Hiring Conscripts: Legal Aspects of Military Registration in the Workplace

Employing conscripted workers during martial law poses a significant challenge for Ukrainian companies. In these complex times, not only does the economy require support and growth, but businesses must also adapt to new conditions and quickly find solutions to retain qualified professionals. Legal aspects related to military registration documents demand thorough attention, as errors can result in serious legal consequences. However, it is not always clear how to proceed in these new circumstances.

• What steps should be taken if a prospective employee does not have military registration documents?
• Is it acceptable to rely on electronic versions of military registration documents?
• How can companies manage the risks involved in reserving key specialists to ensure their continued employment?

In this article, we will examine a real case involving one of our clients who encountered similar issues and turned to us for legal consultation on managing military registration at their organization. Using this example, we will analyze the intricacies of handling military registration documents. You will gain insight into the legal consequences companies may face for non-compliance with military registration requirements and receive practical recommendations for the safe employment of conscripted workers.

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Employment Without a Military Registration Document: Are There Risks for the Company?

One of our regular clients, the head of a startup developing a mobile application, encountered a challenge that has become common for many Ukrainian businesses. Before the war, he collaborated with individual entrepreneurs (FOPs) under service agreements, which allowed for flexible resource management and the ability to adapt his team to specific projects. However, due to the current situation in the country, the company decided to transition all temporary contractors—individual entrepreneurs—onto permanent employment agreements to provide greater team stability. This transition brought about new legal questions, the most critical being: is it possible to hire a conscripted employee who does not have a military registration document and is not registered for military service?

The answer is unequivocal: hiring an employee without a military registration document constitutes a violation of the Rules for Maintaining Military Records. Beginning in May 2024, such violations will be subject to fines of up to 60,000 UAH per instance. Consequently, fines can accumulate rapidly if a company systematically disregards this requirement. It is therefore essential to address legal compliance proactively to avoid financial losses and ensure the stability of the business.

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How Can Employers Verify a Candidate's Military Registration Document in Electronic Form?

Our client was also concerned with understanding the potential consequences for their company if a candidate is registered in the Oberig database but does not possess a paper version of their military registration document (MRD). It has been clarified that the MRD can be issued in both electronic and paper formats. Both formats have the same legal validity. However, it is important to note that an electronic MRD is only valid if it includes a QR code, which is essential for verifying the information contained within the document. Without the QR code, the electronic document cannot be considered valid. The code allows employers to confirm the details provided in the electronic MRD by verifying the information directly.

These provisions significantly streamline the process for employers when hiring conscripted individuals. The obligation for employers to verify military registration documents remains in force and has not been lifted. This means that, as of today, employers are required to check whether a candidate possesses a military registration document (MRD) before hiring them. If a conscript does not have a paper MRD at the time of employment—a scenario that is not uncommon—they can provide the electronic version of the MRD for verification.

To avoid potential errors, we advise the person responsible for maintaining military records to verify the document using the Reserve+ app when processing a new hire. Since the app allows scanning the QR code of the electronic MRD without the need to log in, the code can be verified directly from a mobile phone during the hiring process. The employee, in turn, can generate the MRD in PDF format and submit it to the person responsible for military records. This file should be printed and added to the employee's personnel file.

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Is an Electronic Military Registration Document Sufficient for Employee Military Records at a Company?

However, is a printed copy of the electronic MRD sufficient for proper military registration of an employee at the company, or does it pose potential risks regarding responsibility for the accuracy of military records? A printed copy of the MRD is likely a temporary solution to meet the military registration requirements. According to legal guidelines, when maintaining military records at a company, copies of military registration documents for conscripts, military reservists, and liable individuals must be included in the employee's file, which should be part of the official military records.

It is important to note that a printed copy of the electronic military registration document can only be added to the personnel file if it contains all the necessary information to complete the relevant sections of the list, and if that information is up-to-date (i.e., the candidate’s data is current). Therefore, it is essential to verify the date and time of the data update, as well as the date and time the document was generated. It is important to remember that between May 18 and July 16, all conscripts, reservists, and those liable for military service were required to update their military registration information. Consequently, the update date of the MRD should fall within this period or later.

While the electronic version of the military registration document holds the same legal validity as the paper version, it may still present challenges during the employee reservation process. If the only version available is the electronic MRD, it can be used to process the reservation through the Diia app, provided the system automatically retrieves the data into your employer account without technical issues. If not, this could compromise both the timeliness of the reservation and the overall accuracy of military record keeping. Therefore, it is advisable to recommend that the employee visit the Territorial Center of Recruitment and Social Support to obtain the paper version of the military registration document.

Legal Assistance in Managing Military Records

During the legal consultation, our client received thorough answers to all of their questions. As a result, they are now prepared to ensure accuracy and timeliness in handling conscripted employees, which will not only help avoid fines but also retain valuable personnel through the reservation process. If you also need assistance with the employment of conscripted workers or managing military records, our recommendation is clear: do not overlook these important matters. Timely consultations with experts, such as our legal team, will help protect your business, minimize risks, and ensure that you are fully compliant with the law. We are ready to assist you in finding the most effective solution for your company, allowing you to focus on growth while entrusting legal matters to professionals.

Contact us—secure business begins with reliable legal support!