Labor guarantees for employees accepted for military service

Since the beginning of the war in Ukraine, many workers have been called to defend the country. Therefore, employers are asking: what labor guarantees should be provided, how long do these guarantees last for the employee and how to formalize all this.

Who are provided with labor guarantees?

Article 119 part 3 of the Labor Code of Ukraine provides labor guarantees to the following employees

• Those called up for military service,
• Called up for military service during the calling up of officers,
• Drafted into the army during mobilization, for a special period,
• Drafted into the army from the reserve corps,
• Persons who joined military service under a contract.

Employees called up for military service retain their job, position and average wage.

What is a special period?

The special period is the period from the announcement of the decision on drafting into the army or from the introduction of martial law in the country or certain regions. The special period does not expire after the end of hostilities, but covers the mobilization period and the period of state recovery.
In Ukraine, the special period was introduced after the announcement of partial drafting into the army from 17.03.2014 and continues to nowadays.
In 2022, general mobilization was introduced from 24.02.2022 and extended a second time for 90 days until 23.08.2022.

How long must labor protections be retained for an employee?

The obligation to retain labor protections for employees called up for military service applies to both legal entities and business owners. The labor guarantees must be kept for the employee until the end of the special period or until the employee is discharged from military service.
Labor guarantees apply to all mobilized workers, regardless of whether they are in the trenches, on sick leave after being wounded, in captivity, or missing.
Workers who are being treated after wounding are covered by labor guarantees until the day they are discharged from military service after treatment. Prisoners of war are covered until the day they are returned from captivity, and those who are missing until they appear or until a court declares the person dead.
If an employee has gone to serve under a contract, he/she also retains the labor guarantees, even if the contract has expired and the employee continues to serve. In that case, the contract is automatically prolonged if the special period has not been completed.

How to document an employee's military service call-up?

To prove that an employee has been called up for military service, he or she must provide:

• a document of enlistment for military service,
• an order from the military unit about the employee's enlistment in this military unit,
• a copy of the Military personnel record with a mark of enlistment,
• a copy of the enlistment contract,
• etc.

After receiving the draft documents, you must create an order of release (not to be confused with firing). And the time sheet must be marked with the AR code (another reason).
If the employee provided the relevant documents electronically, for example, sent a picture in a messenger, such documents are considered valid and entitle the employee to employment guarantees.
You don't need to make any records in the employee's employment record book about military service.