Reservation of employees and the temporary departure of conscripts abroad – how does it work?
The reservation of critical employees from military service is currently an important issue for companies. On that depends the uninterrupted work of business to meet the needs of the people, as well as the functioning of the economy. Moreover, we have seen an increase in the number of inquiries on whether reserved staff can temporarily travel abroad and what is required.
The European Business Association has studied this issue and developed a detailed guide for reserving employees – see here.
Also, the EBA received a number of clarifications from government agencies, namely the State Border Guard Service and the Ministry of Economy, on the specifics of reserving employees and the possibility of their departure abroad. The details can be found at link 1 and link 2. And here are key points to consider.
If a company wants to reserve its employees, these are the main steps that it should take:
The first step should be an independent analysis of the company as to whether it falls into the category of those whose activities provide critical needs of the Armed Forces of Ukraine and the people. For example, it can be a manufacturer or an importer of critical products (such as food, feed, medicine, hygiene products, means of communications, and more); or a company that provides maintenance and operation of infrastructure facilities; etc. The company must also form a list of critical employees whose mobilization will lead to the suspension of the company’s work.
The next step for the company is to prepare an official letter to the relevant ministry or agency explaining why specific employees of the company should receive a deferral of mobilization. The letter must be accompanied by a list of employees for whom the company requests a reservation completed in accordance with this form.
After that, the company’s request will be considered by the relevant body, agreed with the Ministry of Defence, and forwarded to the Ministry of Economy. When there are all necessary approvals, the Mineconomy will issue an appropriate order to reserve employees. If the company does not have a separate profile government agency, a reservation request letter can be addressed directly to the Ministry of Economy. At the same time, it should be remembered that citizens of Ukraine, whose specialties are scarce for the Armed Forces, cannot be deferred from military service. These specialties are defined in letter №220/1469, of the Ministry of Defence, March 11, 2022.
As for the possibility of reserved employees to go on business trips abroad, it should be noted that such employees must perform tasks on protecting the sovereignty and territorial integrity of Ukraine, as well as ensuring the state’s economic and information security. Thus, the departure abroad is possible only for the performance of official duties and in the presence of a deferment certificate issued by the military registration and enlistment office. To obtain such a certificate, a citizen of Ukraine must submit the following documents to his military registration/enlistment office:
- individual & officially certified extract from the reservation Order;
- employee’s identity card;
- copy of the military ID card;
- extract from the Order on the assignment of military registration obligations to the respective employee & the employee’s contact details.