Is the workplace of a mobilized employee preserved during service – when dismissal is possible
Employees who were called up for military service during mobilization or who signed a contract with the Armed Forces have the right to retain their workplace and position for the entire period of service. This guarantee is provided regardless of the form of ownership of the employer.
As explained by the Ministry of Defense, the workplace is preserved for employees of state, communal, and private enterprises, institutions, and organizations, as well as for those who worked in farming enterprises, agricultural cooperatives, or for individual entrepreneurs at the time of conscription.
To ensure the employer correctly registers the employee's status, one or more documents confirming military service must be provided:
- a summons or mobilization order;
- a certificate from the Territorial Recruitment and Social Support Center;
- an extract from the order of enrollment to the military unit;
- a military ID with a mark about conscription or contract signing.
After receiving the documents, the employer must issue an order to release the employee from work for the period of military service. This is not a dismissal from the enterprise.
The employer must also make the appropriate entries in the personal file and the work time record sheet.
During the service, the employment contract is effectively suspended: the employee does not perform civilian work but remains in an employment relationship with the employer. After discharge from military service, the employee has the right to return to their own or an equivalent position.
The employer does not have the right to dismiss an employee on their own initiative during military service. However, the law provides exceptions.
Dismissal is possible in cases of:
- complete liquidation of the enterprise;
- employee resignation;
- entry into legal force of a court verdict for certain serious crimes, including military ones.
If an employee is dismissed without such grounds, this may be a violation of labor law. In such a case, one can apply to the State Labor Service, file a lawsuit for reinstatement and compensation, and also receive assistance through the free legal aid system.
As previously reported by the Judicial and Legal Newspaper, since July 19, 2022, employees undergoing military service retain only their workplace and position. Employers are not obliged to pay average earnings. This decision was made by the Supreme Court in the ruling dated May 27, 2026, in case No. 642/1929/24.
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