Publication date: 22.05.2024
Lawyer
The procedure for Employee reservations - conscripts in Ukraine
Understanding Wartime Employee Reservations
In the conditions of the ongoing war in Ukraine, the general mobilization of conscripts continues as a critical measure. However, in order to ensure the continuous operation of the main enterprises, there is a mechanism that allows the reservation of key employees.
These employees, once booked, receive a temporary deferment from the draft, allowing them to continue in their respective positions during mobilization and wartime.
Legal basis and procedure for booking employees
Employee booking mechanism
Booking of employees is regulated by special legal procedures defined by the legislation of Ukraine. On January 27, 2023, the Cabinet of Ministers of Ukraine adopted Order No. 76, outlining the updated mechanism for booking employees. Resolution No. 400 dated April 28, 2023, which entered into force on May 2, 2023, clarified this procedure.
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Conditions and features of booking employees
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Eligible persons for reservation
The reservation applies to conscripts who work in:
Bodies of state power and local self-government: ensure uninterrupted functioning of these bodies.
Enterprises with mobilization tasks: these entities must fulfill specific mobilization tasks or orders.
Businesses supporting the armed forces: include production, work or services critical to military needs.
Critical enterprises: necessary for the economy and livelihood of the population in special periods.
Booking process
Step-by-step procedure
Presentation of lists:
Relevant subjects (state authorities, critical enterprises, etc.) must submit lists of conscripts to the relevant executive authority or regional administration.
Specialized UN agencies, foreign diplomatic agencies and other international organizations submit their lists to the Secretariat of the Cabinet of Ministers of Ukraine or the Ministry of Foreign Affairs.
Approval and agreement:
The Ministry of Defense, SBU or the Foreign Intelligence Service reviews and approves the lists, ensuring their compliance with state needs.
Then, on the basis of the approved lists, the Ministry of Economy makes the final decision on reservation.
Issuance of postponement:
Military personnel booked into conscription are granted a deferment from the draft, allowing them to remain in civilian positions during mobilization.
Key points for employers
Conditions for booking employees
Criteria for enterprises:
Businesses must demonstrate their critical importance to the economy or national needs.
No more than 50% of conscripts at the enterprise can be booked. This limit may be exceeded if justified, especially in the fuel and energy sector where no limit has been set.
Documentation:
Employers must prepare comprehensive lists, including detailed justifications for booking each recruit.
Coordination with the Ministry of Digital Transformation and the Ministry of Economy is crucial for booking processing.
Reporting and Compliance:
Businesses must report on the status of reserved employees quarterly to ensure compliance with reservation conditions.
Special cases and exceptions
Critical sectors and foreign organizations
Fuel and energy sector:
There is no 50% reservation limit for businesses in this sector, recognizing their critical importance.
International organizations:
Specialized UN agencies, foreign diplomatic missions and humanitarian organizations follow a slightly different submission process that reflects their unique roles.
Conclusion
Reservation of employees in Ukraine is a vital mechanism for balancing the needs of national defense with the need to support critical economic functions. By following outlined procedures and meeting established criteria, businesses can ensure that critical workers remain in their positions, contributing to both the national economy and overall stability in times of mobilization and conflict. This close coordination helps support critical operations while supporting Ukraine's defense efforts.
