On 16 May 2024, the Cabinet of Ministers of Ukraine approved the Procedure for Conscription of Citizens for Military Service During Mobilization and amended the Procedure for Organization and Maintenance of Military Registration ("Amendments"). The Amendments, among other things, detail employers' existing obligations during mobilization and establish the new ones.
Key changes
- If the company receives the relevant order from the territorial center of recruitment (TCR) and/or relevant military administration, the company's CEO is obliged to do the following:
- Issue an order to notify the relevant employees and appoint the responsible persons
- Organize the notification through the company's responsible persons by delivering summonses against signatures or sending the notification order by post, as the case may be
- Provide information support during mobilization
- Notify the TCR in writing within three days of the results of the notification and the employees' compliance with the requirements of the law
- Ensure that the employees arrive at the TCR by (i) transporting them to the TCR collection points or military units, or (ii) releasing them from duties (for their independent arrival)
- Promptly inform the TCR of employees who (i) refused to receive summonses or (ii) submitted resignation letters.
- The company's responsible persons may serve summonses on the company's premises and in places where employees perform their work (duties).
- The company's CEO, based on the order of the TCR and/or the military administration, must issue an order to appoint its employees to the notification groups and ensure their participation in the notification activities.
- If a notification center is established on the company's premises, the company's CEO is responsible for organizing and controlling the work of such center.
- Companies must go through the necessary formalities in connection with a deferral from military service during reserved employees' mobilization. Such formalities should be completed at the TCR where the companies are located.
As a reminder, from 19 May 2024, the liability for violating the rules of military registration and laws on defence and mobilization has been increased (for more details, please see here). In particular, the company's corporate officers may be subject to a fine of up to UAH 59,500 (USD 1,475).
Recommendations
We recommend that employers take the above-mentioned legal developments into account in their business activities. For ease of reference, we have prepared a brief summary of the main obligations of employers and employees relating to mobilization in Ukraine considering the recent legal developments, which is attached.
