Do reserved persons need to submit an application for postponement?

Do reserved persons need to submit an application for postponement?

Reservation of employees has become one of the most relevant topics for employers today. This procedure has been in operation since 2023, but since May 18 of this year, it has been changed, which raises many questions, in particular, about the procedure for notifying the Territorial Center of Recruitment and Social Support about reserved workers. The purpose of this article is to identify specific changes that have become relevant for employers.

Structure, purpose and procedure for obtaining an extract from the booking decision

To understand the reservation procedure, you should refer to Article 25 of Law No. 3543 and Order No. 76. According to paragraph 11 of this Order, after receiving a decision on reservation from the Ministry of Economy, an enterprise (institution, organization) issues military service to the applicant an extract from the specified decision according to the form contained in Appendix 3. This extract, certified by the signature of the head and a seal (if available), is a document confirming the granting of a deferment to a conscript. It is issued against the background of the information drawn up in the form mentioned in Appendix 4 to Order No. 76, and must contain the number and date of the order of the Ministry of Economy granting the reservation, as well as the period of validity of the postponement.

The form, order and terms of the notification of the Territorial Center of Recruitment and Social Support on the reservation of conscripts

Within five working days from the moment of issuing a statement to a conscript, the enterprise must send a notification about the reservation of the conscript to the Territorial Center for Recruitment and Social Support.

This notification is made in accordance with the form in accordance with Appendix 5 to Order No. 76. This document is the basis for enrolling a booked employee in a special military registration in the TCC and SP at the place of his military registration.

The message indicates the number and date of the order of the Ministry of Economy, which granted the reservation, as well as the period of validity of the postponement. This means that a conscript is granted a deferment from military service during mobilization. In addition, the Ministry of Defense informs the TCC and SP about its decision on booking a conscript, and the TCC and SP are obliged to enroll him in a special military register no later than within five working days from the moment of receiving this decision.

Postponement for persons who were booked by the location of the enterprise

Starting on May 18, 2024, amendments were made to Law No. 3543, which obliges enterprises, institutions and organizations that have reserved their employees to issue a postponement of conscription for military service for conscripts. This registration takes place in the relevant Territorial centers of procurement and Specialized commissions at the location of the enterprise. The new requirements also provide for informing the TCC about reservations, despite the existing Unified State Register of Conscripts.

The following documents must be submitted to the Territorial Picking Center at the location of the enterprise to apply for a postponement.

In order to apply for a postponement, the booked employee must submit the following documents to the Territorial Picking Center at the location of the enterprise, in accordance with Appendix 5 to Order No. 560:

• Petition of the head of an enterprise, institution or organization regarding the registration of a postponement of conscription for military service during the mobilization of conscripts who are booked in accordance with the procedure determined by the Cabinet of Ministers of Ukraine.
• Excerpt from the order of the Ministry of Economy on reservation of conscripts.

The petition must contain information about the conscript and grounds for granting him a deferment. Regarding the form of the extract, it should be drawn up according to the form in accordance with Appendix 3 to Order No. 76.

Dual procedure for informing TCC regarding reserved employees

Perhaps this double notification procedure will be abolished soon, but for now the situation is as follows:

• TCC at the place of military registration of the booked employee must be notified, i.e. a notification is sent using the form specified in Appendix 5 to Order No. 76
• It is necessary to submit a petition and an extract from the order of the Ministry of Economy on the reservation of conscripts to the TCC at the location of the enterprise, in accordance with the requirements of Order No. 560.

Legal support

Legal support in matters related to the employee reservation procedure and deferment from military service is critical to ensure compliance with legal requirements. Consulting a lawyer can provide the necessary clarification regarding the requirements of Order No. 560 and other legal acts that regulate this area. The cost of legal services in this context depends on the complexity of the case and the scope of necessary actions, including the legal analysis of documentation and the provision of legal protection of the enterprise. Obtaining competent legal assistance can be a decisive factor in the responsible fulfillment of all requirements regarding the reservation of employees and ensuring their postponement from the draft.