Organization of military registration and its purpose
Military registration is a system of techniques and methods that ensures the registration of all persons of military age in a single database, the reflection in it of basic information about each such person, as well as the subsequent updating of this information.
The military registration system allows the competent authorities to monitor how timely each person liable for military service fulfills his military duty, and to track cases of illegal evasion. The main regulatory acts that regulate the process of military registration are the Law “On Military Duty and Military Service” dated March 28, 1998 No. 53-FZ and the regulations on military registration approved by Decree of the Government of the Russian Federation dated November 27, 2006 No. 719.
What exactly is military registration for, what is its purpose? The answer to this question can be found in regulation No. 719, in paragraph 2 of which the purpose of military registration is formulated approximately as follows:
- during periods when the situation in the country is calm, the main task of military registration is to ensure that each conscript fulfills his military duty, that is, to promptly monitor the army’s staffing level and prevent illegal evasion from service;
- if a military conflict occurs or a real threat to the country’s security arises, then, using the military registration mechanism, the authorized bodies must promptly mobilize those liable for military service, as well as ensure the need of government agencies for labor resources.
IMPORTANT! The need for labor resources is ensured by attaching citizens liable for military service who are in the reserves to certain government agencies, so that during mobilization they are not sent to the place of hostilities, but perform certain labor functions in such government structures.
In order for military registration to serve its purpose, as stated above, the state must have up-to-date information about each conscript. For this purpose, special responsible bodies (military commissariats) are obliged to ensure that all potential conscripts (men aged 18–27 years) and those liable for military service (reservists; persons who have a deferment until they reach the age of 27; women who have received military specialties, as well as some other persons listed in clause 14 of regulation No. 719).
To do this, the legislator obliged all males in the year in which they turn 17 years old to appear on a summons at the military registration and enlistment office and undergo the initial military registration procedure, during which a special commission will determine whether the conscript is fit for military service and to what extent ( without restrictions or limited suitability).
ATTENTION! The initial military registration is carried out from January 1 to March 31 of the year in which the conscript turns 17 years old (Clause 1, Article 9 of Law No. 53-FZ). This means that even conscripts who have not yet actually reached the age of 17 must appear at the military registration and enlistment office within the specified time frame if they have received a summons.
For more information about the initial military registration, see the article “Initial military registration of citizens”
Both large departments (Ministry of Defense, Ministry of Internal Affairs, Foreign Intelligence Service, FSB) and authorities of constituent entities of the Russian Federation and local governments, as well as organizations (clause 5 of Regulation No. 719) are responsible for the functioning of the military registration mechanism.
But who exactly carries out military registration for each person liable for military service? As mentioned above, these are military commissariats (or, if they are not in a certain territory, local government bodies). But not only. If a potential conscript works in any organization, then it is she who must maintain military records for him.
Step-by-step instructions for maintaining military records in an organization were prepared by ConsultantPlus experts. Get a free trial and proceed to the HR Guide.
What does military registration mean in an organization and why is it needed, we will explain further.
Maintaining military records and reservations in an organization: general information
First of all, it is worth noting that military records should be kept not only for conscripts, but also for all those liable for military service who work/train in the organization. Law No. 53-FZ (clause 1, article 52) includes all persons in reserve as such:
- those who were discharged from the army into the reserve;
- persons who have a deferment or for some other reason did not have time to serve up to 27 years (including those exempted from service due to successful completion of the military department at the university);
- persons who served alternatively in civilian life;
- women with military specialties.
ATTENTION! If the company employs persons exempt from military service by law, or women who do not have a military specialty, then the employer does not need to keep military records for them.
For more information about who should keep military records in a company, see the article “What applies to mandatory personnel documentation?”
The procedure and basic rules that companies must follow in this context are established in the Methodological Recommendations for maintaining military records in organizations approved by the General Staff of the RF Armed Forces on July 11, 2017.
So, in relation to the above persons, companies must carry out military registration. To do this, they, just like military registration and enlistment offices, collect, systematize and keep up to date information about the performance of military duty by employees liable for military service. In addition, an important goal of military registration in an organization is a correct analysis of how much the company will be provided with labor resources if a military conflict suddenly arises and the mobilization of the military-liable part of the population is announced.
Military registration in a company must be carried out by as many specialists as required by the norms of clause 12 of Regulation No. 719. So, for example, if the company employs less than 1,500 citizens liable for military service, then the registration is carried out by one specialist, and then part-time.
IMPORTANT! Moreover, if in a company two or more specialists must keep records of employees liable for military service, then the company should create a separate structural unit - a military registration desk (clause 13 of Regulation No. 719).
In order to document the maintenance of military registration in the company, an order should be issued on the organization of military registration, in which, signed by the manager, it is indicated which of the employees will carry out military registration.
ATTENTION! Candidates of specialists who will carry out military registration must be agreed upon with the military registration and enlistment office, which has jurisdiction over the territory where the company is located. In addition, companies must send there copies of orders on the appointment/dismissal of specialists from the position of maintaining military records (clause 22 of the Methodological Recommendations).
The procedure for dismissing a conscripted employee
To dismiss an employee due to conscription into the army, certain specifications must be observed. It is important to understand that the employer cannot influence the employee’s call in any way, for example, delay it or cancel it. Everything needs to be completed in a short time. Despite the fact that the specific period within which the company must dismiss a conscript is not established by law, the dismissal procedure must be completed before the employee leaves for service. The last day of work, as in any other case, will be considered the day of dismissal (
Instructions for maintaining military records in organizations
A specific list of functions assigned to employees involved in the registration of military personnel in the company must be enshrined in special instructions for maintaining military records.
Such instructions outline the requirements for an employee involved in recording military personnel: what legal norms he should know and what he should be guided by in his work. In addition, this document defines the main job responsibilities and rights of the employee who carries out military registration in the company, and also prescribes provisions regarding the measures of responsibility of such a specialist for violations that he may commit while maintaining records.
Methodological recommendations for maintaining military records in 2021
To correctly maintain military records, the company must draw up a plan for the relevant work for the year (which must also be agreed upon with the military registration and enlistment office). In such a plan, all deadlines for employee accounting activities should be indicated.
Military registration of citizens in organizations is carried out according to documents, the list, forms, storage and filling procedures of which are established by the Ministry of Defense of the Russian Federation (clause 27 of Regulation No. 719). And it is conducted on the basis of the following documents (clause 25 of the Methodological Recommendations):
- registration certificate - for conscripts who have not yet served;
- military ID - for persons liable for military service in reserve.
Therefore, when hiring in 2021, the specialist responsible for accounting must check whether all the specified documents are in order: whether there are any inaccuracies, fake records, torn sheets, whether all the necessary marks are in place. And if not, inform the military registration and enlistment office.
So, during the year, a special employee in the organization must monitor the completeness and relevance of information about employees subject to military registration. For these purposes, such an employee creates a personal card for each employee liable for military service, which reflects all the information about him: marital status, position held in the organization, level of education, place of residence, etc. (clause 28 of the Methodological Recommendations).
For information on the form with which the employer carries out military registration of employees, see the article “Unified Form No. T-2 - form and sample of completion.”
If any employee receives a summons from the military registration and enlistment office, the company's military registration desk must notify him about this, and also ensure that he appears at the military registration and enlistment office in a timely manner. If a woman with a military specialty gets a job, the company must send her to the military registration and enlistment office for initial registration.
In addition, the company should explain to its employees exactly how they must fulfill their military duty in the event of mobilization, as well as what responsibility will arise if they do not do so.
An important function of specialists conducting military records in an organization is the reservation of workers, i.e., assigning the necessary specialists to the organization for the duration of a military conflict.
ATTENTION! As a rule, the booking tool is available only for strategically important enterprises, i.e. those carrying out military or government contracts, directly affecting the livelihoods of the population, etc. You can find out whether a company can book employees in the event of martial law being introduced at the military registration and enlistment office.
The company's military registration desk reports to the military registration and enlistment office. Therefore, the organization must send all information regarding:
- hiring (dismissal) of military personnel;
- changes in current information about such employees.
In addition, the company is required to annually notify the military registration and enlistment office of the number and composition of employees aged 15 and 16 years, as well as those who have just reached the age when initial military registration must be carried out.
An inspector from the State Labor Inspectorate in the Nizhny Novgorod region explained what kind of reporting organizations are required to submit to the military registration and enlistment office. V. I. Neklyudova. Get trial access to ConsultantPlus and get acquainted with the official’s point of view for free.
At least once a year, the information from the organization’s military registration desk should be verified with the information available at the military registration and enlistment office. For these purposes, the company must maintain a special audit log.
Contents of the notification to the military commissariat
A sample notification to the military registration and enlistment office contains the following data:
- the name of the military commissariat to which the notification is sent;
- information about the employer (name, address, location, telephone);
- information about the employee (last name, first name, patronymic, date of birth, rank, military registration specialty number (MRS), place of residence);
- Job title;
- address of the workplace;
- date and order number;
- date of the notification;
- manager's signature;
- signature of the responsible employee;
- and other data.
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.
Order on the organization of military registration: sample
As stated above, military registration in the company is organized from the moment the order is issued, signed by the head, on the organization of military registration of citizens, including the reservation of employees in the reserve.
You can download the form for such an order on our website.
This order must specify who exactly will carry out military registration in the company, as well as who will replace the main specialist during the period when he will be absent for some reason.
The procedure for dismissal without the participation of a conscript
Sometimes an employee is taken to work before the employer receives a summons. Therefore, the dismissal of an employee occurs without him, but only on the basis of this summons. The date of dismissal must be taken as the last day actually worked by the employee. Otherwise, the dismissal procedure will be the same.
The only difficulty that arises is that the employee cannot receive his work permit and also sign all the necessary documents. In such cases, it is necessary to draw up an act. The act indicates the reasons why the company cannot obtain the employee’s signature. In the order, instead of the employee’s signature, a reference to this act is placed. The employer must keep the work book until the employee comes to collect it.
Responsibility for violation of the rules for maintaining military records in the company
Since maintaining military records in an organization is its duty, and not a right, then, accordingly, the legislator provides for penalties for failure to fulfill/incorrect performance of this duty.
From 05/05/2020, liability for violations with military registration for officials of organizations responsible for military registration work has been strengthened. The corresponding amendments to the Code of Administrative Offenses of the Russian Federation were introduced by Law No. 132-FZ dated April 24, 2020. So:
- for failure to submit within the prescribed period to the military registration and enlistment office or other body carrying out military registration, lists of citizens subject to initial military registration, the fine will be 1000-3000 rubles. instead of 300-1000 rubles. (Article 21.1);
- failure to notify citizens of a summons from the military registration and enlistment office or other body that carries out military registration, as well as failure to provide citizens with the opportunity to timely appear when summoned - 1000-3000 rubles. instead of 500-1000 rubles. (Article 21.2);
- failure to report information about citizens hired or dismissed from work who are or are required to be, but are not registered with the military - 1000-5000 rubles. instead of 300-1000 rubles. (clause 3 of article 21.4).
Business portal Paths to success
As you know, all enterprises are required to inform the Military Registration and Enlistment Offices about the hiring of employees liable for military service.
We provide a sample of such a message for the users of our portal to familiarize themselves with. Limited Liability Company TO THE MILITARY COMMISSIONER “WAYS OF SUCCESS OF THE SOVIET DISTRICT address: ____________________________ ________________________ tel. ________________ _________________________ I inform you that reserve private Terentyev Roman Viktorovich has been hired at Paths of Success LLC for the position of salesman.
Employment order No. 82-K dated March 1, 2011. Director I. I. Petrov More document samples:
Results
Methodological recommendations for maintaining military records, as well as Regulation No. 719 and Law No. 53-FZ, require in 2021 that all organizations employing citizens liable for military service keep records of such workers. To do this, the company must allocate a special employee (or several specialists) and issue an appropriate order establishing his functions. The military registration itself in the company is expressed in maintaining up-to-date information about all employees liable for military service. For this purpose, the company creates special personal cards for each employee, the information in which should be periodically transferred to the military registration and enlistment office. In addition, if an organization is of strategic importance, it has the right to reserve some employees for the period of a possible military conflict; then such employees will not be drafted into the army, but will remain to work in the company. It is also important to remember that for violation of military registration rules in organizations, penalties are imposed on the employer.
Sources:
- Federal Law of March 28, 1998 No. 53-FZ
- Decree of the Government of the Russian Federation of November 27, 2006 No. 719
- Code of Administrative Offenses of the Russian Federation
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Payments to an employee who leaves to serve
Payments to the dismissed employee are made on the final working day.
Payouts include:
- earnings for actual hours worked;
- monetary compensation for vacation days not taken off;
- severance pay - in the amount of 2 weeks' average salary for the last year.
If an employment contract was drawn up with a person for a period of up to 2 months, then severance pay is not accrued to him.
If the employee is absent, the payment is transferred to his card or the salary is deposited. In the latter case, the money is not paid until:
- the appearance of a former employee or his representative acting on the basis of a power of attorney;
- receiving information from the leadership of the military unit about the procedure for transferring funds (for example, referral to the place of service).
The employer does not have the right to demand that the employee return funds for vacation used in advance before terminating the contract in connection with military conscription.