The Ministry of Labor explained to employers what to do in case of mobilization of employees

The Ministry of Labor has prepared materials explaining to employers the rights of citizens who have fallen under partial mobilization. The department reminds that it is impossible to dismiss a mobilized employee. For the duration of the service, the employment contract will be suspended, and the employer must keep the job.

“To suspend an employment contract, an employee needs to bring a summons from the military registration and enlistment office on conscription for military service for mobilization (or provide the employer with a copy of the summons if the employee has already been called up). Remote workers and workers participating in electronic document management send a scan of the agenda to the employer in the order of document management established by the organization, ”the document says, published on website Ministry of Labor.

If an employee passes a probationary period, then in the event of a call-up, his employment contract will also be suspended. A similar decision must be made if the employee has already received a reduction notice, but continues to work for the company. A fixed-term employment contract must also be suspended.

To suspend an employment contract, the employer issues an appropriate order; it is not necessary to conclude an agreement with the employee. Based on the order, the employer makes all payments, including wages for all days worked but not yet paid, as well as “other payments provided for by the employment contract.” Later, the employee can receive bonuses and other payments made for a certain period (for example, based on the results of a quarter or year).

“If the employer refuses to cancel the dismissal order and issue an order to suspend the employment contract, the employee (or his authorized representative) has the right to file a complaint against him with the prosecutor’s office. All employees called up for mobilization from September 21, 2022 can return to the workplace under the same conditions. During the suspension of the employment contract, the employer may enter into fixed-term employment contracts and hire temporary employees,” the Ministry of Labor noted.

Since September 21 in Russia by decree of Vladimir Putin announced partial mobilization. Mintsifry amounted to a list of 195 specialties in the fields of IT and communications, for which a deferment from mobilization is recommended. By data Kommersant, pilots, air traffic controllers and sailors have already lined up to receive a deferment. Business Ombudsman Boris Titov proposed release from the mobilization of the heads of industrial enterprises.

About measures to support the mobilized – in the material “Kommersant” “Motivation to mobilize”.

Laura Keffer