05.06.2017.
The rights of employees in fulfilling their military service obligation
Regarding different interpretations of the rights of conscripts, with the aim of accurate and objective public information, we emphasize that the protection of employees in the execution of their military service obligations in accordance with the legislation has not changed.
The Law on Defence governs, among other things, the rights and duties of government bodies, autonomous provinces, local self-government units, citizens, companies, other legal entities and entrepreneurs in the area of defence.
Mechanism for the protection of individuals in reserve forces while fulfilling their conscription obligation is set forth in provisions of Articles 67 and 68 of the Law on Conscription, Compulsory Labour and Requisition that provide for reimbursement for carrying out conscription obligation. In particular, Article 70 prescribes that employment shall not be terminated for a member of the active reserve due to his engagement in military service nor shall he be in unequal position in regard to other employees when the rights related to his employment are concerned.
In case that the employer terminates the employment contract with an individual in reserve forces, after he completed his military service obligation (participation in a military exercise lasting several days) to which he/she duly responded on invitation by competent MoD centre, due to his taking military leave to participate in military exercise, the person is entitled to notify the MoD centre that sent him to exercise.
Acting on the individual's application, The Ministry of Defence will, in cooperation with the line ministry competent in terms of labour and employment, consider allegations of the application and take appropriate measures.
Additional information:
Labour Law stipulates that the employment relation shall be established by an employment contract concluded between an employee and an employer and may be concluded either for a definite or indefinite period of time. Article 79 of the Labour Law stipulates that rights and duties of an employee acquired at work and on the ground of work shall stay, should he be absent from work due to, among other things, leaving for serving in the military and/or completing such service.
In addition to other statutory elements, the employment contract contains type of employment (for an indefinite or definite period of time), duration of the employment contract for a definite period of time and the reasons why such employment was concluded.
An employee shall be entitled to compensation of earnings in the amount of average earnings for the 12 preceding months, in conformity with the general act and employment contract, among other situations prescribed, for the time of the military exercises.
Unless otherwise determined by law, an employer shall be entitled to refund of the compensation paid out in case of employee's absence from work due to military exercise or responding to summons of a state agency - from the agency whose summons was responded by the employee.
Reimbursements for carrying out conscription obligation:
- An individual in reserve forces who is employed and who has been called up to do service in reserve force is entitled, for the period of that service, to reimbursement in the amount of average income in preceding three months prior to call up if not stipulated differently by separate law.
- An individual in reserve forces who operates own registered business or performs other professional job is entitled to reimbursement in the amount equivalent to the basis for which he pays contribution for own social insurance for the time he spent in reserve force.
- Unemployed individual in reserve force or the one who is not operating own registered business or other professional job, registered farmer as well as an individual in the reserve forces who receives pension or allowance for unemployed is entitled to reimbursement for the time spent in reserve forces in the amount prescribed by the Government.
- An individual in reserve forces called up for exercise is entitled to meals and accommodation free of charge if the exercise lasts for more than eight hours.
- Amount and manner of reimbursement payment for carrying out conscription obligation is prescribed by the Government on the grounds of Minister of Defence proposal.
