Employment & Migration
Mobilization Announced in Ukraine: What Should Employers Know?
On 17 March 2014, the President of Ukraine issued the decree On Partial Mobilization. Further, on 1 April 2014, Law of Ukraine No. 1169-VII On Amendments to Certain Ukrainian Laws in Support of Mobilization came into force. The main provisions of the above legislative acts and the laws of Ukraine on mobilization in general are as follows.
Who falls under the draft?
Males under 50 who have not served in the military or have the rank of Senior Warrant Officer and below may be mobilized.. For those males who have a military rank of junior officer and above an age limit will be set according to their rank (e.g. 45 for a Second Lieutenant or 65 for a Major General).
In necessary, females under 50 may be drafted too.
Please note that in the event of full mobilization to the armed forces, not all men and women satisfying the above criteria will be mobilized. The mobilization plan approved by the President of Ukraine will indicate the number of reservists to be drafted.
Persons satisfying any of the following criteria do not fall under the draft:
persons reserved by the government authorities, municipal authorities, companies and organizations for the period of mobilization and hostilities, according to the procedure adopted by the Cabinet of Ministers of Ukraine;
any person certified as temporarily unfit for military service for health reasons (for a period of up to six months);
men supporting five or more children under 16;
women supporting children under 16;
any person providing full-time care to a person in need of care as determined by Ukrainian law, in the absence of any other person able to provide such care;
members of the Parliament of Ukraine, and members of the Parliament of the Autonomous Republic of Crimea.
For further information please contact
Lina Nemchenko, Partner +380 44 590 0101 firstname.lastname@example.org
Mariana Marchuk, Counsel +380 44 590 0101 email@example.com
Baker & McKenzie – CIS, Limited Renaissance Business Center 24 Vorovskoho St. Kyiv 01054, Ukraine
Rights and obligations of employers during mobilization
The employer may not terminate the employment of a mobilized employee. The
laws of Ukraine provide that a Ukrainian citizen mobilized to serve in the military
for a period of up to one year shall keep his/her job and average salary. If the
mobilization continues for more than one year, and the employment was
terminated, after demobilization such employee shall be entitled to resume
his/her employment with the same employer in a position at least equal to the
position he/she occupied before the mobilization.
Employers also have some additional obligations connected with mobilization,
ensure the timely arrival of mobilized employees at military units;
maintain a record of employees who are liable for military service,
reservists or called up for military service;
take the required actions to reserve certain persons otherwise liable for
military service and provide the relevant records to the proper
government and/or municipal authorities;
make, to the extent necessary, buildings, structures, transport or other
materiel available (for compensation) to the Armed Forces of Ukraine or
any other authority as determined by law.
Further, during the mobilization period, employers may be required to complete
mobilization assignments (contracts) from the government or municipal
authorities (e.g. manufacture certain products for the Armed Forces).
This LEGAL ALERT is issued to inform Baker & McKenzie clients and other interested parties of legal
developments that may affect or otherwise be of interest to them. The comments above do not
constitute legal or other advice and should not be regarded as a substitute for specific advice in