Due to the help of defenders the man managed to return to his beloved work and to receive financial compensation for the forced absence.
A resident of the city of Lyuboml of Volyn region Anatoly Karpenko* turned to Kovel office of the Legal Development Network for advice. Since September 2013 he taught choreography at a local school. In April 2015 he received the draft notice to go to the Armed Forces of Ukraine. The teacher reported it to the headmaster and the head of the District Education Department.
The head of the Department noted that Karpenko should submit a letter of resignation in connection with the draft notice on the basis of paragraph 3 of article 36 of the Labor Code of Ukraine.
As Anatoly was not aware of the intricacies of labor law and trusted his leadership, he wrote a statement asking to dismiss him from his post. On the same day by order of the Regional Department of Education the teacher was dismissed from school in connection with the conscription.
In May Anatoly took the oath and began his service in the army. However, he later learned from his colleagues that his dismissal was illegal.
During the service the man turned to the Department of Education with a request for reinstatement to his former position in school. But Anatoly was refused, which led him after demobilization to the specialists of the Volyn regional civic organization "Center of Legal Aid".
The lawyer of the Center Nadia Klimuk explained Anatoly that, indeed, military service is grounds for dismissal. However, section 3 of article 36 of the Labor Code contains an exception – "except in cases where the employee retains the place of work, position in accordance with article 119 of this Code".
"The provisions of part 3 of article 119 of the Labor Code of Ukraine provides that employees that are called up for military service, military conscription during mobilization for the special period or accepted on military service under the contract until the date of actual demobilization, retainplace of work, position and average salary in the enterprise, institution, organization," said Nadia Klimuk.
The lawyer helped Anatoly prepare a statement to the court to set aside the order of dismissal and recover average earnings since the decree was adopted with violation of norms of current legislation of Ukraine, which guarantees the preservation of a workplace and average wage for employees called up for military service.
During consideration of Anatoly’s case the parties managed to reach a compromise, therefore, in October 2016 the court approved the settlement agreement between the parties: the teacher is reinstated, and the Department of Education compensates for his average earnings in the amount of 14 thousand 937 UAH 50 kopecks.
*Names are changed for ethical reasons.
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