Work and Military Service in the Army

Conscription is an important event in every man’s life and can significantly affect his career and professional plans. In the face of uncertainty in the labour market, many young professionals and employees are faced with the question of how to properly organize their affairs at work to minimize the consequences of conscription. Many employers are asking the same question. This article will help you understand the legal aspects of conscription and give advice on how to communicate with an employer and manage your career after the end of the service. We will consider whether it is possible to keep a job, what employment options are available after the end of the service, and what to do after returning. It is important to remember that conscription is not the end of a career but a new stage that can be completed with minimal losses and maximum benefits.

What You Need to Know about the ratio of Military Service and Labor Relations

Military service in the army in Belarus is the duty of men aged 18 to 27 years. Military service is divided into conscription (compulsory military service) and contract service (voluntary military service). The terms of conscription are set by Presidential Decree (usually twice a year).

The country has established the priority of military service as a separate type of public service over labour relations. It means that the employee’s employment is suspended or terminated in the following cases:

Conscription for military service.
Voluntary entry into military service.
Conscription for service in the reserve.
Conscription for training.

Guarantees for Employees in Preparation for Military Service

Sometimes, company employees need to be trained for military service. In such cases, employees retain their place of work, position, and average earnings for the entire duration of training, including travel time in both directions. The company pays such employees the cost of travel to the place of study and living expenses according to the norms of travel expenses based on documents from the military enlistment office, travel documents and rental documents.

Guarantees for Employees in Case of Service in the Reserve

Labour activity does not stop during service in reserve – it is periodic service in military units to obtain a military accounting speciality. During the training of a new speciality, the employee retains the average earnings at the place of work and position. The employee receives these guarantees based on a call-up paper from the military commissariat. From the date of the call-up papers, such employees cannot be dismissed on the initiative of the employer, except in cases when the employer company or its remote division is being liquidated.

What about Work in the Case of Conscription of an Employee for Military Service

An employee who has been conscripted cannot stay at work. But before he is sent to a place of military service, he often needs to apply for documents and come to the military enlistment office during working hours. There are certain guarantees for these cases.

Guarantees during Preparation for Military Service in the Army

When the employee receives the call-up papers from the military commissariat and before being drafted into the army, the employee must complete his conscription, be assigned to the conscription station, register for military service, issue military registration documents, and undergo medical selection. Often, such actions require the employee to appear at the military commissariat and public health organizations (polyclinics, hospitals, research centres). In these cases, a guarantee has been established for employees: they retain their place of work, position, and average earnings for the entire time they perform these duties, including time on the road. For these guarantees to work, the employee must submit to the employer a call-up paper from the military enlistment office, documents stating that he was in a health organization.

In this case, travel expenses are reimbursed not by the employer company but by the military commissariat.

What Happens to a Job when an Employee is Called-Up for Military Service in the Army

When an employee is found fit to serve in the army, he is assigned a date to appear at the conscription station to be sent to his place of service. The employee submits a call-up paper with this date or a referral to alternative military service to the employer for dismissal from work due to conscription. In some companies, writing an employee’s resignation letter is customary. In this case, the dismissal does not depend on the parties’ will to the employment contract.

Upon dismissal, in this case, the employee is paid:

Salary for the time worked.
Compensation for unused work leave.
Severance pay in the amount of two weeks of average earnings.

The employee is introduced to the dismissal order against signature and is given a work record with a record of dismissal.

Dismissal Pay in Case of Conscription

The state has established the minimum amount of severance pay in case of dismissal of an employee for military service: the average salary for two weeks. It is the minimum amount of severance pay. The company may adopt an internal document to establish an increased severance pay.

What to Do when an Employee is going to Admit to a Military Specialty

An employer cannot refuse to allocate time for an employee to be admitted to educational institutions in specialties (areas of specialities) for the army, investigative agencies, police, financial investigations, and emergency management agencies. These can be not only special military educational institutions but also faculties of civilian educational institutions that train specialists for the army.

Based on a document from the educational institution where the employee will be admitted, he retains the average earnings at the place of work and the position during the journey to and from the educational institution.

Dismissal in Case of Admission to an Educational Institution

After admission in a military educational institution, a citizen enters into a contract for military service for the entire study period and 5 years after graduation. Therefore, an employee who has entered a military educational institution is dismissed from his job in connection with entering military service with the payment of severance pay.

You need to look at the admission documents for employees who have been admitted in civilian educational institutions for military specialties. In particular, if a military service contract is signed with applicants to an educational institution, they are dismissed from work with the payment of severance pay, which is established in case of dismissal due to conscription.

What Rights does an Employee Who has Returned from Military Service Have

1. The right to return to the previous place of work

This right is valid for three months after being discharged from the army. That’s what it’s all about:
After being discharged from military service, former company employees have the right to return to the company from where they joined the army (dismissed for service) to an equivalent or former position (place of work). The former position is provided to young specialists who have worked in the company for compulsory distribution after receiving their education. Former employees who were discharged from military service prematurely for health reasons have the same right to return to an equivalent position. They must notify the employer in writing of their intentions.

However, the employer may refuse such former employees when there are no equivalent vacancies in the company, and the former place of work has already been occupied by another employee who has been accepted for a long time. At the same time, a former employee can appeal against such a refusal since employers are prohibited from unreasonably denying former employees who were dismissed from the army admission to a position equivalent to that which the employee held before the army, as well as young professionals dismissed from the army when returning to their previous position. In case of refusal to accept an equivalent position, the employee may require a written explanation of the reasons for the refusal, and the employer must do so within three days of the employee’s request. This explanation can be used in court.

2. The right to receive financial assistance

If an employer accepts a former employee to his former place of work or position, then he is paid financial assistance: at least one minimum wage. As of December 2024, this is 626 rubles (approximately 180 euros). The company may decide to pay increased financial assistance.

3. The right to get your first job

This right does not apply to former employees who were dismissed in connection with joining the army but to former military personnel who were discharged from military service and who were not employed before being drafted into the army. The essence of this right is that many employees are provided with their first job at the expense of reservations from local government authorities, and the employer cannot refuse to hire.

4. The right to set off the time of service in the army during the mandatory assignment period

Persons who worked for some time on assignment after graduation and were dismissed due to conscription can set off their service in the army during the mandatory assignment period.

An application for crediting time served in the army during the mandatory service period is submitted to an educational institution.

Conclusion

In conclusion, we note that issues related to the hiring and dismissial of employees and their military service pose a serious challenge for both the employer and the employee. It is important to understand your rights and obligations in advance and communicate openly with your employer to resolve possible issues related to conscription. Military service should not be perceived as an obstacle to career growth — on the contrary, it can become a valuable experience that will enrich your professional life. After returning, you can use the acquired skills and knowledge to strengthen your position in the labour market.

For employers, hiring and dismissing employees in connection with their military service requires careful registration and compliance with all guarantees established by the state and internal documents of the company. Our company, as a specialist in recruiting and registration of employment relations, represented by the best specialists, is ready to take on all issues related to the recruitment and dismissal of employees in connection with conscription, return from the army, and the admission of temporary and permanent employees to the place of those dismissed in connection with military service.