Can a mobilised employee be dismissed: clarification from the State Labour Service

In Ukraine, during martial law and general mobilisation, special guarantees are provided for employees who have been called up for military service to retain their jobs. That is why the question of the possibility of dismissing a mobilised employee often arises for both employers and employees themselves.

As explained by the State Labour Service of Ukraine, in accordance with part three of Article 119 of the Labour Code of Ukraine, employees who are called up for military service during mobilisation retain their jobs and positions.

This guarantee is valid throughout the entire special period — until its completion or until the date of the employee's actual discharge from military service.

This means that an employer does not have the right to dismiss a mobilised employee on its own initiative solely because he or she is performing military service.

The law provides special social protection for such employees, guaranteeing that their jobs will be preserved for the duration of their military service.

At the same time, there are exceptions in the legislation when employment relationships may be terminated.

In particular, dismissal is possible at the request of the employee or by agreement of the parties. In this case, the basis for termination of the employment relationship is a corresponding statement by the employee or an agreement between the employee and the employer.

Experts note that even during military service, an employee has the right to initiate the termination of employment if they deem it necessary.

For example, this may apply to situations where a person plans to change jobs after demobilisation or has other personal circumstances.

Thus, the dismissal of a mobilised employee at the initiative of the employer is not permitted by law. The only exceptions are cases where the employee himself submits a statement of resignation or the parties agree to terminate the employment contract.

Lawyers also advise employers and employees to carefully comply with labour legislation and, if necessary, seek official clarification from the competent authorities.