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Can an Employee Wanted by the TCC Be Hired: Explanation from the State Labor Service
An employer can conclude an employment contract with a person liable for military service who is wanted for violating military registration rules, but only under certain conditions.
The State Labor Service was asked: Does an employer have the right to hire a person who is wanted for violating military registration rules?
Yes, they do, provided the employer is classified as an enterprise, institution, or organization that is critically important for ensuring the needs of the Armed Forces of Ukraine, other military formations created in accordance with the laws of Ukraine, or the functioning of the economy and ensuring the livelihood of the population in a special period in the sphere of the defense-industrial complex.
Corresponding changes were made to the Law of Ukraine dated 15.03.2022 No. 2136-IX “On the Organization of Labor Relations Under Martial Law” (hereinafter – Law No. 2136).
In particular, Article 2 of Law No. 2136 was supplemented with a third part.
Thus, it is provided that when concluding an employment contract with military-liable employees at enterprises, institutions, and organizations that are critically important for ensuring the needs of the Armed Forces of Ukraine, other military formations created in accordance with the laws of Ukraine, or the functioning of the economy and ensuring the livelihood of the population in a special period in the sphere of the defense-industrial complex, the probation period upon hiring cannot exceed 45 calendar days for any category of employees.
In order to promptly involve new employees in the performance of work, as well as to eliminate personnel deficits and labor shortages, such enterprises, institutions, and organizations have the right, during the probation period upon hiring, to conclude employment contracts with military-liable employees:
- • who lack or have improperly processed military registration documents;
- and/or
- • who are not on military registration;
- and/or
- • who have not updated personal data specified in subparagraph 1 of paragraph 2 of section II “Final and Transitional Provisions” of the Law of Ukraine dated 11.04.2024 No. 3633–IX “On Amendments to Certain Legislative Acts of Ukraine Regarding Separate Issues of Military Service, Mobilization and Military Registration”;
- and/or
- • who are wanted for violation of military registration rules, legislation on defense, mobilization preparation and mobilization.
In this case, it will not be considered a violation by officials of enterprises, institutions, and organizations of the legislation on defense, mobilization preparation, and mobilization.
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