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Publication date: 13.04.2024
active and purposeful military lawyer with more than 4 years of experience
Actions of the employer in case of receipt of a subpoena for a booked employee
Despite the availability of documents confirming the reservation, the reserved employee remains conscripted, and therefore must comply with all the requirements of the law, in particular the Law of Ukraine of March 25, 1992 No. 2232 "On Military Obligation and Military Service" (hereinafter - Law No. 2232 ) and Appendix 2 "Rules of military registration of conscripts, conscripts and reservists" to the Procedure for organizing and maintaining military records of conscripts, conscripts and reservists, approved by Resolution No. 1487 of the Cabinet of Ministers of Ukraine dated December 30, 2022 (hereinafter - Order No. 1487) .In particular, conscripts must:
• arrive at the summons of district (city) territorial centers of manning and social support, SBU bodies, units of the Foreign Intelligence Service to assembly points, conscription stations, to territorial centers of manning and social support, bodies of the SBU, units of the Foreign Intelligence Service within the time limits specified in the received documents (mobilization orders, summonses, orders) of district (city) territorial recruitment and social support centers, SBU bodies, divisions of the Foreign Intelligence Service for military registration and determination of appointment for a special period, registration of military registration documents, passing a medical examination, referral for training for the purpose of obtaining or improving a military accounting specialty, conscription for military service or for training (examination) and special meetings of conscripts and reservists;
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• undergo a medical examination and treatment in health care institutions in accordance with the decisions of enlistment commissions, conscription commissions or military medical commissions of district (city) territorial recruitment and social support centers, SBU health care institutions, and in the Foreign Intelligence Service — by decision of the heads of relevant units or the military medical commission of the Foreign Intelligence Service;
• to check personal data at least once every five years with the data of district (city) territorial recruitment and social support centers, SBU bodies, units of the Foreign Intelligence Service.
Types of subpoenas valid during martial law
In total, there are 4 types of subpoenas in Ukraine. However, according to the legislation of Ukraine, conscription for military service does not take place during martial law, therefore, corresponding summonses are not issued. Therefore, there are currently 3 types of subpoenas in force in Ukraine, namely:
1. Summons for clarification of data. It is given to clarify and update information about the composition of the family, the state of health of conscripts, place of work, etc.
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2. Summons to pass a military medical commission. This summons, signed by the head of the TCC and SP, obliges to undergo a medical examination. The summons is accompanied by a research and medical examination card of the conscript. After the medical commission, this card will contain the conclusion of the military medical commission on fitness, unfitness or limited fitness for military service.
3. Mobilization order. This summons is issued to a conscript after passing a medical examination, if he is found fit for military service.
What subpoena is served most often
Most often, a summons is issued to clarify credentials. This happens because the TCC and SP may not have up-to-date account data of this or that conscript, as they often do not report or report late on changes in personal data.If the employer received an order to notify the employee about the summons to the TCC and SP
In the event that the employer receives an order regarding the notification of a call to the TCC and SP, he must comply with the obligations provided for in Clause 47 of Order No. 1487, namely:
• issue an order (order) on the notification of conscripts, conscripts and reservists, bring it to the attention of such persons under a personal signature in the part that concerns their arrival at the relevant district (city) territorial center of recruitment and social support, SBU body, Service subdivision of foreign intelligence within the terms specified by him, and send a copy of the order (order) within three days to the relevant district (city) territorial center of recruitment and social support, SBU body, division of the Foreign Intelligence Service;
• hand over to conscripts, conscripts and reservists summonses to appear on call to the district (city) territorial center of recruitment and social support, the SBU body, the unit of the Foreign Intelligence Service (if available);
Acquaintance with the summons
In turn, the employee can either put a mark of familiarization under the order given to him by the employer and receive a summons to appear on summons, if any, assuming the obligation to appear before the TCC and SP, or refuse to put a mark of familiarization with an order and refuse to receive a summons.In a situation where the employee refuses to put a mark on familiarization with the order and refuses to receive a summons (if available), we read the content of the order to him in the presence of witnesses, draw up an act recording such refusal and send such an act to the TCC and SP. Under such conditions, the employee will also be considered notified and will have the obligation to contact the TCC and the JV.
• notify in writing, with the provision of extracts from orders (orders), the relevant district (city) territorial centers of staffing and social support, SBU bodies, divisions of the Foreign Intelligence Service about persons from among conscripts, conscripts and reservists who are temporarily unable to work, are on vacation or on a business trip;
• to ensure monitoring of the results of notification and arrival of conscripts, conscripts and reservists to the relevant district (city) territorial center of recruitment and social support, SBU body, division of the Foreign Intelligence Service.
The procedure for such control is not specified in the legislation, it is only stated that such control is entrusted to the manager.
Monitoring of notification results
As for monitoring the results of the notification, the manager performs the control by getting acquainted with and signing the accompanying letter regarding the results of the notification about the call of employees to the TCC and SP.
As for monitoring the arrival of employees at the TCC and SP, the manager will monitor when he signs a letter regarding the employee's non-appearance on call, an order on dismissal from work in connection with military service, or an order on the employee's departure to work in in connection with release to the reserve.
Military accounting audit — comprehensive analysis of personnel documentation and verification of its compliance with legislative requirements
Non-appearance of an employee when called to the TCC and SP
We remind you that, in accordance with paragraph 34 of Order No. 1487, the employer must inform the relevant TCC and SP about conscripts, conscripts and reservists who have violated the rules of military registration.And in the rules of military registration of conscripts, conscripts and reservists, it is stipulated that conscripts, conscripts and reservists must, in particular, arrive at assembly points at the call of district (city) territorial centers of recruitment and social support, SBU bodies, units of the Foreign Intelligence Service , conscription stations, to the territorial centers of manning and social support, SBU bodies, units of the Foreign Intelligence Service within the terms specified in the documents (mobilization orders, summonses, orders) received by them from district (city) territorial centers of manning and social support, SBU bodies, units Foreign intelligence services for military registration and determination of appointment for a special period, registration of military registration documents, passing a medical examination, referral to training for the purpose of obtaining or improving a military registration specialty, conscription for military service or for educational (verification) and special meetings of conscripts and reservists.
Therefore, non-appearance of an employee when summoned to the TCC and SP is a violation of the rules of military accounting.
Accordingly, both to ensure control over the results of the notification and the employee's arrival at the TCC and SP, and to ensure informing the TCC and SP
about conscripts, conscripts and reservists who have violated the rules of military accounting, it is advisable for the employer to notify the TCC and SP about the violation of the rules of military accounting by the conscripted employee.In addition, in accordance with the second part of Article 21 of Law No. 2232-XII, citizens of Ukraine for the performance of duties related to military registration, conscription or acceptance into military service, as well as persons referred by the relevant district (city) territorial recruitment and social support centers, the Central Administration or a regional body of the Security Service of Ukraine, a relevant unit of the Foreign Intelligence Service of Ukraine for a medical examination (medical examination in outpatient or inpatient conditions), treatment, are released from work for the time necessary to perform the specified duties and staying in a health care treatment facility, with retention of their place of work, position and average salary.
Therefore, the employer, whose employee will be absent from work due to the listed circumstances, must release such an employee from the performance of duties for the time necessary for this and keep the employee's place of work, position, and also pay the average salary.
