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Dismissal from work in case of mobilization – can a Russian be fired and what laws protect mobilized

The government is preparing additional measures to support citizens who fell under partial mobilization.

The government is preparing additional measures to support citizens who fell under partial mobilization.

A photo: Mikhail FROLOV

Government trains additional support measures citizens who fell under partial mobilization. This was reported Mikhail Mishustin in a meeting with his deputies on Monday. We tell you what will happen employment contracts those who are called.

1. The employment contracts of the mobilized will not be terminated, but they will be suspended. This will be done after the employee presents at work a copy of the summons from the military registration and enlistment office.

2. The employee’s workplace will be preserved, and after the service he will be able to return to it.

3. The validity of fixed-term employment contracts in case of mobilization of the employee is also suspended. At the same time, the decision to preserve jobs applies to all workers called up for mobilization from September 21, 2022.

4. Employment contracts will also be suspended for workers on probation. They will be able to return to work under the same conditions.

5. If the employee has already received a notice of reduction, but still continues to work, then upon receipt of the summons from the military registration and enlistment office, his employment contract will also be suspended, and not terminated.

6. Based on the order to suspend the employment contract, the accounting department calculates the employee: calculates wages for all days worked, but not yet paid, without waiting for the date of payment of wages. All due payments (including payments stipulated by the employment contract, collective agreement, agreement of the parties to the social partnership) the employee must receive by the time the employment contract is suspended.

7. Compensation for unused vacation days over 28 calendar days can be made at the request of the employee in accordance with the law.

8. In order to avoid a shortage of workers, the employer can accept another employee (in place of the mobilized one) under a fixed-term employment contract.

9. The mobilized workers will receive the status of military personnel, therefore they are provided with all the guarantees that military personnel have under the contract. Thus, the period of military service and other equivalent service is included in the length of service for the purpose of assigning an old-age insurance pension. In addition to the general insurance period, taken into account when assigning an old-age insurance pension on a general basis, the current pension legislation provides for a special length of service that gives the right to early retirement.

Now the Cabinet of Ministers is working on amendments to the lists of professions, positions and institutions, taking into account which the old-age insurance pension is assigned ahead of schedule. Voluntary participation in a special military operation will also be included in the length of service for the assignment of a pension.

10. As Deputy Prime Minister Tatyana Golikova said, the Cabinet of Ministers will establish additional social guarantees for mobilized families with children under 14 years old. Thus, family members of the mobilized cannot be involved in overtime, night work, work on weekends and non-working holidays, business trips;

MORE RELATED

Payments of 300 thousand rubles and other benefits for mobilized: two bills were submitted to the State Duma at once

Benefits may relate to one-time payments, credit holidays and labor guarantees for those called up for military service (details)

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