Employer Responsibility for Military Medical Commissions: A Court Clarifies the Rules

Court Ruling on Oversight of Medical Commissions

According to ХВИЛЯ: A court has ruled that employers are not required to monitor the deadlines for their employees to undergo a Military Medical Commission (VLC) unless they receive an official directive from a Territorial Recruitment Center (TRC). The obligation to track these deadlines only arises after such an order is formally received.

This judicial decision stemmed from a case involving a fine levied against an enterprise in the Dnipropetrovsk region. According to current legislation, the law on military service does not impose a duty on company managers to oversee their employees' completion of the VLC. A similar position is enshrined in the procedure for maintaining military records under Cabinet of Ministers Resolution No. 1487.

Duties of Employers and Recruitment Centers

The duty to notify an employee and ensure their arrival at the TRC only arises after the employer receives a TRC summons for that specific individual. As court representative Tetiana Donets stated,

“No order, no obligation.”

Following cross-checks with the TRC, enterprises often receive oral or written demands to ensure their employees undergo the VLC. Such demands are frequently recorded on copies of cross-check lists or in a logbook under Appendix No. 9.

A formal TRC order obliges the enterprise to issue a notification order, deliver it to the employee for signature, and send a copy to the TRC within three days. This court ruling underscores that the responsibility for monitoring employees' completion of the VLC lies solely with the TRC until an official directive is issued. This clarifies the legal landscape for businesses operating under Ukraine's martial law, where military service obligations are a critical concern.

The court's decision could significantly impact the practice of interaction between businesses and recruitment centers, as it relieves employers of a portion of the responsibility in the process of monitoring VLC compliance. In turn, this may lead to a reduction in the number of fines imposed on enterprises for violations in this area and highlights the critical importance of official documentation in regulating labor relations during wartime.