What can a soldier who is entrusted with warehouse property, forced by superiors to pay for harm he did not cause? What do the regulations say about wearing signs of an recognition reserve? Is the severance allowance for professional military service to be paid together with the housing check? These and another questions are answered by MON experts.
Can you collect money for unused vacations?
The cash equivalent for 1 day of unused remainder leave or additional remainder leave shall be 1/22 parts of the monthly basic wage plus allowances of a fixed nature due on the last day of professional military service. In accordance with the applicable regulations, it is not possible to pay the equivalent for unused leave during the service.
Should an active reserve soldier wear an recognition mark on his days of service – made of metallic stylized letter “R”?
Soldiers moved to the reserve and at remainder on the marks of the step or place where the mark of the degree is worn, but for headgear, shall bear an recognition mark, made of metal, representing the stylized letter ‘R’ in a circular wreath of laurel leaves. This evidence refers to all soldiers in reserve – both passive and active. Soldiers with no signs of military degrees under the recognition mark may wear a pad under the school mark.
I'm a soldier entrusted with warehouse property. In the course of my audit, there were shortcomings I'm not liable for. However, my superior forces me to pay for the damage, although I did not origin it. He threatens me with criminal conduct and firing me from the army if I don't. I know the supervisor has a close prosecutor, and I'm afraid his threats can be realised. What can I do?
This issue is governed by Articles 491 to 507 Act of March 11, 2022 on the Defence of the Motherland and the decrees of the Minister of National Defence: dated 12 October 2023 on the entrustment of property to soldiers and of 16 October 2023 on the declaration of harm to military property and the determination of its amount.
In this situation, it should be stressed that, in accordance with paragraphs 1, 2 and 3 of Section 3 of the MON Regulation of 12 October 2023, the entrustment of funds and cash or property in a warehouse, another closed area or in a place adapted for the retention of property under the direct supervision of that soldier is carried out on the basis of a protocol for the adoption or inventory of the actual assets (inventory) at the written command of the commander of the organisational unit supplying the property with the powers of the authorising officer of the budget or at the request of the soldier. In peculiarly justified cases, a soldier may be entrusted with property which is not held in the manner referred to in paragraph 1 on the basis of a protocol of acceptance or inventory carried out at the written command of the commander of the organisational unit or at the request of the soldier. The inventory shall be carried out with the participation of the soldier to whom the property is to be entrusted within 1 period of the date of notification of the intended entrustment of the property to him or, in justified cases, at another time.
Importantly, if there are no deficiencies in the question referred in accordance with Article 501(1) of the Act in the evidence of the admission of military property, the soldier entrusted with the property shall, within the limits set out in Article 493, be liable for harm to the property entrusted with the work to return or calculate. Of course, a soldier can free himself from liability for harm to property entrusted if he shows that it was created for reasons independent of him, specified as theft.
In relation to the criminal proceedings mentioned in the question, it should be pointed out that, in accordance with the MON Regulation of 16 October 2023, the commander of an organisational unit, upon being informed of the occurrence of an event bearing the mark of harm to property, shall immediately take steps to find whether there is simply a condition for the soldier's liability. In the course of the proceedings, the commander shall act to clarify all the circumstances justifying the soldier's liability or deficiency of ownership and to measure the amount of harm caused.
Accordingly, a soldier may only be liable for compensation if the competent authority finds the harm and determines the amount of harm and the persons liable for it.
At the same time, it should be noted that, in accordance with Article 507 of the Act, disputes concerning the property liability of soldiers are being dealt with by labour courts and labour courts and social security.
In conclusion, the author of the question should first mention to the minutes of the investigation and find whether he has been designated by the competent authority as liable for the damage. If so, and yet does not agree to pay the compensation, the competent authority will order the soldier to pay the compensation to the labour court. Criminal proceedings shall not be conducted in this respect unless harm to property has been caused by the offence.
What are the soldier's regular duties? voluntary essential military service In the Navy, which was assigned to 24-hour watch service or in the garrison emergency division?
In accordance with the General Regulation of the Polish Army soldier, a soldier designated to execute interior service or on work of at least 24 hours shall be released from another duties on the day of the commencement and termination of that service or on duty.
After leaving the service, is the check-in paid together with the flat check-in?
The severance allowance related to dismissal from professional military service shall be paid on the basis of the Homeland Defence Act. In turn the regulations on housing clearance are contained in the Act on accommodation of the Armed Forces of Poland. In view of the above, the 2 claims are paid independently.
