On December 19, 2016, Resolution of the Cabinet of Ministers of Ukraine No. 921 "On Approval of the Procedure on Organization and Maintaining Military Records of Conscripts and Reservists", dated December 7, 2016, came into effect (the "Procedure").
The Procedure, among other things, establishes: (i) the main obligations of employers with regard to maintaining military records (the "Records") of conscripts and reservists ("Employees on Record"); (ii) the forms of documents for the Records; and (iii) a list of the issues that can be checked during relevant audits.
Persons responsible for the Records
According to the Procedure, a person responsible for the Records should be appointed (the "Responsible Person") by every employer depending on the number of Employees on Record. In particular:
- if the number of Employees on Record is less than 500, the responsibility for maintenance of the Records should be placed on an officer from the HR department (with additional compensation);
- if there are more than 500 Employees on Record, a separate Responsible Person should be appointed (which requires establishment of the relevant position); and
- if there are more than 2,000 Employees on Record, several Responsible Persons should be appointed.
The employer must notify the relevant military commissariat about the appointment, transfer or termination of any Responsible Person(s) within seven days.
Obligations of employers
Employers must: (i) at the time of hiring, verify whether the new hire has valid military registration documents; (ii) verify whether the information in the personal cards of the employees matches the records of the military commissariats with which such employees are registered; and (iii) update the personal cards of the employees if there are changes concerning their marital status, place of residence, education, job title, etc.
Also, if the employer is ordered by the military commissariat to notify the Employees on Record that they must come to the military commissariat (for instance, for military service or training), the employer must also notify the military commissariat in writing which individuals have disregarded the order and failed to arrive to the military commissariat.
Audits of maintenance of the Records
In the course of an audit, the following can be verified:
- accuracy and completeness of the Records; and
- timeliness of updating the personal cards of the employees and of notifying the military commissariat regarding relevant changes, etc.
In addition, certain HR documents may be examined, particularly the documents on the appointment of Responsible Persons and their remuneration, as well as on the hiring and termination of Employees on Record, the number of personnel protected from mobilization, etc.
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By way of a reminder, Records must be maintained by all employers, regardless of the industry and whether private or state owned.
By Lina Nemchenko, Partner, and Mariana Marchuk, Counsel, Baker McKenzie
