General mobilization: does the employer have the right to demand military registration documents

27 January 2023, 09:03 | Ukraine
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In 2023, new rules for military registration in Ukraine were approved. The Cabinet of Ministers published the text of Decree No. 1487, which approved the Procedure for organizing and maintaining military records of conscripts, conscripts and reservists.

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Lawyer Bogdan Peresada explained whether employers can require military registration documents from new employees and those who have already worked for them before.

He recalled that in accordance with the new Procedure, employers have certain responsibilities.. So, according to paragraph 34, in order to maintain personal military records, state bodies, local governments, enterprises, institutions and organizations carry out:.

checking with citizens of Ukraine when hiring (training) the presence of a military registration document or reflecting in electronic form the information contained in such documents that can be presented (provided) using the mobile application of the Diya Portal. Employment (training), personal military registration of conscripts, persons liable for military service and reservists is carried out only after they are registered in the district (city) territorial recruitment and social support centers, SBU bodies, units of the Foreign Intelligence Service;

bringing to conscripts, persons liable for military service and reservists the rules of military registration under a personal signature when hiring (training);

sending, within seven days from the date of issuance of an order on hiring (training), dismissal from work, completion of training (deductions from an educational institution) to the relevant district (city) territorial recruitment and social support centers, SBU bodies, units of the Foreign Intelligence Service of messages about;

alerting, at the request of district (city) territorial centers of recruitment and social support, SBU bodies, units of the Foreign Intelligence Service of conscripts, persons liable for military service and reservists about their call to the corresponding district (city) territorial centers of recruitment and social support, bodies of the SBU, units of the Foreign Intelligence Service and;

submission to the relevant district (city) territorial centers of recruitment and social support, SBU bodies, units of the Foreign Intelligence Service, at their request, information about conscripts, those liable for military service and reservists, whose personal military records they keep;

carrying out appropriate explanatory work among conscripts, conscripts and reservists on the implementation of the rules of military registration;

ensuring the completeness and reliability of credentials entered into the lists of personal military records;

interaction with the relevant district (city) territorial recruitment and social support centers, SBU bodies, units of the Foreign Intelligence Service regarding the timing and methods of reconciling these lists of personal military registration, making appropriate changes to them, as well as alerting conscripts, those liable for military service and reservists;

periodic reconciliation of lists of personal military records with entries in their military records. At least once a year, the data of the lists of personal military records are verified with the records of the relevant district (city) territorial recruitment and social support centers, SBU bodies, units of the Foreign Intelligence Service in which they are on military records;

introduction within five days from the date of submission of the relevant documents (or reflection in electronic form of information contained in such documents that can be presented (provided) using the Diya Portal mobile application) changes to the lists of personal military registration by last name, first name and patronymic (if any;

compiling and submitting annually by December 1 to the relevant district (city) territorial centers for recruiting and social support lists of citizens subject to registration in conscription stations;

acceptance from conscripts, persons liable for military service and reservists against receipt in the forms of receipts of their military records for submission of such documents to the relevant district (city) territorial recruitment and social support centers, SBU bodies, units of the Foreign Intelligence Service in order to verify them with credentials, and;

execution of documents necessary for booking persons liable for military service for the period of mobilization and wartime;

constant control over the execution by officials of state bodies, local governments, enterprises, institutions and organizations of the requirements of this Procedure, and by conscripts, conscripts and reservists - the rules of military registration;

constant informing the relevant district (city) territorial recruitment and social support centers, SBU bodies, units of the Foreign Intelligence Service about officials of state bodies, local governments, enterprises, institutions and organizations that violate the requirements of this Order, as well as about conscripts, military obligations. related and reservists who violate the rules of military registration, to bring them to justice under the law;

maintenance and storage of a log of audit results.

When hiring, the employer had to ask for a military registration document and only after that to hire.

The Procedure that was in force earlier provided that state bodies, enterprises, institutions and organizations keep personal records of conscripts and persons liable for military service at their place of work (training), including on the terms of an employment contract (contract, agreement), for a period of more than three months.

In order to maintain personal records of conscripts and those liable for military service, state bodies, enterprises, institutions and organizations are entrusted with checking that citizens, when hiring (training), have military registration documents (for those liable for military service - military cards or temporary certificates, and c) conscripts - certificates of. Employment (training) of conscripts and persons liable for military service is carried out only after they are registered with the military in district (city) territorial recruitment and social support centers, as well as in the case of being registered with the SBU and the Foreign Intelligence Service.

In fact, all the information that an employer can ask now is provided for by the Procedure as such, which he should have.

On its basis, the employer must maintain the Lists of personal military records at the enterprise.

The lawyer emphasized that, formally, the employer has the right to ask an already working person to provide relevant information, however, he believes that in this case one cannot be dismissed from work if the person does not provide the employer with such information or provides it incompletely.

Recall how the military registration of women will affect employment.




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