The court recognized the summons of a worker from a critically important enterprise as illegal.

The court recognized the summons of a worker from a critically important enterprise as illegal

According to Novyny.live: The Fifth Administrative Court of Appeal recognized the summons of a conscripted man, who was mobilized despite having legal grounds for reservation, as illegal. The claimant had been employed at the HALO Trust representative office in Ukraine since May 2024. This enterprise was included in the list of critically important ones in the spring of 2024.

According to information, the Ministry of Economy of Ukraine approved the lists of employees eligible for reservation on September 17. The final decision on reservation was to be made no later than September 23. However, the order for reservation was only issued on November 5. On October 30, the man was summoned to the territorial recruitment center, where the order for summons was issued. He was enrolled in the personnel of the military unit on October 31.

The court's decision and its significance

The court of first instance denied the claim, citing the lack of a formal reservation decision at the time of mobilization. However, the appellate court recognized that there were all legal grounds for reservation at the time of the summons. Thus, the court's decision became an important precedent in the case of protecting the rights of workers from critically important enterprises during mobilization.

This case highlights the need for compliance with mobilization legislation, especially in the context of protecting the rights of employees who are strategically important for the country. The decision of the appellate court may serve as a basis for further legal proceedings and influence the practice of reserving employees from critically important enterprises in Ukraine, ensuring their legal protection during martial law.