Dismissal of a contractor during martial law

Exemption from military service during martial law is a very topical issue. If everything is clear with the release of mobilized citizens, the matter is more complicated with contract workers. All because their legal relationship is regulated not only by regulations, but also by a contract.

The procedure for the release of a contract worker during martial law is regulated by the Law of Ukraine "On Military Duty and Military Service" and other normative legal acts.

The main grounds for dismissal:

• maximum age for military service;
• health status;
• entry into legal force of a guilty verdict of the court;
• in connection with the occurrence of circumstances that exclude the completion of military service.

Health status:

To be released on this basis, the contractor must undergo a medical examination at the Military Medical Commission (MMC). The MMC conducts an examination of a serviceman and issues a conclusion on his unfitness for service. A contract employee may be dismissed in connection with the occurrence of circumstances that exclude the completion of military service, such as: the occurrence of an illness in a serviceman or his recognition as disabled as a result of an illness related to military service.

Procedure

• Analyze the grounds for dismissal.

Before filing a dismissal report, you need to make sure that you have a legitimate reason for dismissal.

• Prepare the necessary documents.

Documents confirming the grounds for dismissal must be attached to the dismissal report.

• Submit a discharge report to your commander.

The report on dismissal is submitted personally to the commander of the military unit. The report should be written in an arbitrary form, but it must include the following information:

• last name, first name and patronymic of the contractor;
• military rank;
• position;
• grounds for dismissal;
• date and signature of the contractor.

• Appeal the dismissal decision if it is not in your favor.

If the commander of the military unit refuses to release you, you can appeal this decision to a higher commander or to a court. To appeal the dismissal decision, you must submit a report to your commander. Documents confirming the illegality or unreasonableness of the dismissal decision must be attached to the report.

• Get legal help

A lawyer's specific advice will depend on the specific situation. If you have any questions about military discharge, it is recommended that you consult an attorney for legal advice.