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Publication date: 15.10.2024
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Reservation of conscript workers
Reservation of conscript workers at enterprises is a topical issue in connection with the war in Ukraine. In the conditions of mobilization, many enterprises are faced with the need to retain their key personnel to ensure the stability of work and the functioning of the economy. In this context, the help of lawyers of the "Consultant" service, who can provide the necessary information and support, plays an important role.
Question
Which companies provide armor against mobilization?
Respond
Businesses that can provide armor against mobilization include government agencies critical to the economy of the enterprise and organizations that perform mobilization tasks for national security.
Question
Who has armor against mobilization?
Respond
Conscript workers who hold critical positions at enterprises that ensure the functioning of the economy and state institutions are immune from mobilization.
Reservation of conscripts is a postponement of conscription for military service during mobilization. The deferment is granted to employees whose work is critical to the functioning of the economy, government institutions and other organizations during a special period, including martial law. Who has a reservation from mobilization typically includes employees in critical industries, government positions, or those whose skills are essential for national security.
By the beginning of October 2024, more than 1 million workers who meet the criteria defined by the law have already been booked in Ukraine. In accordance with the current legislation, the reservation of employees is regulated by the resolutions of the Cabinet of Ministers of Ukraine, in particular Resolution No. 76, which defines the main criteria for making reservations.
Reservation of conscripted employees is possible, but the number of reserved employees cannot exceed 50% of the total number of conscripted employees at the enterprise.
A clear procedure must be followed to organize a reservation, including the submission of documentation to the General Staff and the Ministry of Economy.
The validity period of the armor is limited to 12 months, after which it must be reviewed and renewed.
Reservation from mobilization at the enterprise provides protection for employees deemed essential for the organization's operations during times of military mobilization. Reservation of the enterprise from mobilization ensures that critical staff members remain available to maintain essential functions in the organization during periods of heightened military activity. What reservation from mobilization looks like typically includes a formal document issued by relevant authorities that outlines the names of employees and their protected status.
Basic booking rules
Enterprises that have the ability to book conscript workers must meet certain criteria. In particular, these can be:
- State institutions and organizations that ensure the functioning of the state apparatus.
- Enterprises with mobilization tasks.
Critically important for the economy of the enterprise. - To determine this status, the enterprise must meet two or more criteria, for example, pay taxes in the amount of more than 1.5 million euros, receive income in foreign currency in the amount of more than 32 million euros, or have strategic importance for the state.
In order to issue a reservation for conscripted employees, the company must go through several stages. First of all, it is necessary to prepare a list of employees who are planned to be booked and submit it for approval to the General Staff. After approval, the list is submitted to the Ministry of Economy for issuing a reservation order.
According to the legislation, armor from mobilization is granted for a period of up to 12 months. After the expiration of this term, it must be reviewed and, if necessary, renewed relevant documents. In some cases, due to changes in legislation or the operation of the enterprise, the reservation can be revised earlier, but the general rule is a reservation for one year.
What is important to know
Every company that plans to book its employees must collect the necessary documents to confirm the status of the company or organization. An important aspect is the submission of the correct list of employees. The document confirms the armor against mobilization - it is the basis for the military commissariats in the formation of military records of employees.
It is also important to note that only after the Ministry of Economy approves the relevant order, employees officially receive armor from mobilization. This means that, on the basis of an extract from the order, conscripted employees of the enterprise are automatically included in the special record, and a deferment applies to them.
Conscripts can be booked for:
- Civil servants.
- Employees of institutions with mobilization tasks.
Employees of enterprises critically important for the economy.
According to the current legislation, each enterprise must strictly adhere to reservation quotas, which do not exceed 50% of the total number of conscripts in the enterprise. In order to confirm the reservation, it is important to comply with the terms of submission of lists to the relevant government authorities. Work with armor against mobilization must be organized by the personnel services of the enterprise in accordance with established procedures and deadlines.
Legal assistance of lawyers of the "Consultant" service when booking at the company
Lawyers of the "Consultant" service provide comprehensive support to enterprises in the process of obtaining a reservation. The correct processing of documents confirming the reservation from mobilization is critical, as any mistake can lead to the refusal of the reservation.
Lawyers of the "Consultant" service can provide the following services when booking employees:
Consultations on reservation issues — provision of legal clarifications regarding the reservation process for conscripted employees.
- Analysis of legislative requirements — research of current regulations on reservations.
- Enterprise assessment — analysis of the enterprise's compliance with the criteria for obtaining armor.
- Labor law consultation — providing legal advice on labor relations issues in the context of booking.
These services help businesses efficiently organize the process of booking employees and comply with all legal requirements.
Working with reservation from mobilization involves following a structured process to apply for and maintain the status of employees who are protected from being drafted. Reservation of employees from mobilization can include various categories of workers, such as those in healthcare, utilities, or other essential services. Reservation from mobilization for how long is generally granted for a period of up to 12 months, after which it must be reviewed and renewed if necessary.
The procedure for booking conscript workers at enterprises in Ukraine is clearly regulated and is important for maintaining the country's economic stability during mobilization. Reservation of employees allows to ensure the functioning of critically important institutions and organizations, to protect against the mobilization of key employees and to maintain national security and the economy in wartime conditions. Lawyers of the "Consultant" service will provide qualified assistance in booking matters, which allows enterprises to effectively organize this process and minimize the risks associated with mobilization.
