistance to citizens dismissed after military service by conscription and taken to their previous place of work, in the manner determined by Decree of the Government of the Russian Federation of November 25, 1998 N 1394 “On the procedure for providing citizens dismissed after military service by conscription and accepted for the previous place of work, financial assistance for the initial establishment of a household” (at least 500 rubles).

The time spent in alternative civilian service is counted in the total and continuous work experience and in the length of service in the specialty (clause 2, article 19 of Law N 113-FZ). At the same time, within three months after the dismissal of a citizen from the service, the right to work in the same organization and in the same position is retained, and in its absence, to another equivalent job (position) in the same or, with the consent of the employee, another organization ( Clause 4, Article 19 of Law N 113-FZ).

Citizens called up for military or alternative service during the period of study, upon dismissal from service, retain the right to continue their education in educational institutions in which they studied before the call (clause 5, article 19 of Law N 76-FZ and clause 5, article 19 of Law N 113-FZ).

Dismissal in connection with conscription into the army is formalized in a special way. Our article describes the procedure for dismissal on this basis, and also tells what conditions must be met in the event of certain situations.

When to expect a call

Young men from 18 to 27 years old who are not in the reserve 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 for service:

  • persons not subject to conscription, exempted from both military service and conscription, including those who have completed alternative civilian service (Article 23 of Law No. 53-FZ);
  • those who received a deferment from conscription (Article 24 of Law No. 53-FZ).

The employer finds out if an employee can be drafted into the army by examining his military ID. Legal entities (this obligation does not apply to individual entrepreneurs) are required to keep 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 persons liable for military service to the military commissariat, a fine in the amount of 300 to 1,000 rubles may be imposed on the violator. (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 registration in the organization - step by step instructions 2019".

Those liable for military service are called up in spring and autumn - from April to mid-July and from October to December (Article 25 of Law No. 53-FZ). For a number of persons liable for military service, slightly different terms of conscription apply. So, teachers are called up from May to mid-July, and agricultural workers - from mid-October to the end of December.

Personnel workers of enterprises should be prepared for the fact that an employee of military age during the specified periods can be drafted into the army.

General procedure for dismissal due to military service

To formalize the dismissal in connection with conscription into the army, an order is issued in which a reference is made to paragraph 1 of Art. 83 of the Labor Code of the Russian Federation. The basis for issuing an order is a summons to a conscript with a demand to appear at the place of assembly (passing military service).

IMPORTANT!There are several types of summonses sent by the military registration and enlistment office. For example, with a call to undergo a medical commission. Upon receipt, it is not required to dismiss the employee.

It is important for the personnel officer to carefully study the content of the agenda, because visually they are the same, because they are drawn up on a special form approved by Appendix 30 to the order of the Ministry of Defense dated 02.10.2007 No. 400.

A conscript does not need 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 normative act. It is important that the conscript has time to the place of assembly indicated in the agenda, therefore, the deadline for dismissal is the date preceding the assembly. At the same time, the employer does not have the right to require a 2-week working off from an employee drafted into the army. At the same time, the employer has no reason to dismiss on the day the summons is presented, if there is no good will of the employee.

To resolve such situations, the enterprise usually approves local regulations regarding military registration.

After receiving an application from the employee and / or a subpoena, the employer issues a dismissal order. The employee must be familiarized with this order against signature, and then complete the dismissal (issuance of a work book, making an entry on a personal card) and pay the settlement. All this must be done on the last business day.

IMPORTANT!Do not confuse dismissal due to conscription, which is carried out in accordance with paragraph 1 of Art. 83 of the Labor Code of the Russian Federation, with service under a contract. In the 2nd case, the dismissal is made at the initiative of the employee or by agreement of the parties, since contract service is equated to employment with another employer.

If the conscript did not go to 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 the receipt of the summons (received it late), or for other reasons.

In this situation, you should do this:

  • To mark in the report card every day the employee's absence from work due to unknown circumstances.
  • If there is an assumption that the employee was taken into the army, send a request to the military registration and enlistment office, territorially attached to the place of residence of the employee.
  • When confirmation comes from the military registration and enlistment office that the employee has been drafted into the army, dismiss him with reference to paragraph 1 of Art. 83 of the Labor Code of the Russian Federation. The date of acceptance of the order is the date of receipt of a response from the military registration and enlistment office, and the date of dismissal will be the last working day of the employee.
  • If the military commissariat does not confirm the call for service, the employee can be fired due to absenteeism.

Read about the rules for registration of absenteeism in the material “How to arrange absenteeism for an employee according to 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 drafted into the army, and it will not work to acquaint him with the dismissal order. In this case, the order makes a note 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 you can give it to the employee on the day of the request.

Or, at the request of the employee, you can send a work book to the place of his residence or address of service. The book can also be obtained by one of the relatives of the employee by proxy.

How to pay an employee

Settlement with an employee dismissed due to conscription must be made on the last working day before dismissal. Along with the rest of the salary is paid:

  • compensation for annual paid leave that has not yet been used;
  • severance pay in the amount of 2 weeks of earnings, which is calculated based on the average for Last year salaries.

Detailed information on the procedure for calculating vacation pay compensation is contained in the articles:

  • "Calculation of compensation for unused vacation under the Labor Code of the Russian Federation" ;
  • "How to calculate the number of vacation days upon dismissal?" .

If it is not possible to hand over the cash settlement to the employee, the entire amount of payment due is transferred to the depositor and is not paid until:

  • the appearance of the employee personally or his authorized person with a power of attorney;
  • receiving a notification, certified by the command of the military unit, about the procedure for making a calculation, for example, sending money to the place of service.

Or they transfer funds immediately to a salary card, if the company has adopted such a system for transferring earnings.

IMPORTANT!The employer cannot require the employee to return funds for the leave used in advance before dismissal due to military service.

Document flow with the military registration and enlistment office

After the dismissal of an employee on the grounds specified in paragraph 1 of Art. 83 of the Labor Code of the Russian Federation, the employer must notify the military registration and enlistment office of this fact within 2 weeks.

The employer sends a request to the military commissariat to confirm the service in the army of an employee who has stopped going to work. In turn, the military registration and enlistment office sends a response.

If the summons came to the employer

At present, the practice of sending subpoenas not to the conscript's registration address, but to his place of work, is quite common. Having received a summons by mail, the personnel officer of the enterprise first checks it for compliance with the requirements set forth in Order No. 400.

So, the agenda must be drawn up on a special form. It must bear the signature of the head of the draft board and the seal of the military commissariat. If the document is not issued in the form, the employer can ignore it with impunity. It is also possible not to respond to the summons if it was sent by the postal service after the deadline for collecting recruits.

In other situations, the summons must be handed over to the employee drafted into the army against signature. It is impossible to hand in a summons received in advance less than 3 days before the appearance at the training camp (clause 34 of order No. 400).

If the summons was not handed to the employee by the employer without any objective reasons, the specialist responsible for maintaining military records in the company (this may be the head himself) faces an administrative fine of 500-1000 rubles. (Article 21. 2 of the Code of Administrative Offenses of the Russian Federation).

Do I need to keep a job for a conscript?

Legal entities of a commercial orientation are not required to leave for an employee drafted into the army his workplace. The job is reserved for the conscript only in state institutions, where he can return within 3 months after serving in the army (clause 5, article 23 of the law "On the status of military personnel" dated 05.27.1998 No. 76-FZ).

For information on how service in the army is taken into account in the length of service, read the article “Is military service included in seniority (nuances)?”.

Results

An employee of military age in the event of his being called up for military service is dismissed under paragraph 1 of Art. 83 of the 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). It is not necessary for an employee to write a letter of resignation, but this is practiced by employers to agree on the exact date of dismissal.

Normative acts do not approve any specific date for dismissal, but it must occur no later than one day before the date of arrival of the conscript at the gathering place indicated in the agenda. The dismissal order is issued on the last working day of the employee, at the same time he is given a work book in his hands and a full payment is made.

If the employee does not have time to notify the employer about his departure to the place of service, the employer independently requests confirmation of this from the military registration and enlistment office and, upon receipt of a positive response, issues a dismissal order. The date of dismissal in this case will be the last day when the employee went to work. Settlement funds and a work book can be kept by the employer until the employee applies for them, or they can be sent by mail to the address indicated by the employee.

Dismissal in connection with conscription into the army is one of the reasons for the termination of work of a subordinate on grounds that do not depend on the will of the parties to the contract. The draft board or the military commissar issue an order binding on both parties to the employment contract. A summons from the military commissariat about the need to appear at the place of demand on a certain day and hour will become the basis on which the contract will be terminated. There is no need and obligation for the employee to write a statement, since the parties do not influence the circumstances under which the contract is terminated. However, the employer can take the employee's application.

What is the deadline for dismissal due to military conscription

The specific term for termination of the contract on this basis is not defined. Objectively, conscripted dismissal must be carried out before the deadline (date of appearance), which is indicated on the summons from the military registration and enlistment office. The employment contract must be terminated on the last day of work of the employee.

What to write in the order and work book

The employer issues an order terminating the contract due to conscription in the army, in the form T-8 or T-8a, which is established by the Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1.

The order states:

  • Company name;
  • location;
  • number, date;
  • FULL NAME. and position of the employee;
  • date and reason for dismissal.

The date of dismissal due to conscription is the last day of work of the employee preceding the date of dispatch to the place of direct service. It is necessary to pay attention to the fact that when issuing an order, it makes reference to paragraph 1 of part 1 of article 83 of the Labor Code of the Russian Federation. The order is signed by the leader. The employee specified in the order gets acquainted with him under the signature with the date. If the employer does not have the opportunity to familiarize the employee with the order in writing, or if he does not want to get acquainted with him under signature, an appropriate note must be made in the document.

The basis for making an entry in the work book is an order. Entries are made according to the following rules:

  • column 1 indicates the serial number of the entry being made;
  • in column 2 - the date of dismissal on conscription;
  • in column 3 - reasons and grounds in a wording that exactly repeats the wording of the order;
  • in column 4 - details of the order (instruction).

The entry in the labor for the period of activity with the employer is certified by his signature or the signature of the person responsible for maintaining work books, the seal (if any), as well as the signature of the employee himself.

When to Calculate

On the day of dismissal, the employee must make the final settlement. The payments he should receive include:

  • wages for the time that is actually worked out until the day of dismissal on conscription;
  • monetary compensation for unused vacation (if vacation pay is accrued in advance, they cannot be withheld);
  • severance pay, the amount of which is two weeks of average earnings, which is not subject to personal income tax.

What happens if you don't get fired

The issue of maintaining a job for an employee drafted into the army is of interest to many employers. In a state institution, in accordance with the law "On the status of military personnel" (paragraph 5 of article 23), the employer, within three months after dismissal from military service, retains the right to enter the same state organization.

Sometimes a situation arises in which an employee, before leaving for the army, did not quit unknowingly or intentionally. The manager needs to clarify the fact of the actual service of the employee. Further, the employer unilaterally terminates the employment contract. If it is not possible to issue a work book on the last day of work, the employee is notified of the need to receive it or allow it to be sent by mail. In the absence of a response, the work book is stored at the place of work. At the end of military service, the employee can pick it up or, by writing an application, request that it be sent by mail. Thus, termination of the contract when leaving for the army is mandatory for the employer to comply with, even if the employee has not resigned personally, he will be discharged in absentia on conscription.