Author: Stanislav

The return of a demobilized employee to work requires the employer to strictly adhere to legislative guarantees. With a negligent approach, the enterprise risks violating the labor rights of the former serviceman and facing disputes.

Below is a step-by-step algorithm of actions and legal nuances.

1. Guarantee of Job and Position Retention
   According to Art. 119 of the Labor Code of Ukraine, employees conscripted for military service during mobilization or a special period retain their workplace and position for the entire duration of service or until actual discharge. Judicial practice confirms that these guarantees begin to operate from the moment the employee is accepted for military service.
2. Organization of Return to Work After Demobilization
   After discharge from service, the employee must contact the former place of work and agree on their return. It is recommended that the employer issue an administrative document (order) on the employee’s admission to work, as well as an order on ensuring the specified guarantees (retention of place, position). If another person worked in their position under a fixed-term employment contract during the absence, the legal situation should be clarified: under the rules of Part 3 Art. 119 of the Labor Code, the main employee has the priority right to return, and the fixed-term employee may be dismissed if this is specifically provided for by law or contract.
3. Document Verification
   Upon return, it is worth asking the demobilized employee to provide a military ID ticket or another document confirming the date of discharge from service. This is necessary to fix the start of the guarantee period and correctly calculate time for future rights (for example, for seniority).
4. Working Days, Timesheets, and Disciplinary Aspects
   If the employee does not appear on a working day immediately after demobilization, the fact of their absence should be documented (for example, an act).
   Upon return, the employee can provide an explanation, and the employer can adjust the timesheet: days of “non-appearance” can be changed to codes “I” (other valid reasons) or “PR” (absenteeism), depending on the circumstances. In case of unjustified prolonged absence without explanation, disciplinary penalties may be applied, but this is a right, not a duty of the employer.
5. Familiarization with Working Conditions
   Before starting work, a safety briefing should be conducted if provided for by the internal rules of the enterprise. The demobilized employee must be familiarized with the current internal labor regulations, changes in safety policy, as well as with new procedural documents that may have been updated during their absence.
6. Insurance Seniority, Vacations, and Other Social Guarantees
   The time of military service is counted towards the employee’s insurance seniority, which affects pension and social payments.
   Regarding vacations: the employee has the right to compensation for unused days of annual basic or additional leave (subject to submission of a relevant application). Also, the law provides for the right to leave without pay (up to 60 calendar days) during the first year after reinstatement at work following demobilization.
7. Updating HR and Accounting Records
   The employer should update HR documents: in the order on return to work, record the date, position, and conditions. It is necessary to make appropriate adjustments to accounting records to resume salary accrual from the date of reinstatement. When maintaining the labor book, the period of service must also be taken into account if determined by internal rules and regulatory acts.

 

Conclusions
• The employer is obliged to reinstate the demobilized employee in their previous workplace and position, adhering to Art. 119 of the Labor Code.
• Upon return, document verification, issuance of orders, timesheet management, and processing of HR documents are mandatory.
• It is necessary to take into account insurance seniority, the right to vacations, and the possibility of granting unpaid leave.
• Competent documentary processing of all stages of return reduces the risks of labor conflicts and legal disputes.

The Ministry of Justice of Ukraine has published a clarification regarding the practical aspects of concluding contracts in electronic form, drawing attention to exactly how such transactions acquire legal force and what requirements business entities must consider.

Legal Basis and Status of an Electronic Contract
An electronic contract is equated to a contract concluded in written form, provided that the requirements of the Law of Ukraine “On Electronic Commerce” and the norms of the Civil Code of Ukraine are met. An electronic transaction, like a regular written one, is aimed at establishing, changing, or terminating civil rights and obligations and has full legal force provided that the parties are properly identified.

Form and Content of an Electronic Contract
A contract can be formalized: as a separate electronic document; by exchanging electronic messages or confirming actions in the relevant information and communication system (for example, on the seller’s web platform).
Regardless of the method of conclusion, the contract must define all essential conditions of the specific type of transaction: subject, price, scope of obligations, deadlines for performance, etc. For electronic contracts, it is additionally advisable to specify the procedure for conclusion, the type of electronic signature, the procedure for exchanging documents, the mechanism for making changes, and the rules for storing electronic data.

Signing and Confirmation of Will
The law provides for several ways to certify a contract:
• qualified or advanced electronic signature;
• electronic signature with a one-time identifier (confirmation code, OTP);
• an analog of a handwritten signature (facsimile) — provided there is a written agreement of the parties on its use.
It is the means of signing that ensures the identification of the parties and confirms their agreement with the terms of the contract, so the Ministry of Justice recommends using the most reliable electronic tools — primarily QES (Qualified Electronic Signature).

Conclusion Procedure: Offer and Acceptance
An electronic contract is considered concluded after the acceptance of the proposal. An offer can be an electronic message, placement of conditions in the system, or another method provided by law.
Acceptance can be expressed through:
• electronic signature;
• filling out a form or confirming actions on a web resource;
• other electronic actions, if they clearly indicate consent.
After accepting the proposal, the person must receive confirmation of the fact of concluding the contract — an electronic document, check, or receipt.

Use of Electronic Evidence
Electronic contracts signed with a QES or other permitted means of identification can be submitted to court as proper and admissible evidence. Procedural legislation explicitly recognizes electronic documents and metadata of electronic systems as evidentiary materials.

Practical Recommendations for Parties
To avoid disputes, the Ministry of Justice advises:
• recording all stages of contract conclusion and communication;
• keeping technical logs, acceptance notifications, signature certificates;
• clearly describing signing and amendment procedures;
• using verified electronic identification tools.

From 01.01.2026, large-scale changes in the sphere of employment of persons with disabilities will come into force. They are introduced by the Law of Ukraine dated 15.01.2025 No. 4219-IX, which significantly changes the rules for fulfilling the quota, the procedure for accounting for such employees, and the mechanism of employer liability. The new requirements become stricter, but at the same time replace the old system of fines with a more transparent mechanism — a targeted contribution.

Employment Quota: Key Innovations from 2026
The main change is the transition from annual control to quarterly control. Employers will no longer be able to “catch up” on indicators at the end of the year: each quarter is evaluated separately.
From 2026, the quotas will be:
• from 8 to 25 employees — one workplace for a person with a disability;
• over 25 employees — 4% of the average staff number per quarter;
• healthcare institutions, rehabilitation, and educational organizations — 2%.
The indicator is determined based on the average number of employees according to the rules of Instruction No. 286. Employees engaged in work from the Lists of heavy, harmful, or dangerous working conditions are not included in the calculation.

Who Counts Towards the Quota: New Salary Requirements
Currently, the fact of a person with a disability being on staff at their main place of work is sufficient — regardless of the amount of time worked or the salary amount.
From January 1, 2026, this approach changes: an employee with a disability will be counted towards the quota only on the condition that their accrued salary exceeds the minimum wage for a fully worked month.
That is, employees with part-time work, low salaries, or zero accruals will not be included in the quota.
Example: if the salary is UAH 10,000 for 0.5 FTE, the salary will be UAH 5,000, which is less than the minimum. Such an employee is not counted. The employer needs to either increase the salary or otherwise ensure the minimum wage is exceeded.
This effectively makes the practice of “hiring for show” impossible.

Targeted Contribution Instead of Fines
Administrative-economic sanctions, which were collected for many years for non-fulfillment of the quota, are abolished. Instead, a targeted contribution to support the employment of persons with disabilities is introduced, which is paid only in case of non-fulfillment of the quota.
Contribution formula: 40% of the average monthly salary × number of months in the quarter × (shortage of employees with disabilities).
During the period of martial law, a reduced coefficient applies — 50% of the base contribution.
Late payment of the contribution entails a fine: 7% — for late transfer; 10% for each period in case of additional accrual after an inspection (but not more than 50%). Approval of a separate procedure for calculation and administration of the contribution is expected.

Return of Reporting
Despite the previous cancellation of the F4-FSSI report, employers will have to report again.
From 2026, a report on the accrual and payment of the targeted contribution is introduced, which will be submitted to the Pension Fund together with the deadlines for reporting on the Unified Social Contribution (ESV).
For failure to submit or lateness, a fine is provided — UAH 170.
The report form must be approved by a separate regulatory act.

Practical Recommendations for Employers
To avoid unnecessary expenses in 2026, it is advisable to:
• check the average number of employees per quarter;
• analyze the salaries of employees with disabilities and adjust them if necessary;
• review HR policy to avoid a shortage of the required number of workplaces;
• monitor the appearance of the approved procedure for paying the contribution and the reporting form.

Conclusion
From 2026, the rules for the employment of persons with disabilities become more structured and demanding. Quarterly control, the salary criterion, and the mandatory targeted contribution stimulate employers not to formally “close” the quota, but to ensure real employment and decent working conditions. Proper preparation for the new requirements will allow avoiding financial losses and liability.

The introduction of the student employment contract, provided for by the Law of Ukraine “On Vocational Education” dated 21.08.2025 No. 4574-IX (hereinafter – the Law) and the updated Art. 21 of the Labor Code of Ukraine (KzPP), has created a new format of cooperation between employers and education seekers. Such a contract combines the student’s studies with real labor activity by profession and allows enterprises to attract future specialists even during their studies. However, it is important for the employer to correctly formalize all stages and take into account specific legislative requirements.

1. Who can be parties to the contract
   A student employment contract is concluded between an education seeker — a student, cadet, or listener of a vocational education institution — and an employer. The subject of the contract is the performance of labor functions within the educational program, particularly within the framework of the dual form of education.
2. Duration of the contract
   The Law explicitly defines limitations: the term of a student contract cannot exceed the term of study. After the completion of the educational program, the contract terminates automatically.
3. Main stages of formalization
   Before concluding an employment contract, the employer and the educational institution sign a cooperation agreement regarding practical training. Next, the student submits an application for employment, the employer issues an order and concludes a written student employment contract. As with regular employment, it is necessary to notify the State Tax Service and conduct safety briefings.
4. Conditions that must be defined in the contract
   – job title and labor functions in accordance with the educational program;
   – work schedule, coordinated with the study schedule;
   – term of the contract and grounds for termination;
   – amount of remuneration (not lower than the minimum).
   The Law establishes guarantees: the employer must ensure working conditions in accordance with labor safety legislation, and the use of students for work not related to the educational program is prohibited (Art. 17 of the Law). Remuneration for work performed is paid on the basis of the employment contract.
5. Features of the work regime and guarantees
   A student cannot be engaged in overtime work on study days (Art. 63 of the Labor Code). Periods of study may be counted towards the length of service granting the right to leave (Art. 82 of the Labor Code). Learning results are taken into account when upgrading qualification ranks (Art. 203 of the Labor Code).

Conclusion
A student employment contract is a tool that allows an employer to invest in personnel training while simultaneously adhering to special rules that protect the rights of the education seeker. A properly drafted contract minimizes risks and ensures transparent, legal labor relations.