With the introduction of martial law on the territory of Ukraine and the announcement of general mobilization, many workers and their employers were faced with the fact of being called up for military service. How should the employee and the employer act in the given situation, what is the procedure for dismissal from work during mobilization and what guarantees are preserved for the employee, we will tell below.
HOW TO CONFIRM THE FACT OF THE AWARD TO THE EMPLOYER?
As you know, recruitment is carried out by territorial recruitment and social support centers by serving a summons. It’s simple, the summons will be a document confirming the fact of the employee’s recruitment. The original summons must be presented to the employer.
In addition, it should not be forgotten that the territorial recruitment and social support centers must also notify in writing about the conscription of conscripts to the enterprise where they worked before the moment of conscription.
HOW TO DOCUMENT DISMISSAL FROM WORK DURING MOBILIZATION?
After the employee presented the summons at the place of work, the employer must issue an order for dismissal during the draft.
The order on dismissal from work for the duration of the draft states:
- Employee’s name and position;
- the date from which the employee is released (coincides with the date of enlistment);
- the reason for dismissal from work (the reason for dismissal from work during the draft is a subpoena);
- a statement that the employee retains the place of work and the position he held at the time of enlistment.
It is not necessary to make any entries in the employee’s work book related to his release or conscription.
The employee’s absence must be reflected in the time sheet of work usage by entering the letter code “IN” (other unworked time provided for by law) or the digital code: “22”.
WHAT ARE THE GUARANTEES FOR THE ENLISTED WORKERS?
Employees conscripted for military service are guaranteed to retain their place of work and the position they held at the time of conscription. Moreover, these guarantees are valid until the completion of the treatment of workers injured during hostilities, until the return of workers from captivity.
The release of an employee from work during military service involves payment from the State Budget of Ukraine in accordance with the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families”.
Previously, the average salary was also kept for the employees who were called up, but this guarantee was recently canceled with the entry into force of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Optimizing Labor Relations” on July 19, 2022.
WHAT IS THE RESPONSIBILITY FOR VIOLATION OF THE GUARANTEES OF AN EMPLOYEE CALLED UP FOR MILITARY SERVICE?
For violation of the guarantees of an employee conscripted for military service, the employer shall bear administrative responsibility, provided for in part of Art. 41 of the Code of Criminal Procedure in the form of a fine in the amount of 50 to 100 tax-free minimum incomes of citizens (from 850 to 1,700 hryvnias).
Do you have any questions about the draft or dismissal of employees during mobilization? Lawyers of Bachynskyi and Partners JSC will be happy to advise you on this matter.
You may like