From the beginning of 2023, employers must keep personal military records at the enterprise. Who should be involved in this and what obligations does this impose on the business?
In accordance with resolution Government dated December 30, 2022 No. 1487, a new procedure for organizing and maintaining military records of conscripts, conscripts and reservists begins to operate in Ukraine, about which Focus writes in detail in his new review “New order of military registration. What is changing for those who have gone abroad, for women and employers“.
Violetta Monastyrskaya, lawyer at the Legal Strategy law firm, clarifies that, according to the new military registration procedure, state bodies, local governments, enterprises, institutions and organizations are required to carry out:
- sending within seven days from the date of issuance of the order on hiring (training), dismissal from work, completion of training (deductions from an educational institution) to the relevant district (city) territorial recruitment and social support centers (TCC and SP), SBU bodies, divisions Foreign intelligence services reports on changes in the credentials of conscripts, conscripts and reservists;
- alerting, at the request of the TCC and the joint venture, the SBU and the Foreign Intelligence Service, conscripts, persons liable for military service and reservists about their call to the corresponding TCC and joint venture or services.
The second point is worth dwelling on in more detail. As explained in a comment Focus Evgeniy Artyukhov, senior partner of ASA Group Law Firm, in accordance with the amended procedure for notifying employees of the Territorial Recruitment and Social Support Centers (TCC and SP), the employer must take the following steps:
- issue an order (instruction) to notify persons liable for military service;
- notify such persons against the personal signature of the need to arrive at the relevant TCC and SP;
- send a copy of the above order within three days to the relevant TCC and SP.
“Familiarization of an employee with such an order is allowed using electronic communications with the imposition of an improved electronic signature or a qualified electronic signature. And during martial law, a notification can even be sent to a messenger,” Evgeny Artyukhov explains. “And then the employee, even if he works remotely or abroad, is considered to be duly notified of the need to appear at the TCC and the joint venture, and in case of failure to appear, he automatically becomes an offender and may be held accountable“.
Photo: UNIAN
It remains to figure out who at the enterprise the management should now charge this area of work with. As Violetta Monastyrskaya clarifies, if less than 500 employees are registered with the military, the responsibility for keeping records is assigned to a representative of the personnel service, for which an additional payment of up to 50% of the official salary is established, and for civil servants – within the savings of the wage fund.
However, in large companies employing more than 500 persons liable for military service, a separate staff unit or even a whole department is required to maintain military records, namely:
- from 501 to 2000 conscripts, conscripts and reservists – one specialist in mobilization work is required;
- from 2001 to 4000 persons liable for military service – two specialists;
- from 4001 to 7000 — three;
- for each subsequent from 1 to 3000 persons liable for military service – one additional person.
It should be noted that under the new to accept employee for work or training, employees of the personnel service can only after it is taken to military registration.
Previously Focus wrote on the sanctions that may follow for draft evasion.
