A New Wave of Mobilization: Procedure for an Enterprise

On January 20, 2015, the Law of Ukraine № 113-VIII of January 15, 2015 came into force which approved the Decree of the President of Ukraine "On the partial mobilization".

Therefore we suggest the procedure for companies in the recruitment of employees for military service and military training:

1. organizing and conducting the personal account of conscripts and reservists employees. The requirements and the procedures are established by the Law of Ukraine № 2232-XII of March 25, 1992 "On Military Duty and Military Service", the Position of military service records and recruits approved by the Cabinet of Ministers of Ukraine on June 9, 1994 № 377 , the Regulations on the organization of military conscripts and reservists accounting in local government, enterprises, institutions, organizations and educational institutions approved by the Minister of Defense of Ukraine of December 15, 2010 № 660. When hiring an employee a company shall obtain documents for the conduct of military records;
2. maintenance of a register of employees who are subject to military conscription and military training, and maintenance of a register of employees who are not subject to conscription and military training;
3. identification of the opportunities to book certain employees and to take the appropriate actions hereon (the Regulations for military service booking for enterprises, institutions and organizations for the period of mobilization and wartime, the Annex to the Order of the Minister of Defense of Ukraine of October 15, 1996 № 290);
4. elaboration of instructions which define the procedure in the case of obtaining a draft notice by an employee (for a company and an employee) in order to executing the proper documents and devolving obligations, cases and values;
5. receiving a draft notice from an employee. Executing the proper documents connected with the absence of a mobilized employee and payment of appropriate benefits to an employee;
6. maintenance of a register of the mobilized employees;
7. upon completion of military service or military training, receiving from a mobilized employee a military card, where the purpose and terms of the call are specified. Executing the proper documents connected with returning of an employee to his job duties.

Currently the effective legislation of Ukraine does not regulate the taxation issues of an average salary that is paid to mobilized employees and the order of the compensation to a company of the expenses relating to the payment of an average salary to mobilized employees from the State Budget of Ukraine.

For any questions concerning this press-release, as well as for free consultations on this matter, please contact Illya Kostin, the partner of Legal Alliance Company (kostin@l-a.com.ua).