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Publication date: 24.05.2024
Introduction
On May 14, 2024, the Ministry of Economy of Ukraine provided clarification regarding the organization of reservist booking in the conditions of the legal regime of martial law. These clarifications are crucial for ensuring the proper functioning of enterprises and organizations in conditions of mobilization, as well as for preventing unjustified conscription of key employees necessary for the country's economic stability.
Extension of Deferment Periods
The Ministry of Economy reminded that by Government Resolution No. 516 "On the extension of deferment periods from conscription for military service during mobilization," automatic extension of deferment periods from conscription for military service during mobilization was established. These deferments were granted to reservists by decisions of the Ministry of Economy in accordance with the Cabinet of Ministers of Ukraine Resolution of January 27, 2023, No. 76 "On certain issues of implementing the provisions of the Law of Ukraine 'On mobilization training and mobilization' regarding the booking of reservists for the mobilization period and wartime."
Automatic Extension of Periods
According to Resolution No. 516, if the deferment period from conscription for military service during mobilization, granted to reservists by the decision of the Ministry of Economy, does not expire on the day of adoption of this resolution, it is automatically extended by one month. For example, if the deferment period expires on May 17, 2024, then according to the resolution, this period is automatically extended until June 17, 2024.You may be interested in the following articles: Analysis, consultation, evaluation. legal analysis of the situation, lawyer's consultation, lawyer's consultation, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online.
Absence of the Need for Additional Decisions
An important aspect of Resolution No. 516 is that it does not envisage the adoption by the Ministry of Economy of additional decisions regarding the extension of deferment periods from conscription for military service that have not expired as of May 7, 2024. This means that all valid deferments as of this date are extended automatically without the need for additional administrative actions by the Ministry.
Practical Recommendations for Enterprises
The Ministry of Economy recommends taking into account the aforementioned provisions when organizing the booking of reservists and interacting with territorial recruitment and social support centers. Below are several key recommendations for enterprises.
Monitoring Deferment Periods: Enterprises need to regularly check the deferment periods from conscription for military service of their employees. Due to the automatic extension of periods established by Resolution No. 516, enterprises can be confident in the preservation of deferments for an additional month without the need for additional actions.
Interaction with Territorial Recruitment Centers: Despite the automatic extension of deferment periods, it is important to maintain constant communication with territorial recruitment and social support centers. This will help avoid possible misunderstandings and ensure timely information about changes in the status of employees.
Documentary Confirmation: Enterprises should keep all documents confirming deferments from conscription for military service, as well as letters from the Ministry of Economy and other relevant regulatory acts. This will allow for quick provision of necessary information in case of inspections or disputes.
Assessment of Critically Important Positions: It is important for enterprises to assess critically important positions not only in terms of providing deferments from conscription for military service but also in terms of developing plans for replacement of their workforce in case of their conscription. This may include training backup personnel, reviewing business processes to ensure operational efficiency in the absence of key employees, and developing crisis management strategies.
Conclusion
Thus, the clarification provided by the Ministry of Economy regarding the organization of reservist booking in the conditions of the legal regime of martial law defines important aspects that enterprises must consider to ensure effective functioning during mobilization. The automatic extension of deferment periods and the absence of the need for additional decisions streamline the personnel management process during periods of crisis. However, it is crucial for enterprises to actively interact with territorial recruitment centers and conduct an assessment of critically important positions to effectively manage risks and ensure stability during wartime.
