FAILURE TO PAY MILITARY PAYMENTS UPON DISCHARGE - LEGAL CONSULTATION
One of the main issues when a serviceman is discharged is the payment of all financial support for the time of service. In accordance with Article 242 of the Regulation on military service by citizens of Ukraine in the Armed Forces, a person who is discharged from military service must be fully provided with monetary, food and material security. However, in practice, the requirements of the law are not always followed.
Guaranteed payments to a serviceman upon discharge include:
- One-time monetary assistance (OGD);
- Compensation for unreceived tangible property;
- Material assistance for solving material and household issues for the year;
- Compensation for unused days of annual basic leave;
- Cash assistance for recovery;
- Compensation for unused days of additional leave.
However, in practice, the entire "package" of monetary compensation is rarely paid at once. Instead, military personnel are often paid a lump sum that is insufficient, incomplete, and unjustified. In addition, there are no legal acts that would regulate the procedure for payments for delayed financial support.
This allows the command of the military units to use this loophole in the legislation, ignoring the proper order and completeness of payments upon the release of servicemen.
The problem of payments upon dismissal
The problem is the insufficient number of legal acts that could fully regulate the issue of payments upon dismissal. Currently, these issues are regulated only by Chapter XXXII of the Order of the Ministry of Defense of Ukraine dated June 7, 2018 No. 260 and Clause 2 of Article 15 of the Law of Ukraine "On Social and Legal Protection of Servicemen".
Lawyer's assistance with receiving payments
A lawyer can provide assistance in the event of non-payment of settlement sums to a military person upon dismissal, assessing the situation and legal aspects, collecting evidence, negotiating with the employer, filing complaints with the relevant authorities, representing the client's interests in court, and seeking collection of owed sums through legal mechanisms, thereby ensuring the protection of the rights of the military.
Questions - answers
Questions
What rights does a military man have to settlement amounts upon dismissal?
Answer
A military person has the right to receive settlement amounts, which include salary for the period of service, compensation for unused vacation and other monetary payments in accordance with the contract and legislation.
Questions
What to do if settlement amounts have not been paid?
Answer
The first step is to contact the commander of the military unit or the person responsible for financial matters. If the problem is not solved, you should contact the military prosecutor's office or supervisory authorities. If necessary, you can file a lawsuit in court.
Questions
What documents need to be collected to prove non-payment?
Answer
It is necessary to collect documents, such as a contract, dismissal order, payment documents, account statements, letters and other confirmations that confirm the right to receive benefits and the fact that they have not been paid.
How to choose a lawyer to receive settlements upon military discharge
Here are some key steps to choosing a military discharge settlement attorney:
- Specialization: Choose a lawyer who specializes in military law or labor law. Such a specialist has experience in cases related to military contracts and settlement payments.
- Experience and reputation: Check the lawyer's experience in solving similar cases. Read customer reviews, recommendations and successful cases to evaluate its reputation and effectiveness.
- Consultation: During the initial consultation, discuss the specifics of your case to understand whether the lawyer has sufficient experience in such matters. Pay attention to how the lawyer plans to solve your case.
- Communication: Choose an attorney who is easy to communicate with. He should clearly explain the legal issues, be available for questions and keep you regularly updated on the progress of the case.
- Prices and payment terms: Find out how the lawyer sets his fee. Some lawyers work on a flat rate, others on an hourly rate. Find out if there is a possibility of a free consultation or a preliminary estimate of the cost of services.
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Dismissal of a serviceman must be accompanied by full payment of all due amounts, in accordance with the law. In practice, delays or incomplete payments often occur due to insufficient regulation of this issue. A lawyer can help solve the problem by assessing the situation, gathering evidence, negotiating and representing interests in court. When choosing a lawyer, pay attention to specialization, experience and reputation.
