You have doubts about military regulations – the experts of the Ministry of Defence explain legal intricacies. Even the somewhat different ones. This time, soldiers asked about, among others, the costs of repairing a damaged service vehicle or the right to parental leave, but besides about wrinkled beret on a "reinka" or the rules of wearing a string leading the section.
What is the question of the cost of driving a territorial military service soldier to the planned rotational training to a location 20 km from the military unit? Who bears the cost of driving a soldier to the designated place?
The territorial military service of an OT soldier shall be carried out rotationally in a military unit or another place determined by the commander of the unit in the days of service specified by that commander, at least erstwhile a period for a period of 2 days free of work. On the remaining days, the OT soldier is on the duty.
In accordance with Article 319 Laws on Defence of the Motherland OT soldiers residing outside of the place of work shall be entitled to reimbursement of travel expenses from their place of residence to and from their place of service.
Reimbursement of travel expenses shall be made by the unit commander on the basis of a documented message or in the form of a cash equivalent payment. The reimbursement of travel costs shall not, in turn, be granted in the event of free travel or erstwhile the journey takes place within the limits of the place where the military service is carried out.
The soldier received a ruling from the Central Military Medical Commission on full incapacity for professional military service, but this ruling was received by the unit after 2 weeks. At the time, the soldier was on vacation. Was this leave of absence in fact in connection with the content of the ruling?
Yeah, vacation actually happened. In the time between the ruling and sending him to a military unit, the soldier was on duty. It should be remembered that erstwhile the military medical commission establishes incapacity for service, the commander of the military unit in which the professional soldier is serving shall state that the soldier has been released from professional military service by a personnel order issued for registration purposes.
While driving a business vehicle, a soldier caused a collision. He was sober, there were no victims, the police gave him instructions. Can a soldier be charged for repairing a service vehicle?
A soldier may be held liable for harm to military property, including material damage, regardless of the action taken by the police. The instruction that a soldier has received from the police concerns violations of traffic regulations and is of an order nature.
On the another hand, harm to military property remains a separate issue. The rules on the liability of the soldier and the determination of its amount shall be governed by the applicable provisions. This is the Defence of Homeland Act (Chapter XV) and the MON Regulation: dated 12 October 2023 on the entrustment of property to soldiers, dated 13 October 2023 on the mode of concluding adjournment contracts, the instalment or remission of compensation for harm to military property, and of 16 October 2023 on the declaration of harm to military property and the determination of its amount. Pursuant to point 1 of paragraph 2 of the second document, the commander of the establishment unit supplying the property and having the powers of the authorising officer of the budget, after having been informed of an event with a material damage, shall immediately take steps to find whether there is simply a condition for the soldier's liability. In the course of the proceedings, that commander shall take steps to clarify all the circumstances justifying the soldier's property liability or deficiency of specified responsibility.
Could the commander of a military unit not agree to the word of parental leave (nine weeks for his father) for a professional soldier, due to the planned crucial polygon exercises?
Article 1821d(1) of the Labour Code, which states that ‘parent leave shall be granted on application in paper or electronic form by the worker, the parent of the kid within no little than 21 days before the start of the leave. The application shall be accompanied by the papers specified in the provisions issued pursuant to Article 1868a. The employer is obliged to take account of the employee’s request.’
After changing military units, can you inactive wear a line on the uniform distinguishing soldiers leading the section?
The discrimination of a sub-division, a military branch or a military institution shall be awarded for achievements in the erstwhile calendar year, consisting of the best performance in the service. The honorary title shall be given erstwhile a year, for a period of 1 year from the date of the decision on the case. Therefore, in the event of a change of military unit, the soldier is not entitled to wear a distinctive cord from the erstwhile unit.
What is the procedure for dealing with soldiers? voluntary essential military service, who, erstwhile taking a position in specialist training, will receive a negative decision from a doctor of occupational medicine? Should specified a soldier be released from service or sent to the military medical commission?
Pursuant to Article 125(1) of the Law on the Defence of Homeland to regulation on military service capacity in the course of its performance, military medical commissions shall be competent. The decision of a doctor of occupational medicine cannot so be the basis for dismissal. The commander of the unit may, on the another hand, mention the soldier to the military medical commission liable for the location of the station of the unit or sub-chapter for the intent of deciding on the military service capacity (Article 125(3) of the Law on Defence of the Homeland). It should be noted that the commander shall, in addition, send his/her medical records on the wellness condition of the mark individual (including the negative judgement of occupational medicine). In accordance with the Ordinance of the Minister of National Defence of 18 May 2022 on the voluntary essential wax service (§ 18(1)), the commander of the unit relieves the soldier of voluntary essential military service: from the date of the approval of the military medical commission's judgement determining the inability to carry out active service or from the date on which the decision on which the exemption from voluntary essential service has become final, or from the date of the circumstances on which the exemption is based, to the date on which the release from that service is based.
Can you make wrinkles on a beret, or alleged "reinka"?
Models of berets utilized in the Polish Army have been defined and are made on the basis of Military method and Technological Documentation for Serial Production (WDTT). The records do not supply for the introduction of ‘wrinkles’ on the finished product. Models and manner of wearing uniforms, including sets to which berets are utilized in the composition of field uniforms, exercise uniforms, output uniforms, are presented in the Ordinance of the Minister of National Defence of 20 May 2022 on the wearing of uniforms by soldiers (Journal of 2022, item 1237 as amended). The above-mentioned government and its graphics of beret-using silhouettes do not in any case depict a beret ‘carryed or wrinkled on a shark or rooster’. In view of the above, in view of the provisions in force in the Ministry of Defence of the National Documentation of WDTT and the abovementioned Regulation, it is unacceptable to deform the beret.
