On February 19, 2015 a webinar devoted to labour aspects of mobilization was provided. Zoia Zamikhovska, the junior associate of Legal Alliance Company, was the speaker.
During the webinar the speaker outlined the main practical problems arising for employers and employees in connection with mobilization in the special period. In particular, the following issues were discussed and delineated: the various reasons for calling of the employee is called to military units, types of mobilization documents, the time from which the employee is considered to be mobilized.
The speaker characterized the correct formalization of absence from the workplace due to each of these grounds. Accordingly, Zoia advised, in the case of absence of instructions to the purpose of the call of an employee to a military unit, to give the act of failing of the employee and to formalize he / she as person, who was absent for unknown reasons or other reasons. In the case of absence due to the educational training or military service, the employer should formalize an employee under the code 22 (the absence due to government or public tasks), and adopt an order for releasing from work due to military training / military service.
Moreover, the categories of persons, who are exempt from calling up for military service during mobilization, were discussed by the speaker and the participants of the webinar. Despite the existence of comprehensive grounds for dismissal, the legislator formed as one of the reasons for dismissal the following: "other liable persons for military service or certain categories of citizens in accordance with the legislation." Thus such reason and categories of persons are listed in the Law "On alternative (non-military) service" and the Law "On military duty and military service." At the same time, the speaker said that the use of the grounds specified in these legal acts as grounds for exemption from calling up for military service during mobilization is debatable. So, Zamikhovska recommended using, as reason for exemption from calling up for military service, the provisions of the Law of Ukraine "On mobilization preparation and mobilization".
Special attention was paid to the issue of retention of position for persons , who were called to military trainings and military service. The lawyer said that the call of the employee to military trainings, in accordance with the provisions of Article 119 of the Labour Code and part 11, Article 29 of the Law of Ukraine "On military duty and military service", is an unconditional resin for retention of position, rank and salaries for the entire period of such trainings. However, to April 1, 2014, the call for military service was considered the reason for employer to fire an employee in accordance with Article 36 of the Labour Code of Ukraine. Nowadays, according to the current legislation, in the case of such circumstances, the employer must retention of position and rank for mobilized employee for 1 year. However, as the speaker said, according to the changes that came into force on February 8, 2015, in the case of continuing of military service in connection with concluding of a contract for military service, such guarantees are prolonged for 1 additional year.
One of the most actual labour issues, that was discussed during the webinar, was the question of payment of salaries to employees called for military service. Zamikhovska paid special attention to the fact that paragraph 3, Article 119 of the Labour Code of Ukraine stipulates that the salary of such employees is compensated from the budget in the amount of average earnings in the order established by the CMU. However, as the speaker emphasized, such procedure has not yet been developed, and therefore question about paying of such salaries by the employer and about the person who compensates for such payments are still open. However, the mechanism of payment for salaries and the duration of such payments for persons, called to military trainings, clearly stated and is obligatory for employers.
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