Is the salary at the place of work for the military serviceman kept?

Previously, according to the legislation, the salary of military personnel was kept at the place of work. On July 19, 2022, changes were made to the Labor Code of Ukraine, in particular to Art. 119. It states that for conscripts, mobilized or those who serve under a contract, only the workplace and position are preserved.

That is, according to the changes, the legislation of Ukraine does not provide for the preservation of the average salary, regardless of when employees were mobilized or signed a contract.

The Ministry of Economy does not provide for the preservation of the average salary, regardless of when employees were mobilized or signed a contract: until the entry into force of the new version of Art. 119 or after.

This law is not retroactive in time. That is, if employees were drafted, mobilized or signed a contract for military service before the changes in Art. 119 and the average earnings were kept after them.

If you do not agree with this position of the employer, you can file a lawsuit in court. But this will be a separate trial.

But there is also such a thing, if the employer has stipulated in the collective agreement the condition of maintaining the average salary of the employees drafted (accepted) for military service, then the average salary can be kept at the place of work. Since Art. 9 note 1 of the Labor Code allows the employer, within the limits of his authority and at the expense of his own funds, to establish additional labor and social welfare benefits for employees compared to the legislation.