Employment Rights for Mobilized Personnel
The Donetsk Regional Territorial Recruitment and Social Support Center has published details on the rights of mobilized individuals, including job security, pension contributions, and specific rules for sole proprietors. Under Ukrainian law, mobilized citizens are guaranteed the right to return to their previous job and position, a crucial protection for their employment rights during military service. This framework is part of Ukraine's legal response to the ongoing conflict, aiming to provide stability for those called to serve.
Dismissal of mobilized employees is prohibited by the Labor Code. However, it is important to note that the employer's mandatory obligation to pay an average salary was rescinded in July 2022. Time spent in military service is counted toward an individual's total work history, specialized professional tenure, insurance record, and public service seniority, which is vital for future pensions and career progression upon demobilization.
Specific Provisions for Sole Proprietors
Sole proprietors (FOPs) operate under special conditions. Taxes and fees are not accrued if the business is inactive during service, though the business registration itself is not officially terminated. To be exempt from the Unified Social Contribution (USC) after demobilization, a sole proprietor must submit an application and a copy of their military ID to the tax authority within 10 days.
To safeguard their rights, mobilized individuals should know the procedure to follow in case of unlawful dismissal. They must provide their employer with specific documentation, including:
- A military ID with a mobilization notation;
- A certificate from the Territorial Recruitment and Social Support Center (TCC & SP);
- An extract from the military unit's order listing them as personnel.
The categories of employers bound by these regulations include:
- State institutions and enterprises;
- Private companies;
- Farm enterprises;
- Sole proprietors.
In summary, mobilized personnel have the right to protection of their labor rights and can be assured of job preservation, accrued seniority, and specific provisions for business owners. Understanding these rights is essential for a successful transition back to civilian life after service.