Mobilized employees have the right to retain their position until their discharge from military service. Are there any exceptions and under what conditions can an employment contract be terminated with a mobilized employee? - explain the lawyers of the free legal aid system.
Can an employer, on his own initiative, dismiss a mobilized employee?
No. Such an employee retains his/her place of work and position until his/her actual discharge from military service. This applies to all enterprises, regardless of subordination and form of ownership.
But there is an exception, this is:
- employer's call-up or mobilization - only if the employer is an individual entrepreneur
- liquidation of the enterprise.
In what cases can an employment contract with a mobilized employee be terminated?
- at the employee's request
- by agreement of the parties - the initiator must be the employee.
How a mobilized employee can resign at will
- submit a resignation letter in any convenient way - by email, by mail, through a proxy
- Wait for the dismissal order. The employer must make a corresponding entry in the employment record book (if the employer keeps it)
- receive documents - work record book, copy of dismissal order and pay slip. If necessary, they can be sent by mail
- receive a calculation - the employer is obliged to make it on the day of dismissal.
Where to get legal support
Everyone can get free legal advice from the free legal aid system. Lawyers will advise on the labor rights of a mobilized employee and how to act in case of their violation.
Some categories of people are also entitled to free legal aid when applying to court. These are IDPs, children, people with low incomes (able-bodied people – with income up to 6056 UAH/month; pensioners (by age, years of service) – 4722 UAH/month; disabled people – if their pension or social assistance is up to 6056 UAH), war veterans (other categories are listed in Article 14 of the Law of Ukraine «On Free Legal Aid»). Lawyers will study your circumstances in detail, if necessary, prepare and submit a statement to the court, and represent your interests in court.