Employee Military Service – what should an entrepreneur know?

Taking on military service by an employee, regardless of its form, involves a number of obligations and rights for both the employee and the employer. Understanding the applicable regulations in this area is crucial to ensuring compliance with the regulations and the smooth operation of the company. In the following article, we present the most important information that every entrepreneur should know.

There are several forms of military service. The key distinction is between voluntary basic military service, territorial military service (Territorial Defence Forces), active reserve service and passive reserve service. Each of these forms entails slightly different obligations on the part of the employer. The specific type of service determines, among other things, the scope of employment protection, the rules for granting unpaid leave, and the possibility of applying for cash benefits to compensate for the costs incurred by the employer.

Voluntary basic military service

Voluntary basic military service (DZWS) is a form of service lasting up to 12 months, including basic training (up to 28 days) ending with a military oath and specialist training (up to 11 months), combined with the performance of duties at a service position. It is worth knowing that an employee who has already taken a military oath does not have to undergo basic training again. In addition, service may be interrupted at the soldier’s request or due to the needs of the Armed Forces.

1.     Employment relationship protection

One of the most important aspects for the employer is the protection of the employment relationship of an employee undergoing DZSW. An employment contract can only be terminated with the employee’s consent. Termination of the contract before the day of appointment, the term of which would expire after that day, becomes ineffective. In such a situation, the employment relationship is terminated only at the employee’s request.

Exceptions to protection, protection does not apply in the case of:

• trial period contracts,
• contracts for a period not longer than 24 months,
• termination of the contract without notice due to the employee’s fault,
• bankruptcy or liquidation of the employer,
• group layoffs.

When does this protection apply?

Protection against dismissal or termination of an employment contract applies:

• from the date the employer is informed about the start date of basic training until the date of its completion,
• during specialist training,
• for 12 months from the date of completion of training.

2.     Other employee rights – what are they?

During training within the DZSW, the employee is entitled to unpaid leave. The period of voluntary basic military service is included in the length of service, which determines employee rights, such as notice period or the amount of vacation leave. It should also be remembered that DZSW soldiers cannot create, join or participate in trade union activities.

Territorial Military Service (TSW) – Territorial Defence Forces

Territorial military service lasts from 1 to 6 years (with the possibility of extension by the commander). The employee must have a regulated relationship with military service and cannot be subject to basic military service. Service can be carried out on a rotational basis (at least once a month for 2 days during free time) or on a disposable basis (remaining ready to report for duty).

The employee is required to immediately notify the employer of the call-up to the TSW and the days of rotational service. In the event of immediate appearance, the commander of the military unit will notify the employer.

1.     TSW and the protection of the employment relationship

Similarly to the DZSW, an employment contract with an employee appointed to the TSW may be terminated only with his/her consent. This protection is provided from the moment of appointment to service. Notice given before appointment, the term of which would expire after the date of appointment, becomes ineffective, and the termination of the employment relationship occurs only at the employee’s request.

Same as above, protection does not apply to:

• trial period contracts,
• contracts for a period not longer than 12 months,
• termination of the contract without notice due to the employee’s fault,
• bankruptcy or liquidation of the employer.

2.     Unpaid leave for an employee

The employer is obliged to grant the employee unpaid leave for the duration of the rotational service in territorial defence (does not apply to single service or on days off from work). Leave is granted at the employee’s request or on the basis of a notification from the Head of the Military Recruitment Office in the event of immediate appearance. The period of this leave is included in the length of service, on which employee rights depend.

3.     TSW – cash benefit for the employer

Importantly, the employer is entitled to a cash benefit for days when the employee is on rotational duty at TSW. This benefit compensates for the costs (excluding remuneration) incurred in hiring a replacement employee or assigning the work to another employee.

To receive such a benefit, an application must be submitted along with documents confirming the costs to the Head of the Military Recruitment Office competent for the company’s headquarters, within 90 days of the soldier’s release from service. The maximum amount of the benefit cannot exceed 1/22 of two and a half times the average monthly salary in the business sector. If the employee is employed in several places, the benefit is granted proportionally to all employers.

4.     Employee’s seniority

The period of performing rotational TSW is included in the employee’s length of service. If the employee starts work for a given employer within 30 days of being released from service (being employed by that employer on the day of being appointed), this period will be included in the period of employment in all aspects resulting from the employment relationship (e.g. seniority allowance, amount of leave). This also applies to new employees who start their first job within 30 days of being released from TSW or were employed by another employer.

5.     Vacation leave

If the date of territorial defence service coincides with the employee’s planned holiday, the employer is obliged to postpone the leave to a later date.

Active reserve service

Active reserve service is intended for people who have taken a military oath and do not perform any other type of service, and who have not reached the age of 60 (63 for non-commissioned officers/officers). Service is performed for an indefinite period, once a quarter for at least 2 days and once for 14 days at least once every 3 years, as well as in the mode of immediate appearance or on other days after agreement.

The employee is obliged to immediately notify the employer of the days of duty based on the list received from the commander. In the case of immediate appearance, the commander of the military unit notifies the employer.

1.     Unpaid leave

The employer is obliged to grant an employee who is a soldier of the active reserve unpaid leave for the duration of the service, based on his notification or notification to the Head of the Military Recruitment Office (in the immediate appearance mode). During this time, the employee retains all employee rights except for remuneration.

2.     Cash benefit for the employer

The employer is entitled to a cash benefit for days when the employee is on active reserve duty. It compensates for the costs (excluding remuneration) incurred in hiring a replacement or assigning work to another employee. The application must be submitted to the Head of the Military Recruitment Office within 90 days of the soldier’s release from service. The maximum amount of the benefit is 1/22 of two and a half times the average monthly salary in the enterprise sector.

3.     Vacation leave

As with other forms of military service, in the case of active reserve, the employer is also obliged to postpone the employee’s planned leave if it coincides with the date of call-up for service in the active reserve.

Passive reserve service

The passive reserve is formed by persons with regulated military service, who do not perform other service and, as a rule, have not reached the age of 60 (63 for non-commissioned officers/officers). The passive reserve includes, among others, an employee who previously completed DZSW. Performing service involves participation in military exercises (single, short, long-term or rotational) and in actions combating natural disasters, searches or saving human lives.

There are certain exemptions from the obligation to conduct military exercises, e.g. for persons conducting an election campaign, members of parliament, senators, local government officials, or those holding managerial positions in the government administration.

1.     Unpaid leave

For the duration of military exercises, an employee who is a passive reserve soldier must be granted unpaid leave by the employer, based on notification or notification from the Head of the Military Recruitment Office. During this time, the employee retains all the rights from the employment relationship, except for remuneration.

2.     Cash benefit for the employer

The employer is entitled to a cash benefit for days when the employee is on passive reserve duty. This includes compensation for costs (excluding remuneration) incurred in hiring a replacement or assigning work to another employee, as well as the amount of severance pay. An application for payment must be submitted to the Head of the Military Recruitment Office within 90 days of the soldier’s release from service. The maximum amount of the benefit is 1/22 of two and a half times the average monthly salary in the enterprise sector.

3.     Vacation leave

If the date of passive reserve service coincides with the employee’s planned leave, the employer is obliged to postpone the leave to a later date.

In summary, understanding the above principles enables efficient management of a team that includes people undertaking military service. Employers should remember that if in doubt, it is always best to consult an expert before taking action.

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