Partial mobilisation in Russia 2022: answers to questions
The military registration of citizens at their place of work is part of the mobilisation training and mobilisation.
A list of responsibilities of companies in the area of mobilisation preparation and mobilisation is given in Article 9 of Federal Law dated 26.02.1997 No. 31-FZ "On Mobilisation Preparation and Mobilisation in the Russian Federation" ("Law on Mobilisation Preparation"). In particular, companies must:
- Fulfil mobilisation tasks (orders) in accordance with agreements (contracts). Attention should be paid to the fact that that company management may not refuse to enter into contracts for mobilisation tasks (orders) if, given the mobilisation deployment of production, the company resources allow fulfilling these tasks (orders).
- Carry out reservation works for those citizens in reserve working for these companies, and file the reporting concerning reservations. This procedure is usually carried out in a planned (advance) manner during organising of the military records in the company. It is required for the purpose of granting deferments to employees from military service during mobilisation to ensure the continuity of the company's work for military needs.
- Establish military registration units.
This function may also be performed by the person responsible for military records in the company.
- Establish mobilisation bodies or appoint employees to act as mobilisation bodies.
- Provide state and local government bodies at their request with the information necessary for the development and implementation of mobilisation activities.
There is the following theoretical position on assisting military commissariats in their mobilisation work:
- A notification system should be organised within the company. In particular, this may include a variety of ways to promptly deliver information to employees (on paper, by telecommunication, with a courier, etc.). In each case, they are selected by the notification centre set up within the mobilisation body;
- In some situations, such bodies participate in the reinforcement apparatus of the military commissariats by allocating the necessary number of specialists. For these purposes, the company’s notification system is used. It is used to ensure the timely notification and attendance of personnel belonging to the reinforcement apparatus of the military commissariats or subject to military service on mobilisation, to collecting posts or to military units;
- In addition, some organisations provide deliveries of vehicles to collecting posts or military units in accordance with mobilisation plans.
The company is obliged to provide the state bodies, military commissariats and troops with access to its premises in order to check the mobilisation readiness of vehicles. Accordingly, if any of the above representatives appear in person to inspect the vehicles, access cannot be denied. There may be administrative liability for failure to comply with military transport duties under Article 19.25 of the Code of Administrative Offences - a fine of up to RUB 20,000 on legal entities and up to RUB 1,000 on officials.
In addition, companies are obliged to provide the information necessary for the development and implementation of mobilisation measures in the manner determined by the Government of the Russian Federation.
At present, the labour agreement is suspended during mobilisation for military service. The mobilised employees retain their jobs until the end of the mobilisation.
According to sub-clause 2 clause 13 of Law on Mobilisation Preparation, all companies, regardless of their form of ownership, that own or possess vehicles on other grounds are subject to military transport duty. The procedure for military transport duty is established by Presidential Decree No 1175 of 02.10.1998 "On Approval of the Regulations on Military Transport Duties".
Certain categories of vehicles (in particular N, O, and food trucks) may be required to be provided to the army as part of the military transport duty (applicable to all companies). Military transport duties also include providing information on the vehicle, maintaining the vehicle in good working order and a number of other duties.
In this situation, we believe that the employer (namely the person responsible for mobilisation measures) will need to take all possible steps to ensure that the employee receives the mobilisation summons and comes to the military enlistment office. In particular, you must contact the employee (preferably by email and post) and inform them on the receipt of the summons in their name and invite them to come to their place of work to personally collect the document.
The status (position) of the employee in this case does not generally affect the possibilities of departure.
According to clause 2 Article 21 of Law on Mobilisation Preparation, from the moment mobilisation is announced, citizens who are on the military register are prohibited from leaving their place of residence without permission from military commissariats, federal executive bodies with a reserve. In other words, the Law establishes, as a general rule, a ban on leaving one's place of residence.
We believe that the travel ban applies only to citizens who have received mobilisation orders and summonses. Nevertheless, the application of this rule may change over time. In any case, if an employee goes on a business trip, we recommend, just in case, having a business trip order and/or an official assignment confirming the need to leave the region of the employee’s permanent residence.
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