I worked as a civilian military unit. Can the head at the conclusion of the employment contract as a separate item be possible to increase the length of the basic leave entitlement depending on the duration of his work (in years) at the same employer?
In accordance with Art. 116 of the Labour Code of the Russian Federation, employers considering its operational and financial capacity may independently establish additional leave for employees. The procedure and conditions of their provision are determined by collective agreements or local regulations are taken into account the opinion of elected body of primary trade union organization.
Based on this norm, the head of the military organization is entitled to include in the employment contract concluded with the employee, the rate of increase in the duration of paid annual leave only if such a feature is provided by a collective agreement or local normative act of the military organization.
Citizenship reminded about yourself
In November 2010, she entered into a marriage with a citizen of Ukraine. Since November 2011 his wife have been registered in my service to her apartment and through the Federal Migration Service of the Russian Federation granted temporary residence in Russia in September 2014. In September 2011 our son was born — the citizen of the Russian Federation. In my own case my wife and son recorded.
Military service in the Armed Forces I pass since August 1991. September 9, 2010, I received registration for the provision of housing in connection with the dismissal of OSHM. All documents at the request of Defense Minister order number 1280 of 30.09.2010 «On granting the Armed Forces military premises under a contract of social rent and service premises» I have been filed in the Federal «Vostokregionzhile» Khabarovsk. But in the Unified Register of data on military housing number of family members indicated two people.
22 March 2012 I submitted to the head of FGI «Vostokregionzhile» Khabarovsk statement amending the accounting data contained in the registry soldiers, accompanied by supporting documents again.
April 24, 2012 the representative of the FSI «Vostokregionzhile» Khabarovsk informed me that the change in the Unified Register of data on housing troops in section «Number of members of the family» with two men in three will not make. This answer was-founded by my wife — a citizen of Ukraine, which has a temporary registration in the Russian Federation and the Housing Code of the Russian Federation, according to the Federal Law «On the Status of Servicemen» housing it at the rate of 18 square meters. m total area of dwelling per person is not allowed. With this answer I do not agree.
Does my wife is entitled to a living space?
Colonel Vyacheslav ZHIDETSKY.
Workers housing authorities acted lawfully. The fact that, according to para. 5, Art. 49 of the Housing Code of the Russian Federation accommodation under contracts of social hiring of foreign citizens are not provided, unless an international treaty of the Russian Federation does not provide otherwise.
Thus, your spouse will become eligible for the dwelling on the social contract of employment as a part of your family only after obtaining Russian citizenship.
Inaccuracies in terms of
From 1994 to 2003, passed the state law enforcement service in the federal bodies of tax police of Russia, was dismissed from the Federal Tax Police Service of the Russian Federation 30.06.2003, the redundancy due to the abolition of the Federal Tax Police Service of the Russian Federation m. At the same time I was not offered the post of civil servant, no other organs of civil service 1_. So I got registered at the Employment Center and 01.07.2003 till 01.07.2004 was in the reserve civil service.
From 2006 to the present time I am going through military service. During my service in the Russian Tax Police Command of the military unit included in the total years of service. However, the above calendar year, when I was in the reserve after the civil service downsizing (according to the Federal Law № 119-FZ, art. 16 of 31.07.1995 city), the command refuses to include a portion of my overall longevity. Citing the fact that the above-mentioned Federal Law № 119-FZ of 01.02.2005 became invalid, on the basis of the Federal Law № 79-FZ.
I believe that the Federal Law №119-FZ, inoperative since 01.02.2005, acted in the period from 01.07.2003 till 01.07.2004 and had the legal effect, as the principle of law, «the law is not retroactive «I have not been canceled.
Are the actions of the command by refusing to include the above calendar year in my general seniority?
Ensign Alexander Bragin.
The procedure for calculating the length of service of servicemen is regulated by two main regulatory legal acts of: a) the length of service for retirement — RF Government Decree number 941 of 22 September 1993 .; b) length of service for the determination of the size of the monthly interest allowance for long service — Russian Federation Government Resolution № 1074 of December 21, 2011
According to para. 1 of the Russian Federation Government Resolution № 941 of September 22, 1993 in the office of Tax Police of the Russian Federation as employees with special ranks, is included in the length of service for retirement. The residence time of the citizen in the reserve civil service seniority in retirement can not be offset.
According to the signature. «O» n. 2 of the Rules approved by the RF Government Decree № 1074 of December 21, 2011, soldiers in the years of service for the purpose of monthly allowances for length of service shall be counted in calendar-year service in the federal bodies of the tax police as employees with special ranks .
The residence time of the citizen in the reserve of public service in seniority to assign the said allowance shall not be subject to credit.
In the article you mentioned. 16 lapsed Federal Law № 119-FZ dated July 31, 1995 dealt with the preservation of civil servants continuous seniority and continuous length of service.
These concepts — «continuity of employment» and «continuous service public service» — no relation to the length of service in the military (for the calculation of retirement pension or allowance for long service) are not.
Your actions are lawful command.
CPA «Stuck» in FSO
FSO pass service in Russia, my wife — in the Russian Defense Ministry. Until 2013 the structure of the FSO CPA for basic leave the soldier and his family saved. The Ministry of Defence of these benefits repealed in 2012. I get entitled to the CPA for the main holiday themselves, 2 children and wife — servicemen of the Defence Ministry?
Mayor Victor Efimenko.
Yes, you have that right. It is only necessary to avoid problems to provide a certificate of service to your wife that her 2012 military transportation documents for travel on vacation and back are made available.
Do I have to «give» an apartment?
I, my wife, two daughters have owned
2-room apartment on the privatized share for each acquired for their own funds. During the service of the state me any property not allocated. Under the program of providing servicemen with housing offered me one-bedroom apartment in addition to my 2-room and 3-room area of 75.2 square meters. m to replace my 2-room, followed by the transfer of the latter in the housing w / h under the contract of donation. I’m standing in line for improvement of living conditions since 1993. Is it legal to the fact that the improvement of living conditions I have to «give» to the state of our two-room apartment?
Senior Warrant Officer Sergei KONDRONKO.
Housing refers to the type of material for military personnel, which is available in strict dependence on the degree of need (as opposed, for example, from clothing to ensure that new items of clothing assets issued soldier after the expiry of the issuance of the previous matter needs to have a soldier or not, worn previously issued items or not).
The Housing Code of the Russian Federation and in art. 15 of the Federal Law «On the Status of Servicemen» clearly and unambiguously stated that the accommodation provided to the citizens, an officially recognized need to obtain premises. If a citizen, a soldier decided to own their housing problem by buying property, getting her a gift, inheritance, etc., the state has no obligation to provide his dwelling.
In connection with the provision of your property from the state only to the extent of losses to the rules of, a legitimate and justified.
«System area» for 3 months
After graduating from higher military educational institution came to the place of service. How long do I have to provide service housing? Whether these terms are fixed by law?
Lieutenant Vasily Petrov.
In accordance with para. 1, Art. 15 of the Federal Law «On the Status of Servicemen» soldier-citizens on military service under the contract, and, together with the members of their families shall be given no later than three months from the date of arrival at the new place of military service office accommodation at rates and in the manner provided for federal laws and other normative legal acts of the Russian Federation, subject to the right to additional living space. Tools accommodations available in localities where military units are located, and in the absence of the possibility to provide office accommodation in these areas — in other nearby settlements.
Victor KORYAKIN, LL.D.