What is the difference between indirect and direct participation in Operation Feniks and to whom will the peculiar allowance be paid for helping to combat the effects of floods? Is the “Hard East” to be treated as an exercise and what fees are due for carrying out tasks under this operation? Defence Ministry experts answer soldiers' questions about the service.
The professional soldier fulfilled the conditions for receiving the separation allowance in March 2024 due to the fact that he was married and utilized the boarding house. However, he did not apply to the commander of the military unit to grant this allowance until October 2024. Since erstwhile should he be granted the right to an allowance? From 1 April or 1 November 2024?
The separation allowance shall be paid at the written request of the professional soldier to the commander of the military unit from the first day of the period following that in which the soldier fulfilled the conditions laid down in Article 291(1). Laws on Defence of the Motherland. A professional soldier shall add to the application for the withdrawal allowance:
– a message of the remaining married or dependent children;
– a declaration of non-use of the entitlement to housing;
– a paper confirming the residence of household members;
– and the most crucial paper that results in the usage of collective accommodation, the allocated place in boarding home or boarding house, without the right to reside with household members, under the Act of 22 June 1995 on the accommodation of the Armed Forces of the Republic of Poland (Journal of Laws of 2010 No 206, item 1367 and 2011 No 22, item 114).
The right to an allowance for separation and reimbursement of travel expenses shall not be granted more than erstwhile a period to the place of residence of a household associate and shall be incurred again from the first day of the period following that in which the professional soldier has fulfilled the following conditions:
– is married and has a common residence address or permanent residence, or
– is not married, but has a dependent kid and a common address or permanent residence with that child.
With respect to the time limits of 1 April or 1 November, it should be mentioned that the decision is taken by the authority empowered to grant the allowance.
Are the soldiers participating in flood action will receive a 180 PLN supplement?
Work is presently underway on a draft regulation amending the regulation on professional soldiers' cash claims for transfers, resettlement and business trips. The task assumes that a soldier will be entitled to the time of a national business journey carried out to execute tasks related to direct participation in the fight against natural disasters or to destruct their effects, in search actions and in the rescue or protection of wellness and human life, or in crisis management, 400 % of the diet for each full-day performance of tasks outside the permanent place of service or residence. This means an amount of PLN 180 per day of service.
The Professional Soldiers' Time Regulation indicates that a soldier who has served on work or on public holidays or in addition to duty-free days of at least 8 hours shall be granted 1 day's free time for that day. How is this evidence of soldiers who are on work as part of the Polish Air defence System?
In accordance with Article 275(4) of the Law on the Defence of the Homeland, the standard of service referred to in paragraphs 2 and 3 shall not apply to professional officers acting as commanders of military units, as well as to professional soldiers carrying out tasks of peculiar importance to the armed forces and carrying out tasks of an extraordinary nature essential for the protection of the interests of the State, in particular: those active in preventing the effects of natural disasters or method accidents having the effect of natural disasters, and in order to remove them, serving on work and on-calls, conducting exercises and training and carrying out military service outside the State.
At the same time, it should be noted that, in accordance with § 8 of the National Defence Minister's Regulation of 18 October 2023 on the service time of professional soldiers:
– a soldier designated to service on work or on work for at least 24 hours shall be released from another duties on the day of commencement and termination of that service or on duty,
– a soldier who has been on work or on work on a public or extra duty-free day of at least 8 hours shall be granted free time of 1 day for that day,
– a soldier who has been on work or on work on a public or extra duty-free day, little than that referred to in paragraph 1, shall be granted free time on that day equal to the number of hours of service or duty.
However, it should be remembered that, in the light of paragraph 2 of the abovementioned Regulation, the terms utilized in the Regulation mean:
– on-call – a 24-hour or multi-day combat, operational, rescue or another commanding officer of a military unit;
– on-call work – on-call work in the permanent on-call strategy of soldiers in the framework of duties resulting from the post of work in the organisational units appointed for that intent and akin permanent operating and on-call services;
– on-call service – for 12 to 24 hours garrison, internal, guard, patrol, convoy and assist or operational service.
Therefore, in my assessment, the air defence strategy of the Republic of Poland is neither on-calls within the meaning of §2(1) nor on-call services within the meaning of §2(2). Consequently, paragraph 8 of the Regulation, which was referred to in the question, does not apply to indicated combat duty.
Is ‘Eastern Shieldis considered an exercise? What are the amounts owed for the implementation of the “Hard East” actions?
Tarcza East is simply a national, multi-annual deterrence and defence programme and is not considered an exercise. Its main aim is to strengthen the capabilities of the Polish Army in the field of, among others, detection, informing and tracking systems, preparation of operational bases, preparation of logistics nodes and creation of appropriate infrastructure for anti-drone systems.
The question is that the author is trying to find out whether the soldiers operating under this program are entitled to akin debts as WZZ Podlasie and WZZ Phoenix soldiers. Therefore, if soldiers are sent on a business journey to secure, for example, the performance of the tasks resulting from the Tarcza East programme itself, they will be entitled to the fees resulting from the provisions in force. The provisions of Article 445(7) to (14) of the Law on the Defence of Homeland and the provisions adopted pursuant to Article 445(15), i.e. the Decree of the Minister of National Defence of 6 July 2022 on the cash receivables of professional soldiers for the transfer, resettlement and business trips, apply accordingly.
Should a soldier released from professional military service on 30 September be given an opinion before release?
The authoritative opinion shall include 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 engaged in professional military service for at least 6 months and have not ceased to do so in the cases referred to in:
– point (11) of Article 228(1),
– Article 284(1) or Article 286 - in the absence of an absence exceeding a period of 6 months - of the Law of 11 March 2022 on the Defence of the Motherland.
Given that the authoritative opinion is carried out between 15 August and 15 October, soldiers released from 30 September are besides subject to opinion.
Are the plans for the organisation of sub-office courses already known for Reservists in 2025? So far, only papers have been published specifying specified offers training for civilians.
The author of the question will get detailed information on the sub-office courses at the Military Recruitment Centre. At the same time, we inform that the decision of the Minister of National Defence on recruitment to the sub-office schools in 2025 was issued under the number 97/MON of 20 August 2024.
What is the difference between indirect and direct participation in the fight against floods under Operation Phoenix? Was the soldier who was the driver and took the soldiers to the site 1 day and the next returned to the place of permanent dislocation (MSD) taking part straight in Operation Feniks and should receive an allowance? Is this driver only entitled to a diet due to a business trip?
With respect to the determination of the scope and nature of the tasks carried out by the soldier, it should be pointed out that the authority liable for the substance is the commander of the military unit who directs the soldier to carry out them. This is true, not legal.
On the another hand, the question of possible monetary gratification of a soldier must be reflected in the laws. According to the wording of §10(4) of the Ordinance of the Minister of National Defence of 6 July 2022 on the cash receivables of professional soldiers for the transfer, resettlement and business trips (Journal of Laws, item 1464, as amended) the soldier is entitled for the time of the national business journey a diet of a certain amount for each full day of performance of tasks outside the permanent place of service or residence.
On the another hand, a peculiar allowance (under §26(1) of the National Defence Minister's Regulation of 9 January 2023 on allowances for basic professional soldiers) – Dz.U. item 149, as amended) receive professional soldiers carrying out tasks outside the home military unit related to direct participation in the fight against natural disasters or the eradication of their effects, in search actions and in the rescue or protection of wellness and human life or in crisis management for each day of performance of these tasks.
