Military Records Compliance for Businesses: Preparing for Territorial Centres of Recruitment Inspections

In the context of the ongoing war, changes to legislation regarding mobilization and military service records have become increasingly important for businesses employing individuals subject to military duty. For the third consecutive year, regulations related to mobilization are being updated regularly, posing new challenges for employers. This issue has become especially relevant due to the recent suspension of the ability to reserve military personnel through the Diia platform until November 15, 2024, as well as restrictions on obtaining "critical enterprise" status (except for businesses securing this status through a ministry).

The primary purpose of these changes is to audit businesses that have obtained critical enterprise status. These audits, conducted with the involvement of Territorial Centres of Recruitment, also aim to ensure compliance with military record-keeping rules. Accurate and compliant military record-keeping is crucial not only for businesses that have already reserved employees but also for those planning to do so. Additionally, recent increases in penalties for violations or improper maintenance of military records have significantly raised the risks for employers.

Despite the availability of detailed guidelines, business leaders often face challenges in organizing military records, and questions about this process are becoming increasingly frequent. One of the most pressing concerns is: how to prepare for inspections by Territorial Centres of Recruitment? Even minor errors can lead to legal repercussions and significant financial losses. The main cause of these difficulties is a lack of understanding of the complexities of military record-keeping, compounded by frequent changes to the requirements. These updates are often communicated to businesses neither clearly nor promptly.

In this article, we’ll cover how to maintain military records correctly and prepare your business for Territorial Centres of Recruitment inspections. You’ll learn how to minimize risks and ensure proper compliance with military record-keeping obligations. If you need more than just information and are seeking practical support, we’ll also explain how we can assist you in navigating this process.

You might also like: How to Maintain Military Records at Your Business in 2024

Preparing Your Business for Military Records Compliance: Practical Guidelines

To successfully pass an inspection by the Territorial Centres of Recruitment, employers must strictly follow the procedures for maintaining military records for all employees, including both full-time staff under employment agreements and part-time employees. Here’s what you need to do to pass the inspection by a Territorial Centre of Recruitment.

1. Prepare, sign, and register employee military records and operational records (as of January 1, 2024).
2. Appoint/reassign a person responsible for maintaining military records, and ensure timely submission of notifications. They must be filed within seven calendar days from the date of issuing the order of appointment. Keep in mind that these are calendar days, not business days, and the day the order is issued is excluded from the count. If a notification was not submitted on time, it should be filed as soon as possible. There’s no need to wait for a specific date. Notifications, as outlined in Appendix 1, must also be submitted when one person ceases to oversee military records, and the responsibility is reassigned to another. Even if the employee remains with the company and only the duties are transferred, the Territorial Centre of Recruitment must be informed of the change.
3. Evaluate the need for professional training for the responsible person and establish an additional payment. According to labour regulations, additional compensation for maintaining military records is required only if these responsibilities are not included in the individual’s official job description. However, in practice, Territorial Centres of Recruitment often treat this as a mandatory requirement. Therefore, an additional payment for military record-keeping is typically required for the responsible person. Inspections by Territorial Centres of Recruitment often prioritize checking for the presence of this payment and ensure its proper implementation.
4. Display the military records rules in a visible and accessible location, such as on a bulletin board or a public stand. This often raises questions. Can the rules be provided as a printed copy during employee onboarding instead of being publicly displayed? There is a risk that inspectors may interpret this as non-compliance with the requirement to have the Military Records Rules “prominently displayed in publicly accessible areas.” Such an interpretation would be considered a violation and could lead to sanctions. Is it acceptable to post the Military Records Rules exclusively on the corporate website? This is allowed only if all employees who are conscripts, reservists, or liable for military service work remotely. In other cases, inspectors may regard this as a failure to meet the requirement to have the Military Records Rules “prominently displayed in publicly accessible areas.”
5. Establish a schedule for reconciling military record documents with the data in the personal military records lists.
6. Familiarize employees subject to military duty with the Military Records Rules under signature.
7. Verify the availability and accuracy of copies of military record documents. Employees must provide copies of their military record documents, which should be stored in their personal files and the company’s records. Both paper and electronic formats of military record documents have the same legal validity. However, if a document is in electronic form (including printed versions), it must include a QR code for verification.

You might also like: Obtaining Critical Infrastructure Status and Reserving Employees: The Experience of a Kyiv IT Company

How Often Are Military Records Inspections Conducted at Businesses?

Inspections by Territorial Centres of Recruitment can be either planned or unplanned, and their frequency depends on specific circumstances related to the military situation and the presence of employees subject to military service. Unplanned inspections are usually triggered when a business employs reserved workers or individuals who have received mobilization orders. However, Resolution No. 1487 does not specify a fixed schedule for such inspections, making their occurrence unpredictable. This uncertainty underscores the critical need to maintain proper military record-keeping at all times. As mentioned earlier, unexpected inspections can result in significant consequences if compliance issues are discovered.

Scheduled inspections of military record-keeping at enterprises are conducted according to pre-approved schedules formed based on directives issued by district administration heads, the Kyiv city administration, and city mayors. The frequency of inspections by Territorial Centres of Recruitment is generally as follows:

1. Annually – if the enterprise has reserved employees or if an employee has been issued a mobilization order.
2. Once every four years – for other enterprises.

Understanding the frequency of inspections is only part of the preparation required for enterprises to effectively interact with Territorial Centres of Recruitment. It is equally important to know which documents and processes will be subject to scrutiny during these inspections.

What Does the Territorial Centre of Recruitment Inspect at an Enterprise?

During an inspection, the Territorial Centre of Recruitment may request a variety of documents to confirm that military records are being maintained correctly at the enterprise. Key documents typically reviewed include:

• The staffing schedule of the enterprise and the order approving it.
• The order appointing the person responsible for maintaining military records, along with their job description.
• The order requiring professional training for the responsible person.
• Proof of submission of mandatory notifications to the Territorial Centre of Recruitment.
• Lists of employees subject to military record-keeping.
• Copies of employees' military registration documents.
• Documentation confirming that employees have been informed of the Military Records Rules.
• A schedule for reconciling employee records with their military registration documents.
• The operational record log.
• The inspection results log.

Providing these documents is a crucial part of the inspection carried out by the Territorial Centre of Recruitment at an enterprise. Additionally, the Territorial Centre of Recruitment assesses the validity of existing exemptions and the number of reserved employees. This process involves verifying the presence of relevant lists of positions and specialities eligible for exemption. The key focus is on the proper documentation of exemptions and maintaining the required reporting records to confirm compliance with all reservation requirements.

Common Violations Identified During Military Record Inspections

Based on the experience of businesses that have undergone inspections by Territorial Centres of Recruitment, the following are the most frequent violations uncovered during audits of military record-keeping:

• Non-compliance with military record-keeping requirements.
• Hiring employees without verifying military registration documents (in either electronic or paper form).
• Failure to appoint a responsible person for military record-keeping or missing documentation confirming their appointment.
• Failure to prepare lists of employees subject to military registration or maintain an inspection results log.
• Insufficient employee awareness of military record-keeping regulations.
• Failure to submit required notifications to the Territorial Centre of Recruitment regarding the reporting obligations of conscripts and reservists.

These violations undeniably lead to negative consequences for businesses. This underscores the importance of promptly identifying and rectifying any deficiencies in military record-keeping to reduce risks and protect your company.

Post-Inspection Actions: Military Records Inspection Results Log

The results of a Territorial Centre of Recruitment inspection are recorded in a dedicated log of military records inspection results. This log documents the decision made by the enterprise’s management regarding the elimination of identified violations. After implementing all necessary corrective measures, the person responsible for maintaining military records must update the log to reflect the resolution of the issues. Furthermore, within 30 calendar days of receiving the inspection report, the enterprise is required to notify the head of the Territorial Centre of Recruitment and the officer who conducted the inspection about the actions taken to address the identified deficiencies.

Legal Support for Military Records Inspections

The legal firm "Pravova Dopomoga" offers professional services to help businesses organize and maintain military records in full compliance with legislative requirements. Their expertise ensures proper preparation for inspections by Territorial Centres of Recruitment while minimizing associated risks.

1. Comprehensive Analysis of Military Records Compliance. We conduct a thorough audit of your enterprise’s current military records, reviewing documentation and ensuring compliance with legal requirements. Our approach helps identify potential violations or deficiencies before a Territorial Centre of Recruitment inspection, reducing the risk of penalties.
2. Document Preparation and Maintenance. Our team manages the entire process of preparing and maintaining military record-keeping documents, ensuring they meet all regulatory standards.
3. Preparation for Territorial Centres of Recruitment Inspections. We assist in preparing for inspections by the Territorial Centres of Recruitment. Beyond reviewing your documentation, we simulate potential questions that may arise during the inspection and help you avoid common mistakes.
4. Violation Resolution Post-Inspection. If violations are identified during an inspection, we help you promptly address them and protect your enterprise's interests when dealing with regulatory authorities.
5. Ongoing Support and Guidance. We monitor legislative changes and provide your enterprise with up-to-date information. This ensures you remain prepared for inspections and avoid unexpected issues.

Partnering with us takes the burden of organizing and maintaining military records off your shoulders. This allows you to focus on your core business operations while we ensure full compliance with legal requirements and complete readiness for any inspections.

Don’t wait—contact us today to gain confidence in the accuracy and compliance of your military record-keeping!