Key Changes to Employee Military Service Reservation
A recent court ruling has established that reserving employees for military service via the 'Diia' portal, under Decree No. 76, no longer requires a current Military Medical Commission (VLC) certificate. The only remaining obstacle for reserving an employee is if they are actively being sought by a Territorial Recruitment Center (TRC). This legal shift is part of broader efforts to streamline wartime mobilization procedures for businesses.
New Regulations and Their Practical Impact
Under the new norms, the system does not check for a VLC certificate, and a VLC conclusion remains valid for one year during martial law. Employees who have not undergone the commission in over a year are not considered violators, provided they have not received an official summons from a TRC. The responsibility to send an employee for a VLC examination now lies with the TRC, not the employer. Without a direct order from the TRC, company managers are under no obligation to take action regarding the VLC process.
“A problem can only arise if an employee is listed as wanted by a TRC,” noted Tetiana Donets.
This underscores the critical importance of clear communication between enterprises and recruitment centers. Courts in two instances ruled in favor of a company from the Dnipropetrovsk region, canceling a fine of 40,800 hryvnias for reserving employees without a valid VLC certificate. The ruling was based on the fact that the law does not place the duty of monitoring VLC deadlines on employers.
These changes to employee reservation rules reflect an adaptation of legislation to the conditions of martial law in Ukraine, allowing businesses to retain their workforce with fewer bureaucratic hurdles. They also highlight the necessity for close cooperation between companies and TRCs to avoid legal issues and ensure compliance with military registration duties.