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When will be the reservation of Individual entrepreneurs

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PREMIUM 48.38
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Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnytskyi Oblast
Khyzhavska Olesia Yaroslavivna

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Publication date: 18.04.2024

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     In Ukraine, the reservation of employees in martial law is an important component of the system of mobilization and readiness for the country's defense in the event of a threat of external aggression or military conflict. According to the legislation of Ukraine, in case of declaration of martial law or mobilization of national resources, heads of enterprises, institutions and organizations are obliged to provide a list of employees who are subject to reservation, employee reservations.

    Individual entrepreneurs (PEPs) are not included in the list of persons who can reserve conscripts. This means that non-profit organizations do not have the right to protect their employees from mobilization.

    Registration as a sole proprietorship is quite common in the IT field, especially among professionals who work on projects or provide consulting services. This is usually related to the desire of such specialists to have greater freedom and flexibility in choosing projects, a flexible work schedule, as well as the possibility of optimizing tax payments.

     Regarding the booking of IT specialists who work as FOP or on gig contracts, the Ministry of Economy of Ukraine is considering the possibility of amending the legislation to harmonize this practice. This can be an important step in ensuring the country's security and efficient use of resources under martial law.

    Changes to the legislation on the reservation of IT specialists who work as FOP or on gig contracts can reflect the current realities of the labor market and take into account the specifics of these professional groups.

     In such cases, IT professionals can command high salaries, especially if they are skilled professionals with popular skills or specialize in narrow industries. Project managers are often willing to pay a fixed rate for the services of such professionals because they understand their value to the successful completion of the project.

    It is worth noting that providing mobilization armor for such specialists can be important, since they are often key players in projects and have a significant contribution to the development and efficiency of companies. Due to the high demand for IT professionals and high salaries in this field, project managers are often willing to pay a fixed rate to FOPs to attract them to their projects. This can be beneficial for both the professional and the company, as it allows both parties to have flexibility and work together effectively.

    The development of a new model for the reservation of employees in the Verkhovna Rada is an important step in the context of ensuring national security and mobilizing resources in the event of a potential threat. Extending this model to FPOs may be an important aspect, especially given their significant role in the economy and workforce.

    The introduction of a new booking model that extends to FOPs can have a significant impact on the business community and workforce. It is important to consider how this model will affect the flexibility and efficiency of the FOP's work, as well as how it will fulfill its main tasks of ensuring national security.

    This process may include a thorough analysis of legislation, consultation with stakeholders, and the development of specific rules and procedures to implement the new model. It is also important to consider the potential challenges and obstacles that may arise when implementing a new system.

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