Very recently we told on the peculiarities of the updated law on military service, mobilization and military registration.
On its basis, on May 16, 2024, the Cabinet of Ministers of Ukraine detailed and approved the Procedure for conscription of citizens for military service during mobilization, for a special period (hereinafter referred to as the Procedure) by Resolution No. 560.
Therefore, in this article, we will consider the obligations that the state has imposed on enterprises, institutions and organizations in relation to conscripts.
First, according to the new Order, a lot is happening increasing business involvement in the employee notification procedure.
We will give specific examples of such duties.
So, on the basis of the order of the head of the relevant state administration or military administration or the head of the territorial procurement center of the enterprise, institution and organization:
- issued order to carry out notification of reservists and conscripts;
What is indicated in such an order? First of all, you need to indicate the reason and purpose of the order, the list of employees to whom it applies, the date, time and place of their arrival at the assembly center or military unit.
It is also necessary to notify the method of delivery of employees to the recruitment center, the persons responsible for notification, the procedure for monitoring such notification and the arrival of conscripts.
- carried out at an enterprise, institution or organization information provision of the prize of reservists and conscripts for military service during mobilization;
- organize through responsible persons notification during working hours of employees by handing over summons under their personal signature.
Please note that summonses cannot be issued by anyone at the enterprise, but only by a responsible person appointed by the head of such an enterprise.
In addition, the notification itself is carried out not only by enterprises or institutions where the conscript works, but also by educational institutions and notification groups.
In particular, in addition to representatives of enterprises, institutions, organizations, territorial procurement centers, state administrations and military administrations, the police also belong to such groups.
Secondly, now enterprises must not only notify conscripts so that they arrive at the appropriate recruitment center, but also monitor the proper performance of duties by its employees and report on it.
In this regard, enterprises are obliged to:
- ensure the arrival of reservists and conscripts by transporting them from the enterprise, institution, organization to the collection points of territorial procurement centers or military units;
The legislator also provided for the possibility of releasing the employee from his duties for the period of time necessary for the employee to independently arrive at the territorial picking center and return to the enterprise.
- notify in writing within 3 days territorial center of assembly about the results of notification and execution reservists and conscripts legislative requirements;
- to immediately inform the relevant territorial picking center about employees who refused to receive subpoenas, and employees, who wrote resignation letters.
What will happen if the company does not fulfill the above obligations, for example, does not notify the territorial recruitment center about the employees who have resigned?
Such inactivity will be considered an administrative offense, which is provided for in Article 210-1 of the Criminal Procedure Code, namely: violation of the legislation on defense, mobilization training and mobilization.
As a result, the head of the enterprise will be fined in the amount from 34,000 hryvnias to 59,500 hryvnias.
The approved procedure also provides the procedure for registering deferments at the enterprise for reserved employees.
Therefore, enterprises, institutions, organizations, as well as state and local self-government bodies are obliged to issue a postponement for their employees who are already booked in accordance with the procedure determined by the Cabinet of Ministers of Ukraine.
In order to issue such a postponement, the enterprise must submit to the relevant territorial center of recruitment and social support, in the territory of whose responsibility it is located, the following documents:
- petition of the head of the enterprise regarding registration of postponement of conscription for military service during the mobilization of conscripts who are booked in according to the procedure determined by the CMU;
- extract from the order of the Ministry of Economy on the reservation of conscripts.
In the future, the commission of the territorial procurement center examines the received petition and supporting documents, evaluates the legality of the grounds for granting a postponement, and also, if necessary, prepares requests to the relevant state authorities or uses information from public electronic registers.
The decision on granting or refusing to grant a postponement is made by the commission within seven days from the date of receipt of the request for a postponement and supporting documents, but no later than within the next day from the date of receiving information on requests to state authorities.
Such a decision is formalized in a protocol, which the commission reports no later than the next day after its acceptance the company reports by means of telephone, electronic communication or mail.
In addition, if the commission makes a positive decision, the conscript is provided certificate indicating the deferment period.
As we can see from the Order, the new reality requires from business not only a clear organization and discipline, but also a high level of responsibility and cooperation with the state. Therefore, we recommend that enterprises familiarize themselves more carefully with their obligations regarding mobilization training in order to ensure its proper conduct, as well as to prevent possible administrative sanctions.
