Current as of October 14, 2026.
In a 2023 case, an employee sent his employer a photo of a call-up notice and then stopped responding. The company issued an order dismissing him "due to mobilization." Later, a reply from the Territorial Recruitment and Social Support Center (TRC, Ukraine's military enlistment office) confirmed that the employee hadn't been mobilized.
This situation requires two separate decisions: correcting the earlier HR paperwork and establishing the reasons for the employee's absence. The TRC's reply doesn't by itself provide grounds for a new dismissal.
Call-up notice, release from duties and dismissal: key differences
A notice summoning a person to the TRC doesn't necessarily confirm the start of military service. Its content and the documents confirming the employee's subsequent status must be checked. Guidance of the State Labor Service of Ukraine (in Ukrainian).
For employees called up for military service during mobilization, Article 119 of the Labor Code of Ukraine guarantees that their job and position are retained. In that case, the employer formalizes a release from work duties, not a dismissal due to mobilization. Labor guarantees for mobilized employees — State Labor Service (in Ukrainian).
What to check after the TRC's reply
First, establish which period and which circumstances the reply covers. A statement that there was no mobilization doesn't necessarily explain every day of absence or rule out service on other grounds.
The employer should:
- keep the call-up notice, the correspondence and the earlier HR orders;
- record the dates of absence and the attempts to make contact;
- send the employee a request for the reasons for the absence and supporting documents;
- if needed, clarify the information with the TRC or another competent authority.
The periods of appearing at the TRC, undergoing a medical examination and any subsequent absence should be assessed separately.
How to correct the HR records
If the dismissal order was issued without proper grounds, you need to determine the procedure for revoking it and restoring the employment relationship. Not only the order but also the related entries, calculations and reports need to be checked.
To document the circumstances, an internal memo is prepared with a chronology of events and supporting materials. On this basis, the necessary HR decisions and adjustments are formalized.
The timesheet is corrected according to the established circumstances. Until the reasons for the absence are clarified, it shouldn't automatically be marked as unexcused absence. The State Labor Service provides for the code "НЗ" (absence for unexplained reasons) in such cases. Guidance on timesheets (in Ukrainian).
Grounds for dismissing an employee who has not returned
An independent lawful ground and compliance with the relevant procedure are required.
Dismissal for unexcused absence requires establishing that the employee was absent without a valid reason. Before applying a disciplinary sanction, the employer must request a written explanation; the deadlines and other procedural requirements must also be met. The employee's silence alone doesn't prove the absence of a valid reason. Guidance of the State Labor Service (in Ukrainian).
Termination of the employment contract under clause 8-3 of part one of Article 36 of the Labor Code of Ukraine is possible when the employee has been absent from work and there has been no information about the reasons for the absence for more than four consecutive months. This is a separate ground that shouldn't be confused with unexcused absence. The available information about the call-up notice must be taken into account when assessing these conditions. Labor Code of Ukraine (in Ukrainian).
If the employee was previously dismissed by mistake, the entire subsequent period can't be mechanically counted as absence from work.
How to document communications to the employee
Use the addresses provided by the employee and the agreed communication channels. For postal mail, choose a method that lets you confirm the content of the item and the delivery result.
Keep copies of letters, lists of enclosures, receipts, delivery or return notifications, electronic correspondence and other evidence of attempts to make contact. Sending a letter and the employee receiving it are different facts that must be recorded separately.
