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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.