The fact of transferring an employee who is subject to military service to another position is important not only for personnel records, but also for military records maintained at the enterprise.
Let's find out how an employee's transfer affects military registration.
Changes in personal military records
First of all, let's start with the general rules for maintaining military records of employees.
Personal military records at the enterprise are kept according to the lists of personal military records (clause 33 of the Procedure for organizing and maintaining military records of conscripts, military personnel and reservists, approved by the resolution of the Cabinet of Ministers of Ukraine dated 12/30/2022 No. 1487; further — Order No. 1487). The form of the lists is given in Appendix 5 to Order No. 1487.
Among other things, the following information is included in the lists:
- in column 17 - about the position of the military employee and the details of the act of appointment to the position;
- in column 18 - the date and number of the notification to the CCC and the SP about the appointment to the position and dismissal from the position.
Personal military registration lists must be compiled annually as of January 1 (clause 40 of Order No. 1487). However, during the year, information is entered into the lists about relevant changes in information regarding persons liable for military service, including the transfer of an employee to another position. The basis for this is specified in clause 34 of Order No. 1487:
For the purpose of maintaining personal military records... enterprises, institutions and organizations carry out:
making changes to the lists of personal military records regarding ... place of work and position within five days from the date of submission of the relevant documents (or displaying in electronic form the information contained in such documents, which can be submitted (provided) using the mobile application of the Portal Diya) and sending notifications of changes to such registration data to the relevant district (city) territorial recruitment and social support centers, SBU bodies, and relevant units of intelligence agencies by the 5th of each month.
So, within 5 days from the date of issuance of the order to transfer the employee for another position, changes must be made to the corresponding personal accounting list.
Besides, by the 5th of next month It is worth sending a Notification of Change of Account Data to the CCC and the SP at the place of the employee's military registration, the form of which is given in Appendix 4 to Order No. 1487 (sample).
Informing the PFU about changes in employment relations
In accordance with clause 3 of clause 3 of the Cabinet of Ministers' resolution "Some issues of booking military conscripts during martial law" dated 06/05/2024 No. 650, additional requirements are provided for enterprises that are critically important:
- to meet the needs of the Armed Forces and other military formations during a special period;
- for the functioning of the economy and ensuring the livelihoods of the population during a special period.
They must notify the PFU of the employee's transfer to another permanent position or job.
Special requirements for reserved workers
And that's not all. If we are talking about transferring employees to the positions of heads of state-owned economic entities and municipal enterprises who already have a deferment from military service due to reservation, then you should also pay attention to the requirements of paragraph 8, clause 13 of the Procedure for Reservation of Military Conscripts During Martial Law, approved by the Resolution of the Cabinet of Ministers of Ukraine dated January 27, 2023 No. 76 (further — Order No. 76):
In the event of a conscript being transferred or dismissed with subsequent appointment, taking into account part five of Article 10 of the Law of Ukraine «On the Legal Regime of Martial Law», to another position in the same state authority, another state authority, a local self-government body, an enterprise, an institution and an organization, the deferral from conscription granted to him remains valid. In the event of a change of position, state authorities, other state authorities, local self-government bodies, enterprises, institutions and organizations shall, within three days, send a notification of such changes to the territorial recruitment and social support center in which the conscript is on military registration (the relevant unit of the Central Directorate and/or the regional body of the SBU, the relevant unit of the Foreign Intelligence Service, the relevant unit of the intelligence body of the Ministry of Defense). The extract issued for the previous position shall be withdrawn from the conscript and sent together with the notification. A state authority, other state authority, local government authority, enterprise, institution and organization shall issue an extract to a conscript for a new position with a note in the record of issuance of special military registration forms.
That is, you need to separately notify the CCC and the SP that the employee's position has changed.
The aforementioned provision of Procedure No. 76 states that such a notification should be sent to three-day period. The form of notification is not established by Order No. 76.
Can I use the form for notification of change of credentials (Appendix 4 to Order No. 1487)? No, because this is not a notification for the purpose of changing credentials in general personal and qualitative military records maintained by the CCC and the Joint Service. That is, about notifications to take into account new information about the employee, which take into account for the purpose of special military registration.
Let us recall paragraph 17 of Order No. 1487:
Military registration of conscripts and reservists is divided into general and special by purpose.
The general military registration includes conscripts and reservists who are not booked with state bodies, local governments, enterprises, institutions, and organizations for the period of mobilization and wartime.
Conscripts who, in accordance with the Law of Ukraine "On Mobilization Training and Mobilization", are booked with state bodies, local self-government bodies, enterprises, institutions and organizations for the period of mobilization and for wartime, are on special military registration.
Thus, the notification must be drawn up separately in any form and sent to the CCC and the SP at the place of the employee's military registration together with the extract taken from the employee. The notification can state the following:
«"In accordance with the requirements of paragraph 8, clause 13 of the Procedure for the reservation of military conscripts during martial law, approved by the resolution of the Cabinet of Ministers of Ukraine dated January 27, 2023 No. 76, we inform you about the transfer of military conscript Stepan Stepanovych Stefanchuk from the position of chief engineer to the director of the municipal enterprise "Mriya" from August 12, 2024 in accordance with the order dated August 8, 2024 No. 147-k/tr, and we also send an extract from the order of the Ministry of Economy on the reservation of military conscripts dated June 1, 2024 No. 517, which was issued to an employee in the position of "chief engineer" and withdrawn in connection with the transfer to the position of director of the municipal enterprise.".
To replace the withdrawn extract, the employee must be issued a new extract, which will indicate his new position.
Paragraph 8, Clause 13 of Order No. 76 does not specify that an extract issued for the employee’s new position should be sent to the CCC and the SP. Apparently, this is explained by the fact that the deferral from conscription granted to the employee remains valid until the expiration of the relevant reservation period specified in the decision of the Ministry of Economy.