On 29 March, 2016, Order of the President of Ukraine No. 115/2016 "On the Retirement of Military Personnel that Were Drafted into the Army Due to Mobilization For a Special Period, Drafted in Accordance with Order of the President of Ukraine No. 607, dated 21 July 2014, and in the Course of the First Wave of Partial Mobilization Under Order of the President of Ukraine No. 15 dated 14 January 2015" (the "Order") came into effect.
Who will be subject to demobilization?
Under the Order, in March-April 2016 the following categories of servicemen will be subject to demobilization:
- servicemen mobilized pursuant to Order of the President of Ukraine No. 607 "On Partial Mobilization", dated 21 July 2014, who were not demobilized pursuant to Order of the President of Ukraine No. 328, dated 12 June 2015; and
- servicemen mobilized pursuant to Order of the President of Ukraine No. 15 "On Partial Mobilization", dated 14 January 2015.
Under the Order, the Ministry of Defense of Ukraine and other authorized state bodies must demobilize the above categories of servicemen within the set time and ensure their transportation to their places of residence.
Obligations of employers
Under the law, employers must maintain the positions and the average salary of employees who have been summoned to the army during mobilization until the end of the special period or until the date of demobilization. The same guarantees are provided for mobilized employees who were subject to demobilization but remained in the military on contract (until expiry of the contract term).
Therefore, those demobilized servicemen that have not remained in the military on contract have to start work after the end of their service in the army and return to their places of residence soon. The day when military service ends is the day when the relevant servicemen are removed from the list of servicemen, about which the relevant entry should be made in the military registration card of such servicemen.
Guarantees for demobilized employees
A demobilized employee has certain additional employment guarantees, in particular:
- the right to have an annual vacation of full duration before the expiry of six months of uninterrupted work in the first year of employment subject to the condition that after demobilization such employee returns to work not later than within three months after demobilization, without taking into consideration the time necessary for travel to the place of residence;
- the preferential right not to be dismissed due to redundancy within two years following the day of demobilization;
- inclusion of the time when the relevant employee was drafted into the army in the length of service.
Therefore, those employers whose employees were mobilized and are subject to demobilization should ensure that the relevant employees start work and are provided with the employment guarantees in accordance with the law.