IT Legal: how to protect the interests of businesses and employees during martial law

For any business, employees are the greatest asset, upon which the success and stability of the company depend.

Therefore, employers are interested in providing legal protection and support to their specialists, especially under martial law.

What legal challenges are businesses facing in the context of mobilization?

Under the current challenges for Ukrainian businesses, mobilization legislation creates a degree of legal uncertainty. Clear and transparent procedures for interaction between the state, businesses, and conscripted employees are urgently needed. However, in practice, many employers face uncertainties and questions regarding a comprehensive list of obligations for maintaining military records, updated methods for complying with orders from the Territorial Recruitment and Social Support Centers (TRSSC), serving summonses to their employees, and liability for possible violations.

How is the Kharkiv IT Cluster helping to address these issues?

Kharkiv IT Cluster understands the importance of legal awareness in such matters. That's why we organized a meeting with an experienced lawyer to provide business owners and their employees with updated information on legislation.

Anna Bielolypetskykh, a lawyer and managing partner of the law firm «BELPART», explained the current legal methods for notifying conscripted individuals and the employer’s role in mobilization processes. Practical cases were also discussed on supporting unscheduled inspections of enterprises regarding military records and organizing proper interaction with the TRSSC in the context of reserved specialists, individual contractor partners, and company employees.

Participants received a step-by-step action plan for employers in case of orders from the TRSSC regarding the summons of conscripted employees, as well as clarifications on the extent of a business leader's responsibility according to updated legislation.

What steps should businesses take in accordance with the updated legislation?

1. Execution of the order.

   The head of the enterprise must issue an internal order to notify conscripted employees and ensure they review and sign the summons.

2. Employee notification.

   Employees who work remotely, are on business trips, or on medical leave must be informed via registered mail.

3. Notification to the Territorial Recruitment and Social Support Center.

   The head of the enterprise must inform the TRSSC of the order's execution, provide information on employees who are on leave or have deferments, and submit a letter of guarantee for reserved employees.

This discussion provided an opportunity for entrepreneurs to get answers to urgent questions and understand the legal framework in such situations.

Kharkiv IT Cluster strives to help businesses and employees understand legal aspects in challenging conditions. Organizing such events creates transparent conditions and promotes legal awareness among both business owners and their employees.