Publication date: 23.05.2024
What instructions did the Cabinet of Ministers of Ukraine give to employers?
The Cabinet of Ministers of Ukraine, in particular, by its Resolution No. 560 dated May 16, 2024, approved the Procedure for Conscription of Citizens for Military Service during Mobilization, for a Special Period.
Another Resolution of the Cabinet of Ministers of Ukraine No. 563 dated 16.05.2024 amended the Pro-cedure for Organizing and Maintaining Military Records of Conscripts, Persons Liable for Military Service and Reservists.
The approved Procedure No. 560 defines the involvement of enterprises, institutions and organizations (i.e. employers - legal entities) in conscription during mobilization. The Procedure also contains provisions on the procedure for notifying persons liable for military service and reservists.
According to the above procedure, the heads of enterprises, institutions and organizations, after receiving an order from the head of the state administration or the military and civilian administration to conduct mobilization measures or call up reservists and persons liable for military service, are obliged to issue an order to notify reservists and persons liable for military service.
And also, the heads of legal entities-employers:
- organize, through responsible persons, the notification of employees during working hours by delivering summonses under their personal signature;
- provide information support at the enterprise (institution, organization) for the call-up of reservists and persons liable for military service during mobilization;
- to notify the CMC in writing within three days of the results of notification and fulfillment of the requirements of the legislation by reservists and persons liable for military service;
- to ensure the arrival of reservists and persons liable for military service by transporting them from the enterprise (institution, organization) to the collection points of the CMC or military units or releasing them from their duties, taking into account the time required to arrive at the CMC and, if necessary, the time for return trip;
- immediately inform the relevant MCC about employees who have refused to receive summonses and employees who have written resignations.
In addition, the heads of enterprises, institutions, and organizations, on the basis of an order of the head of the state administration (military administration) or the head of the TCC, issue orders to appoint persons to the notification groups and ensure their participation in notification activities.
Further, reservists and persons liable for military service may be notified of a call to the CCC at their place of work or study:
- representatives of the enterprise (institution, organization) where they work;
- representatives of the educational institution where he/she is studying;
- representatives of territorial recruitment and social support centers;
- notification groups, which may include representatives of district and city state administrations (military administrations), enterprises (institutions, organizations), territorial recruitment and social support centers and police officers.
Summonses for notification by representatives of enterprises, institutions and organizations are delivered to their heads together with the order of the head of the CMC on the notification of reservists and persons liable for military service.
Public authorities, other state bodies, local self-government bodies, enterprises, institutions and organi-zations are obliged to issue a postponement of the call-up for military service during mobilization to em-ployees (civil servants) liable for military service who are booked in accordance with the procedure esta-blished by the CMU, at the TCC on the territory of which they are located. The documents specified in the list in accordance with Annex 5 to Procedure No. 560 shall be submitted to the relevant MCC.
The decision of the commission of the MCC is notified to the applicant by telephone, electronic commu-nication or mail no later than the next day after the decision is made. In case of a positive decision, the person liable for military service is provided with a certificate indicating the period of deferment.
In turn, the Resolution of the Cabinet of Ministers of Ukraine No. 563, which amended Procedure No. 1487, provides for the following: citizens of Ukraine from among conscripts, persons liable for military ser-vice and reservists are subject to personal and primary military registration with state bodies, local self-government bodies, enterprises, institutions and organizations.
It was also specified that every year by January 25 (as of January 1), personal military registration lists and operational records are signed by the head of a state body, local government body, enterprise, institution, organization, as well as the person responsible for maintaining military records, and registered in the esta-blished manner in the office of such bodies, enterprises, institutions, organizations.
Thus, we can see that the amendments adopted not only to the current law are adopted taking into account changes in the requirements of the times and the martial law in Ukraine, but also in relation to business activities in accordance with the fact that a legal analysis of the situation, analysis of documents and verification of documents by a lawyer and a legal opinion, as well as legal advice were carried out.
