Courts and complaints

Is your job kept when you are called up for military service?

Huquqchi legal team

Under article 168 of the Labour Code, a call-up for military service ends the employment contract on grounds outside the will of the parties. The employer pays severance pay. If the worker applies within three months of release from service, he has a priority right to a job at the former workplace.

The constitutional basis

Under article 64 of the Constitution, the defence of the Republic of Uzbekistan is the duty of every citizen. Citizens must do military service or alternative service in the procedure that the law sets.

The employment relationship

Under article 168 of the Labour Code, a call-up for military or alternative service ends the employment contract on grounds outside the will of the parties. The employer issues an order for the termination.

The final payment

On the day of the dismissal the worker gets the full payment: the wages, compensation for unused leave and severance pay. Under article 173 of the Labour Code, the amount of the severance pay depends on the length of service with that employer: with service up to three years — at least 50 per cent of the average monthly wage, with service over fifteen years — at least 200 per cent.

After the service

Under article 102 of the Labour Code, a worker who applies to the employer not later than three months from the day of the release into the reserve has a priority right to a job at the former workplace. A worker released into the reserve within three months of the call-up has the right to return to the former work (post).

Advice

Keep a copy of the call-up paper and a copy of the dismissal order. These documents can be necessary when you apply to the former employer after the service.

Legal sources

Legal basisLabour Code, article 168 Legal basisLabour Code, article 102 Legal basisLabour Code, article 173

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.