Mobilization is not a reason for dismissal from work. An employee drafted into the Armed Forces of Ukraine retains his/her job and position - and this is enshrined in the legislation of Ukraine. However, in some cases, the employment contract may still be terminated.
This was reported by the Coordination Center for the Provision of Free Legal Aid (CC LPA).
When dismissal at the employer's initiative is impossible
An employer does not have the right to dismiss a mobilized employee on their own initiative. This rule applies to all enterprises and organizations, regardless of their form of ownership, size, or industry.
Exceptions permitted by law
There are only two exceptions provided for by law when dismissal is possible:
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In the case of mobilization of the employer himself, if he is an individual entrepreneur (SEO);
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In the event of liquidation of the enterprise.
In all other situations, the employer is obliged to maintain the workplace of the mobilized person.
How to voluntarily resign as a mobilized person
If the initiative comes from the employee himself, he can terminate the employment relationship:
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At your own request - by submitting a resignation application (in person, by mail, via email or through a proxy).
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By agreement of the parties - but only if the employee takes the initiative to dismiss.
After that, the employer is obliged to:
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issue a dismissal order;
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make an entry in the work book (if available);
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hand over to the employee or send by mail the work book, a copy of the dismissal order and a pay slip;
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make a cash payment on the day of dismissal.
Lawyers' position
The CC BPD emphasizes: respecting the labor rights of mobilized workers is not only a rule of law, but also a matter of respect for those who currently defend the state. Any dismissal with a violation of the procedure can be appealed in court.
