Last changes in legislation gave opportunity to the fighters of anti-terroristic operation to be restored at work after they return from war. Lviv resident Dmytro Nechepuruk returned to work because of that.
Dmytro worked at small private business. In April he received a draft notice. Though he has wife and daughter, he did not reject his obligation to the country. He came to the military commissariat, and was sent to military trainings shortly after. He went to ATO zone afterwards. Of course, he was fired from work after military draft.
In August, the man returned from the war and started restoring his life. He came to the Community Law Center of public organization “Association of human rights activists of Ukraine” to learn whether he can get his work back.
The Center’s lawyers told Dmytro that in April when he was draft there was no law according to which the place of work and position are saved. That is why an employer fired him. However, on June 8, the changes to the legislation appeared, according to which if employees are drafted, they retain their place of work, position and their average salary is compensated from the budget.
After lawyer’s consultations, Dmytro Nechepuruk told the employer that he would like to be renovated on his place of work. However, the director declined and explained that he has already hired another specialist.
After unsuccessful attempt to find a job, lawyers helped Dmytro to file an appeal to the territorial state inspection on labor and to the director. He asked to conduct a revision of business and to cancel the order on the discharge from his place of work. As the result, he was quickly restored. The lawyers’ arguments are presented in the reference. Every soldier should be able to protect his rights using the following legal norms.
The changes to the article 1199 of Labor Code of Ukraine entered into force on June 8, 2014. According to them, if the person is drafted, their place of work and position are retained, and their average salary is compensated from the budget. If the person was fired, he should be restored. To restore violated rights, an appeal should be written to the territorial state inspection on labor and to the director of the enterprise.
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