Deferment for teachers

Following the amendments to military legislation, the procedure for obtaining a deferment for teachers has also undergone some transformations. The innovations have affected the procedure for submitting documents and the criteria for teachers to receive a deferment from the draft. However, legal nuances and bureaucratic obstacles can create significant difficulties for those seeking a deferment.

Mobilization of teachers: what does Law №10449 provide for?

According to Article 23 of the new law, teachers of conscription age who work in educational institutions on a full-time basis and not part-time are entitled to a deferral from mobilization in order to continue their teaching activities.

Important! To get a deferment, a teacher must work at an educational institution at least 0.75 time. If he or she works at 0.5 or less, then he or she may be mobilized to the Armed Forces.

It should be noted that technical teaching staff, which includes laboratory assistants, methodologists, librarians and other specialists working in educational institutions, are not entitled to deferment. This right is granted exclusively to scientific/academic staff.

Which teachers are eligible for an extension?

Employees of scientific and scientific-pedagogical institutions of higher education institutions, as well as scientific organizations that hold a scientific degree.

It is worth noting that persons working in scientific/academic institutions, including universities, academies, and institutes, will be granted a deferment on this basis.

The mandatory conditions also include the presence of an academic title or a certain academic degree.

In Ukraine, the following titles can be awarded:

• The title of professor;
• The title of associate professor;
• Senior researcher.

Speaking of academic degrees, they can be:

• D. degree;
• Doctor of Science degree;
• Doctor of Philosophy/Art degree.

Teachers of vocational educational institutions

Such educational institutions include vocational lyceums, colleges, various training centers, etc. A prerequisite here is employment at a rate of 0.75.

Teachers of general secondary education institutions

These include teachers of schools, lyceums, gymnasiums, etc. Here, too, employment at a rate of 0.75 is a prerequisite.

How can a teacher get a deferment from mobilization?

The application procedure consists of several main stages:

Preparation of documents

At this stage, you need to collect all the necessary documents confirming the right to deferral. These may include:

• certificate of the position held and the rate of pay;
• certificate of academic degree or academic title;
• an application for a deferral in the prescribed form.

Important! In specific cases, additional documents may be required to apply for a deferment, so we advise you to consult a lawyer before applying for a deferment from mobilization.

Filling out an application for deferral

Next, you need to fill out the application for deferral of execution correctly. The application must contain all the necessary information, including the applicant’s personal data, the grounds for the deferral and the list of attached documents.

Submission of documents to the TCC and JV

After completing the application and preparing all the necessary documents, they must be submitted to the TCC and JV. Please note that the documents should be submitted in advance to have enough time for their consideration by the commission of the territorial center. Usually, the response is provided within the time limits established by law.

Consideration of the application

After submitting the documents, the TCC and JV commission reviews the application. They analyze the submitted documents, check their compliance with the requirements, and make a decision on whether to grant the deferral.

Decision on granting the deferral

After reviewing the documents, the TCC commission decides whether to grant or deny the deferral. If a person receives a refusal, he or she may appeal against it in court.

Is the job and salary of a mobilized teacher preserved?

If a teacher has been mobilized, his or her main place of work and position remain with him or her. According to the law, dismissal of such employees is prohibited. After demobilization, teachers have the right to return to their educational institution and resume teaching.

As for salaries, the law does not require employers to pay salaries to mobilized employees. However, there is no prohibition on this either. If the employer so wishes, he or she may continue to pay the salary to the mobilized employee.

Military lawyer on deferment issues

Prikhodko & Partners Law Firm will help you not only save time and effort, but also ensure that all necessary documents are prepared correctly and completely. Our services include:

• Advising on the current legislation governing mobilization and deferment.
• Preparation of all necessary documents, including an application for deferment, certificates and other papers confirming the status of a teacher or other grounds for obtaining a deferment.
• Support during the submission of documents to the relevant authorities, such as the TCC and JV Commission.
• In case of refusal to grant a deferral, appeal against this decision by preparing the necessary complaints and appeals to the relevant authorities.

Don’t hesitate to contact us for expert support and advice! We are always ready to help you with any legal issues.