Publication date: 23.01.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Today, the issue of the reservation of employees is quite relevant, considering the current conditions of martial law in Ukraine.
- In this article, we would like to draw attention to some aspects that are related to such procedures regarding the reservation of certain categories of employees.
- This article will be devoted to just such a relevant topic.
- And if you have a question of a military nature, be sure to contact the lawyers and attorneys of the legal marketplace "Consultant", whose legal experts will be able to provide you with qualified legal assistance or advice.
Yes, recently the Ministry of Economy issued recommendations regarding such a booking procedure.
- First of all, it should be noted that the recommendations were sent to understand the situation specifically for central and local authorities.
- This also applies to the General Staff of the Armed Forces of Ukraine.
In the recommendations of the Ministry's letter dated 10.01.2024 under number 2704-20/2153-01, it is determined that in order to ensure mutual and coordinated work between state authorities and local self-government bodies, as well as between various institutions, organizations and enterprises, including territorial procurement centers and of social support (hereinafter referred to as TCC and SP), the bodies of the Security Service of Ukraine and some other bodies regarding the preparation of documents on postponement, the Ministry of Economy proposed the following algorithm of actions for the implementation of the procedure for booking employees, namely:
1. organization of interaction between the TCC and SP (other competent bodies of the Security Service of Ukraine) in accordance with the locations with local authorities and state authorities, in the matter of terms of re-registration or booking of employees who are conscripted;
2. preparation of documents related to the reservation, the list of which is determined by the Reservation Procedure dated February 4, 2014 under number 45.
It should be said here that the following requirements for such documents must be taken into account: when conscripts who have the right to a deferment or those who work at enterprises, institutions or organizations or in authorities where the issue of booking such persons is determined, must issue the relevant Certificate of Deferral. You should also issue a Notice regarding the enrollment of these persons in the special military registration.
In the above-mentioned documents, such nuances should be noted that those conscripts who have the right to postponement or are subject to reservation "for the period of mobilization."
Those conscripts who work officially at enterprises "have the right to armor for 6 months."
In the event that the terms of such reservations expire, the authorized persons of such enterprises should carry out the procedure for extending the reservation of their employees and, accordingly, issue new Notices and Certificates also for 6 months. In addition, it should be emphasized that the Ministry of Economy stated that such Reservation Procedure dated 02.04.2014 under number 45 does not have norms that can limit the reservation of those conscripts who have a military accounting specialty, which is considered " deficient" for the Armed Forces of Ukraine.
