Is a professional soldier who has not been in professional military service until 15 August for at least six months subject to authoritative opinion? What conditions must a photograph in the individual file file meet? What does the de facto word “out of order” mean for the usage of military medical facilities? MON experts explain.
Can a professional soldier work on a investigation and defence task at a military college?
A soldier is not an worker of this university, and his work is expected to take little than a month. delight clarify Article 335.
Home defence Act in Article 335, it specifies that a professional soldier must not take up paid employment and prosecute business activity on the basis of another title if the work is carried out for more than 1 month.
In this question, the author states that he will not work for more than 1 month. If, in addition, it meets the following criteria and its work:
(a) shall not interfere with the performance of the service tasks of the soldier,
(b) improve his qualifications,
(c) does not violate the prestige of a professional soldier,
and the economical activity or activity 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 order of military units, that will not prevent the author from taking up the work referred to in the question.
Can an active reserve soldier take military assets (e.g. ICT equipment) into account and be financially liable for them? Are there rules that forbid specified practice?
Yes, an active reserve soldier can be assigned property on a condition akin to that of professional soldiers. This is governed by the MON Regulation of 12 October 2023 on the entrustment of property to soldiers, including 2 and 3. The entrustment of property to soldiers and his/her conviction (return) shall be followed by a receipt specifying in peculiar the type, quantity, position (category) and, where necessary, the individual characteristics of the property entrusted to the soldier. The soldier entrusted with the property shall return it in time and in good condition either account for the usage or issue of the property.
The financial work for the property entrusted is governed by the provisions of the Law on the Defence of the Motherland. Pursuant to Article 493, a soldier who, as a consequence of failure or misexecution of his duties, has done harm to the property referred to in Article 191 shall be liable for property within the limits of the actual failure and only for the average consequences of the action or omission resulting from the damage.
What are the guidelines for the photograph for the personnel files of the soldier? What dimension should a photograph have, how will a soldier be set, and in what uniform must he be photographed?
This issue is regulated by the decree of the Minister of National Defence of 25 March 2024 concerning the keeping of military records. The personnel file folder contains a photograph without headgear, in the output uniform, with a visible current military degree, on a uniform bright background, measuring 6 × 9 cm. If no exit uniform is issued to a professional soldier, a photograph in a field uniform shall be inserted.
The professional soldier shall supply the photograph to the body conducting the personnel file no later than 14 days after the date of appointment for the military degree or appointment for the professional military service. These photographs shall be left in the folder with the personnel files in the envelope for that purpose.
To retire, do I gotta do the time I've been given as days off for honorary blood donation? For example, if I have been on leave for 40 days as an honorary blood donor during 15 years of service, do I now gotta service 40 days longer? What provisions govern this issue?
In this situation, there is no reason for a soldier to service 40 days longer.
The Law on the Defence of the Homeland in Article 276(1), point 1, specifies that the medical release covers the period during which a professional soldier is released from the service due to the donation of blood or its components in the public blood service organisational units or due to the periodic medical examination of blood donors.
To whom should a WOT Petty Officer apply for dismissal from professional military service?
The authorities competent for dismissal from professional military service shall be the authorities competent for appointment. Personnel orders to be appointed to professional military service shall so issue, in respect of work posts:
1. with the rank of full-time colonel (commandora) and generals (admirals) – Minister of National Defence;
2. in the corps of officers, with full-time degrees not mentioned in point 1, and in the corps of sub-commissioners and serials in military units not mentioned in points 3 and 4, the head of the organisational unit liable for staff matters;
3. in the corps of sub-commissioners and Privates – Head of the General Staff of the Polish Army, Commander of the Types of Armed Forces, Commander of the Army, Chief of the Military Gendarmery and Commander of the Garrison of Warsaw and Head of the Armed Forces Support Inspectorate in subordinate military units;
4. in the Private Corps – Commander of a military unit holding a service post graded to a full-time degree at least a colonel (commander), in subordinate military units.
Do professional soldiers have precedence admissions in military medical facilities? I besides ask for information on the steps to be taken to enforce the right.
Professional soldiers have the right to benefit outside the order of wellness care services within the meaning of the provisions of the Act of 27 August 2004 on wellness care services financed by public funds, provided in medical entities for which the entity is the national defence minister, who besides supervises them. This right does not affect the rights of another recipients who have the right to benefit outside the order of the wellness care benefits resulting from the provisions of that law (Article 287 of the Law on the Defence of Homeland).
A paper authorising the exercise of the right to wellness care in order shall be a service card stating the professional military service issued by the competent authority.
The phrase ‘out-of-order’ does not mean that a soldier applying to a clinic where a large number of patients are expected will be admitted outside the order. The intention of the legislator was that in military medical facilities a soldier would have faster access to various treatments, e.g. treatment of the nasal septum within the NFZ-et. In practice, the average waiting time for specified a procedure is 2 years, in the case of eligible soldiers, for example a month. As regards the enforcement of the right, it must first be determined whether the questioner understood the phrase ‘out of order’. In practice, it may turn out that a medical institution does not violate the law.
Since 15 August 2023, I have been on sick leave for more than six months. Nevertheless, I was given an opinion by my superior. Is this opinion binding and lawful? What are the possibilities of appeal in this situation?
Service opinion of soldiers is regulated by Article 127 of the Law on Defence of the Motherland and by the Decree of the Minister of National Defence of 25 March 2024 on the opinion of service soldiers. In accordance with the above-mentioned provisions, the authoritative opinion, in the case of a professional soldier, shall be carried out annually, between 15 August and 15 October.
The opinion shall include those professional soldiers who, from the date of the last authoritative opinion or appointment to carry out professional military service until 15 August of the year in question, have been in professional military service for at least six months and have not ceased to execute it in the cases referred to in:
1. point (11) of Article 228(1),
2. Article 284(1) or Article 286, in the absence of an absence exceeding a period of six months, of the Law of 11 March 2022 on the Defence of the Motherland, hereinafter referred to as the ‘Law’.
Those exemptions shall mean that a professional soldier who has not carried out professional military service until 15 August for a period of at least six months shall not be subject to authoritative opinion. It should be stressed that the provisions of the Act of 14 June 1960 – Code of Administrative Procedure – do not apply to authoritative opinion. A soldier is entitled to an appeal from his authoritative opinion to a superior superior. The authoritative opinion issued as a consequence of the appeal shall be final unless the soldier has obtained an overall assessment inadequate. In that case, he may request the commander of the military unit to verify that opinion.
At the same time, in accordance with Article 127(13) of the Home defence Act, the commander of a military unit may, either on his own initiative or at the command of a superior superior officer, revoke or amend any authoritative opinion if:
1. the circumstances affecting this opinion will be brought to light in the course of the opinion and the unknown in the opinion;
2. there was no legal basis for a business opinion;
3) The authoritative opinion contains apparent errors or mistakes.
The decision taken as a consequence of the above procedure shall besides be appealed.
All possibilities of appeal which may be available to the individual afraid in accordance with the provisions of the Act have been presented above.
