Business discussed the issues of reservation and military registration of employees

13/ 06/ 2023

The topic of employees reservation in martial law conditions does not lose its relevance. The reservation procedure has already changed for several times, which has added new challenges for the business. On June 13, 2023, during the EBA Odesa Corporate Security Working Group’ meeting, the reservation and military registration of employees were discussed. Together with invited speakers from Arzinger Law company — Kateryna Oliinyk, partner, attorney-at-law, Intellectual Property Rights Data Protection & IT co-head and Kseniia Lotosh, lawyer, labor law practice — focused on the reservation’s algorithm of employees, the criteria for classifying enterprises as critical for the purpose of reservation, the features of the reservation of directors and their deputies, etc. Thus, the new procedure of employee’s reservation according to Resolution No. 76 of the Cabinet of Ministers of Ukraine dated January 27, 2023, was enacted primarily to adapt the previous practice. Also, such an important criterion as the possibility of employee reservation by critically important enterprises was added. And this criterion (the critically important enterprises) is still the most widely used. Important tips: The number of military service employees liable, not the number of employees of the enterprise, becomes the basis for determining the 50% of persons who are the subject of reservation. If the Ministry of Economy took a decision regarding the reservation of an employee, it is necessary to check if this person included in a special register in territorial recruiting center. Currently, in practice, there are no significant obstacles for the departure of men abroad on a business trip who have the appropriate permits. Reconciliation of lists of liable for military service employees with the General Staff of the Armed Forces of Ukraine is the most time-consuming issue faced by businesses. Therefore, the larger list that you submit for approval is, the longer it will take to review. And General Staff may even return the list without review. Therefore, it is better to submit persons for reservation in parts, differentiate individual categories of employees and as follows speed up this approval process. Regarding persons who have a shortage of military specialties: there is no publicly available information on which specialties of military officers are in shortage. And accordingly, if such people are on the list, it can also be returned. It is important to remember that each reservation case is special and requires a complex and individual approach. Recall that more than 80% of EBA member companies have announced the mobilization of a significant number of employees. Half of these companies mobilized up to 10% of liable for military service employees. This creates serious problems in the companys work. The most difficult situation is with small companies and enterprises. This problem is peculiar not only to the center, it is a regional problem also. We hope that a middle ground will be found between the provision of military needs and the stability of the economy.

01/

The topic of employees’ reservation in martial law conditions does not lose its relevance. The reservation procedure has already changed for several times, which has added new challenges for the business.

On June 13, 2023, during the EBA Odesa Corporate Security Working Group’ meeting, the reservation and military registration of employees were discussed. Together with invited speakers from Arzinger Law company — Kateryna Oliinyk, partner, attorney-at-law, Intellectual Property Rights Data Protection & IT co-head and Kseniia Lotosh, lawyer, labor law practice — focused on the reservation’s algorithm of employees, the criteria for classifying enterprises as critical for the purpose of reservation, the features of the reservation of directors and their deputies, etc.

Thus, the new procedure of employee’s reservation according to Resolution No. 76 of the Cabinet of Ministers of Ukraine dated January 27, 2023, was enacted primarily to adapt the previous practice. Also, such an important criterion as the possibility of employee reservation by critically important enterprises was added. And this criterion (the critically important enterprises) is still the most widely used.

Important tips:

The number of military service employees liable, not the number of employees of the enterprise, becomes the basis for determining the 50% of persons who are the subject of reservation.
If the Ministry of Economy took a decision regarding the reservation of an employee, it is necessary to check if this person included in a special register in territorial recruiting center.
Currently, in practice, there are no significant obstacles for the departure of men abroad on a business trip who have the appropriate permits.
Reconciliation of lists of liable for military service employees with the General Staff of the Armed Forces of Ukraine is the most time-consuming issue faced by businesses. Therefore, the larger list that you submit for approval is, the longer it will take to review. And General Staff may even return the list without review. Therefore, it is better to submit persons for reservation in parts, differentiate individual categories of employees and as follows speed up this approval process.
Regarding persons who have a shortage of military specialties: there is no publicly available information on which specialties of military officers are in shortage. And accordingly, if such people are on the list, it can also be returned.
It is important to remember that each reservation case is special and requires a complex and individual approach.

Recall that more than 80% of EBA member companies have announced the mobilization of a significant number of employees. Half of these companies mobilized up to 10% of liable for military service employees. This creates serious problems in the company’s work. The most difficult situation is with small companies and enterprises. This problem is peculiar not only to the center, it is a regional problem also. We hope that a middle ground will be found between the provision of military needs and the stability of the economy.