Extending military registration to women
Starting in 2006, the Law on Military Duty (hereinafter referred to as the Law) has provided for, and continues to provide for, the compulsory enrolment of women with military-related professions according to a list approved by a sub-law act.
However, until recently, no such list had been approved, which meant that the above-mentioned provision of the Law on the Registration of Women in the Military Registry was not implemented.
On 11.10.2021, the Ministry of Defense approved the relevant list1 of professions, which entered into force on 17.12.2021 (hereinafter referred to as the List). In this regard, the above norm of the Law has become relevant.
The List provides a broad list of professions and occupations (approximately one hundred), including lawyers, translators, auditors, accountants, painters, etc.
Thus, as of today employers are obliged to extend military registration to all employed women under 60 years of age whose occupations are on the list.
There are currently no special rules or regulations that apply to women, so the same rules and regulations that the company used to apply to men must be applied. Please be reminded that employers are obliged to release their employees from work for the time necessary to register at the military registration office, while retaining their job and their average wage.
In view of the above, the innovations will affect:
1. hiring new female employees: Women on the List will now be required, like men, to produce a military registration document when they are hired.
An employer may be held liable for non-compliance with labor law in the amount of one minimum wage for each breach2;
2. the military registration of women employed by the company: The employer is now obliged to comply with the requirements of the Military Registration Order3, in relation to women on the List, namely: exchange and verify information on such personnel with the military enlistment office, keep personal cards, lists, etc.
Failure to comply with military registration requirements is a punishable offence:
– for employees – an administrative fine of up to 850 UAH for the first offence and up to 1700 UAH for a repeat offence. In addition, potentially for evasion of military registration in the case of a warning from the military recruitment office a criminal offence may be applied (as far as we know, in practice criminal liability for violation of the military register is very rarely applied);
– for company officials – only an administrative fine up to 5100 UAH for the first offence and up to 8500 UAH for a repeat offence.
It is important to mention that the legislation does not authorize the employer to apply disciplinary sanctions or other mechanisms of influence to employees for violation of military registration.
2 However, there is currently no unambiguous practice as to what constitutes “each infringement”. Therefore, inspectors may count failure to obtain military cards for all employees as one infringement, or they may apply a fine to each case – for each employee from whom military documents have not been received.
3 Approved by Decision of the Cabinet of Ministers of 07.12.2016 No. 921: https://zakon.rada.gov.ua/laws/show/921-2016-%D0%BF#Text