Employee at DFTG, what should the employer know?

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28.06.2023 10:26 523

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Photo of lorina200215 Lorina Fedan

A citizen of Ukraine who meets the requirements specified in the relevant law and has entered into a territorial defense volunteer contract in accordance with the form approved by the order of the Ministry of Defense of March 7, 2022 No. 84 "On approval of the form of territorial defense volunteer contract and certificate of territorial defense volunteer" can be a member of the voluntary formation of the territorial community. defense" (https://zakon.rada.gov.ua/laws/show/z0307-22#Text).

This order states that SUCH EMPLOYEE IS EXTENDED TO THE GUARANTEES SET FORTH In Art. 119 of the Labor Code of Ukraine. During the performance of state or public duties, if under the current legislation of Ukraine these duties can be performed during working hours, employees are guaranteed the preservation of their place of work and position (Part 1 of Article 119 of the Labor Code of Ukraine).

Taking into account the specifics of the service in the Defense Forces, which may involve not permanent, but periodic involvement of the employee in the performance of such duties, the employer in each specific case should proceed from the level of involvement of the employee in participation in the defense, the amount of working time that the employee spends on this activity , and the effectiveness and ability to perform his duties under the employment contract.

That is, it is NOT necessary to issue an order to dismiss an employee from performing work under an employment contract.

If the employee is in the DFTG part-time, then you need to calculate the average hourly salary.

28.06.2023 11:18

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