Publication date: 26.05.2024
Lawyer
PROCEDURE for booking conscripts
Reservation of employees during martial law is a key mechanism for ensuring the stable operation of critical enterprises. This is especially important during periods of mobilization, when enterprises must maintain their functionality to support the economy and the population's livelihood.
Who has a reservation from mobilization ?
Conscripts who work at enterprises that meet the established criteria may be exempted from mobilization. The main categories of employees subject to reservation:
Employees of enterprises performing mobilization tasks (orders):
Enterprises that have been assigned mobilization tasks have the right to book the employees needed to fulfill these tasks.
Employees of enterprises that provide the needs of the Armed Forces of Ukraine and other military formations:
Enterprises that produce goods, perform works or provide services necessary to meet the needs of military formations.
Enterprises are critically important for the economy and life of the population:
Enterprises that perform important functions for the economy and life of the population have the opportunity to book employees regardless of their military rank, age and military accounting specialty.
Which companies provide armor against mobilization?
In order for the enterprise to provide armor against mobilization, it must meet certain criteria:
Mobilization tasks:
Enterprises with established mobilization tasks (orders).
Critically important enterprises:
Enterprises that provide for the needs of military formations or the functioning of the economy and life of the population in a special period.
Special categories of enterprises:
Enterprises of the fuel and energy complex, state enterprises of screening control, enterprises that provide services and works for the operation and maintenance of the property of state authorities, media, health care, education and others, which are determined by the relevant state authorities.
Procedure for booking employees
Reservation of employees is carried out according to the lists of conscripts, which are submitted to the relevant state bodies.
The procedure includes several stages:
Preparation of lists:
Companies prepare lists of conscripted employees who are offered for reservation. These lists must contain justification and a certificate of the number of conscripts.
Presentation of lists:
Lists are submitted in paper and/or electronic form to state authorities that have set mobilization tasks.
Approval from the Ministry of Defense:
State authorities check the completeness and correctness of filling out the lists and submit them for approval to the Ministry of Defense within five working days.
Granting a postponement:
After the approval of the Ministry of Defense, reserved conscripts are granted a deferment from conscription for military service during mobilization. The term of the postponement cannot exceed the term of the mobilization.
Limitations and exclusions
The number of conscripts subject to reservation must not exceed 50% of the total number of conscripts in the enterprise. However, for enterprises of the fuel and energy complex, the list of which is approved by the Ministry of Energy, this restriction does not apply.
Conclusion
Reservation of employees from mobilization , reservation of the enterprise from mobilization is complex and requires detailed knowledge of legislative norms and procedures. In order to successfully carry out a reservation against mobilization at an enterprise or reserve an enterprise against mobilization and ensure its stable operation during mobilization, contact the lawyers and lawyers of "Legal Marketplace Consultant" LLC.
Our specialists will provide you with qualified advice and assistance in all matters related to the reservation of employees. Professional support will help you avoid mistakes and ensure the smooth functioning of your business during a special period.
