Subject of Dispute: Payment of Average Earnings to an Employee on Military Service during Mobilization.
Main Arguments of the Court:
1. The court deviates from previous judicial practice and forms a new legal position regarding the preservation of average earnings for employees performing scientific and pedagogical activities during mobilization.
2. A law adopted in 2022 canceled the general rule of preserving average earnings for mobilized individuals, but maintained such a guarantee for pedagogical and scientific-pedagogical employees.
3. The plaintiff actually performed the functions of a scientific-pedagogical employee, despite the formal position of a first-category specialist, which is confirmed by his scientific publications and additional responsibilities.
Court Decision: To cancel the decision of the appellate court and refer the case for a new review to clarify the employee’s status in detail.
