Rights of soldiers under the Homeland Defence Act - what is worth knowing?

The Homeland Defence Act of 11 March 2022 introduced a number of significant changes to the legal status of soldiers, both professional and those performing other types of military service. This comprehensive piece of legislation replaced more than a dozen previous acts, including the Act on the military service of professional soldiers and the Act on the general duty to defend the Republic of Poland. What rights do soldiers have under the new legislation?

Types of military service

In accordance with Homeland Defense Act, military service is divided into:

  • active military service,
  • reserve service.

As part of active military service stands out:

  • professional military service,
  • compulsory military service (voluntary and compulsory),
  • territorial military service,
  • service in the active reserve (during the days of that service),
  • to undertake military exercises as part of the passive reserve,
  • service in the event of a declaration of mobilisation and in time of war.

Basic military service can be:

  • voluntary,
  • mandatory - implemented only in times of war or mobilisation.

Each of these types of service has a specific responsibilities, powers and proceduresresulting from the provisions of the Act.

Social rights of soldiers

1. salary and allowances

Professional soldiers are entitled to:

  • Basic emoluments, depending on military rank and position
  • Long-service allowance (after 2 years' service)
  • Special allowance (dependent on service specification)
  • Compensation allowance
  • Other allowances depending on the nature of the service (e.g. landing allowance, aviation allowance)

2. the right to accommodation

Soldiers are entitled to:

  • Right to housing
  • Possibility of receiving housing benefit
  • If housing cannot be provided, the right to temporary accommodation or cash equivalent

3 Health protection

The law guarantees soldiers:

  • Free health services
  • Free provision of medicines during hospital treatment
  • Free preventive vaccinations
  • Therapeutic and preventive holidays after missions abroad

4 Holidays and time off

Soldiers are entitled to:

  • Annual leave (between 26 and 35 days, depending on length of service)
  • Sick leave (up to 6 months)
  • Training leave
  • Maternity, paternity and parental leave under the terms of the Labour Code
  • Special leave

Specific rights of different groups of soldiers

Soldiers of active reserve and territorial military service

  • Entitlement to remuneration for each day of appearance for duty
  • Protection of the employment relationship (the employer may not terminate the employment contract while on duty)
  • Financial compensation to the employer for employing a TSW soldier
  • Possibility of receiving funding for study or study costs

Soldiers of voluntary compulsory military service

  • Monthly salary of PLN 4560 (during basic training)
  • Opportunity for specialised vocational training
  • Priority for employment in the public administration after leaving the service
  • Preferences in recruitment for professional military service

Legal protection of soldiers

The law introduces a number of legal protection mechanisms for soldiers:

  1. Protection of the employment relationship - limiting the possibility of dismissal from the professional service
  2. Right of defence - a soldier has the right to legal assistance in disciplinary proceedings
  3. Appeal procedure - decisions concerning the service relationship may be appealed by the soldier to a higher authority and then to an administrative court
  4. Accident protection - Soldiers are entitled to compensation for accidents in connection with their service

Disciplinary liability

Soldiers are subject to disciplinary responsibility for committing a disciplinary offence. The Act specifies:

  • Catalogue of disciplinary penalties
  • Disciplinary procedure
  • Right of defence and appeal against disciplinary decisions

What to look out for?

  1. Knowledge of legislation - Knowing one's rights and responsibilities is crucial for every soldier.
  2. Documentation - it is a good idea to keep all service-related documents that may be needed when pursuing a claim.
  3. Deadlines - Most administrative decisions can be appealed, but short time limits apply (usually 14 days).
  4. Legal aid - In complex cases, it is advisable to seek the assistance of a lawyer specialising in military law.

Summary

The Homeland Defence Act has significantly reformed the legal status of soldiers, introducing a number of new rights and protection mechanisms. For the effective exercise of these rights, it is crucial to be familiar with the legislation and to be aware of your entitlements. If in doubt, it is advisable to consult a lawyer specialising in military law, who will help to assess the situation and identify the optimal legal solutions.