Actions of Employer During Mobilization

Current legislation contains certain requirements that employers should oblige with during mobilization process¹.

Obligations

The Presidential decree on the announcement of partial mobilization² does not contain clarifications regarding the special obligations of employer companies due to partial mobilization, therefore companies should be guided by the general provisions of the current legislation.

The list of obligations due to mobilization is specified in Article 9 of Federal Law No. 31-FZ of 26 February 1997 “On Mobilization Training and Mobilization in the Russian Federation” (“Law on Mobilization”). It includes the following obligations:

• Organize and carry out measures to ensure the company is ready for mobilization (this means company’s ability to transfer work to wartime conditions in a timely manner)
• Create mobilization bodies or appoint employees performing the functions of mobilization bodies if the company has a mobilization order or tasks for mobilization work
• Develop mobilization plans (plans of the economy of the Russian Federation, its regions and local public entities, mobilization plans of the Armed Forces of the Russian Federation, other troops, military formations, bodies and special formations) within the scope of company’s powers
• Carry out pre-production activities to exercise mobilization tasks (orders) during mobilization period and wartime
• Carry out mobilization tasks (orders) in accordance with the concluded agreements (contracts) to ensure mobilization training and mobilization
• Carry out measures to transfer manufacturing / producing processes to wartime conditions
• Assist military commissariats in their mobilization work in peacetime and in case of a mobilization announcement, including ensuring supply of equipment to assembly points or military units in accordance with mobilization plans
• Provide, in accordance with the legislation of the Russian Federation, buildings, structures, communications, land plots, transport and other material means under mobilization plans
• Create military accounting units, exercise military accounting and reservation activities during mobilization and wartime of reserved and working citizens employed with these companies, ensure reporting on reservation activities
• Provide information for development and implementation of mobilization measures, in accordance with procedures determined by the Russian Government

The Law on Mobilization does not specify whether these obligations are applied in case of partial mobilization. Based on its content, above list of obligations is mostly applied to cases of general mobilization announcement. However, the Law on Mobilization does not contain duties that employers would have to perform during partial mobilization, therefore, this list is universal for all types of mobilization.

At the same time, employers also must adhere to common duties, which must be ensured by them in peacetime as well, in particular:

• Ensure timely notification and attendance of employees under summons to the military commissariat or other body carrying out military registration – non-compliance leads to administrative fine for a company in the amount of RUB 1,000–3,000 (Article 21.2 of the Administrative Code)
• Provide to military commissariat or to another body carrying out military registration information on changes in composition of permanently residing citizens or citizens staying for more than 3 months in the place of temporary stay, who are or are obliged to be on military registration – non-compliance leads to administrative fine for a company in the amount of RUB 1,000–3,000 (Article 21.3 of the Administrative Code)
• Report to military commissariat or to another body carrying out military registration information about citizens employed or dismissed from work who are or are obliged to be on military record but fail to do so – non-compliance leads to administrative fine for a company in the amount of RUB 1,000–5,000 (Article 21.4 (3) of the Administrative Code)
• Provide information at the request of the military commissariat or other body carrying out military registration – non-compliance leads to administrative fine in the amount of RUB 300–500 for officials and RUB 3,000–5,000 for legal entities (Article 19.7 of the Administrative Code)

Reservation of citizens

The Law on Mobilization provides for the procedure for reservation of citizens – a set of measures to ensure that company’s activities are preserved with labor resources for the period of mobilization and for wartime. As a result, the reserved citizens are exempted from conscription for military service on mobilization and subsequent conscription in wartime for the duration of the granted deferral.

At the same time, the reservation can be carried out by limited set of companies, namely³:

• Companies that have mobilization tasks
• Companies that carry out a set of measures to ensure the vital activity of the population in wartime
• Companies that exercise activities on training citizens in military accounting specialties

The list of positions and professions subject to reservation are approved by a special Interdepartmental commission. The commission also has the right to decide on reservation in respect of individuals not included in the approved list.

¹ For general information about the announced partial mobilization please refer to our update of 21 September
² Decree of the President of the Russian Federation No. 647 of 21 September 2022
³ Paragraph 3 of the Rules for reservation of citizens of the Russian Federation who are in the reserve of the Armed Forces of the Russian Federation, federal executive authorities that have a reserve, and working in state authorities, local self-government bodies and organizations, approved by the Decree of the Government of the Russian Federation No. 156 of 17 March 2010