Publication date: 26.04.2024
active and purposeful military lawyer with more than 4 years of experience
Additional labor guarantees for family members of military personnel
Family members of servicemen have additional guarantees provided by the Law of Ukraine of December 20, 1991 No. 2011-XII "On Social and Legal Protection of Servicemen and Members of Their Families" (hereinafter - Law No. 2011), in particular, for employment and job retention.
About the preferential right when hiring and leaving a job in the event of a reduction in the number or staff of employees
Family members of conscript servicemen and conscripted military servicemen of officers have a priority right when hiring and leaving work in the event of a reduction in the number or staff of employees, as well as priority referral for professional training, advanced training and retraining with separation from production and for the payment of the average salary for the period of training (Clause 1, Article 18 of Law No. 2011).
We draw attention to the fact that the provision of paragraph 1 of Article 18 of Law No. 2011 enshrines the overriding right of a military serviceman's family member to occupy a vacant position upon hiring, and does not establish the employer's obligation to provide employment. This means that if there is a vacant position among job applicants, other things being equal, the employer should give preference to a military serviceman's family member.
About financial assistance
In addition, an additional guarantee is the payment of monetary assistance. Wives (husbands) of military personnel, except for conscript military personnel, are paid monetary assistance at the place of work in the amount of the average monthly salary in the event of their termination of the employment contract in connection with the transfer of the husband (wife) to serve in another area (clause 2 of Article 18 of the Law No. 2011).
The right to payment of temporary disability in the amount of 100%, regardless of insurance experience
In the case of temporary incapacity for work, incapacity leaves are paid to spouses (husbands) of military personnel in the amount of 100% of the average monthly salary regardless of insurance length of service (clause 2 of Article 18 of Law No. 2011).
Military accounting audit — comprehensive analysis of personnel documentation and verification of its compliance with legislative requirements
Enrollment in the total length of service required to assign a pension based on the age of the period of residence together with the spouse
Wives (husbands) of military personnel, except for conscript military personnel, to the total length of service necessary for the award of an old-age pension, the period of residence together with the husband (wife) in areas where there was no possibility of employment in a specialty, but not more than 10 years (p 3 of Article 18 of Law No. 2011)
According to Clause 5 of Article 18 of Law No. 2011, local councils:
• give priority to the employment of conscripted military servicemen's wives in the event of their dismissal in the event of a reduction in the number or staff of employees, in the event of liquidation, reorganization or repurposing of an enterprise, institution, or organization;
• provide out-of-order places for children of military personnel and children of military personnel who died or died or went missing during service, in children's institutions at their place of residence;
• ensure the resettlement of military personnel released into reserve or retired from military garrisons that are closed and remote from populated areas.A widow (widower), parents of a deceased or deceased serviceman, as well as a wife (husband), if she (he) has not taken (not taken) another marriage, and her (his) minor children or adult children - persons with disabilities since childhood , parents of a serviceman who went missing during military service are entitled to the benefits provided for by this Law (Clause 6, Article 18 of Law No. 2011).
The Cabinet of Ministers of Ukraine, local councils, enterprises, institutions, and organizations may establish other benefits and guarantees of social protection for the families of military personnel.
Selection of materials "Personal card and personal file: instructions for use"
In addition to the benefits and guarantees mentioned above, the collective agreement and the terms of the employment contract, as well as other local acts of the employer, which may establish additional guarantees of labor rights for family members of military personnel compared to the legislation.
The norms of local acts, in particular the collective agreement in terms of labor rights and guarantees, unsuspended by the employer in accordance with Article 11 of the Law of Ukraine dated March 15, 2022 No. 2136-IX "On the organization of labor relations in conditions of martial law", must be implemented.
