Rules for preparing and sending a notice of employment for the military registration and enlistment office - sample for downloading

The most important thing in the process of employing an employee is the preparation of all necessary documents, the conclusion of an employment contract and the issuance of an order to hire him. The question arises, what to do with persons liable for military service? Do I need to send a message to the military registration and enlistment office about applying for a job?

Before the adoption of the Regulations on Military Registration, employers simply neglected their duty to notify the relevant authorities about the presence of persons liable for military service. Maybe sometimes they checked for a military ID, but no one thought to notify the military registration and enlistment office. Now the situation will change dramatically and employers will be required to comply with the legislative document on military registration in terms of identifying employees who are subject to registration and notifying military commissariats about their number. Men from 18 to 27 years of age should be taken into account, as persons of conscription age, as well as men who have already served in military service and were transferred to the reserve, i.e. persons liable for military service.

Which employees are subject to military registration?

Decree of the Government of the Russian Federation dated November 27, 2006 No. 719 defines the categories of citizens who are subject to military registration:

• conscripts aged 18-27 years;
• military personnel in reserve;
• persons who have successfully completed training in military training programs in educational institutions with a military department;
• citizens who have not completed military service due to receiving a deferment or for other reasons;
• citizens discharged from military service, but remaining registered with military registration and enlistment offices;
• persons who have completed alternative civil service;
• women who have received a military specialty (VUS): pharmacists, paramedics, telegraph operators, etc.

The following are not subject to military registration:

• persons exempted from military duty, for example, for health reasons;
• women who do not have a VUS;
• FSB and SVR reserve officers.

Any organization is obliged to carry out military registration of its employees. The legislation does not make any exceptions even for those companies that employ only a few employees. If at least one of the employees belongs to one of the categories listed above, then the employer must organize full military registration.

Parties of the Military Commissariat Notification:

• Employer - an individual entrepreneur or a legal entity (organization) that has entered into an employment relationship with the Employee, or another person authorized by Federal laws to enter into employment contracts;
• military commissariats represented by their structural divisions in municipalities or local government bodies vested with the authority to maintain military records.

The notification to the military registration and enlistment office must be drawn up in two copies. One copy of the notification must be kept by the employer as proof that the organization notified the military registration and enlistment office in accordance with the legislation of the Russian Federation.

Documents required for military registration of employees

The general procedure for organizing and maintaining military records is determined by the Methodological Recommendations of the General Staff of the RF Armed Forces, approved on July 11, 2017 (hereinafter referred to as the General Staff Recommendations).

The company's source document for registering military personnel is an order on the organization of military registration. The manager appoints employees responsible for maintaining this type of accounting.

The number of specialists who are involved in military registration depends on the number of employees (clause 12 of Resolution No. 719). For example, small and medium-sized companies with less than 500 people on the military register can entrust its management to one employee who performs these duties part-time. Most often, in small and medium-sized businesses, this area of ​​work is led by the chief accountant or HR specialist.

The order must also contain information about the persons replacing the authorized employee during the period of his absence and the procedure for transferring all accounting documents to them.

As part of military registration, the organization must maintain the following documents:

• work plan for military registration and reservation of military personnel in reserve;
• log of military registration data checks;
• receipts from employees subject to military registration confirming receipt of relevant documents from them;
• other documents and reference information on military registration issues.

The organization maintains military records of employees on the basis of their personal documents - passport, military ID, conscript registration certificate. Authorized specialists enter basic data into a personal card in the T-2 form. The procedure for filling it out is described in detail in Appendix No. 7 to the General Staff Recommendations.

General procedure for dismissal due to joining the army

To formalize dismissal in connection with conscription into the army, an order is issued in which reference is made to paragraph 1 of Art. 83 Labor Code of the Russian Federation.

A sample order for the dismissal of an employee due to conscription into the army (including in word format) is available in the ConsultantPlus system. If you don't have access to the system, get it for free.

The basis for issuing an order is a summons to the conscript requiring him to appear at the place of assembly (military service). There are several types of summons sent by the military registration and enlistment office. For example, with a call to undergo a medical examination. Upon receipt, there is no need to dismiss the employee.

It is important for the personnel officer to carefully study the contents of the agenda, because visually they are identical, since they are drawn up on a special form approved by Appendix 30 to Order No. 400 of the Ministry of Defense dated October 2, 2007.

There is no need for a conscript 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 regulatory act. It is important that the conscript arrives at the muster point indicated on the summons, so the deadline for dismissal is the date before the muster. At the same time, the employer does not have the right to demand that an employee called up for military service perform 2 weeks of service. At the same time, the employer has no grounds to dismiss on the day the summons is presented if there is no goodwill of the employee.

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

After receiving a statement from the employee and/or a summons, the employer issues a dismissal order. The employee must be familiarized with this order against signature, and then complete the dismissal process (issuing a work book, making an entry in a personal card) and pay the settlement. All this should be done on the last working day.

If you have access to the K+ system, go to a sample entry in the work book about dismissal due to conscription into the army. If you don't have access, get it for free. In addition, in K+ you can see a sample personal card for this situation.

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

How to organize and maintain military records of employees

The company’s first event within the framework of military registration is registration at the military registration and enlistment office at the place of business. Registration must be completed within 5 days after the organization is included in the Unified State Register of Legal Entities.

The military registration process as a whole must be built in accordance with the Military Registration Desk Operation Plan. To compile it, you can use the sample from Appendix 17 to the General Staff Recommendations or develop your own form.

The Plan establishes the procedures for maintaining a card index, preparing annual plans, exchanging information with the military registration and enlistment office, monitoring the authenticity of documentation, etc.

Current military registration consists of:

• measures to fill out personal cards of employees;
• information work with employees subject to military registration;
• reconciliation and transfer of necessary information to military departments.

Employees responsible for maintaining military records work according to the following scheme:

1. When a new employee arrives, the documents provided by him are checked.
2. A personal card is created for the employee in the T-2 form, or its equivalent, approved by the organization. The card contains information about the attitude of the accepted employee to military service.
3. The completed card is certified by two signatures: the responsible employee and the employee himself.
4. The local military registration and enlistment office is notified within 14 days from the date the employee liable for military service is hired. The same is done when an employee is dismissed.

Another function of employees responsible for military registration at the enterprise is to check the relevance of marks in the documents of employees liable for military service. Some changes may not be made in a timely manner, for example:

• the employee is already 27 years old, but he has not been deregistered with the military registration and enlistment office and has not put the appropriate mark in the documents;
• the employee moved but did not register at his new place of residence;
• the employee has health problems that may affect the performance of military duty.

Having identified such inaccuracies, the authorized employee must send the employee to the military registration and enlistment office to eliminate them.

If the conscript does not show up for 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 receiving the summons (I received it late), or for other reasons.

In this situation, you should do this:

• Note on the time sheet each day the employee fails to show up for work due to unknown circumstances.
• If there is an assumption that the employee has been drafted into the army, send a request to the military registration and enlistment office geographically attached to the employee’s place of residence.
• When confirmation comes from the military registration and enlistment office that the employee has been drafted into the army, dismiss him with reference to clause 1 of Art. 83 Labor Code of the Russian Federation. The date of acceptance of the order is the date of receipt of the response from the military registration and enlistment office, and the date of dismissal will be the employee’s last working day.
• If the military commissariat does not confirm the call for service, the employee can be fired due to absenteeism.

Read about the rules for registering absenteeism in the material “How to properly register absenteeism for an employee under 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 called up for military service; it will not be possible to familiarize him with the dismissal order. In this case, a note is made in the order 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 it can be issued to the employee on the day of application.

Or, at the request of the employee, you can send the work book to his place of registration or service address. The book can also be received by one of the employee’s relatives by proxy.

What kind of reporting on the military registration of employees must employers submit?

The organization is obliged to submit to the military registration and enlistment office the following information about employees liable for military service:

• notification of hiring or dismissal (Appendix No. 9 to the General Staff Recommendations);
• notification that the hired employee does not have the documents necessary for military registration, if such a fact has been established;
• other information at the request of the military department.

To provide the above information, a period of 14 days is given from the date of hiring, dismissal or receipt of the request. In addition, the organization must annually, before November 1, provide lists of employees who will be registered with the military next year.

Periodic reporting on military registration includes 2 main documents:

• organization registration card (form No. 18);
• report on the number of working and reserved citizens in reserve (form No. 6).

The company submits a card in Form No. 18 for the first time within 14 days from the date of registration, then once every 2 years until December 31 of the current year as of January 1 of the next year.

The deadline for submitting form No. 6 is the same as for form No. 18. It must be filled out in triplicate, two of which will go to the military registration and enlistment office and the reservation commission, and the third will remain with the organization.

Samples of reports and instructions for completing them are set out in letters from the Ministry of Culture:

1. For form No. 18 - letter dated October 21, 2015 No. 344-01-39-VA.
2. For form No. 6 - letter dated November 3, 2003 No. 125-01-16/24.

Despite the fact that these letters formally apply only to organizations in the cultural sector, they can also be used by companies from other industries. The procedure for military registration of employees does not depend on industry affiliation. The organization can also contact its military registration and enlistment office for additional clarification.

Contents of the Military Commissariat Notification:

• the name of the military commissariat to which the notification is sent;
• information about the Employer (name, address, telephone number);
• information about the Employees (last name, first name, patronymic, date of birth, rank, military registration specialty number (MRS), place of residence);
• job title of the Employees;
• address of the location of the Workplace;
• date and number of the order on hiring or dismissal from work;
• date of the notification;
• manager's signature;
• signature of the responsible employee.

The notification must be drawn up in two copies. One copy of the notice must be kept by the Employer as evidence that the organization notified the military registration and enlistment office in accordance with legal requirements.

Which vehicles are subject to military registration?

The general rules for the fulfillment of military transport duties are established by Decree of the President of the Russian Federation dated October 2, 1998 No. 1175. The procedure for implementing the provisions of this document is determined by the Ministry of Defense and other military departments.

In particular, all organizations are required to maintain military records of vehicles, which, if necessary, will need to be provided to the Armed Forces of the Russian Federation and other formations during wartime (Order of the Minister of Defense of the Russian Federation dated March 14, 2014 No. 151):

1. Passenger buses.
2. Trucks.
3. Trailers and semi-trailers.
4. Off-road vehicles.
5. Specialized transport, for example, truck cranes, dump trucks, fuel trucks, etc.
6. Tractors.
7. Road construction equipment.
8. Snowmobiles and ATVs.

How to organize and maintain military records of vehicles

In peacetime, the military transport responsibility of organizations is to maintain current records of vehicles, which, if necessary, can be transferred to the Armed Forces of the Russian Federation.

Each organization must report to the military commissariat upon its request about the availability and technical condition of those vehicles that fit under Order No. 151. The request of the military registration and enlistment office should be answered, even if the company does not have the specified transport. The military department may regard the lack of response as evasion of compliance with the requirements of the law, for which administrative liability arises.

As part of the information on the availability and technical condition of transport, it is necessary to indicate data on its actual location, since this affects the ability to fulfill military transport duties. For example, a vehicle may be leased or sent to a branch of an organization in another region.

The law does not provide for mandatory periodic reporting on military transport duties. Therefore, if there were no requests from the military registration and enlistment office regarding transport, then there is no need to provide information.

Responsibility for violations of the order of military registration of employees and transport

For failure to fulfill military registration obligations, a manager or other responsible official may be subject to an administrative fine in the amount of 1 to 5 thousand rubles. (Chapter 21 of the Code of Administrative Offenses of the Russian Federation). The period of prosecution for this violation is 3 years.

Administrative liability for violations during the performance of military transport duties is provided for in Art. 19.25 Code of Administrative Offenses of the Russian Federation. The fine for officials is from 500 to 1 thousand rubles, for organizations – from 10 thousand rubles. up to 20 thousand rubles.