MOBILIZATION OF EMPLOYEES

Mobilization of employees of business entities during martial law
 
On 22 May 2022, the Parliament of Ukraine adopted the Law of Ukraine “On Approval of the Decree of the President of Ukraine “On Extension of Martial Law in Ukraine” and the Law of Ukraine “On Approval of the Decree of the President of Ukraine “On Extension of General Mobilization”. These laws are in force since 24 May 2022 and continue martial law and general mobilization starting from 25 May 2022 for a period of 90 days.
 
According to the Law of Ukraine “On Mobilization Training and Mobilization” (hereinafter – the Law), mobilization is a set of measures taken to systematically prepare the national economy, public authorities, other government agencies, local governments, enterprises, institutions and organizations to operate in the conditions of the special period, and the Armed Forces of Ukraine, other military formations, the Operational and rescue service of civil defense – to the organization and staffs of wartime. Mobilization can be general or partial and is carried out openly or secretly. The general mobilization is carried out simultaneously throughout Ukraine and concerns the national economy, public authorities, other state bodies, local governments, the Armed Forces of Ukraine, other military formations, the Rescue Service of Civil Protection, enterprises, institutions and organizations.
 
Responsibilities of enterprises, institutions and organizations, as well as citizens for mobilization training and mobilization are established by Articles 21 and 22 of the Law. At the same time, an integral part of mobilization is conscription in military service during mobilization, which is a separate type of military service in accordance with Article 2 (6) of the Law of Ukraine “On Military Duty and Military Service”.
 
However, Article 23 of the Law lists categories of citizens who have the right to deferment of conscription during mobilization. Such categories of citizens include, in particular, those reserved for the period of mobilization and wartime by public authorities, other state bodies, local governments, as well as enterprises, institutions and organizations in the manner prescribed by the Cabinet of Ministers of Ukraine. “Conscripts” means persons who are in reserve for the Armed Forces of Ukraine and other military formations for a special period, as well as to perform work to ensure the defense of the state (Article 1 of the Law of Ukraine “On Military Duty and Military Service”).
 
Reservation of conscripts for the period of mobilization and wartime is carried out in the manner prescribed by the Resolution of the Cabinet of Ministers of Ukraine from 03.03.2022 № 193 “Some Issues of Booking Conscripts during Martial Law.”
 
In addition, it should be noted that employees who were called up during mobilization and are on military service during martial law may be discharged from military service in the manner prescribed Article 26 (4) of the Law of Ukraine “On Military Duty and Military Service”.