A Summons Has Arrived: What to Do If an Employee Is Called Up?
The topic of conscription and service is becoming more relevant than ever before. We decided to highlight some issues related to how the employer and employee should act if they receive a subpoena.
Let us immediately note that in practice, the military commissariat authorities of Belarus use various methods of notifying a citizen of the need to arrive in connection with conscription. First of all, this is sending a summons to the address where the citizen is registered with the military. However, the summons can also be sent to the citizen’s place of work. Also, representatives of the military commissariat can personally appear at the citizen’s place of residence or work in order to serve a summons or immediately “proceed” to the military commissariat. There are also cases of sending SMS or calls to mobile phones.
On what grounds can a summons be issued?
The legislation of Belarus provides for a call:
- for compulsory military service (including military service in the reserve);
- military service of officers;
- military service for mobilization
- for military training.
1. CATEGORIES OF WORKERS “UNDER SIGHT”
Which workers may be affected by the 2022 draft?
Let's take a closer look at which workers may be called up in 2022.
In accordance with the recently published Decree of the President of the Republic of Belarus dated February 9, 2022 No. 34 “On transfer to the reserve and conscription for compulsory military service, service in the reserve” (hereinafter Decree No. 34), in February–May 2022 for compulsory military service, service in the reserve can be called upon
- male citizens of the Republic of Belarus who are 18 years old by the day of conscription and who do not have the right to a deferment from conscription,
- citizens of conscription age (aged 18 to 27 years) who have lost the right to a deferment,
- as well as to serve in the reserve of citizens from among the 1st year students of agricultural institutions of higher education of the Republic of Belarus who have the right to a deferment from conscription to continue their education and who have expressed a desire to undergo such service.
Conscripted officers for military serviceMale citizens under the age of 27 who have completed training programs for reserve officers at military departments or faculties, have passed final exams, are enrolled in the reserves and have the military rank of officer are called up.
Which workers are subject to conscription in the event of mobilization?
Callfor military service upon mobilizationCitizens aged 18 to 65 years who are or are required to be registered with the military are subject to this.
Conscription for military service by mobilization is an exceptional state measure. Conscription on this basis is carried out from the day of the announcement of mobilization in the Republic of Belarus, the introduction of martial law, with the onset of wartime in order to ensure the protection of the sovereignty, independence, territorial integrity and constitutional system of the Republic of Belarus and meet the needs of the state and the needs of the population in wartime.
Therefore, in peacetime, in addition to conscription for compulsory military service and reserve service, another reason for conscripting workers can be military training.
Which employees need to be sent to military training?
The conscription of those liable for military service for military training in military units is carried out according to personal lists sent by state bodies to the military commissariats of the regions (Minsk) a month before the start of the training.
If your employee is included in the list of those liable for military service to be called up for military training, a notice will be sent to the heads of the organizations indicating the timing of the training and the time to travel to the military unit and back.
Author: Vladislava Kuznetsova, junior lawyer at GRATA Belarus.
