A 2023 case: an employee sent the employer a photo of a draft notice and stopped responding. The company processed a dismissal due to mobilisation, but it later turned out the employee was not serving. We break down the correct sequence of actions and the documents that minimise legal risks.
The starting facts of the case
At the outset the employer had:
- A copy of the draft notice sent by the employee
- A dismissal order referring to mobilisation
- Lost contact with the employee
- Unofficial (unconfirmed) information that there was no service
Verifying the fact of mobilisation
The employer sends an official request to the territorial recruitment centre (TRC). A reply of “not mobilised / not serving” becomes the documentary basis for further action.
Which HR documents to draw up
A four-step sequence:
- An internal memo recording the circumstances
- An order cancelling the dismissal order
- A corrected timesheet
- A dismissal order with notification of the employee and proof of delivery
Adjusting the timesheet
Corrections must rest on a package of grounds: the recruitment centre’s reply, the cancellation order, and internal materials documenting the loss of contact with the employee.
Processing the dismissal and notifying the employee
The recommended approach: a cover letter, registered mail with delivery confirmation, and sending to all known addresses.
Important nuances to reduce risks
Record attempts to make contact (letters, calls, screenshots) and keep proof of dispatch: receipts, tracking numbers, delivery confirmations. If a dispute is likely, the recruitment centre’s reply is ambiguous, or the employee works part-time or remotely — it is worth involving a lawyer.
Describe your task
We will suggest a cooperation format and come back with a specific proposal.