An influencer soldier?

What legal steps can the commander of a military unit take in the case of a soldier of a female operating on the Internet? I will mention that the content recorded by the soldier brings profits from sponsors as well as from views (the soldier does not have approval to work or business). In addition, the recorded content is frequently erotic, which, according to the military, is in the right name of a WP soldier. I might add that the footage is recorded while on sick leave.

The "influencer" soldier does not gotta registry business activity immediately. In Polish law, there is the anticipation of carrying out alleged unincorporated activities, which allows for the legal accomplishment of income without setting up a company. However, in order to be able to benefit from it, the following conditions must be met: monthly operating income may not exceed PLN 3,499.50 per period (limit from January 2025). If influencer activity becomes organised, continuous and profitable, especially in situations of:

• regular publication of sponsored content,

• to cooperate with many brands on a repetitive basis,

• conducting an organised promotional campaign,

• if the income exceeds the monthly limit of PLN 3 499.50 (in the case of undeclared activities),

one-man economical activity should be established.

The deficiency of registration of economical activity in the event of exceeding the limit of the amount of earnings, can be considered to be a ‘black’ activity and consequence in financial penalties under general taxation rules.

However, it should be stressed that, in accordance with Article 335(1) of the Law on the Defence of Homeland, a professional soldier is not allowed to take up employment and conduct business activities.

Work in individual shall be regarded as gainful work:

1. in the employment relationship;

2. under another title, if the work is carried out for a period of more than 1 month.

The commander of a military unit in which a professional soldier holds a position of service, at the request of a professional soldier, may licence a soldier to execute gainful work or business activities if:

1) This does not interfere with the performance of the service tasks of the soldier;

2. improves his qualifications;

3. does not prejudice the prestige of a professional soldier;

(4) the economical activity or activities of the entity with which the work will be carried out does not concern the products referred to in the rules on classification of defence products and supplies, works and services intended for the procurement of military units.

On the another hand, in the case of the performance of paid work for a period of not more than 1 month, the professional soldier is obliged to communicate to the commander of the unit in which he holds a post the name of the entity where he has performed the paid work for a period of not more than 1 month, within no more than 1 period from the date on which the work started. However, this provision is subject to a condition which states that a soldier may not execute paid work for periods of little than 1 period if this would constitute a breach of 1 or more of the conditions referred to in Article 335(3)(1), (3) or (4) of the Act.

According to the analysis of the above provisions, the legislator does not identify economical activities but refers to the general concept of ‘activity’. For this reason, it should be concluded that an ‘influencer’ soldier must first apply to the commander of the unit for approval to conduct a registered or unregistered business or to carry out a gainful job.

Concerning the question of legal steps towards a soldier, it should be pointed out that already in the preamble the Defence of the Motherland Act, The legislator stressed that military service requires discipline, loyalty and sacrifice. A soldier is liable disciplinaryly for committing a disciplinary offence involving a violation of military discipline. Violation of military discipline is simply a soldier's act of acting in a good name or interest of the armed forces, of exceeding his powers or of failing to execute his duties under the laws, including orders and orders given by the superiors entitled under those provisions. A violation of military discipline in this case is the deficiency of consent to conduct business or gainful employment and:

1) conduct that is not fair with the dignity and attitude of a soldier;

2) Failure to fulfil the duties of a soldier under the laws, regulations and principles of military ethics.

In addition, if there is simply a reasonable suspicion that the material is recorded during medical release, the unit commander shall have the right to carry out a check on the correct usage of the release by the soldier. specified control shall consist in determining whether a professional soldier during a period of incapacity for service, including individual care of a kid or another associate of the family, does not usage a medical leave in a way incompatible with his intent and, in particular, whether he is engaged in gainful work. Where it is found during the inspection that a professional soldier is carrying out a gainful occupation or utilizing a medical exemption otherwise incompatible with his purpose, the inspecting officer shall draw up a protocol stating what was active in the misuse of the medical exemption. On the basis of the arrangements set out in the minutes, the unit commander shall, by decision, declare the failure of the right to pay for the full period of medical release.

Can the site of the rotational service be designated more than 20 km from the site of the battalion's permanent location, without providing the soldier with transport?

Yeah. An OT soldier summoned to execute territorial military service rotationally in an immediate manner is obliged to attend this service at a specified time and place.

Can a professional soldier declaring a business relation on 3 January be released on 31 January, the last working day of the month?

Pursuant to Article 231(2) and (3) of the Law on the Defence of Homeland, the dismissal from professional service of a professional soldier as a consequence of the termination of the professional service relation shall take place 3 months after the last day of the period of the soldier's resignation. However, this period may be shortened by written agreement of the relieved soldier and the competent authority, with the end of which it must end on the last day of the month.

It should besides be pointed out that the order of the Minister of National Defence of 20 February 2023 on the dismissal of professional soldiers from professional military service, where in § 7(4) and (5) it is indicated that the commander of the unit to which the resignation of the soldier has been received sends them immediately to the dismissal authority and to his superiors who are subordinate to that authority, unless he himself constitutes that body. These superiors may then, within 14 days, make their views known on the shortening of the period of announcement and send it to the authority entitled to be discharged from professional military service. If the opinion is not delivered within that time limit, it shall be deemed that there is no objection to taking full account of the request contained in the termination and that the opinion has been expressed silently.

It must so be concluded that in this case it is possible to exempt a soldier from professional military service on 31 January, the last day of the month.

Can an OT soldier as section chief/ platoon commander give an opinion to a professional soldier who is simply a direct superior? What if you are on sick leave during your opinion? Should another soldier be appointed to service as a full-time superior, or should a higher superior be given an opinion in accordance with the hierarchy?

Pursuant to Article 127(1) of the Law on the Defence of Homeland at the time of active military service, excluding the service performed in the event of mobilization and during the war, a soldier shall be subject to authoritative opinion by the superior. In turn, in accordance with § 3(1) of the Ordinance of the Minister of National Defence of 25 March 2024 on the opinion of service soldiers, the authoritative opinion is drawn up in individual by the direct superior of the professional soldier. This means that an OT soldier who is the direct superior of a professional soldier is entitled to give an opinion.

With respect to the question of the presence of an opinionable soldier on sick leave, it should be pointed out that, in accordance with paragraph 3(1) of the said Regulation, the authoritative opinion of professional soldiers is carried out between 15 August and 15 October. This means that the legislator has provided for a period of 2 months to do so. However, in the absence of specified a possibility, due to the expiry of the time limit for carrying out the opinion process and at the same time the absence of an opinioner, the opinion, in accordance with the abovementioned statutory provision, should be taken by the individual who serves in the post of service, who is the direct superior of the said soldier. This means that in the situation of the professional soldier in question, the individual holding the post or the individual replacing it gives an opinion.