Article 16 of Law No. 5953 deals with military service in detail and provides three different outcomes for three different situations. What they have in common: military service does not extinguish the right to pay altogether.
The Three Situations
| Situation | Pay |
|---|---|
| Called up for drills or manoeuvres | The right to pay is fully preserved |
| Partial or general mobilisation | The first paragraph applies for three months |
| First compulsory military service | Half the last wage for the duration of the service |
Reserve Officers: The Difference Is Paid
For the first situation the article makes a fine adjustment: where the journalist receives military pay as a reserve officer, the employer pays not the whole wage but the difference. The aim is to preserve what the journalist actually receives, not to pay twice.
The Prohibition on Termination
In the case of mobilisation or compulsory service, termination becomes possible only after the period stated in the article (three months, or the duration of the service) has passed.
| Situation | Termination |
|---|---|
| During drills / manoeuvres | Not permitted |
| Mobilisation | After the three-month period has passed |
| First compulsory military service | After the period of service has passed |
If a Fixed-Term Contract Expires During Service
The article recognises an exception: where a fixed-term contract comes to an end of its own accord during military service, the employer is not liable to pay the wage. If the normal expiry date of a fixed-term contract falls within the period of service, the obligation ends on that date.
More Favourable Rights Are Preserved
The last sentence of the article provides protection: rights arising from a more favourable contract, practice or custom are preserved. If your contract has a better arrangement for military service, the Law does not override it.
The Sanction for Non-Payment
Article 27(c) provides an administrative fine for each journalist against an employer who does not pay the military service and pregnancy pay under Article 16.
Bottom Line
During drills and manoeuvres the journalist's right to pay is fully preserved; where reserve officer pay is received, the employer pays the difference. On mobilisation this regime applies for three months. During first compulsory military service half the last wage is paid. The contract cannot be terminated during drills and manoeuvres.
Pregnancy is covered in the maternity article.