Publication date: 03.06.2024
active and purposeful military lawyer with more than 4 years of experience
Reservation of employees: explanation of a lawyer
1. Introduction
Reservation of workers is an important tool of state regulation of the labor market during martial law and other emergency situations. This procedure allows businesses to keep critical workers at their workplaces despite military conscription. In this article, we will look at the main aspects of employee booking, the legal framework and the booking procedure.
2. Legislative framework
2.1. Basic normative acts
Reservation of employees is regulated by a number of regulations. The main document is the Law of Ukraine "On Mobilization Training and Mobilization". In addition, there are by-laws and resolutions of the Cabinet of Ministers of Ukraine detailing the booking procedure and the categories of employees that can be booked.
2.2. Definition of categories of employees
The legislation specifies that employees who perform critical functions to ensure the operation of enterprises, institutions and organizations that are of strategic importance for the economy and defense of the state are subject to reservation. These can be employees of the energy, transport, utility, medicine, and other industries.
3. Booking procedure
3.1. Application submission
The reservation procedure begins with the employer submitting an application to the relevant state authority. The application must state the reasons for the reservation and the list of employees who are proposed to be reserved. The employer must also provide justification for the need to book these employees.
3.2.Consideration of the application
The state authority considers the application and makes a decision on the expediency of booking employees. In the case of a positive decision, a corresponding order or reservation order is issued. This document is the basis for the release of employees from military service.
3.3. Paperwork
After receiving the booking order or order, the employer is obliged to issue the relevant documents for each booked employee. This may include issuing certificates or other supporting documents.
4. Obligations of the employer
4.1. Accounting
The employer must keep records of booked employees and update information about them in a timely manner. This includes changes in personal data, place of residence, change of position or specialty.
4.2. Informing employees
The employer is obliged to inform the employees about their status and responsibilities related to the reservation. Employees must be familiar with the documents confirming their reservation and know their rights and responsibilities.
5. Liability for violations
5.1. Employer's responsibility
The employer may bear administrative or criminal liability for violation of the reservation procedure or non-fulfillment of obligations regarding record keeping of reserved employees. This may include fines, sanctions or other measures provided for by law.
5.2. Responsibility of employees
Employees who abuse their status or fail to fulfill their booking responsibilities may also be held liable.This may include disciplinary measures or other sanctions provided for by the company's internal rules and legislation.
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