, insurance for military personnel, dismissal for health reasons, military training, dismissal for health reasons, military and military training upon dismissal, payments upon dismissal for health reasons, what payments are due upon dismissal, dismissal of military personnel due to illness
389
price
question
the issue is resolved
Collapse
Lawyers' answers (5)
received
fee 36%
Lawyer, Novosibirsk
Chat
Hello, Raisa.
There are no special payments for dismissal on the grounds you specified, the same payments as for dismissal on other grounds.
If the length of service at the time of dismissal is 10 years, upon dismissal on the basis specified by you, then he will receive the right to savings on a military mortgage, if he is a member of the NIS,
Federal Law of November 7, 2011 N 306-FZ“On monetary allowances for military personnel and provision of individual payments to them”
Article 3. Separate payments to military personnel
3. To a military personnel passing military service by contract, total duration whose military service is less than 20 years, upon dismissal from military service, a one-time benefit in the amount of two salaries is paid monetary allowance, and a military personnel whose total duration of military service is 20 years or more is paid a one-time allowance in the amount of seven salaries.
4. The one-time benefit specified in Part 3 of this article is not paid to a military serviceman performing military service under a contract upon his dismissal from military service:
1) in connection with the deprivation of a military rank;
2) in connection with the entry into force of a court verdict imposing a sentence of imprisonment on a military serviceman;
3) in connection with the entry into force of a court verdict imposing a suspended sentence on a military serviceman for a crime committed intentionally;
4) in connection with expulsion from military professional educational organization and military educational organization higher education for indiscipline, poor performance or unwillingness to learn;
5) in connection with the entry into force of a court verdict depriving a serviceman of the right to hold military positions for a certain period;
6) in connection with the transition to service in the internal affairs bodies, the federal fire service, institutions and bodies of the penal system, authorities for control of the circulation of narcotic drugs and psychotropic substances or customs authorities Russian Federation and appointment to positions of ordinary (junior) or commanding staff of the specified bodies and institutions;
7) due to failure to fulfill the terms of the contract;
8) in connection with the refusal of admission to state secret or deprivation of said access;
9) in connection with the entry into force of a court verdict imposing a suspended sentence on a military serviceman for a crime committed through negligence;
10) as having failed the test;
11) in connection with non-compliance with restrictions, violation of prohibitions, failure to fulfill obligations related to military service provided for in paragraph 7 of Article 10 and Article 27.1 of the Federal Law of May 27, 1998 N 76-FZ “On the status of military personnel”;
12) in connection with non-compliance with requirements, failure to fulfill duties, violation of prohibitions, non-compliance with restrictions established by the legislation of the Russian Federation and related to military service in the bodies federal service security, state security agencies;
(Clause 12 introduced by Federal Law dated November 4, 2014 N 342-FZ)
13) due to loss of confidence in a serviceman in the cases provided for in subparagraphs “e.1” and “e.2” of paragraph 1 of Article 51 of the Federal Law of March 28, 1998 N 53-FZ “On military duty and military service."
Federal Law of August 20, 2004 N 117-FZ
“On the savings-mortgage housing system for military personnel”Article 10. Emergence of the right to use savings recorded in the participant’s personal savings account
The basis for the emergence of the right to use savings accounted for in the participant’s personal savings account in accordance with this Federal Law is:
1) the total duration of military service, including in preferential terms, twenty years or more;
2) dismissal of a military personnel whose total duration of military service is ten years or more:
A) upon reaching the age limit for military service;
b) for health reasons - in connection with his recognition by the military medical commission as limitedly fit for military service;
B) in connection with organizational and staffing measures;
D) for family reasons provided for by the legislation of the Russian Federation on military duty and military service;
3) exclusion of a participant in the savings-mortgage system from the lists of personnel of a military unit in connection with his death or death, recognition of him as missing in the manner prescribed by law, or declaring him dead;
4) dismissal of a serviceman for health reasons - in connection with his recognition by a military medical commission as unfit for military service.
Was the lawyer's response helpful? + 0 - 0
Collapse
received
fee 27%
Lawyer, Kaluga
Chat
Hello, Raisa!
Depending on the length of service, he will be entitled to a one-time payment: for service of 20 years or more - 7 salaries, less than 20 years - 2 salaries.
If disability is not established, then insurance payments are not provided.
If he leaves without the right to a pension, he will be paid a salary according to his military rank for a year.
If deemed unfit for military service due to a military injury, a benefit in the amount of 2 million rubles.
Was the lawyer's response helpful? + 0 - 0
Collapse
Lawyer, Irkutsk
Chat
Hello. All military personnel are subject to compulsory insurance, according to Federal law dated March 28, 1998 N 52-FZ “On compulsory state insurance of life and health of military personnel, citizens called up for military training, private and commanding personnel of the internal affairs bodies of the Russian Federation, the State Fire Service, employees of institutions and bodies of the penal system , military personnel national guard Russian Federation" (with amendments and additions)
Article 4. Insured events
Insured events when implementing compulsory state insurance (hereinafter referred to as insured events) are:dismissal of a military personnel, undergoing military service upon conscription, from military service, expulsion of a citizen called up for military training for military position, for whom the staff of the military unit provides for the military rank up to foreman (chief sergeant major), inclusive, from military training in connection with their recognition by the military medical commission as unfit for military service or partially fit for military service due to injury (wounds, trauma, concussion) or illnesses acquired during military service, military training.
Article 5. Insurance amounts paid to beneficiaries. Sum insured used to calculate the insurance premium
2. Insurance amounts are paid upon the occurrence of insured events in the following amounts
in the event of the dismissal of a serviceman undergoing conscription military service from military service, the expulsion of a citizen called up to military training for a military position for which the military unit staff provides for a military rank up to and including petty officer (chief sergeant major), from military training in connection with recognition by their military medical commission unfit for military service or partially fit for military service due to injury (wound, injury, concussion) or illness received during military service or military training, - 50,000 rubles.
That is, upon dismissal, an insurance amount of 50,000 rubles must be paid
Was the lawyer's response helpful? + 0 - 0
Collapse
received
fee 36%
Lawyer
Chat
Raisa, good afternoon.
If you develop an illness during your service, it is worth considering that Federal Law No. 52-FZ dated March 28, 1998 “On compulsory state insurance of life and health of military personnel, citizens called up for military training, private and commanding personnel of the internal affairs bodies of the Russian Federation, the State Fire Service , employees of institutions and bodies of the penal system, employees of the troops of the National Guard of the Russian Federation" the insured event is only
The traditional way to get help from specialists in such cases is legal advice. A lawyer, like no one else, understands the current legislation, its nuances and current changes. In addition, it is the lawyer who is able to explain to an ordinary person the meaning of this or that article of the law, the scope of its application and the consequences of this. Development information technologies was the reason for the emergence of such a type of legal assistance as free online legal consultations by telephone. On the website, anyone can get full legal advice. To do this, just call the specified phone number. The advantages of this method of consulting are obvious: Accessibility. At any time of the day or night, any day of the week, specialists are ready to answer all questions. To receive advice, you do not need to specifically visit the offices of law firms or waste time waiting. Mobility. Most often, a person needs prompt consultation on legal issues. In such a situation, a traditional consultation is impossible, as it will entail a loss of time. Online consultation by phone does not have this drawback, since it is available not only at any time, but from anywhere. To do this, just access the Internet from any device that supports this feature. High quality consultations. The qualifications of lawyers allow them to quickly answer most questions posed. In cases where situations of increased complexity are being considered, the specialist may need additional time to become familiar with the nuances of the case and the relevant articles of legislation. Lack of registration on the site. If for some reason a person does not want to introduce himself by his real name, he can choose any name or pseudonym he likes for communication. Your real name and surname may be needed when drawing up official statements, lawsuits, etc.. In addition to direct responses to questions asked lawyers will suggest the correct course of action in a given situation. Experts will answer questions in such areas of law as: Family law. We consider any issues of marriage and divorce, division of property, drawing up a marriage contract, statements of claim, and so on. Tax law. The lawyer will answer any questions related to taxation, payment of taxes and fees, tax benefits. If necessary, he will also help you draw up necessary documents(for example, filling out a tax return). Labor legislation. The specialist will answer any questions related to the interpretation and application of the articles Labor Code and other regulatory and legislative acts (hiring, dismissal, granting leave and others). Criminal and criminal procedural legislation. This is one of the most complex areas of law, so consultations on these issues are carried out by the most experienced lawyers. In addition to consulting, they will help draw up statements of claim to supervisory, appeal and cassation authorities. Insurance and transport legislation. IN Lately– This is one of the most popular areas of law for consultation. Experienced lawyers will answer any questions regarding the use of vehicles, their insurance and liability for violations of relevant articles of law. Housing legislation. All issues related to the acquisition, sale, exchange, donation of real estate, as well as any controversial issues related to this, are subject to consideration. In addition, free online legal consultation can be conducted on issues related to consumer protection, land legislation and any other areas of jurisprudence. In some cases, the first place in importance is the promptness of obtaining competent legal advice. In such situations, it is difficult to overestimate the importance of the 24-hour online legal consultation services that the site provides.
One of the reasons why an employee cannot continue to work in his current position is deteriorating health. In this article we will consider what the procedure for terminating an employment relationship will be in force in this case, and whether any compensation is due for dismissal for health reasons.
The basis for dismissal for health reasons in 2017 is a medical report. The reason for assessing the health status can be either an illness or injury of the employee, or regular medical examinations required for a number of professions.
A medical certificate is valid if it is issued:
The commission’s decision is binding and is sent, among other things, directly to the employer, regardless of the employee’s wishes.
When an employee provides a medical report, the employer must be guided by Art. 73 or art. 83 Labor Code of the Russian Federation. The employer has the right to terminate the contract immediately only in case of complete loss of ability to work.
An employee who has medical contraindications to work under current conditions should be offered a transfer to another position.
Interesting Facts
After receiving the decision of the military medical commission, the officer (or warrant officer) can contact his commander (superior) with a written request in the form of a dismissal report due to the deterioration of his health. It is worth noting that the legislation of the Russian Federation does not provide a general template for a report and it is drawn up in free form, but with a listing of those situations that caused the dismissal of a serviceman.
If the employer does not have a suitable vacancy or the employee refuses the offered position for personal reasons, and the required period of transfer is less than four months, then the employee is suspended from work for this period. It is reserved for him workplace, But wage is not charged.
The employment contract is terminated if the employee needs to be offered another job, according to medical indications, for a period of more than four months, but it is not available.
With managers and chief accountants employment contract may be terminated immediately upon determination of a missing vacancy or the employee’s refusal to do so. Such specialists may be suspended from work by agreement of the parties for a certain period.
The fact of refusal of the offered position is documented in in writing. Next, a dismissal order is prepared, which the employee must be familiarized with against signature. An entry is made in the work book indicating the reason for dismissal.
If an employee is not suitable for medical reasons to perform the duties of his position, then he can either be fired or transferred to another. Let's find out about.
Dismissal cannot be formalized while the employee is on sick leave. The procedure is carried out after the end of the certificate of incapacity for work.
If the employee wants to resign of his own free will, explaining this by his state of health, then the contract is terminated in accordance with Art. 80 Labor Code of the Russian Federation.
The peculiarity of termination of military service for health reasons is that dismissal depends only on the desire of the serviceman himself; he has the right to both terminate the contract early and maintain his status as a serviceman.
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.
An employee resigning for medical reasons must be paid the following:
Funds are paid on the day of termination of the employment relationship.
Watch a video about military personnel being dismissed due to illness
The procedure for dismissing a military personnel for medical reasons is as follows:
A serviceman can stop serving solely at his personal request; he cannot be forcibly dismissed. Upon dismissal, he must be paid a salary and a lump sum benefit. If the duration of military service is less than twenty years, the benefit will be an amount equivalent to two salaries. In case of longer service, the serviceman will be paid an additional seven salaries.
When dismissed for health reasons, military personnel are entitled to a number of benefits, including priority employment through the employment service.
To get a lawyer's comment, ask questions below
Most common reasons early dismissal of military personnel from the ranks of the RF Armed Forces is a health condition or organizational and staffing measures (OSM).
The procedure for carrying out the dismissal procedure is regulated by Federal Law No. 117 “On Military Duty and Military Service.”
The procedure begins with passing a military medical commission. Appeal to the VVK occurs due to a chronic illness, injuries and wounds received during the performance of official duties. The IHC conclusion is issued on the basis of a medical examination in a hospital and the medical history of the serviceman. If the commission decides that further military service is impossible, this is reflected in the corresponding protocol.
Having the conclusion of the medical commission in hand, the military man is obliged to write a report on his dismissal. Within a month from the date of the decision, dismissal from the current position occurs, the contract is terminated with the wording “dismissal of the military personnel for health reasons.” Upon resigning, a citizen has the right to social benefits and unified payments, as well as to, if he is assigned a group for loss of health.
All financial calculations are determined on. The dismissed person is paid a salary and all bonuses for the time worked. A single benefit is issued in the amount of two salaries if the service period is less than 20 years.
If the length of service is 20 years or more, then the benefit is calculated at seven salaries. It is obligatory to pay a salary when filling a position in the amount of one month's salary. If the length of service is 20 years or more, then compensation is paid corresponding to clothing and material support for the last 12 months.
When determining the disability group, military personnel who received injuries and mutilations during the performance of official duties are paid medical insurance compensation in the amount of 500 thousand rubles to 2 million rubles, depending on the degree of damage to health (disability group 1, 2, 3). In case of the same defeats, conscripts or citizens called up for training are entitled to insurance payments of 250 thousand - 1 million rubles.
It should be noted that compensation is due to military personnel who received a military injury and were declared unfit for service (List D). If a citizen is recognized as having limited fitness for service, then he does not fall under these benefits (list B).
A one-time benefit when determining the disability group is assigned regardless of other payments upon dismissal. In the absence of disability and dismissal due to illness, the serviceman is paid an insurance premium in the amount of 50 thousand rubles. Dismissal of military personnel due to illness, if a disability has been established, is accompanied by the assignment of a monthly benefit: 14 thousand, 7 thousand and 2.8 thousand rubles for disability groups 1, 2, 3, respectively.
Dismissal due to illness is allowed immediately after the decision of the military medical commission, if the serviceman cannot, for health reasons, serve the required period before dismissal. Please note that you should submit an application to the military registration and enlistment office to receive insurance payments no later than a month after your dismissal (see the date of dismissal on your military ID).
Dismissal is subject to a number of conditions:
After the expiration of the specified period, the serviceman receives an order for early dismissal from the army. Termination of military service in connection with organizational and staffing measures implies a number of one-time payments and compensations. The law provides that upon dismissal, a soldier who has served for more than 10 years has the right to be provided with living space or material compensation for purchase.
This right can only be exercised by those citizens who did not receive ownership of living space from the RF Ministry of Defense during their service. When paying the cost of housing, the regional coefficient is taken into account average cost square meter. In this case, the amount from the personal account is added to the housing savings, thus the person dismissed under the OSHM will receive full compensation equal to the housing certificate.
In addition, those who do not have 20 years of service have the right to lump sum payments and monthly social benefits or payment of a salary corresponding to their rank. When employees are removed from the lists, a lump sum compensation is paid, calculated according to the years of service and rank at the time of dismissal. Military personnel who have awards included in their service record (orders or honorary titles), an additional two salaries are issued.
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.
Those with less than 15 years of service can count on payments equal to their final salary within a year after dismissal. Timely indexation of benefits is carried out in accordance with the standards established by the pension fund. If, before the expiration of the specified period, a citizen re-enters the military service, the Ministry of Internal Affairs, the tax or customs service while maintaining his military rank, then social benefits are stopped from the moment of employment.
After signing the dismissal order, the personnel authority of the military unit provides all necessary information to the pension department at the place of registration of the citizen. When applying to the Pension Fund of the Russian Federation, you must provide documents of the established form and then receive monthly transfers to your current account.
The positive dynamics of the Russian economy allows us to expect an increase in bonuses for military personnel for length of service in 2018. At the same time, officials plan to index military salaries by 4%. After the crisis began, annual salary increases were frozen because there were no available funds in the budget.
The economic crisis has led to a sharp reduction in budget revenues. As a result, the government was forced to cut spending, including in the defense sector. Officials froze the indexation of military salaries, which have not been revised for 5 years. Next year the authorities plan to resume indexation, which is planned at 4%.
Basic salaries for military personnel are determined by rank and position. This figure for a sergeant is 30 thousand rubles. The salaries of a captain and lieutenant are twice as high, and a colonel receives 90-95 thousand rubles. For high command this figure exceeds 100 thousand rubles.
Military salaries must correspond to wages in the main sectors of the economy, officials emphasize. In addition to indexation, the actual income of military personnel is determined by existing allowances, which allow the salary of a serviceman to be increased significantly.
If the salary depends on the rank and position of the serviceman, then the allowances take into account other features of military service, which will remain relevant in 2018:
In addition to these allowances, military personnel can count on other benefits. Among other things, the authorities compensate part of the mortgage interest, which creates additional features to purchase your own home. Military personnel also receive up to 100% of their salary for settling into a new location and compensation for rented housing.
As a result of the use of allowances, the actual salary of military personnel differs significantly from the established salaries. However, the State Duma believes that the government needs to increase the scale of indexation for military personnel next year.
The percentage increase for military personnel in 2018, which includes length of service, physical training, etc., has a positive effect on the level of well-being of the military. However, the lack of indexation of military salaries led to a rapid decline in real incomes. During this period, prices increased by 46%, which led to a decrease in purchasing power.
The planned indexation at 4% will not be able to compensate for actual inflation over past periods. Representatives of the State Duma believe that the government should allocate additional funds to finance the military. However, a more significant increase in salaries will become a problem for the domestic budget, the lion's share of expenses of which is aimed at financing the social sphere.
Despite the bonuses for military personnel in 2018, the total income of the military is 20% lower than salaries in the banking sector. Similar dynamics are observed in comparison with wages in the energy sector, which contradicts the goals of officials for the medium term.
In such a situation, the military can only hope for the restoration of the positive dynamics of the Russian economy, which will make possible another increase in monetary allowances. Rising oil prices lead to an increase in Russian budget revenues, but actual expenditures of the state treasury significantly exceed revenues. The budget deficit next year will exceed 1 trillion rubles, which makes a more significant indexation unlikely.
Military salaries in 2018 will be indexed by 4%, which will be the first salary increase in the last 5 years. However, during the moratorium, prices increased almost one and a half times, which led to a drop in real military salaries.
Allowances for length of service, physical training, secrecy and risk will become a significant component of military income next year. Despite indexation and allowances, military salaries will be lower than the corresponding indicators in the financial sector and energy sector. However, there is no money in the budget for a more significant increase.
Look video on the indexation of pensions for military personnel at the end of 2017:
