Mobilization in Ukraine: what to do if the agenda "found" you at work

Question about serving summons to military servicemen continues to be a top topic for Ukrainians, especially since mobilization in the country will continue until at least November 21. We have already talked about the fact that a summons can be served not only on the street, but also in the most unexpected places, as well as that how legal is it to serve subpoenas outside the Territorial Centers recruitment and social support.

But, Ukrainians liable for military service also receive an "invitation" to the draft board in more trivial places, such as, for example, at the place of residence, or at the place of work. Let's take a closer look at the last one.

The employer is obliged to coordinate with the military registration and enlistment offices

The employer has clear obligations not only to notify, but also to control the appearance of an employee in the military registration and enlistment office. Moreover, the procedure for its actions and coordination with the Territorial recruitment centers are prescribed and regulated by law. Thus, the employer is the primary link that ensures the collection and provision of information to the military registration and enlistment offices.

"The main message of the law is that military registration at an enterprise is a system of actions that is associated with the need to collect, process and accumulate information about persons liable for military service and exchange data with government agencies. This is the primary link that ensures the collection of information, its provision to territorial recruitment and social support centers, — explains  Lawyer "KPD Consulting" Kirill Kazak, speaking at the "URE Club - Labor Relations in Time of War".

The manager controls the attendance of the employee in the TCC

The employer, having received a summons, must issue an order notifying those liable for military service of the need to appear at the Territorial Center for Recruitment and Social Support, bring this order to the attention of employees and ensure their arrival at the military registration and enlistment office.

"The head of the enterprise is obliged to control the arrival of a person liable for military service at the TCC. In case of non-appearance, he must inform the military registration and enlistment office that his employee did not appear at the appointed time", says the lawyer.

Algorithm of actions:

• issue an order to notify conscripts and those liable for military service about their summons to the TCC and the joint venture,
• bring the order to the notice of conscripts in terms of ensuring their arrival on a call to the TCC and the joint venture,
• send a copy of the order to the TCC and the Joint Venture within three days,
• control the results of the notification and the arrival of conscripts and those liable for military service of the TCC and SP.

If the employee refuses to sign the order, the employer draws up, in the presence of three people, an appropriate act of refusal to sign the commission order and sends it to the TCC.

When an employer may not serve a summons

• It is possible that the employee is absent for a good reason, for example, he is on sick leave.
• Non-delivery of the summons due to the dismissal of the employee. Then the employer must contact the military registration and enlistment office and explain that for this reason he cannot hand over the document.

Responsibilities of the head of the enterprise for maintaining military records:

• ensuring the fulfillment of military obligations by citizens of Ukraine,
• maintaining personal records of conscripts and persons liable for military service,
• ensuring the timely arrival of citizens to the recruiting stations at the request of the TCC and the joint venture,
• notification within 7 days of the TCC and the joint venture about the hiring and dismissal of conscripts and conscripts,
• checking with citizens when hiring the presence of military registration documents,
• notification, at the request of the TCC and the joint venture, of those liable for military service and conscripts about their call and ensuring their timely arrival on this call,
• compilation and no later than December 1 of the current year, submission to the TCC and the joint venture of lists of citizens subject to registration in recruiting stations,
• ensuring the completeness, truthfulness and quality of registration of all persons liable for military service and conscripts,
• maintaining constant interaction with the relevant TCCs and joint ventures,
• organization of periodic reconciliation of personal cards, lists of persons liable for military service, lists of conscripts with entries in military cards and certificates of registration to recruiting stations,
• making, within 5 days, changes in the personal cards of employees regarding marital status, place of residence, education, place of work and position of those liable for military service and conscripts,
• acceptance under signature from persons liable for military service and conscripts of their military registration documents for submission to the TCC and the joint venture
• timely registration of the reservation of persons liable for military service for enterprises, institutions and organizations for the period of mobilization and wartime,
• explanatory work,
• notification of persons liable for military service and conscripts who have violated the requirements of the legislation on military duty and military service,
• keeping a log of checks on the state of registration of persons liable for military service and conscripts.

What is guaranteed to mobilized workers

Previously, the mobilized employees were guaranteed the preservation of their place of work and average earnings, and after the signing of the Law of Ukraine “On Amendments to Certain Laws of Ukraine on the Optimization of Labor Relations”, only the place of work is retained.

The basis for retaining a job is the fact of conscription or admission of an employee to military service under a contract, which is confirmed by the relevant certificates provided to the owner or an authorized body by him, extracts from orders, summonses, orders, extracts from orders for inclusion in the personnel of a military unit, etc. . special period until its end or until the day of actual dismissal.

We previously told What to Look for When You Are Handed a Summons, including in a public place, as well as the fact that the deputies developed a bill, who are invited to call for service in the army with disabilitiesbut under certain conditions.

We also explained how to get a deferment from the army for family reasons, and about with what diseases they will not be accepted to serve.

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