Contract with the Armed Forces of Ukraine: What Labor Guarantees Does the Employee Have and What Must the Employer Do
Signing a contract for military service is a legal basis for releasing an employee from work. However, the notification of signing the contract alone is not enough — the employer must receive official documentary confirmation of the start of military service. This was reported by the Volyn Regional Territorial Center for Recruitment and Social Support.
When the employer can process the release
After receiving documents confirming the start of military service, the HR department has the right to issue an order releasing the employee from work and apply the labor guarantees provided by law.
Without documentary confirmation, the employer cannot make such a decision.
Which documents confirm military service
To process the release, the employee can provide one of the following documents:
- a military registration document with the appropriate marks;
- a certificate of military service;
- an extract from the order of the commander of the military unit about enrollment in the personnel list;
- a copy of the military service contract.
Any of these documents is a valid basis for processing HR documents.
Is oral notification sufficient
The Volyn Regional Territorial Center for Recruitment and Social Support emphasizes that oral notification of signing the contract is not sufficient.
If the employee only informs the employer about signing the contract but does not provide any document confirming the start of military service, an order for release cannot be issued. The law requires documentary confirmation.
What guarantees does the employee have
According to Article 119 of the Labor Code of Ukraine, for an employee serving under a military contract:
- the job position is retained;
- the workplace is retained;
- labor relations are not terminated.
At the same time, after amendments to the legislation, the employer is no longer obliged to pay the average salary during the period of military service unless otherwise provided by a collective agreement, employment contract, or internal company documents.
What actions must the employer take
After processing the release, the HR department must:
- issue an order releasing the employee from work;
- make the appropriate entries in the work time record;
- update military registration information;
- attach the confirming documents to the employee’s personal file.
What is important to remember
Signing a contract with the Armed Forces of Ukraine by itself is not sufficient grounds for HR processing.
The employer has the right to issue an order releasing the employee only after receiving an official document confirming the start of military service. This ensures the correct application of labor guarantees and protects the rights of both the employee and the employer.
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