We recently talked about how to get a deferment from the draft during mobilization (link to the article about it). The reservation of employees by state bodies, enterprises, institutions, and organizations is one of the reasons for obtaining a deferment, so it is worth paying attention to the procedure of booking employees, moreover, this procedure has undergone regulatory changes since the introduction of martial law. So, back in March, the Cabinet of Ministers adopted a new procedure, approved in the Resolution of the CMU of March 3, 2022 No. 194 “Some issues of reservation of conscripts in the conditions of the legal regime of wartime”.
The lawyers of Bachynskyi and Partners JSC have prepared for you answers to the most common questions regarding the reservation of employees during the period of martial law in accordance with the new order.
WHO CAN RESERVE WORKERS FROM MOBILIZATION?
During martial law, in addition to state bodies, all enterprises, institutions, and organizations that meet the needs of the Armed Forces, other military formations, and the population can reserve employees, regardless of the presence of mobilization tasks.
A natural person-entrepreneur cannot reserve his own employees, since neither the Law of Ukraine “On Mobilization Training and Mobilization” nor Resolution No. 194 define natural persons-entrepreneurs in the list of those who can reserve conscripts.
WHO CAN BE BOOKED DURING MARTIAL LAW?
If the enterprise, institution, organization has the right to book employees, then, in fact, it can book any of its employees under the following conditions:
- An employee works on the basis of an employment contract or an employment contract. (individual entrepreneurs working for an enterprise, institution, organization on the basis of a civil law contract, as well as gig specialists working on the basis of a gig contract cannot be booked);
- The employee is conscripted and, accordingly, is on the military register (women who are not on the military register, as well as men who are removed from the military register cannot be booked);
- The employee had previously completed military service (the legislation does not provide for such a requirement, however, in certain decisions, reservation was refused on this basis).
WHO CANNOT BE RESERVED FROM MOBILIZATION DURING MARTIAL LAW?
Even with all the conditions we have listed above, there are also certain categories of employees that cannot be booked, including:
- Employees who have a deferment from the draft during mobilization for other reasons
For example, if an employee has orphaned children to support or is raising a child under the age of 18 on his own, or at the same time is a full-time student and received a deferral due to such a reason, he cannot be booked until the existence of circumstances that are the basis for postponement
Such a ban is stipulated by the letter of the Ministry of Economy dated March 8, 2022 No. 2714-20/9420-03 and is related to the prevention of double postponement.
- Employees who have a shortage of military accounting specialties
For example, there is a shortage of such military accounting specialties as the specialties of combat vehicles and armored personnel carriers (121 – Infantry combat vehicles, 122 – Landing combat vehicles, etc.), artillery (133 – 152-mm cannon, 134 – 152-mm self-propelled guns, 136 – Self-propelled guns from 76-mm to 130-mm, 137 – Anti-tank guns, etc.), tank (113 – Medium tanks, 117 – Tanks with rocket-cannon weapons, etc.), rifle and reconnaissance (110 – Snipers) , radio technical means of missile control(065 – Operational-tactical missiles, 071 – Low-range anti-aircraft missiles, etc.) etc. Such a ban is established by the Letter of the Ministry of Defense dated March 11, 2022 No. 220/1469, which contains a complete list of scarce specialties. The military registration specialty of the employee can be checked in the military ticket.
HOW TO RESERVE AN EMPLOYEE FROM MOBILIZATION?
The procedure for booking an employee includes several stages:
- Determine the list of employees who will be booked
At this stage, it is necessary to determine whether the employee is subject to reservation at all, as well as to determine those positions involved in the enterprise, without which it will be difficult for the enterprise, institution, organization to function. In order not to risk getting a booking rejection, it is best to choose for booking such positions that are critical to the industry and scarce in the market. Sometimes state authorities simplify the selection of positions, in particular, the Ministry of Energy and Coal Industry of Ukraine has defined a list of positions for which reservations are allowed at the facilities of the fuel and energy complex.
- Making a reservation proposal and sending it to the relevant authorities
After choosing the employees that the company, institution, organization wants to book, it is necessary to make a proposal for booking. Please note that there is a prescribed form for such an offer, which must be followed, all columns of this form must be filled out.
In addition to the proposal, you must also write a cover letter. It can already be of any shape. In the cover letter, it is worth mentioning information about the enterprise, institution, organization and information about how it performs tasks to meet the needs of the Armed Forces, other military formations, and the population. If available, it is best to add supporting documents to the cover letter (they can be contracts, decisions of military administrations).
Next, the proposal and accompanying letter must be sent to the relevant state authorities, depending on the sphere in which the enterprise, institution, organization carries out economic activity. For example, agricultural companies will apply to the Ministry of Agrarian Policy and Food of Ukraine, IT companies to the Ministry of Digital Transformation of Ukraine, banks to the National Bank of Ukraine, energy companies to the Ministry of Energy and Coal Industry of Ukraine.
After receiving a package of documents for reservation, the specialized body agrees the Proposals with the Ministry of Defense and sends them to the Ministry of Economy of Ukraine, which makes a decision on the reservation of employees.
HOW LONG IS THE EMPLOYEE RESERVATION VALID FOR?
The reservation of employees and their deferment from conscription during mobilization is valid for a period determined by the Ministry of Economy of Ukraine in its decision, but cannot exceed 6 months.
What is an employee booking confirmation?
An extract from the Order of the Ministry of Economy of Ukraine is a confirmation of the reservation of employees and their postponement from conscription for military service during mobilization.
Lawyers of Bachynskyi and Partners JSC support the booking of employees for enterprises, institutions and organizations. If you have any questions or need to book employees, we will be happy to provide you with qualified assistance.
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