How long does it take to advance to the next rank of the officer of the active reserve? Does the SERE teacher who takes part in the classes gain the right to overtime? And does driving under the influence of alcohol always consequence in expulsion from service? Experts from the Ministry of Defence explain how to interpret the provisions of the Law on Defence of the Motherland.
How long after the appointment can a sergeant be promoted active reserve?
A soldier of the active reserve may be appointed to the next military rank in the corps of officers if, during the period from his appointment to the AR in the event of the appointment of a elder corporal (older mate) or since his last appointment in the case of appointment to another military degrees in the corps of officers, he has served together in the active reserve at least 30 days of that service.
The police brought criminal proceedings against me due to the fact that I was driving an intoxicated vehicle after duty. The commander found out about this and announced that he would fire me. Can he do that if my act has nothing to do with the service?
Driving under the flow of alcohol is an offence where the blood alcohol level is between 0.2 and 0.5-promila, exceeding 0.5-promila is simply a crime. The punishment that we can bear for the abovementioned act is, among another things, a fine determined individually by the court or a regulation or imprisonment. The kind of punishment depends on the following conditions: how advanced the blood alcohol level was, whether the driver had already been punished before, and whether the incidental in which the soldier participated was an accident, a collision or a regular sobriety control of drivers. A soldier of professional military service, who committed the aforementioned criminal code act, will besides bear work under the Law on Defence of the Homeland. The soldier driving the vehicle under the flow of alcohol will besides violate the good name of the soldier and the good name of the Armed Forces of Poland (point 27 of the General Regulations of the Polish Army). It should be noted that the aforementioned conduct in accordance with Article 353(2)(1) of the Law on the Defence of the Land belongs to a category of disciplinary violations, as it is simply a behaviour which is not fair with the dignity and attitude of a soldier. Thus, the soldier who drove the vehicle, erstwhile under the influence of alcohol, can respond disciplinaryly. Disciplinary work is not the only consequence a soldier can bear. W Home defence Act there are optional conditions as well as mandatory dismissal from professional military service. In this case, the following optional conditions may be considered:
1. sentenced by a final conviction to imprisonment or military detention with conditional suspension of enforcement of that sentence;
2. conviction by a final judgement to a regulation of liberty or imprisonment or a military detention conviction with conditional suspension of its execution;
3. conduct that violates the dignity or honour of a soldier or who does not respect the seriousness of the service and which reconciles with the good name or interest of the Armed Forces;
4. to commit an act with the characteristics of a criminal offence or a taxation offence, if the act is manifest and does not prevent you from remaining in service. A mandatory condition may, in turn, be to conviction a court of law to imprisonment or military detention without conditional suspension of its execution. Accordingly, depending on the circumstantial circumstances of the case, driving by a professional soldier under the influence of alcohol or another narcotics, even if the event occurred outside the service hours, may consequence in dismissal from professional military service.
Who in the company (or equally) may be held liable for all the property of the division. If there is no method and a boss on the staff, can the duties associated with this be added to any position, e.g. driver?
The assignment of property shall take place on an order given by the superior superior. In accordance with the rules, soldiers may be assigned the following property together with the work to return or calculate:
1) items of military uniforming and disposing,
2) military weapons and equipment and equipment for general use,
3. stocks of materials and goods stored in retention and another closed spaces,
4) cash and value,
5. another property which is essential for the performance of their duties by the soldiers.
With respect to adding duties to the position, there is no legal basis for specified action. It would so be appropriate to consider entrusting the soldier with temporary duties in connection with the vacant position of the chief or the method of the division.
I went back to my place of residence after a year's physical fitness exam. While driving, I had a heart attack. Can this event be viewed as a substance of service?
An accident should be understood as an emergency caused by an external origin of injury or death. It must be in connection with the carrying out of an active military service (with the exception of a territorial military service which is available) and must take place: on the road to/from the place of service, on the way from the place of residence to and from the unit, either on the way for leave or leave and back. At the same time, it should be noted that the ‘road’ should be understood as the shortest and continuous route. Importantly, it is not considered to interrupt the way of a situation where the interruption was life-related and did not exceed the limit of need. The road, even if not the shortest, may besides be accepted if it was most convenient for communication reasons.
Nevertheless, it should be stressed that this Head of Central Military Recruitment Centre determines whether the incidental to which the soldier has succumbed is an accident within the meaning of Article 508 of the Law on the Defence of the Land and whether the circumstances laid down in Article 513 of that Law are not taking place.
Are you an teacher in class? SERE, am I entitled to overtime?
No, due to the fact that Article 275(4) of the Homeland Defence Act does not apply to professional officers. These are soldiers who: execute the duties of unit commanders, execute tasks of peculiar importance to the armed forces and tasks of an extraordinary nature essential to defend the interests of the state, for example, contribute to preventing or removing the effects of natural disasters or method disasters, and execute work and duty, exercise and training, and execute military service outside the state.
In the context of the question, attention should be paid to the definition of the word "do". According to the dictionary of Polish PWN, this word means participation in any activity or process that lasts for a certain time. In adopting specified an explanation of the rules, it should be assumed that all those active in the training, regardless of their status, are involved: those who train and those who are trained as well as soldiers who prepare training.
Therefore,SERE teacher does not get the right until over-normative time.
As an worker of the Ministry of Defence as part of a free leave, I participated in an integrated training. The second day of practice, I had a broken finger. The infirmary issued a medical release that even exceeded the training deadline. In that case, I have no drafts from the WOT or the MON. Is there any way out of this?
Article 484(2) of the Law on the Defence of the Motherland states that, in the absence of an OT soldier in the service of a rotatively caused disease, the soldier is not entitled to pay.
However, it should be stressed that free leave is granted for a fixed intent and for a period of time closely linked to the activities. Discontinuation of them means that there is no longer a condition for granting this leave. The discharge from service due to a medical-exempt illness so results in the automatic termination of leave free of charge. Therefore, an OT soldier should inform his employer of his dismissal due to illness from the service and present his employer with a medical release. The employer then assumes all the responsibilities associated with this, including the payment of sickness benefit.
