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Publication date: 19.10.2024
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.
According to Ukrainian legislation, employees of educational and scientific institutions can receive a deferment from mobilization. This applies to lecturers, teachers and scientific and pedagogical workers who work at a rate of at least 0.75 per main place of work in higher and professional advanced educational institutions, scientific institutions and comprehensive schools. It is important that certain criteria must be met in order to receive a deferment from mobilization . Among them is the presence of the main place of work and employment for at least 0.75 of the rate. However, university teachers who do not have a scientific degree (postgraduate students, junior teachers without candidate or doctoral degrees) really do not fall under this norm, since the right to postponement applies mainly to scientific and pedagogical workers.
The procedure for obtaining a postponement from mobilization for teaching staff:
- Contacting the administration of the educational institution: The first step is to contact the management of your educational institution (school, university, college, etc.) for a certificate from the place of work. This certificate must confirm that you work in an educational institution on a permanent basis and at a rate of at least 0.75 (or full-time). After that, you need to ask the administration to draw up a description of the pedagogical activity. This characteristic should include information about your qualifications, work experience and contribution to the educational process.
- Collecting the necessary documents: Next, you need to collect and prepare such a package of documents for submission to the territorial center of recruitment and social support (TCC and SP).
- Submission of documents to the TCC and JV: After collecting all the above documents, they need to be submitted to the TCC and JV to which you are assigned. Your documents will be registered there for further consideration.
- Passing a medical examination: In many cases, after submitting the documents, you may be assigned to undergo a medical examination to confirm your health and determine your fitness for military service. This is a necessary part of the process.
- Review of the application: TCC and JV reviews your application and documents within seven days from the moment of their submission. In the event that the military commission requires additional information from government agencies or an educational institution, the review period may be extended, but the decision must be made no later than the next day after receiving the necessary response.
- Obtaining a deferment: After reviewing all documents and, if necessary, passing a medical commission, the TCC and the JV make a decision on granting or refusing to grant a deferment. In case of a positive decision, you will receive a document that confirms your right to deferment from mobilization.
- Confirmation of deferment: After receiving a deferment, you must confirm your right to it annually or at the request of the TCC and JV by submitting updated documents confirming your place of work and teaching activities. Follow the deadlines for submitting documents and updating information to avoid possible delays or loss of the right to deferment.
Question
Is deferment granted automatically?
Answer
Postponement from mobilization is not granted automatically. Even if a person falls under the category of persons who have the right to deferment (for example, teachers, doctors, parents of many children, etc.), he must independently submit the relevant documents to the Military Committee to officially confirm his right to deferment. If the documents are not submitted or the grounds for the postponement are not confirmed, the person can be mobilized on general grounds, even if he falls under the category of persons who are potentially entitled to a postponement.
Question
What documents must be submitted to receive a deferral?
Answer
Passport of a citizen of Ukraine, identification code, military card (or temporary card, if the military card has not yet been obtained), a certificate from the place of work, which states that you work as a teacher or lecturer at a rate of at least 0.75, the characteristics of the pedagogical activity that provided by the administration of the educational institution, a diploma of education confirming your qualifications, an application addressed to the head of the TCC and SP with a request to grant a deferment from conscription for military service upon mobilization. The application can be written in a free form, but it is important to clearly indicate the reasons for the postponement - your work at the educational institution.
Categories of employees of educational institutions who do not have the right to deferment:
- ZZSO employees who are on layoff do not have the right to deferment. According to Article 34 of the Labor Code of Ukraine, layoff is "stoppage of work due to the lack of organizational or technical conditions necessary for the performance of work, or due to other circumstances beyond the control of the employees." Since the employee does not perform work duties during downtime, he will not be able to receive a certificate confirming active work at the main place of work, and therefore cannot claim a deferment.
- ZZSO teachers on layoff at their main place of work, who work part-time at another school for more than 0.75 of the rate, are also not entitled to deferment. An important point is that in order to receive a postponement from mobilization, work as a teacher must be carried out at the main place of work. If the employee is on layoff at the main place of work, even if he works part-time in another position with sufficient employment (more than 0.75 rate), he still does not fall into the category of employees who can be granted a deferment.
- Employees of preschool education institutions do not have the right to deferment. As before, the legislation of Ukraine does not provide for the possibility of receiving a deferment from mobilization for employees of preschool educational institutions (DZ). The postponement is granted only to teachers of general education schools (ZZSO), professional pre-university and higher educational institutions, and research institutions.
Lawyer services to obtain a postponement:
If you need lawyer help to obtain a deferment from mobilization, you can use the services of a lawyer who specializes in military law. Here are the basic types of legal services:
Lawyer consultation and legal analysis of the situation: Lawyers online will explain whether you are entitled to a deferment under current law, taking into account your situation (eg working at 0.75 rate, place of work, whether you are on layoff, etc.). Lawyers will help you understand all the nuances of the law that may apply to your right to deferment.
Assistance of a lawyer in the collection and preparation of documents: A lawyer will help you correctly prepare all the necessary documents: an application for deferment, certificates from the place of work, a description of pedagogical activities, as well as other documents that may be required by the TCC and the JV. He will check the accuracy and correctness of filling out the documents to avoid rejections due to formal errors. A lawyer can accompany you when submitting documents to the territorial recruitment and social support center (TCC and SP) to ensure the correctness of the procedure and protect your rights.
Legal services to appeal the denial of a deferment: If you are denied a deferment, a lawyer will help you file a complaint or file a lawsuit to challenge the decision of the TCC and SP. He will protect your interests through the court proceedings and help ensure that your case is handled fairly. A lawyer can also provide advice on general mobilization issues, your legal status during wartime, or other situations related to military duty.
Full-time teachers in higher education institutions, institutes and schools are often granted a deferment, as their activities contribute to the continuity of the educational process. In order to receive a deferment from mobilization, teachers in Ukraine need to take into account the current legislation regulating military service and mobilization. The lawyer advice can greatly simplify the procedure for obtaining a deferment and ensure that your rights are protected at all stages of the process.
