Resumption of work after demobilization

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Ланткевич Кирило

Lawyer

Ukraine / Dnepropetrovsk region

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Publication date: 20.08.2024

I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.

Resumption of work after demobilization

In Ukraine, the issue of returning to the previous place of work after discharge from military service is regulated by labor legislation. Article 119 of the Labor Code of Ukraine regulates the return of employees to work after completing military service.

• Job retention: Workers who have been called up for military service have the right to return to their previous job after demobilization. This means that the employer is obliged to reinstate the employee at his former workplace or at an equivalent position with similar working conditions.
   
• Preservation of the position: The employer is obliged to preserve the position for the employee, which he held before he was called up for military service. This means that after returning from military service, the employee has the right to reinstatement in the same position with the same duties and working conditions.
   
• Retention of average salary: After discharge from military service, within 30 calendar days, an employee who was assigned to military service shall retain his average salary. This provides some financial protection for the employee until he or she adjusts to work upon return.

Documents for reinstatement:

To resume work after demobilization, an employee must submit certain documents and complete several formal procedures. Here are more details on these requirements:

• Demobilization certificate: The employee must provide the employer with a document confirming his demobilization or release from military service. It can be a military card or a special demobilization certificate confirming the end of service.
   
• Application for reinstatement: The employee must submit an application for reinstatement. Although the form of the application can be arbitrary, it should contain basic information, such as the desire to return to the previous place of employment, the date of termination of service, and contact information.

Procedure for recovery at work

1. Notification to the employer: Upon discharge from military service, the employee must submit a formal notification to the employer of his desire to return to work.
    
2. Documents: The employee must provide documents confirming his demobilization or release from military service.
    
3. Reinstatement: The employer is obliged to reinstate the employee at the previous place of work or at an equivalent position with similar working conditions.
    
4. Monitoring of implementation: If there are problems with returning to work, the employee has the right to apply to the labor supervision authorities or to the court.

Algorithm of actions in case of violation of labor legislation by the employer:

In case of violation of labor legislation by the employer, the employee has a number of rights and opportunities to protect his rights. Here is a step-by-step plan of actions that can be taken in such a situation:

1. Documenting the violation: Collect and record all documents and evidence that support the violation. It can be correspondence with the employer, copies of the employment contract, salary information, work schedules, medical certificates, etc.
    
2. Addressing management: First try to resolve the issue directly with the employer or through HR. Submit a written complaint or statement to the head of the company, in which you clearly state the essence of the violation and your requirements.
    
3. Appeal to the State Labor Service: If internal settlement has not yielded results, contact the State Labor Service (labor inspectorate). File a complaint or statement about a violation of labor law. The inspection will conduct an inspection and may take measures against the employer.
    
4. Appeal to the court If the situation is not resolved and the violation is not eliminated, you can file a lawsuit in court. For this, you may need the advice of a lawyer or a lawyer to properly prepare the documents and the statement of claim.

Labor dispute lawyer services of a lawyer in labor disputes:

A labor dispute lawyer services can provide a number of services that can significantly facilitate the process of conflict resolution. Here are the main ways a lawyer can help:

 

Labor law lawyer consultation and assessment of the situation: A lawyer will help to understand whether there really was a violation of labor law and what exactly is the cause of the dispute. A labor lawyer will explain your rights and obligations in accordance with labor law and the labor contract.

 

Preparation of documents: A labor law lawyer will help prepare competent statements and complaints to the employer, the labor inspectorate, or to the court. If necessary, the lawyer will check the terms of the employment contract and the changes made to ensure that they comply with the law.

Representation and negotiations: An employment lawyer can represent your interests in negotiations with the employer or his representatives to reach a compromise solution. An employment lawyer can act as a mediator between the parties to a dispute to find a mutually acceptable solution without court intervention.

 

Legal assistance in labor disputes in court: An employment labor dispute lawyer will prepare and submit a statement of claim to the court, if the matter could not be resolved out of court. An employment labor code lawyer will represent your interests at court hearings, including preparing arguments, presenting evidence, and appearing in court.