Voluntary Release Questions

[JLFontaine]

I am a Patricia I requested a 6 month release that got declined because it is my first contract, I have a Confirmed job for Beaver Drilling LTD what are my options to figure out a way to get out or am I out of luck?

 

[GAP]

You signed a contract....live up to it.

 

[JLFontaine]

Thanks for all the help, maybe someone that would like to give me information

 

[Strike]

Thanks for all the help, maybe someone that would like to give me information

Don't expect anyone to give you anything different. Chances are slim you're going to hear what you want.

 

[Journeyman]

...maybe someone that would like to give me information

He did.  Sorry you don't like it.

 

[Michael OLeary]

This is the start of the pendulum swinging back. The Reg F infantry may still be over-strength, but it is not necessarily over-strength in soldiers in the battalions. Because of this, it sounds like we're turning back the clock to the mid-1980s when, to reduce the pace of attrition by VRs, we held soldiers to the completion of their initial contracts. Basically, we can't afford to have people releasing faster than we can train new soldiers to fill the gaps they leave.

 

[Scott]

I'd expect that Beaver will still be hiring when you finish your contract. If not then PD, Ensign, Nabors, or any of the other reams of companies will be. You might have to wait a little bit depending on the time of year but them's the breaks with contracts and all.

Can't say I feel bad for you. You're 21, loads of time to get drilling.

 

[Sf2]

The situation puts a little irony in your signature doesn't it??

 

[Scott]

The situation puts a little irony in your signature doesn't it??

Makes some of his deleted posts seem quite silly as well. How the shine rubs off in so little time...

 

[mariomike]

15.33 – RELEASE ON REQUEST –
NON-COMMISSIONED MEMBERS
http://www.admfincs.forces.gc.ca/qro-orf/vol-01/doc/chapter-chapitre-015.pdf

 

[Sig_Des]

Not much recourse. I know for our CM briefs, it's pretty predominant on the power points:

"VIE is 3-4 years. Expect to do 3-4 years"

 

[Occam]

Not much recourse. I know for our CM briefs, it's pretty predominant on the power points:

"VIE is 3-4 years. Expect to do 3-4 years"

Don't be silly.  Who in their right mind would want to leave the ACISS trade?? 

 

[Infanteer]

CF members do not sign contracts, they sign terms of service.  The distinction is important (and the legal types can correct me if I'm wrong) as terms of service are not subject to contract law.

Terms of service and releases are covered under the QR&O and amplified in CFAO 15-2.  The specific section is 39, which states "A member, except those serving under ROTP, MOTP, DOTP, or DITP, who enrols, re-enrols or transfers into the Regular Force on or after 1 Jan 82, and requests voluntary release, will not normally have that request approved, except during a period of recruit training as specified in paragraph 36 of this annex, for a period of three years commencing from the date of enrolment unless compassionate circumstances exist. Subject to the requirement to complete the initial three year period of service, a member must submit that request at least six months in advance of the preferred date of release or the commencement of terminal leave whichever is earlier. Subject to deferral for a military requirement, as prescribed in paragraph 44 of this annex, the request will normally be approved to be effective on the date requested. Should military and personal requirements be compatible, the six-month period of notice may be reduced by the approving authority at NDHQ."

So, if the member is on his initial 3 year TOS, he cannot get out except if he is still on the BTL or if he has compassionate reasons.  Otherwise, 6 months is the time required to release from a TOS unless there is deferral due to operational requirements.

 

[chowchow1]

In 12 years in the infantry, I have only ever seen one person get out of their first TOS. It was a pretty extreme case, so I wouldnt count on being released early because you found something better to do.

 

[Monsoon]

CF members do not sign contracts, they sign terms of service.  The distinction is important (and the legal types can correct me if I'm wrong) as terms of service are not subject to contract law.

...

So, if the member is on his initial 3 year TOS, he cannot get out except if he is still on the BTL or if he has compassionate reasons.  Otherwise, 6 months is the time required to release from a TOS unless there is deferral due to operational requirements.

Well, a term of service is actually just part of the contract that a member enters into upon enrolment; the contract as a whole is governed by the various regulations in force governing personnel policies. Under the common law, a contract is a very broad concept that basically covers any promise to carry out an undertaking (serve in the military for a period of time governed by the TOS and regulations in force) in return for consideration (your salary), so the circumstance would fall under contract law, although more specifically under federal administrative law.

The passage you quoted is actually quite clear that a member submitting a release request will not normally have that request approved in the absence of compassionate reasons (and I don't think "I really hate my job" is considered one  :nod. However, Subject to the requirement to complete the initial three year period of service, a member must submit that request at least six months in advance of the preferred date of release - meaning that after the initial three years, six months notice is all that's needed. So if the OP is in his fourth year of service he might have grounds for a grievance.

 

[Bruce Monkhouse]

Just so we stay on topic, Hamiltongs advice/information would not apply to OP.

From his posts,

3Basic Training / Re: BMQ Nov 2010
« on: October 27, 2010, 03:59:35 »
ill be there nov 1st cant wait!!!!!!

 

[Monsoon]

Just so we stay on topic, Hamiltongs advice/information would not apply to OP.

From his posts,

3Basic Training / Re: BMQ Nov 2010
« on: October 27, 2010, 03:59:35 »
ill be there nov 1st cant wait!!!!!!

Hope he enjoys his remaining year and a half in the army!

 

[Bruce Monkhouse]

Hope he enjoys his remaining year and a half in the army!

Badda-boom!!!

 

[Journeyman]

And hoping he doesn't spend his remaining time trash-talking the military or otherwise becoming an admin/disciplinary burden; some employers like loyalty, maturity....and a clean record on his way out.

 

[The Bread Guy]

And hoping he doesn't spend his remaining time trash-talking the military or otherwise becoming an admin/disciplinary burden; some employers like loyalty, maturity....and a clean record on his way out.

Dare to dream....