Regarding the preservation and payment of wages to the mobilized and booking workers
Author: Tatiana Trikoza, lawyer of Dynasty Law & Investment
In the current state of martial law, it is necessary to outline the legislative guarantees and conditions in which employers (enterprises and sole proprietors) will continue to work in Ukraine. who enlisted in the army. Thus, for the entire period of the special period and until the end of the last it is stored:
- work place,
- average earnings at the enterprise, regardless of ownership, and natural persons – entrepreneurs, in which they worked at the time of conscription.
In this regard, the employer must issue an order dismissing the employee, must accrue the average salary to the mobilized employee, make the appropriate payment in the same manner as before, at the request of the employee, salary will be paid by power of attorney to another person (eg family member, etc. ), or to the bank card specified by the employee;
If the company in martial law provides a critical infrastructure of the settlement and meets the needs of the Armed Forces, other military formations, the population, the employer may book its employees and issue a deferral of conscription for military service during mobilization and military service. time.
To do this, the company (employer) applies to the relevant military administration with a written proposal to book a conscript (their list). Written proposals must be made in the prescribed form according to the resolution of the Cabinet of Ministers of Ukraine of March 3, 2022 № 194 “Some issues of reservation of conscripts under martial law” (as amended by the Cabinet of Ministers of Ukraine of March 7, 2022 № 218).
Thus, it should be agreed that the continuation of uninterrupted operation of enterprises, payment of taxes, provision of jobs and wages – is an effective and important part of the overall contribution to the approach of victory of the state.