Unscheduled inspections by the military registration and enlistment office. Workers not subject to military registration
Every enterprise has people liable for military service. The article will help you properly organize military registration. Read the proposed material that will help the employer organize military registration work.
In accordance with the Federal Law “On Defense” dated May 31, 1996 No. 61-FZ (clause 6, clause 1, article 8) All organizations, regardless of their form of ownership, must maintain military records. The process of military registration is regulated by Decree of the Government of the Russian Federation of November 27, 2006 No. 719 “On approval of the Regulations on military registration.”
You must report on the maintenance of military records to the military registration and enlistment offices at the location of the organization. This procedure follows from paragraphs 27, 30 and 32 of the Regulations, approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719.
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ORDER on the organization of military registration and reservation of citizens 2018 - 2019
Which employee should keep military records in the organization?
The head of the organization is responsible for the state of military registration in the organization (clause 6 of article 1 of the Law of March 28, 1998 No. 53-FZ, clause 9 of the Regulations approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719). He may appoint an employee responsible for military registration work. An order is issued for this purpose. The order must also indicate the employee who will replace the person responsible for military registration during his absence (for example, vacation or business trip). In case of temporary absence, the employee responsible for military registration must, according to the act, transfer documents for maintaining records to the second employee. This is stated in paragraph 22 Methodological recommendations, approved by the General Staff of the Armed Forces of the Russian Federation.
Is it possible to assign the responsibility for maintaining military records to an accountant?
Yes, you can. To do this, the obligation to maintain military records must be provided for in the employment contract or job description accountant (paragraph 2, letter of Rostrud dated October 31, 2007 No. 4412-6). If the employee’s duties do not include maintaining military records, then such work can be assigned to an accountant by registering an internal job or part-time job.
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Who is subject to military registration
Employees subject to military registration, according to paragraph 14 of Resolution No. 719, include:
- conscripts;
- persons liable for military service.
How to determine that an employee whom an organization hires is subject to military registration
Attitude to military duty can be determined by a citizen’s passport Russian Federation(clause 49 of resolution No. 719). When hiring a new employee, you need to check his passport. If a citizen is subject to military registration, then there will be a stamp on the 13th page of the passport "Conscription"(clause 11 of the Description of the passport form, approved by Decree of the Government of the Russian Federation of July 8, 1997 No. 828).
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Which employees are not subject to military registration?
According to paragraph 15 of the Regulations approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719, the following employees are not subject to military registration:
- exempted from military duty in accordance with Article 23 of the Law of March 28, 1998 No. 53-FZ (for example, recognized as unfit or partially fit for military service for health reasons, having completed military service in another state, etc.);
- undergoing military service or alternative civilian service;
- females who do not have a military specialty;
- permanently residing outside of Russia;
- having military ranks of officers and being in the reserves of the Russian Foreign Intelligence Service and the Russian FSB.
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Legislation on military registration at an enterprise
- Labor Code of the Russian Federation ().
- the federal law dated May 31, 1996 No. 61-FZ “On Defense” (clause 6, clause 1, article 8).
- Decree of the Government of the Russian Federation of November 27, 2006 No. 719 “On approval of the Regulations on military registration.”
- Methodological recommendations for maintaining military records in organizations, approved. General Staff of the Armed Forces of the Russian Federation
- Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service.”
- "Rules for maintaining a single state register legal entities and provision of the information contained therein”, approved by Decree of the Government of the Russian Federation of June 19, 2002 No. 438 (clause 19).
- Code of Administrative Offenses of the Russian Federation ().
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Military registration documents
Maintain military records based on military registration documents. Citizens must present them when applying for a job. If such documents are not presented, the organization itself is obliged to request information about the person’s status (clause 28 of the regulation, approved by Government Decree No. 719 of November 27, 2006, Part 1 of Article 65 of the Labor Code, decision Supreme Court dated November 19, 2009 No. GKPI 09-1351).
Military registration documents include:
- for conscripts - a certificate of a citizen subject to conscription for military service;
- for men liable for military service - military ID, military ID of a reserve officer, temporary certificate or temporary certificate of a reserve officer.
The forms of military registration documents are given in Appendix 9 to the Instructions, approved by Order of the Ministry of Defense dated July 18, 2014 No. 495.
Download an example of filling out form No. 18 “Organization registration card at the military registration and enlistment office” (.docx 17Kb)
Note: The form of registration card No. 18 and the deadline for submission should be clarified at the military commissariat at the place of registration of the organization, since there is no uniform procedure established at the federal level.
The fact that women belong to the category of citizens liable for military service is confirmed by a stamp in their passport. This follows from paragraphs 28 and 49 of the regulations approved by Government Decree No. 719 dated November 27, 2006.
Is it possible to refuse employment to a person who has not presented military registration documents?
No you can not. Citizens liable for military service or conscripts present military registration documents when applying for a job. If there are no documents, the organization itself is obliged to request information about the employee’s status for the purposes of military registration (Part 1 of Article 65 of the Labor Code, decision of the Supreme Court of November 19, 2009 No. GKPI 09-1351).
IN Labor Code There are no provisions prohibiting the employment of citizens without military registration documents. If you refuse to hire such an applicant, violate it labor rights(Articles 3 and 64 of the Labor Code).
If you hire an employee who has not presented military registration documents, notify the military registration and enlistment office. If the organization fails to comply this duty, this may lead to administrative liability (subparagraph “a”, paragraph 32 of the regulation, approved by Government Resolution No. 719 of November 27, 2006, Part 3 of Article 21.4 of the Administrative Code).
Notification of the military registration and enlistment office, organization and maintenance of military records?
How to report draft dodgers to the military registration and enlistment office
Since February 17, 2019, employers have new responsibilities provided for by Federal Law No. 8-FZ dated 02/06/19, which amended the law on conscription and military service. Now the heads (other responsible persons) of organizations must report to the military commissariats about employees who evade military registration, and also provide the “evaders” with directions to the military registration and enlistment offices. In what form should such directions be drawn up? The answer to this question is contained in the letter of the Russian Ministry of Defense dated 03/01/19 No. 315/4/1023.
Under the new rules, employers are required to:
- send within two weeks information about cases of identification of citizens who are not registered with the military, but are required to be so registered;
- provide these citizens with directions to military registration and enlistment offices for military registration.
The form of referral to the military commissariat for military registration was approved by a joint order of the Ministry of Defense, the Ministry of Internal Affairs and the Federal Migration Service of September 10, 2007 No. 366/789/197 (.rtf 287 Kb). There is also a form in which information about citizens who are not, but are required to be registered with the military, is indicated.
Notification of the military registration and enlistment office
The employer is obliged to notify the military commissariat and (or) authorities within two weeks about the hiring and dismissal of an employee who is subject to military registration. local government(subparagraph “a”, paragraph 32 of the Regulations, approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719).
You can submit information using the form given in Appendix 9 to the Methodological Recommendations approved by the Russian Ministry of Defense on July 11, 2017.
If you do not provide such information, it will be imposed (Part 3 of Article 21.4 of the Code of Administrative Offenses of the Russian Federation).
Organization and maintenance of military records
Everything is described in great detail in the sources below.
- Source 1
- http://www.kadrovik....11687
The military registration and enlistment office can check the correctness of the organization of military registration
Military commissariats check the maintenance of military records in organizations. Such inspections are carried out once a year for organizations with more than 500 employees and at least once every three years for employers with fewer employees.
When conducting an inspection, military commissariats establish:
- complete coverage of citizens with military registration;
- quality of military registration;
- completeness and accuracy of the data contained in the personal cards of people subject to military registration;
- organizing and ensuring the fulfillment by citizens of military registration duties, fulfillment officials organizations of legislative requirements on military duty and military registration.
The results of inspections are communicated by the military registration and enlistment office to the heads of organizations and reflected in the logs of inspections of military registration, which are kept in military commissariats (local government bodies) and in organizations. The form of the magazine was approved by order of the Russian Ministry of Defense dated July 18, 2014 No. 495.
If serious shortcomings are identified in the maintenance of military records by organizations, military commissars report this to the military commissariats of the constituent entities of the Russian Federation and the higher authority to which the organization being inspected is subordinate (if any). In addition, if certain violations are identified in the field of military registration, the guilty employees of the organization may be brought to administrative responsibility under Articles 21.1–21.4 of the Code of the Russian Federation on Administrative Offenses.
Such rules are established by subparagraph 8 of paragraph 17 of the Regulations approved by Decree of the President of the Russian Federation dated December 7, 2012 No. 1609, paragraphs 3–9 of Appendix 2 to the Instructions approved by order of the Russian Ministry of Defense dated July 18, 2014 No. 495, and paragraph 1 of Article 26.1 of the Law dated December 26, 2008 No. 294-FZ.
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Does an entrepreneur need to keep military records for his employees?
An entrepreneur is not required to keep military records (subclause 6, clause 1, article 8 of the Law of May 31, 1996 No. 61-FZ, clause 7 of Article 8 of the Law of March 28, 1998 No. 53-FZ).At the same time, he, like other employers, must request military registration documents from persons applying for work (Part 1, Part 3 of Article 11, Part 4 of Article 20 of the Labor Code of the Russian Federation).
However, liability for failure to report the hiring of employees without military documents is provided only for organizations (). Therefore, an entrepreneur can maintain military registration documents (for example, enter information about military registration in an employee’s personal card), but is not required to provide information about employees to the military registration and enlistment office. In addition, the entrepreneur does not have the right to refuse an applicant who has not submitted Required documents about military registration, in hiring.
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FINE for violating the procedure for maintaining military records
Note: clause 54 of the Regulations approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719
For failure to submit within the prescribed period to the military commissariat or other body carrying out military registration, lists of employees subject to initial military registration, a fine of 300 to 1000 rubles is imposed. ().
For failure to notify an employee of a summons from the military commissariat, as well as failure to ensure the possibility of timely attendance when summoned, a fine of 500 to 1000 rubles is provided. (Article 21.2 of the Code of Administrative Offenses of the Russian Federation).
Late submission of information about changes in the composition of permanently residing citizens or citizens staying for more than three months in a place of temporary residence, who are or are required to be registered with the military, is punishable by a fine in the amount of 300 to 1000 rubles. (Article 21.3 of the Code of Administrative Offenses of the Russian Federation).
For failure to report information about hired/dismissed employees who are or are required to be registered with the military, the organization will have to pay from 300 to 1000 rubles. (Article 21.4 of the Code of Administrative Offenses of the Russian Federation).
Employees may also be held liable for failure to fulfill military registration obligations. For example, the failure of a citizen who is or is required to be registered with the military to appear upon a call (summons) from the military commissariat at the established time and place without a good reason entails a warning or imposition administrative fine in the amount of 100 to 500 rubles. (Article 21.5 of the Code of Administrative Offenses of the Russian Federation). The same punishment threatens those who did not report a change in marital status, education, place of work, or position to the military registration and enlistment office or other body that carries out military registration at their place of residence within the prescribed period.
All violations in the field of military registration for which administrative liability has been established are not considered to be ongoing. The period for holding them accountable does not exceed two months from the date of commission (Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation).
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Expert advice The information necessary for paperwork is extracted from military tickets and certificates presented by employees, or requested from the military registration and enlistment office. Do not forget a person liable for military service or a conscript, copy all pages of the military ID on which there are entries, draw up receipts for the receipt of military registration documents and keep the counterfoils from them. |
How to keep military records in an organization: step-by-step instructions-2018
Absolutely all enterprises are required to maintain military records, regardless of their field of activity and legal form. Step-by-step instructions will help you understand the intricacies of the process and understand where the organization of military registration in an organization begins.
Step-by-step instructions: maintaining military records in an organization
Step 1: Assign a responsible person. This could be either a company secretary or an employee of the human resources department, or a main employee or an entire department (military registration desk) dedicated exclusively to maintaining military records. The Personnel System expert will tell you: how to determine the number of employees keeping military records in an organization
Step 2. Determine which categories of employees you will work with. Focus on the requirements of the Methodological Recommendations, approved. by the General Staff of the Armed Forces of the Russian Federation on April 11, 2017 and Decree of the Government of the Russian Federation No. 719 of November 27, 2006. If the enterprise maintains not only general records, but also reservations for citizens in reserve, additionally develop documents in accordance with the appendices to the Instructions, approved by Resolution of the Interdepartmental Commission on Reservations No. 664c dated February 3, 2015.
Step 3. Register your employer with the local military commissariat. Here you can also get induction training, guidelines, sample documents and consultations on controversial or atypical cases. Registration separate divisions is conducted at the location of branches and representative offices, and not at the parent organization.
Step 4. Prepare all necessary documents: magazines, cards, lists. If possible, automate some of it paperwork using special programs for the formation of document flow.
You can master methods of competent document management at the HR School:
Step 5. Keep your military registration information up to date. At least once a year, check the data on your personal cards with documents provided by employees or representatives of the military registration and enlistment office, and make the necessary changes.
Step 6: Meet reporting deadlines. The employer is obliged to provide the military registration and enlistment office or local government authorities with information:
- about male employees who are next year turns 17 years old - the age of initial military registration (annually until November 1);
- for male employees aged 15 and 16 years (annually in September).
- about employment and dismissal of employees subject to military registration - within two weeks from the date of the event;
- about employees who are on the VU - upon request within two weeks.
It is very important not to limit ourselves solely to paperwork, but to conduct full-fledged methodological training of personnel: explain the procedure for mobilization, serve summons, and promptly report calls to the military registration and enlistment office.
VU maintenance checks are carried out regularly. If the company does not yet maintain military records, start with organizational issues: register with the military registration and enlistment office, appoint a responsible employee. If records are being kept, an audit will not hurt: check the data and make sure that you report to the military registration and enlistment office on time, and that all necessary documents are stored in the personnel department or the military registration desk of the enterprise.
Keeping military records in an organization is the responsibility of every company, and far from being a right, as many believe. The Federal Law “On Defense” dated May 31, 1996 No. 61-FZ tells us about this (clause 6, clause 1, article 8). At the same time, many organizations neglect this responsibility, since fines for dishonest maintenance of military records in an organization or failure to keep it at all are negligible compared to violations of other areas of maintenance personnel records management, and do not exceed 1000 rubles for each type of violation (Chapter 21 of the Code of Administrative Offenses of the Russian Federation). However, every company sooner or later comes to the need to establish military registration, since regional military registration and enlistment offices visit every company operating in the territory entrusted to them with a certain frequency. In addition, you need to remember that a fine can be imposed for each “incident” of violation, and not just for the fact of the violation.
In this article we will look at the main questions that arise for HR specialists during the work on organizing military records in a company. Indeed, despite the presence of precise instructions from the General Staff, immediately at the beginning of work, especially when this is done for the first time in the life of a specialist, instructions become insufficient. A clearly constructed plan is needed. It is on the principle of the plan that our article will be structured.
When starting work on organizing military registration, first of all, it is necessary to study all the governing documents. The so-called “working folder” will help with this, containing printed guidelines for maintaining military records (laws). Such a folder must be in every organization and contain the Federal Law of April 24, 1996 No. 61 “On Defense”, Federal Law of January 24, 1997 No. 31 “On mobilization preparation" On Martial Law”, Decree of the Government of the Russian Federation of November 27, 2006 No. 719 “On approval of the Regulations on military registration”, Guidelines for organizing and maintaining military registration and reservation of citizens in the reserve (GPZ). During the inspection, the inspector will definitely pay attention to this folder and, if it does not exist, he will definitely order it to be created. In addition, it is assumed that the employee responsible for military records in the organization must know and constantly study the governing documents, therefore, if you are going to keep military records according to all the rules, then having this folder is, first of all, in your interests, and then - in the interests of passing the inspection.
The responsibility for maintaining military records is assigned to the head of the organization “by default.” However, the enterprise must have an order appointing someone responsible for maintaining military records, indicating a replacement employee for the period of absence of the main one (business trip, vacation, sick leave). The form of the order to appoint someone responsible for military registration in the organization is given in methodological guidelines on the organization and maintenance of military records and reservations of the Civil Defense Forces and is mandatory. The order is prepared annually and mandatory agreed with the military registration and enlistment office (after approval, the signature of the military commissar with the seal of the military registration and enlistment office appears on the order, which confirms the fulfillment of the document approval rule). Next, a package of documents is prepared for registering the organization with military registration: an organization card for F-18 and a plan of work for military registration for the year, which is also agreed upon annually with the district military registration and enlistment office. Form 18 is filled out based on statistical data on the organization’s employees at the time of preparation of the document and contains data about the organization, total number employees, as well as the number of citizens in the reserve and working in the organization, distinguished by composition and degree of suitability for military service. The work plan is prepared in accordance with the form given in the guidelines for the organization and maintenance of military records and reservation of military reserves. Depending on the military registration and enlistment office and region, when registering an organization for military registration, you may also need a notification of the organization’s registration with military personnel, Form 6, a plan for replacing specialists during mobilization and war time, as well as a list of conscripts.
Particular attention should be paid to the card index of personal cards of citizens in reserve. It is built according to the T-2 form, but is sorted by composition:
- separate personal cards of reserve officers;
- separately personal cards of warrant officers, midshipmen, sergeants, foremen, reserve soldiers and sailors;
- separately, personal cards of female citizens in reserve;
- separately personal cards of citizens subject to conscription for military service.
All T-2 cards of citizens subject to reserve and working / working employees must be recorded in the T-2 card register. The form of the journal is given in the guidelines for organizing and maintaining military records and reservations of the Civil Defense Forces and is mandatory. According to the form of the journal, columns are provided for notes on registration and deregistration of GPP in the organization. Please note that logging is allowed in in electronic format. However, at the time of inspection, it will need to be printed and presented to the inspector as evidence of compliance. When an employee is dismissed, the T-2 card is transferred to the archive. Unlike T-2 cards for employee registration, T-2 cards for those liable for military service are stored for 3 years (T-2 cards for employees - 75 years) after dismissal.
When hiring an employee, as well as when building a file of those liable for military service, pay attention to the correctness of the completed military registration data in the T-2 card:
- The composition (profile) is filled out without abbreviations based on the data of the military registration document: command, engineering and technical, military-humanitarian, pedagogical, legal, medical, veterinary.
- The full code designation of the VUS is also indicated in the military registration document and is entered on the card in full accordance with the military ID.
- The category of fitness for military service is also presented on the corresponding page in the military ID. At the same time, if there is no record of fitness, then fitness category “A” is indicated (this often happens with reserve officers).
- The name of the military commissariat is indicated in accordance with the last entry in the military ID.
- The column “Registered with the military” is filled in according to the following lines:
a) in cases where there is a mobilization order and (or) a stamp on the issuance and withdrawal of mobilization orders;
b) for citizens reserved with the organization for the period of mobilization and during wartime (section I, clause 4 of the military ID).
- A note on removal from military registration is made in the personal card of those citizens who have reached the age limit for being in the reserve or are declared unfit for military service for health reasons.
- Citizens subject to conscription for military service (up to 27 years of age): the columns “Reserve category”, “Composition (profile)”, “Full code designation of the military service” and “Registered with the military” are not filled in . In the column “Military rank” an entry is made in pencil “subject to conscription.”
- The category of suitability for military service is written in letters in accordance with the data of the military registration document:
A - fit for military service.
B - fit for military service with minor restrictions.
B—limitedly fit for military service.
D - temporarily unfit for military service (re-examination period).
D - unfit for military service (removed from military registration).
When building a card index, you should also pay attention to such card fields as “knowledge foreign languages" and "education". Military commissioners pay attention to the information in these fields and believe that they must be filled out, despite 152-FZ (On the Protection of Personal Data) and the absence of educational requirements for the employee’s position. They motivate their requirement to fill out these fields by the fact that military registration and enlistment offices will urgently need this data in case of mobilization or wartime. This may be true, but for us, personnel officers, this circumstance, of course, does not make our work easier. Especially if the company has less than 500 employees - in this case, the employee is engaged in military registration along with his main job. And only when the GPP is more than 500, is a separate worker assigned to this area of work.
Each organization, in addition to a file cabinet, a working folder, an order appointing someone responsible for military registration and an agreed work plan, must also have a log of checks on the implementation of military registration and reservation of citizens in the reserves of the Armed Forces of the Russian Federation. The form of the journal is given in the guidelines for organizing and maintaining military records and reservations of the Civil Defense Forces and is mandatory. In this magazine, representatives of the administration and military commissars who will come with inspections will give their comments and assessments - annually for more than 500 employees and once every 3 years for less than 500 employees.
The last step in this not an easy task, organization military registration at the enterprise from scratch, will serve as the preparation of a working folder where all outgoing and incoming documentation on military registration will be stored. It is to this folder that notices of hiring and dismissal of employees, prepared within 2 weeks, correspondence with military registration and enlistment offices, and so on will be transferred for storage. It is recommended to prepare all outgoing documents in 2 copies - one for the military registration and enlistment office, the second for the employer. The documents must be marked with the originating number and date. It is recommended to submit documents submitted directly to military registration and enlistment offices according to the inventory, and when sending by mail, be sure to include an inventory of the shipment. Otherwise, it will be quite difficult to prove that you carried out military registration work in a timely manner, in accordance with legal requirements.
Further maintenance of military records is carried out in accordance with the plan for maintaining military records in the organization in compliance with the deadlines specified in the plan.
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As you can see, in principle there is nothing complicated in maintaining military records. There is more monotonous paperwork here, which not everyone likes. In addition, the work on setting up and maintaining military records is quite labor-intensive, since it requires the presence of a separate T-2 card index of those liable for military service, which also needs to be maintained, filled out and replenished, like the main one.
Whether or not to keep military records - of course, the company can decide for itself how and whether to pay wages employees on the card, reporting to all relevant funds, or issue it in envelopes, depriving employees of future pensions and other benefits. But, based on experience, if your company has already appeared in the military registration and enlistment office in one way or another, then military registration will have to follow all the rules.