Maintaining Military Records in Business: How to Organize It Properly and Why Is It So Important?

In the context of martial law in Ukraine, maintaining accurate military records within businesses and organizations has become critically important. This aspect has gained prominence, particularly following the latest legislative amendments regulating this process. Since May 19, 2024, there has been a significant increase in administrative accountability for businesses, institutions, and organizations that breach defense and mobilization laws.

With the ongoing special status in Ukraine, the fines for leaders of enterprises or organizations can soar up to nearly 60,000 hryvnias. These penalties are applied within three months of detecting any legal infractions. Therefore, adhering to legislative requirements and properly structuring this aspect of operations is crucial. This situation prompts several questions from our clients:

• What are the guidelines for military record-keeping in a business?
• Who is authorized to maintain these military records?
• What are the repercussions for failing to comply with military record-keeping regulations?
• How should the record-keeping of military personnel be managed correctly?

Our article delves deeper into these questions, offering valuable insights for those managing military records in businesses and aiming to prevent legal issues.

We have extensive experience in providing legal support to businesses and organizations, and currently offer services to manage military records. Many clients have already received comprehensive consultations and practical support in complying with legislative requirements, ensuring the accounting of military personnel in their companies with the involvement of our lawyer. We understand the complexities our clients face, so we are ready to provide qualified assistance in solving all issues related to this complex topic.

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Organizing Military Registration in the Workplace: Guidelines and Advice for Managers

According to the law, every enterprise, institution, and organization—including educational and medical facilities, regardless of their management structure or ownership—must maintain individual military records for employees who are conscripts, reservists, or otherwise obligated for military service. To facilitate this, the leader of the enterprise or organization should appoint a designated person responsible for military registration. Moreover, leadership must aid in preparing for military service, including during employee mobilization, and must ensure suitable conditions for fulfilling military duties.

It’s crucial to remember that within seven days of appointing someone responsible for military registration, this must be reported to the local Military Registration and Enlistment Office. Everything must be done on time and in accordance with established procedures and forms. This highlights the importance of properly organizing military registration in the workplace, which not only involves setting up registration cards but also ensuring:

• The annual organization and review of the military registration status at the enterprise or organization, according to an approved plan;
• Following an audit, compiling a report and submitting it to the Military Registration and Enlistment Office within the specified deadlines;
• Keeping appropriate journals and cards, and issuing annual directives about the status of military registration;
• Reserving employees with military obligations during periods of mobilization and war;
• Monitoring employees' adherence to military registration rules, among other responsibilities.

Upon hiring an employee who is a conscript, reservist, or has military obligations, it is essential to verify that they possess properly formatted military registration documents or an electronic version thereof. The military registration rules are to be explained to the employee under their personal signature, clarifying the obligations of conscripts, reservists, and those with military duties, as well as the penalties for rule violations. Employers are also required to post these rules prominently and ensure that employees can freely access them.

Information regarding newly hired employees with military obligations should be entered into the registration list, updated regularly, and a notification of the employee’s hiring should be sent to the Military Registration and Enlistment Office within seven days. A common question is whether it’s necessary to inform the Territorial Recruitment Center and Social Support upon the dismissal of an employee with military obligations. Indeed, each such dismissal by the employer must also be reported to the respective Military Registration and Enlistment Office.

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How to Assign Responsibility for Military Records Management at Your Company

Determining who is responsible for managing military records at a company is a crucial task, typically allocated to an employee within the HR or personnel department. Once you've identified the responsible individual at your company, it’s also important to decide whether this role warrants additional compensation. Moreover, if your company has more than 500 military-obligated employees, it may be necessary to appoint one or more dedicated individuals to handle these responsibilities.

Maintaining military records correctly is essential to avoid legal liabilities, especially in light of the specific requirements laid out in Article 210-1 of the Code of Administrative Offences. To minimize risks, it's advisable to focus on the professional skills and knowledge of the legislation of the employee designated to oversee military records at your business. Alternatively, consider involving professionals to ensure the system is set up correctly.

Our legal team offers expert support in establishing and managing military records systems, which helps avoid legal issues and ensures accurate tracking of employees with military obligations, including:

• Deciding when and how much additional payment should be awarded to the person managing military records.
• Assessing whether it is necessary to appoint a dedicated individual or team to handle military records at the enterprise.
• Choosing the appropriate documentation to officially assign this responsibility.
• Determining the frequency with which those responsible for military records should update their qualifications.
• Establishing what records, lists of obligated personnel, forms of reports, and communication protocols need to be maintained, including their preparation and submission timelines.
• Handling the submission of personal and service information about conscripts, reservists, and those with military obligations to the agencies maintaining the Unified State Register of Persons Liable for Military Service.

For professional guidance and consultation on all aspects of organizing and managing military records, feel free to reach out to our firm. We are here to help you meet legislative requirements and facilitate your company’s ongoing success!