Publication date: 10.05.2024
active and purposeful military lawyer with more than 4 years of experience
When should the payment of the average salary to a mobilized employee after death be stopped, if such payment was maintained after 07/19/2022.
In accordance with Article 119 of the Labor Code of Ukraine (as amended until 19.07.2022; hereinafter referred to as the Labor Code), for employees called up for fixed-term military service, military service by conscription of officers, military service by conscription during mobilization, on special period, military service by conscription of reservists in a special period or accepted for military service under a contract, including by concluding a new contract for military service, during the validity of the special period for the period until its end or until the day of actual release are kept place of work, position and average earnings at the enterprise, institution, organization, farm, agricultural production cooperative, regardless of subordination and form of ownership, and at individual entrepreneurs, in which they worked at the time of the draft.
Taking into account the amendments made to Article 119 of the Civil Code of Labor and Employment from July 19, 2024, the employer is obliged for the period of military service by conscripting persons from among reservists in a special period or accepted for military service under a contract, including by concluding a new contract for military service, during the validity of the special period, for the period before its end or until the day of actual dismissal, keep the place of work, position.At the same time, enterprises, institutions, organizations within their powers and at the expense of their own funds may establish additional labor and social benefits for employees compared to the legislation (Article 9-1 of the Labor Code). If, according to the terms of the collective agreement, the average earnings of the employee were maintained after July 19, 2022, then the provisions of the collective agreement regarding the terms and procedure of payments should be guided first of all.
In the event that these issues were not determined by the provisions of the collective agreement, the issue can be settled by the parties to the collective agreement by making changes to it in accordance with the procedure provided for in Article 14 of the Law of Ukraine of July 1, 1993 No. 3356-XII "On Collective Agreements and Agreements" .
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At the same time, the provision regarding the termination of the payment of the average salary to the employee from the date of his exclusion from the personnel of the military unit may be applied.
In accordance with Article 24 of the Law of Ukraine dated March 25, 1992 No. 2232-XII "On Military Obligation and Military Service", a deceased serviceman is excluded from the personnel lists of a military unit (military educational institution, institution, etc.) from the next after death (death) day, a serviceman recognized as missing or declared dead in accordance with the procedure established by law - from the day the court decision enters into force.
