How does the assessment of the opinion affect the amount of the incentive allowance? Is it possible to get promoted from office? erstwhile does the territorials lose the right to pay monetary compensation for participating in a 16-day training? Experts from the Ministry of Defence explain the complexities of the provisions contained in the Law on Defence of the Motherland.
From my opinion for the years 2022 and 2023 I received a model rating. This year I was given an opinion on a very good rating. What will be the amount of the incentive allowance in specified a situation?
Motivation allowance shall be granted as a permanent allowance, determined utilizing the calculation amount multipliers, to a professional soldier:
1. having an overall assessment very good in the last authoritative opinion obtained during the period of professional military service – 0.07, i.e. 105 PLN;
2. having an overall assessment of at least very good in the last 2 successive service opinions obtained during the period of professional military service – 0,10, i.e. 150 PLN;
3. having an overall assessment modelled in the last authoritative opinion obtained during the period of professional military service – 0.17, i.e. PLN 255;
4. having an overall assessment modeled in the last 2 successive authoritative opinions obtained during the period of professional military service – 0.27, i.e. PLN 405.
The decision to grant an allowance of a permanent nature shall be issued for a limited or indefinite period, but not longer than for the duration of professional service by the soldier.
It should be mentioned that the incentive allowance is not included in the pension but constitutes a permanent allowance for a professional soldier released from professional military service.
The situation in which an earlier assessment is simply a model assessment and another evaluation of very good should be considered equivalent to having 2 consecutive assessments at least very good, so it will be a sum of PLN 150.
Should periods including periods of work under Article 79 of the employment Promotion Act and labour marketplace institutions be treated as completed full-time employment periods, including periods of work on which the acquisition of the right to a Jubilee prize depends?
The period of active military service subject to the acquisition of the right to the Jubilee Award shall include periods of active military service, including 1 period of completed first-cycle studies and 1 period of completed second-cycle studies, or 1 period of completed uniform master's or equivalent studies, but not longer than the duration of studies carried out in accordance with the programme.
If, at the same time, more than 1 employment relation remains or if it remains at the same time in the service or work relation or continuing to survey at a higher school, the period of active military service on which the right to the Jubilee prize depends shall include:
1. all completed periods of service, work or science, but that the periods that overlap are counted once;
2. only 1 of the completed periods of service, work or science, more favourable to a soldier, where those periods contain themselves.
In conclusion, Article 79 of the Act on employment Promotion and Labour marketplace Institutions does not apply to soldiers and the acquisition of the right to Jubilee Awards.
In 2008, after a brief training of military students, I received the rank of corporal and was transferred to the reserve. In October 2023 I joined the professional service. What are the terms of my retirement? Will I have 18 years of civilian service?
At the outset of the reply, the provisions of the Act on the pension provision of professional soldiers and their families, which states that a soldier appointed for the first time after 31 December 2012 shall be entitled to the professional military service or candidate service of the pension on the terms and levels laid down in Chapter 1a, more specifically in Article 18b(1). "Retirement shall be granted to a soldier exempt from professional military service who, on the date of release, holds at least 25 years of military service in the Polish Army".
If a soldier released from active service does not fulfil the conditions for acquiring the right to a military or military invalidity pension, from the wage paid to the soldier until the date of dismissal from the service from which the pension and pension contributions have not been deducted, the social safety contributions for that period provided for in the Act of 13 October 1998 on the social safety strategy shall be transferred to the Social Insurance Institution.
Can a private or sub-officer who has received a very good assessment in a 3rd year in a row from a business opinion be promoted from office in his post without a company commander's request?
There is no public promotion in the current legal state. Each time a soldier's promotion is decided upon by the commander of the military unit in which the soldier is serving (a general and a sub-officer). The application shall be submitted by service to the superior authorised to appoint a military degree.
WOT soldier employed on employment contract during 16-day training he was on vacation alternatively of free, resulting in a wage for that time of service from his employer. Is there a compensation for the failure of remuneration in this case if the amount of the day leave is higher than the statutory amount per day of service?
Pursuant to Article 305(1), the employer shall grant a staff associate appointed to execute territorial military service on a rotational basis, with the exception of a single work on or off-duty day, leave free of charge for the duration of that service. It is so unacceptable that a TSW soldier should stay on vacation during training. Pursuant to Article 312.1, OT soldiers who have carried out territorial military service rotationally, with the exception of one-time service at a time or a day off from work, shall be entitled to a cash allowance compensating for the failure of remuneration from the employment relationship, service relationship, income from their economical or agricultural activities which they could get during the period of the territorial military service rotationally. As can be seen, the legislator uses the concept of "lost remuneration". Thus, there is no legal basis for the payment of monetary compensation.
I'm a single parent who turned 4 a period ago. Is it possible to delegate me to execute tasks outside the Home Army?
Article 284(5) Laws on Defence of the Motherland points out that a professional soldier raising a kid up to 4 years of age does not delegate without his approval outside the place of professional military service. So formally, a commander after the child's age of 4 may delegate a soldier raising a kid alone outside the parent unit.
However, all time the commander of a military unit makes a decision that may take into account the household situation of the soldier. In order to do so, however, the commander should know this situation. To this end, we propose that we arrange to meet with the commander of the military unit.
Does a soldier have the right to home checks for children if he is divorced?
Yes, due to the fact that it is the soldier who points to the most favorable period from which he will be charged housing severance. In this case, the date of clearance should be indicated for calculation before the divorce. However, it should be remembered that the severance is not due to the ex - spouse.
Is not to grant leave included in the vacation plan for a given calendar year erstwhile a soldier applies for a leave of absence to be treated as a cessation of holiday? Does this thus entitle a soldier to claim reimbursement of expenses resulting from the appeal or suspension? What is the legal basis?
In the event of cancellation of a professional soldier from vacation leave or additional remainder leave which was previously planned in the vacation plan or in the event of (as in the question) the professional soldier is entitled, at his request, to reimbursement of the costs resulting from the cancellation or suspension.
However, it should be borne in head that, in accordance with § 2 of the Ordinance of the Minister of National Defence on leave of professional soldiers, a soldier must first apply for that leave.
In this case, the unit commander shall inform the professional soldier of the fact that he has been withdrawn from all or part of the remainder leave or additional remainder leave or of the cessation of remainder leave or additional remainder leave in full or in part before he is granted and shall confirm the occurrence of that condition in the form of a business note. A commander who has cancelled a professional soldier from all or part of a remainder leave or additional remainder leave or suspended him from giving that leave shall take note of that fact in his order, stating the reason and the date of cancellation or interruption of that leave.
Pursuant to Paragraph 22 of the MON Regulation of 2 March 2023 on professional soldier leave, reimbursement shall be made at the written request of the professional soldier to the commander. The reimbursement shall be calculated on the basis of evidence of the costs actually incurred by the professional soldier accompanying the application.
