As part of legal education, we inform you that on April 1, the changes introduced by the Decree of the Head of the DPR dated April 4, 2022 No. 111, to Decree No. 41 dated February 28, 2022 “On Certain Issues of Regulation of Labour and Social Relations” came into force.
According to the current version of Decree No. 41, state authorities, other state bodies, local administrations, budgetary institutions, business entities, regardless of the organizational and legal form and form of ownership, for the period of general mobilization and conscription of citizens for military service during mobilization, as well as for the period when citizens are in evacuation on the territory of the Russian Federation ensure the preservation of jobs for employees called up for military service in the ranks of the Armed Forces of the Donetsk People’s Republic, other military formations and bodies, special formations, and for evacuated employees.
Employees called up for military service in the ranks of the Armed Forces of the DPR during mobilization retain their wages within the monthly wage fund (hereinafter wages).
In accordance with the new version of the Procedure of calculating and paying wages to employees called up for military service in the ranks of the Armed Forces of the Donetsk People’s Republic during mobilization, approved by Decree No. 41, it is established that the employer sends a request to the Military Commissariat of the DPR (its departments) (hereinafter – the DPR MC) at the place of registration of the conscripted employee in the approved form to verify personal data of employees who were called up for military service.
Confirmation of the fact that an employee was called up for military service in the ranks of the DPR Armed Forces during mobilization is a notice of conscription for military service during mobilization issued to the employer by the DPR Military Commissariat within 14 calendar days from the date of receipt of the application.
In addition, it is established that the DPR MC, within 14 calendar days from the date of receipt of the lists of persons dismissed from military service, which are submitted by the DPR DPM, informs employers about the dismissal of conscripted employees from military service. Other military formations and bodies, special formations inform the employer within 14 calendar days from the date of dismissal of conscripted employees from military service.
Thus, the accrual and payment of wages to a conscripted employee are made from the date of conscription for military service during mobilization, if there is confirmation of the fact of enrolment in the lists of personnel of a military unit in accordance with the notice of conscription for military service during mobilization issued by the DPR MC, or a written notice of conscription for military service during mobilization issued by a military formation or a body, a special formation.
The lists of persons called up for military service during mobilization, submitted by the employer and approved/agreed by the DPR DPM prior to amendments to the Procedure, are the basis for the calculation and payment of wages.
It should be noted that Decree No. 41 applies to legal relations that arose from February 18, 2022.
