Leave due to conscription. When calling for military training. Severance pay: insurance premiums

Dismissal in connection with conscription into the army is one of the reasons for the termination of the work of a subordinate on grounds that do not depend on the will of the parties to the contract. The conscription commission or the military commissar give the obligatory for both parties employment contract prescription. 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:

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

The date of dismissal due to conscription in the army 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 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 before the day of dismissal on conscription;
• monetary compensation behind 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. Next, 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.

Among the circumstances that serve as a reason for the termination of labor agreement regardless of the desire of both its parties, the law calls conscription for military or alternative civilian service. At first glance, the procedure for completing labor relations in such a situation is simple - the military registration and enlistment office called a citizen, the employer fired him. However, in practice, most employers, applying the grounds for dismissal under consideration, face many problems and questions that require clarification - what document should be the basis for issuing an order, how to determine the date of dismissal, what to do if the employee was "forced" taken away from work, and familiarize with the administrative documentation and it is not possible to calculate it?

The procedure for the dismissal of an employee in connection with leaving the army

Clause 1 of Part 1 of Article 83 of the Labor Code of the Russian Federation defines two types of reasons for completing labor relations with recruiter:

• calling him to military service;
• departure for alternative military civilian service.

Considering that the legislator considers the considered reasons for the termination of labor activity to be independent of the wishes of both of his parties, leaving the army under a contract does not fall under this rule. The contract assumes that a citizen entering the service has a corresponding desire. In such a situation, general grounds for terminating the employment agreement should be applied (for example, an agreement of the parties or an employee's initiative).

Documentary basis for the annulment of the employment contract

The first thing an employer needs to pay attention to close attention, is the presence of a properly executed basis. As such, there is always a summons from the military commissariat. At the same time, the agenda must contain a very clearly formulated requirement for a citizen:

• or appear at the commissariat in order to be sent to the place of carrying military service;
• or appear at the commissariat in order to receive a referral for departure to the place of alternative civilian service.

Important! No other requirements of the military registration and enlistment office contained in the summons received by the employee or employer are grounds for dismissal under clause 1, part 1, article 83 of the Labor Code. For example, if an employee received a summons with a request to appear at military training or to undergo a medical examination, this is not at all a reason to terminate the employment contract with him.

Departure for alternative service is often considered by employers as a reason to end the employment relationship with the wording "transfer to a new employer." However, this approach seems to be wrong: firstly, in the situation under consideration, the will of the employee is not taken into account, and secondly, sending to such a service is expressly provided as a reason for termination labor contract according to claim 1. part 1 of article 83 of the Labor Code.

A summons from the military registration and enlistment office can come both to the conscript himself (at the place of residence), and to the organization where he works. In the latter case, the administration of the organization is obliged to notify the citizen about the contents of this document against signature, informing the commissariat about it by sending a tear-off part of the agenda.

The cut-off part of the agenda is filled in part by the employer, in part by the conscript himself.

For familiarization and delivery of the summons to the person drafted into the army, the legislation establishes a very specific period - no later than three days before the date when the person must appear at the commissariat. For violation of this period, the employer (official) may be subject to administrative punishment in the form of a fine (Article 21.2, 23.1 of the Code of Administrative Offenses). Nevertheless good reason late arrival of the summons and the absence of the person subject to notification at the workplace (for example, if the employee is on sick leave) are considered to be missed.

If a working citizen does not want to get acquainted with the agenda, the employer should draw up an act about this (in the presence of two witnesses). The act on the impossibility of familiarization is sent to the commissariat that sent the summons.

End date of employment relationship

The date of departure of the employee from the organization for the reason under consideration is determined depending on the circumstances. Thus, the fact of receiving a summons does not at all oblige the employer to immediately cancel the contract concluded with the person drafted into the army. If there is still enough time left before the day of departure to the place of duty, by mutual agreement with the worker, legal relations can continue up to last day before sending.

In a situation where an employee was “taken” into the army directly from work or the employer became aware of the call after the citizen working for him went to serve, the last day of work should be considered the last day actually worked (when a certain amount of working time is noted in the report card ). However, an administrative document on dismissal can also be issued later - after receiving a relevant summons from the military registration and enlistment office or other official confirmation of the employee's military service.

Does the dismissed person retain their job?

The issue of employment of a citizen after military service on conscription is resolved by the law "On the status of military personnel" (76-FZ of 05/27/1998). If a person before leaving for the army worked in a state company, then for three months from the date of termination from military service, he is guaranteed employment in the same company for a position not lower than the one he occupied before conscription. Meanwhile, commercial organizations are not required by law to provide the same guarantees to their former employees who left the organization due to military conscription.

Paperwork

Leaving the company in connection with conscription into the army does not imply any initiative on the part of the worker (except for the need to warn the employer about the upcoming departure). Accordingly, the procedure for terminating a contact in this case does not involve writing a corresponding application by the employee. The only documentary basis for issuing an order is a summons from the military commissariat.

Issuing an order

The order to cancel the contract is drawn up in the usual manner - on the form T-8 or T-8a, indicating the reason for dismissal (conscription for military service or assignment to alternative civilian service) and a reference to clause 1, part 1, article 83 of the Labor Code of the Russian Federation.

A working citizen must be familiarized with the administrative documentation against signature. If by the time the order is issued, the employee is already in military service or he simply does not want to get acquainted with the order, an appropriate act is drawn up about this signed by two witnesses from among the employees of the enterprise.

The procedure for the employer upon dismissal

After issuing an order to terminate the employment relationship, the sequence of actions of the employer is as follows:

1. On the last working day, make the final settlement with the employee. If at the time of issuing the order, the employee was already absent from work, and the actual completion of work occurred earlier, the calculation is made on the day the order is issued. If the employee's earnings were paid by transfer to a bank plastic card, as a rule, there are no problems with the issuance of funds. In the event that the money was issued through the cash desk of the enterprise, the amount due payments must be accrued, and the employee is notified in writing of the opportunity to receive a calculation or send his representative by proxy for this.
2. Make an entry on the completion of labor activity at the enterprise in the work book of the dismissed person and hand this document to him personally against signature. If the employee is not present at work on the day the order is issued, a notification of the opportunity to appear to receive the document is sent to him by mail.
3. Enter information about the dismissal in the personal documents of the dismissed person: a card and a file.
4. Notify the interested civil services about the termination of the employee’s labor activity at the enterprise (for example, the bailiff service, if the company had a writ of execution in respect of the dismissed person).

Sample of filling out a work book

An entry in the labor record on the completion of labor relations must contain the name of the grounds for dismissal (“conscription for military service”) and a reference to clause 1, part 1, article 83 of the Labor Code of the Russian Federation.

What payments are due to the employee?

The law grants citizens dismissed due to military service the right to receive severance pay.

In addition to the standard set of payments due upon termination of an employment contract, the employee with whom it is terminated under paragraph 1 of part 1 of article 83 of the Labor Code must be credited with a two-week severance pay (Article 178 of the Labor Code).

Table: list of payments and examples of their calculations upon dismissal in connection with conscription for military service

Possible problems that may arise in the process of completing labor relations under paragraph 1 of part 1 of article 83 of the Labor Code of the Russian Federation

The most common disputable situations during dismissal in connection with conscription into the army are as follows:

1. Difficulties in choosing the grounds for dismissal. As noted above, paragraph 1 of part 1 of article 83 of the Labor Code is applied only in a limited number of situations. For cases of conscription for training camps, leaving in connection with entering military service under a contract, this paragraph does not apply. At the same time, dismissal on any other grounds of a citizen called up for alternative service is unacceptable.
2. Difficulties in determining the date of dismissal, issuing an order and the last working day. It is unacceptable to issue a dismissal order on the grounds under consideration until the day the employer receives the summons (regardless of whether it came by mail from the military registration and enlistment office or was presented by an employee). At the same time, the employee must be dismissed before the day indicated on the agenda as the date of appearance at the collection point.
3. Difficulties in familiarizing an employee who has already left with documents, issuing a work book and final payment (for cash payments in cash). If it is impossible to familiarize the employee with the documentation, an act is drawn up. The employee should be notified by mail about the possibility of obtaining documents and calculation.

Dismissal due to the conscription of a citizen for military service can occur in completely different circumstances: if it is necessary to notify the employee about the summons received by the employer, in a situation where the employee did not notify the employer about the conscription and was forcibly taken away by the military enlistment office from work, etc. e. Therefore, when planning the dismissal procedure, the employer must first of all be guided by the fact that the only reason for dismissal in this case is the agenda of the military registration and enlistment office. Depending on when this document was received, what requirements it contains, and you should build your own line of conduct.

I have a higher legal education, work experience in court, bank, at an enterprise. Despite the fact that my main specialization is criminal law and procedure, all my professional activities are related to commercial law, ranging from personnel issues to lending problems. For a long time I have been writing reviews of foreign and domestic media on business topics.

There are employers for whom dismissal due to conscription turns into a real punishment. A lot of questions arise immediately and each requires an answer. But these problems begin in the spring and autumn periods, when the draft time starts. A knowledgeable personnel officer who already had a similar experience can easily find a way out of this situation. Beginners in this industry are just starting to learn, so they should be familiarized with the rules for conducting this procedure.

Employment of a man of military age

First of all, when accepting a man for a position, you need to find out whether he is fit for military service or there is evidence according to which the young man will not be sent to the service. Perhaps the guy has already served. In any of these situations, a military ID (for the people - a military man) or a draft card has a note about this.

The second - the duty of any organization (it does not matter - an individual entrepreneur, a private trader or a state office) is the military registration of the representatives of the stronger sex. If this requirement is not met, the firm will be punished for such a violation.

There is a small nuance in the law - a limited circle of persons can replace military service- civil. The catch is that such a service will not be carried out on the territory of his native city. Also, there is a category of people receiving a deferment due to illness. Here it is in the hands of young man there must be a certificate issued by the military registration and enlistment office. Military conscript sometimes receives when available degree or severe disease. Within the territory of Russian Federation the age of conscription is considered to be the period from 18 to 27 years.

Foundations

In connection with the departure of an officially registered employee to the army, the employment relationship is terminated. Judging by Article 83 of the Code, such termination of relations falls under the wording: "a reason that does not depend on the will of the parties." In the column "Basis" the details of the summons received by the employee are indicated, where the date, time and place where they should appear must be indicated.
Please note that the military medical commission must be completed before the date indicated in the document (this is already the exact day of sending to defend the Motherland).

The organization, as much as it would not like to do otherwise in this situation, should dismiss the conscript and provide him with the allowance he deserves. Naturally, the termination of labor relations occurs in advance, and not on the day when a person leaves for service.

A man must work out the prescribed 2 weeks before being fired from his position. If the period indicated on the draft document allows, then you can work longer. The report begins on the date indicated on the agenda. Dismissal documents cannot contain dates that come later than indicated on the agenda - such actions will be considered illegal.

An application for dismissal should be drawn up only if the employee and the employer cannot agree among themselves, other cases involve the termination of employment without this formality.

When specifying a specific day of dismissal, the authorities cannot change it or try to refuse the employee. It is possible to agree on the postponement of this date, but this will depend on the opinion of the employee and the day specified in the draft document.

What should I do when I receive a summons?

Often, young people are registered at one address, but in fact they live in a completely different one. There can be many reasons for this - you found housing closer to work, you live with your beloved woman, or you simply decided to live separately from your parents.

In any case, military registration and enlistment offices will find a conscript anywhere, which is why they send draft documents to workplace. Here, the enterprise is obliged to fill out the received notification in the form approved by the Ministry of Defense. The notification form always contains the signature of the head of the draft board, as well as a seal. They signed the form, which means they were notified of the call.

If violations are found, the employer has the right to ignore such a notice, for example, due to non-compliance with delivery times. You don't even have to notify the employee. The law allows such actions, so no one is held responsible.

Sometimes the bosses come to the enterprise, and the workplace is empty. In fact, it turns out that the employee was drafted into the army. Sometimes, this is due to the late agenda, which did not leave the employee time to notify the employer. In other cases, a man says that he needs to go to the army, but at the same time given fact confirms nothing. Here the company can only make a written request to the military registration and enlistment office. When confirmation of the information indicated by the employee is received, a dismissal order can be issued dated from the day the response to the request was received. Dismissal is affixed to the last working day.

The order is always signed by the employee who was acquainted with it. But who to introduce if the person is already serving? There is a special page where an entry is made in the work book. The legislation also implies a full settlement with the employee on his last working day and the issuance of a book in his hands, but again, this is problematic, since, in fact, there is no one to give it to.

In order to avoid violating the law, organizations send a letter to the employee's registration address containing a request to come to the company and receive documentation. For the duration of the service, the book is sent to the archive, where it calmly waits for the owner. Former employee can also send a statement to the enterprise, certified by the command, indicating the address for sending documentation.

Dismissal procedure

1. Issuance of an order indicating the reason for termination of the contract. Here the number, date and place of appearance are prescribed. The document is certified by the management.
2. An entry is made in the Journal of orders.
3. If the employee is still working at the enterprise, and has not gone into the army, then he reads the information in the order and signs it.
4. On the basis of Articles 140 and 178 of the Code, all necessary payments to the employee are accrued, supported by the necessary documentation.
5. Data is entered into a personal card.
6. A work book is filled out, which is subsequently handed out or moved to the archive.
7. There is a law according to which the enterprise must notify the military registration and enlistment office 14 days before the expected date of the conscript's departure.

Payments to an employee who goes into the army

• Salary for the period worked.
• Vacation compensation. When the vacation was taken in advance, there is no deduction of funds.
• A two-week allowance calculated on the basis of the average salary in the last working year.

When leaving a private enterprise, when returning home, you can ask to return, but only if the position was not given to another person. Work in state-owned firms does not imply the preservation of the workplace for a conscript who has gone to military service.

It turns out that it is not so difficult to dismiss a conscript, it is enough to familiarize yourself with such a procedure more closely. Nevertheless, in order to avoid errors, you should familiarize yourself with all the pitfalls during this operation. It so happened that valuable personnel begin to "disappear" with the onset of spring and autumn.

Dismissal in connection with conscription for military service is the basis for termination of labor relations for circumstances that do not depend on the will of the parties, regulated by Article 83 of the Labor Code of the Russian Federation. A feature of this type of termination of the contract is that it is not initiated by either the employee or the employer, therefore, it has certain features during execution.

Features of dismissal in connection with leaving the army

Dismissal in connection with conscription into the army is carried out on the basis of a summons from the military registration and enlistment office, the content of which should indicate the need to appear in order to be sent to the point of military service or to receive a referral to a place of alternative service. Summons with other content cannot be grounds for terminating the contract. For example, a summons to attend a medical examination.

For reference! Male citizens of the Russian Federation between the ages of 18 and 27 are subject to conscription to perform military or alternative duties.

An employee, upon dismissal due to military service, does not need to write a statement. Based on the agenda, the employer issues an order stating the reason for the termination of the employment relationship. With the order of the employee should be familiarized with the signature. Depending on what is indicated in the agenda, an entry is made in the work book with the following content: “Fired from work in connection with conscription for military (alternative) service, paragraph 1 of Article 83 of the Labor Code of the Russian Federation.”

Important! Regardless of what type of contract is signed between the employee and the employer, fixed-term or indefinite, the employer is obliged to dismiss the employee before the date specified in the agenda.

Retirement payouts

Article 178 of the Labor Code of the Russian Federation establishes that upon termination of employment due to the need to undergo military or alternative duties, the employee is paid a severance pay, the amount of which is two weeks average earnings. Upon departure of a specialist who was hired for a period of not more than two months, severance pay is not paid.

If a collective agreement is concluded between the employer and the workers, then its terms may contain certain benefits and additional payments for persons who leave not on their own initiative, but due to certain circumstances that the parties cannot influence. Therefore, it is recommended that all dismissed persons familiarize themselves with the collective agreement, if any, in the organization.

On the day of termination of the employment relationship, the employer is obliged to pay the dismissed person wages, severance pay, as well as compensation for vacation days that were not used.

For reference! In the event that the leave was granted to the dismissed person in advance, then upon termination of the employment relationship due to circumstances beyond the control of the parties, the employer is not entitled to withhold the vacation pay provided in advance.

Some organizations that value valuable talent pay additional compensation so that the employee, after serving, returns to his former place of work. These payments are of an incentive nature for the resigned, their size is not limited by law, and the employer has the right to make such a payment at its discretion.

Contract service

It is necessary to distinguish between military service and contract service. If an employee voluntarily decides to join the Armed Forces, then this will not be considered a draft in the army. The dismissal of such employees is carried out according to general rules and has two grounds:

1. By own will employee. Applicable if the parties have entered into an agreement indefinite term. At the same time, the dismissed person must notify the employer that he is terminating the employment relationship in writing 2 weeks in advance.
2. Agreement of the parties. This basis is applicable in cases where a contract is concluded between the parties for a specific period and the termination of the contract before its expiration requires the mandatory consent of the employer.

When an employee leaves due to a voluntary transfer to military service, only wages and compensation for vacation are paid. The payment of severance pay in such circumstances is not provided for by law.

Each employer may face the problem of conscripting an employee into the army. A young man who fits the age category of conscripts, and also has no physical disabilities, can receive a summons from the military registration and enlistment office.

The employer has an obligation to competently formalize the dismissal of this employee and correctly calculate it, in accordance with the procedure established in the Labor Code of the Russian Federation, in particular in Art. 83.

When concluding an employment relationship, the employer must clarify the military service. A mark of military fitness can be found on the draft document or military ID. A young person who is unfit for the army due to health reasons is required to provide a medical certificate.

What the law says

All young people who are registered with the military and are between the ages of 18 and 27 are suitable for urgent military service (Article 22 of the Federal Law “On military service and military service "of March 28, 1998 No. 53-FZ).

There are certain circumstances on the basis of which you can issue a deferment for a temporary or permanent period, such as:

• health status;
• the presence of children under the age of 3 years (two or more);
• the presence of dependent parents who are disabled.

Dismissal when leaving for military service is mandatory. A personnel worker should also remember that conscription into the army takes place in spring and autumn. Therefore, you should always be prepared for such events.

Grounds and procedure for dismissal

Dismissal in connection with conscription into the army is carried out in without fail, but the manager does not have the right to ask the employee to write a statement of his own free will, or to terminate the working relationship without the knowledge of the draftee due to a violation internal regulations. The basis for dismissing a conscript is a summons for military service (it is sent to the place of registration of the young man or to the official work address).

Important! If the manager hides the presence of the agenda and does not notify the employee, then fines will be imposed on him (Article 21.2, Article 23.11, Part 1 Article 28.3 of the Code of Administrative Offenses of the Russian Federation).

The summons must contain a specific date for the appearance of the conscript. Prior to this, the employee needs to go through a medical examination, and the manager needs to prepare all the necessary documentation.

In this case, it is not necessary to draw up an application for leaving, an entry in the labor must be entered on the basis of clause 1 of Art. 83 of the Labor Code of the Russian Federation.

All conscripts are required to work for two weeks if the date of conscription is determined no earlier than 14 days. In case of violation of the terms of delivery of the summons, the employee will be dismissed without working off.

Upon receipt of the story, the head of the organization is obliged to perform certain actions:

• checking the correctness of filling out this document;
• checking compliance with notification deadlines;
• signature confirmation.

After that, the document must be handed over to the employee who is called up for service. He must put his signature and begin the passage of the medical commission.

We draw up documents

The dismissal procedure includes several stages:

• drawing up, it must indicate the reason for the termination of the employment relationship, as well as indicate the agenda number, the draft date and who issued this document;
• making an entry in the book of orders;
• signing the order by the conscript after familiarization;
• settlement with an employee;
• filling out the employee's personal card, in which you need to write the reason and date of dismissal.

For each stage, it is necessary to draw up appropriate documentation for the employee and the employer. All documents must be confirmed by the signatures of the employee, after which he will not be able to return to work after the army, indicating the illegality of the employer's actions.

The order must be made in standard format T-8. In the line "Basis" include the reason for leaving the state and a link to the article that relates to this circumstance (clause 1 of article 83 of the Labor Code of the Russian Federation). A prerequisite for issuing an order is to familiarize and sign it with an employee.

We fill in the labor

In the work book, you must make a specific entry and indicate:

• date of exit from the state of the company;
• grounds for dismissal and a reference to the law of the Russian Federation, namely to paragraph 1 of Art. 83 of the Labor Code of the Russian Federation;
• number and date of the relevant order.

The wording of the entry may be as follows: “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 Russian Federation".

Attention! If an employee leaves for service under a contract, then in this case the employment contract can be terminated only by agreement of the parties or at their own request. Contract service is considered a transfer to work in another organization.

In you need to indicate the date and number of the order, as well as the reason for dismissal. The card is issued at the discretion of the employer and remains with him.

The head of the organization is obliged to provide a notice to the military registration and enlistment office that the conscript has been fired. The delivery period is 2 weeks.

Important! This notice must be provided in writing. It must contain information about the order.

If the employee was absent at the time of dismissal

There are situations when the dismissal of an employee is carried out in his absence. Urgent departure to the army deprives the conscript of free time to quit. Some of them deliberately do not start this procedure in order to be restored to work after the army.

By the way! The manager has the right to dismiss a young man who is in the army, but on the same basis as with a personal statement from an employee.

When drawing up an order, you must indicate that the document is drawn up unilaterally. After that, you need to enter the appropriate text in the work book, which should be in the archives of the company up to 75 years. It must be issued at the request of the employee.

In addition, the employer can send the book by mail at the request of the employee or personally to close relatives of the employee, for example, to his wife or parents, by proxy.

Payments upon dismissal due to military service

• payment for days worked;
• cash benefits for unused vacation days;
• a two-week allowance, the calculation of which is based on the average monthly salary (Article 178 of the Labor Code of the Russian Federation).

If the employee took, then upon dismissal, the employer does not have the right to withhold advance vacation pay from payments, in accordance with Art. 137 of the Labor Code of the Russian Federation.

Allowances, compensations and salaries for conscripts must be reflected in the company's expense sheet in the form of labor costs.

Employment after service

If an employee before being drafted into the army worked in a non-governmental organization, then the Legislation does not oblige the head to take him to his previous place of work (clause 1, article 81 of the Labor Code of the Russian Federation).

In public institutions it is different. The employee must be accepted to the same place or to a position equivalent to the one held before, within 3 months from the date of termination of military service. This is evidenced by paragraph 5 of article 23 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”. Also, such an employee may be given financial assistance upon his personal application or within 3 months from the date of employment. The organization determines the amount of payment on its own.

Summarizing

1. Dismissal in connection with conscription into the army (not for service under a contract) is issued under Art. 83 of the Labor Code of the Russian Federation.
2. The reason for terminating the employment contract is a summons from the military commissariat. An employee can write a letter of resignation at will.
3. In addition to the standard payments, the called-up employee upon dismissal is entitled to an allowance in the amount of two weeks of average earnings.
4. Withholding the amount for the vacation taken in advance in this case is illegal.
5. Guarantees of employment in the previous place of work are possible only if the employee worked in a public institution.