The Cabinet of Ministers has changed the criteria for the reservation of employees by critical enterprises

The Cabinet of Ministers has changed the criteria for booking employees of critical enterprises - Legal assistance

The Cabinet of Ministers approved a new version of the criteria and procedure for determining enterprises, institutions and organizations that are critically important for the functioning of the economy and ensuring the livelihood of the population during a special period, as well as critically important for the needs of the Armed Forces and of other military formations. New requirements for employers and employees were introduced, as well as an online procedure was introduced through the Diya portal.

List of limits set for booking conscripts

The number of reserved conscripts in state bodies cannot exceed 50% of their number as of May 18, 2024, or on the date of submission of the lists in case of an increase in the number of employees.

During martial law, it is allowed to reserve no more than two assistants for each People's Deputy, who work on a permanent basis and are attached to the Apparatus of the Verkhovna Rada. A limit of 50% also applies to state authorities, the prosecutor's office, the Bureau of Economic Security, Justice and Pretrial Investigation. The same applies to employees of the executive service, the NABU, the State Security Bureau, courts in positions of categories "B" and "B", local authorities (except managers).

For the police and the State Emergency Service, the 50% requirement may be exceeded by a separate decision of the Minister of Defense at the request of the Minister of Internal Affairs.

Who is 100% bookable

All conscripts who hold the following positions are subject to reservation:

• State service category "A"
• Full-time employees of patronage services of state bodies with jurisdiction over the entire territory of Ukraine
• Heads of regional, district and city state (military) administrations
• Civil service of category "B", if temporarily performing duties from a vacant position of civil service of category "A"

All conscripts in the courts, the Constitutional Court, the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the State Judicial Administration in civil service positions of category "A" and the patronage service of state bodies are also subject to 100% reservation. . In addition, all conscripts who hold the positions of heads of regional, district, district city councils, village, settlement and city heads are subject to reservation.

Criteria for determining critical enterprises for the country's economy and security

The main criteria include:

• Payment of taxes and contributions to the budget in excess of one million five hundred thousand euros per year.
• Revenue in foreign currency over thirty-two million euros per year.
• Strategic importance for the country's economy and security.
• Importance to the industry or territorial community.
• No social insurance arrears.
• Average salary at or above the regional rate.
• Residence in Diya City.

Especially important are enterprises that manufacture, repair and dispose of weapons, military equipment and ammunition for the Armed Forces and other military formations. They receive the status of critical importance from the moment of inclusion in the relevant list.

In order for the enterprise to receive this status, it is necessary to submit documents for inclusion in the list.

A copy of the decision will be sent to the Ministry of Economy and the Ministry of Defense.

Expiration period of deferment for reserved persons

The term of deferment from mobilization for reserved conscripts cannot exceed the duration of mobilization (for conscripts from government agencies) and the term of the contract for the supply of goods, performance of works or services (for conscripts employed at enterprises that provide for the needs of the Armed Forces and other military formations).

Conscripts at enterprises, institutions and organizations of critical importance for the economy are booked for a period of up to 12 months, instead of the previous 6 months.

How will a reservation be made through the "Diyu" application

Resolution No. 650 launches the online booking mechanism through the Diya portal. However, the Ministry of Economy has yet to form a single list of employers that will be included in this mechanism.

Lists for reservation will be submitted by state bodies and enterprises included in the single list through "Diya". This will happen after passing identification, in particular authorization using an electronic signature.

"Action" will receive data on the total number of conscripts in each legal entity, as well as on the number of conscripts with a deferment and transferred to a special military account. After verification, such employees will automatically be transferred to a special account with a period of deferment from mobilization, from that moment they will be considered reserved.

The importance of a lawyer's participation in the process of obtaining a deferral

The lawyer ensures the correct and timely preparation of the necessary documents, provides advice on legal nuances and helps to avoid possible mistakes that could lead to the denial of a postponement. He also represents the client's interests in disputed situations and provides legal support in case of additional requirements or inspections by military authorities. Contacting a lawyer increases the chances of successfully obtaining a postponement, ensuring compliance with all legal procedures and protection of the client's rights.

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