Mobilization and martial law: can an employer book an employee now

22 August 2022, 15:50 | Ukraine 
фото с Зеркало недели

General mobilization and martial law introduced in Ukraine due to the military invasion of the Russian Federation. So, even during this period, employees of certain bodies, enterprises, organizations, institutions liable for military service can continue to perform their official duties if they are booked, postponing military service during mobilization for six months. This is stated on the website of the KSCA.

Which workers can be booked.

Persons liable for military service working in state authorities, other state bodies, local governments and at enterprises, institutions and organizations that have mobilization tasks are subject to reservation, however, if it is necessary to ensure the functioning of these bodies, they are not subject to employment in the military.

The procedure for booking workers: how it works.

The procedure for booking persons liable for military service for state authorities, other state bodies, as well as enterprises, institutions, organizations that meet the needs of the Armed Forces, other military formations, the population is carried out in the manner determined by Resolution No. 194 of the Cabinet of Ministers of Ukraine dated 03. 03. 2022 " 03. 2022 No. 218).

It is reported that this resolution applies to authorized banks that are involved in work (transactions) in a special period (regulated by the National Bank of Ukraine).

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Which workers are not bookable during martial law.

According to the decision of the Commander-in-Chief of the Armed Forces of Ukraine, General Valery Zaluzhny, it is forbidden to book the persons liable for military service with military registration specialties:.

privates, sergeants and senior officers;

officers by groups of military registration specialties (VUS).

How booking conditions and their volume are calculated.

Booking volumes for those liable for military service are determined taking into account the need to ensure the functioning of these bodies under martial law. It is noted that the volume of reservations for military servicemen working at enterprises, in institutions and organizations, are determined taking into account the mobilization tasks established for them..

How to apply for an employee reservation.

Heads of enterprises, institutions and organizations submit proposals on the need to book military servicemen to district state administrations, substantiating in a cover letter the need to provide a deferment to employees to perform tasks to meet the needs of the Armed Forces of Ukraine, other formations and the population in martial law.

After that, administrations (district or state) send elaborated proposals to the Ministry of Defense of Ukraine for approval.. It is noted that only after the approval of the Ministry of Defense they are sent to the regional administrations for further direction to the Ministry of Economy..

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When is the waiver of conscription canceled?.

Cancellation occurs in the following cases:.

expiration date;

completion or cancellation of a task for an enterprise, institution, organization to meet the needs of the Armed Forces, other military formations, and the population;

liquidation of a state authority, other state body, company, institution, organization;

dismissal of a person liable for military service from a public authority, enterprise, institution, organization.

Recall that in Ukraine the number of cases decreased due to draft evasion. So, in June 2022, the number of criminal cases opened due to draft evasion decreased to four cases..

Источник: Зеркало недели