How can an employer properly issue a mobilized person leaving the army

How can an employer properly issue a mobilized person leaving the army



On September 21, 2022, partial mobilization was announced in Russia. Many conscripts have already gone to the army, and the legislative base in this area continues to be updated with new regulations. Thus, a resolution of the Government of the Russian Federation was adopted on the preservation of jobs and all social and labor guarantees for the mobilized.

Recall what is the algorithm for maintaining the workplace of a mobilized worker, what payments are due to him and what documents the employer must issue for him.

Preservation of the workplace mobilized

The validity of employment contracts and work contracts with mobilized employees in accordance with the Government Decree is suspended, but not terminated. Corresponding changes were made to the section “Features of the legal regulation of labor relations in 2022-2023” (Decree of the Government of the Russian Federation of March 30, 2022).

“In order to suspend the employment contract, the employee must bring to his employer a copy of the summons from the military registration and enlistment office for conscription to serve in the army for mobilization. The decree on the preservation of jobs applies to all workers called up for mobilization from September 21, 2022, ”explains Anton Kotyakov, Minister of Labor and Social Protection of the Russian Federation.

To suspend the employment contract, the employer must issue an appropriate document - an order to suspend the employment contract. Based on this order, the accounting department must calculate the employee. That is, to accrue wages for all days worked, but not yet paid, without waiting for the date of payment of wages.

In an additional agreement, in addition to the order of the employer, there is no need to suspend the employment contract. It is enough only for the employer's order to suspend the employment contract on the basis of the summons.

In case of mobilization of an employee, the fixed-term employment contract is also suspended. If the employee is on probation, his employment contract will also be suspended if he is among the mobilized. If a citizen has already received a notice of reduction, but still continues to work, the employment contract of such a person is also suspended after receiving the summons.

At the time when the employment contract is suspended, the employee retains all social and labor guarantees, such as additional medical insurance, provision of a non-state pension, improvement of social and living conditions, etc.

At the end of military service, the employee will be able to return to work on the same terms - that is, the workplace for him is booked. In the case of mobilization of employees, the period of suspension of the employment contract is included in their length of service, however, the employer is not obliged to keep the employees' average earnings during this period.

What payments must the employer make?

The employer is obliged to make all payments due to the employee at the current moment, including salary, as well as other payments stipulated by the agreement of the parties to the employment contract, the collective agreement, the agreement of the parties to the social partnership.

For example, this can be travel expenses, one-time incentives and other payments, as well as additional payments related to holidays and anniversaries. This also includes food, financial and material assistance, additional amounts for the provision of annual leave to employees, payment for study leave and other payments due to employees.

Compensation for unused vacation days over 28 calendar days can be made at the request of the employee in accordance with the law. At the same time, the explanations of the Ministry of Labor do not mention compensation for the main unused vacation.

Preparation of notices and documents

The employer must submit information on the suspension of an employment contract with an employee due to his mobilization to the Pension Fund of Russia so that this period is taken into account in the seniority of this person. When paying pensions, the period of service in the army will be financed by the state, allocating funds for this. During the military service of an employee, insurance premiums for him are not charged to the employer. The employer is obliged to reflect the change in the status of the employee in the form of SZV-TD, and at the end of the year - in the form of SZV-STAZH.

In the time sheet, the suspension of the employment contract is marked with a code that the employer can choose independently by issuing an appropriate order for this. The codes "G" or "23" are usually used, which are used to mark "Absenteeism while performing state or public duties in accordance with the law." It should be remembered that when using these codes, the person retains the place of work and average earnings, and in the event of suspension of the contract, only the place of work.

What is due to the mobilized

Although employees of the personnel department of organizations and enterprises are not required to explain to the mobilized workers all the nuances of the call, as well as talk about guarantees and compensations, it is best to do this in order to avoid possible conflict situations and help the mobilized to navigate the flow of information.

It should be said that the monetary allowance of the mobilized is set in the amount of the monetary allowance of military personnel who serve under the contract. Conscripts have the right to dispose of payments at their discretion, including transferring them to family members. It is important to convey the information that mobilized citizens are subject to the Federal Law "On the Status of Servicemen" and are entitled to the guarantees provided for by this law. During mobilization, as we wrote above, the former place of work is retained for the entire period of service.

Be sure to inform that mobilized citizens receive local regional payments. Many constituent entities of the Russian Federation have already established additional monetary compensations for citizens called up during the period of mobilization. For example, in Moscow they will pay 50,000 rubles a month for the entire period of service, from 500,000 to 1 million rubles in case of injury, and 3 million rubles will be paid to family members of a serviceman in the event of his death. The corresponding decree was signed by Moscow Mayor Sergei Sobyanin.

Detailed official answers to emerging questions about partial mobilization can be found on the website of the Ministry of Defense of the Russian Federation, the Military Prosecutor's Office of the Russian Federation, as well as on the portal Explained.rf

Actual phones

Hotline for mobilization: 122.

Reference Ministry of Defense of Russia: 8 (495) 696-88-00.

Department of the Ministry of Defense of the Russian Federation for work with citizens' appeals: 8 (495) 696-12-32; 8 (495) 696-33-08.

Hotline for university students on issues related to partial mobilization: 8 (800) 222-55-71.

Commissioner for Human Rights in the Russian Federation: 8-800-707-56-67.



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