Mobilization is not a ground for dismissal. The employee called to the ranks of the Armed Forces of Ukraine keeps a workplace and a position - and this is enshrined in the legislation of Ukraine. However, in some cases, the employment contract can still be terminated.
About it reports the Coordination Center for the provision of free legal aid (KC BPD).
When the dismissal at the employer initiative is impossible
The employer is not entitled to dismiss the mobilized employee on his own initiative. This rule applies to all enterprises and organizations - regardless of ownership, size or industry.
Exceptions that the law allows
There are only two exceptions provided by law when release is possible:
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In case of mobilization of the employer himself, if he is an individual entrepreneur (FOP);
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In case of liquidation of the enterprise.
In all other situations, the employer is obliged to keep the place of work on the mobilized.
As mobilized to be released at their own request
If the initiative comes from the employee himself, he can stop the employment relationship:
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At your own request - by applying for dismissal (personally, by mail, through e -mail or proxy).
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By agreement of the parties - but only if the release initiative belongs to the employee.
After that, the employer is obliged:
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issue an order for dismissal;
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make a record in the employment record (if any);
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transfer to the employee or send the employment record, a copy of the dismissal order and the settlement letter;
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make a cash calculation on the day of release.
The position of lawyers
The CCS BD emphasize that the observance of the labor rights of mobilized workers is not only a rule of law, but also a matter of respect for those who are now protecting the state. Any release in violation of the procedure can be appealed in court.
