Reservation of conscripted workers and obtaining deferment from mobilization

Who can be exempted from conscription during martial law?

The government has set rules for exempting employees from conscription to ensure the continuous operation of critical institutions and businesses. This applies to both government bodies and organizations that perform vital functions for national security and the economy. The following groups are eligible for exemption:

1. Employees of businesses critical to the Armed Forces of Ukraine (AFU).
2. Employees of institutions essential to the economy and the welfare of Ukraine’s population.
3. Staff of UN institutions, international organizations, and non-governmental organizations of which Ukraine is a member.
4. Employees of companies engaged in demining and other critical activities.

During martial law, companies, institutions, and organizations can reserve their employees under the following conditions:

• Employment status: Only employees working under a formal employment contract can be reserved. Sole proprietors working for an institution or business under civil contracts, as well as gig workers employed under gig contracts, are not eligible for exemption.
• Military registration: The employee must be registered for military service. Women who are not registered, men who have been removed from military registration, and conscripts are not eligible for exemption.

How long does the employee reservation process take?

If the documents for reserving employees during mobilization are submitted in paper form to the relevant government authorities, the review process typically takes about a month. However, if submitted via the Diia platform, a decision is usually received within a day.

The Employee Reservation Process

The key regulation governing this process is Cabinet of Ministers Resolution No. 76 from January 27, 2023. Under this regulation, a company submits a list of military-registered employees it seeks to reserve, along with a justification and a statement of the number of such employees, to the appropriate government body. Once the documents are received, the state authority forwards the reservation list to the General Staff of the Armed Forces of Ukraine, the Security Service of Ukraine (SBU), or the Foreign Intelligence Service for review and approval, a process that should take no more than 5 working days.

After approval, the list is sent to the Ministry of Economy, which has 10 working days to make a decision regarding the reservation. Within 5 working days, the Ministry informs the company of its decision, and the company issues an official document confirming the reservation of the employees. This document serves as proof of their reservation. The territorial recruitment centers are then required to add the reserved employees to a special military register within 5 working days. It’s important to double-check that your employee has been added to this special register.

The legal team at "Pravova Dopomoga" will assist you in properly preparing all necessary documents and ensuring timely submission to the relevant authorities, helping to avoid delays and complications. We provide professional support at every step of the reservation process to ensure your employees can continue their important work without disruption.

Which businesses, institutions, and organizations can be recognized as critical for the economy and population during martial law?

To qualify for critical status in relation to the economy and population, a business must meet at least three of the following criteria:

1. It holds strategic importance for Ukraine’s security and economy, as defined in a list approved by the Cabinet of Ministers.
2. It is crucial to a specific sector of the economy (e.g., digitalization) or meets the needs of a particular territorial community (criteria are determined at the regional administration level).
3. It has no outstanding debts for social security contributions (ESV).
4. The average salary of its employees exceeds the regional average for the 4th quarter of 2021, calculated based on the most recent calendar quarter.
5. It has paid taxes totaling more than €1.5 million.
6. It is a Diia City resident company.
7. It has foreign currency earnings of more than €32 million, excluding loans or borrowings.
8. It provides e-communication services via mobile networks with revenue exceeding 200 million UAH or fixed networks with revenue exceeding 20 million UAH.

The team at "Pravova Dopomoga" offers full support throughout the process of obtaining critical enterprise status, including assessing compliance with the criteria, preparing the necessary documents, and facilitating communication with government authorities. 

Employee Reservation via Diia

1. The Ministry and regional military administrations include businesses, institutions, and organizations in the Unified List of entities legally entitled to reserve employees.
2. The head of an eligible institution submits the list of employees for reservation through the Diia platform and signs the application with an electronic signature.
3. The system automatically checks:

• The company’s status as a critically important enterprise and its inclusion in the list.
• The official employment of the employees.
• The presence of employee data in the "Oberig" registry.  

Repeat Employee Reservation

The “Reservation Law” does not include a specific term for "repeat reservation," so the procedure must be carried out the same way as the initial reservation. The approval process can take up to 25 days, so it’s recommended to start the repeat reservation process a month before the current reservation expires.

The Ministry of Economy advises starting the process 20 working days before the end of the current deferral, but ideally, the process should begin a month before the expiration. By working with us, you can be confident that we will handle the repeat reservation process in a timely manner, ensuring uninterrupted business continuity.

Law on Mobilization Deferral: Deferral During Martial Law

Who is eligible for deferral from mobilization during wartime:

• Conscripts with three children who pay child support: Men and women who have three or more children under the age of 18, provided there is no child support debt exceeding three months.
• Single parents: A deferral is granted to those who are solely responsible for children under 18 if the other parent has passed away, is missing, or has been stripped of parental rights.
• Parents, guardians, or caregivers of a child with disabilities: Men and women who are raising a child with a disability under the age of 18 are eligible for a deferral.
• Parents or guardians of children with serious health conditions: Those responsible for children suffering from severe medical conditions (such as cancer, cerebral palsy, mental disorders, etc., confirmed by medical documentation) may receive a deferral.
• Guardians of individuals declared legally incapacitated: Official guardians of individuals deemed incapacitated by a court are entitled to deferral.
• Spouses of individuals with disabilities: A deferral is available if the spouse has a disability in Group I or II, and in certain cases, for those caring for a spouse with a Group III disability.
• Individuals supporting parents with disabilities: If one’s parent or the parent of a spouse is disabled (Group I or II), the caretaker may be eligible for deferral.
• Teachers, researchers, and educators: Those working at least 0.75 of a full-time position in educational or research institutions qualify for deferral.
• Full-time students: Students enrolled in full-time or dual education programs, as well as doctoral candidates and medical interns, have the right to deferral.

Other categories are listed in Article 23 of the Law of Ukraine "On Mobilization and Mobilization Preparation."

Procedure for Obtaining Mobilization Deferral

If there are valid grounds for receiving a deferral from military service during mobilization, the conscript must personally submit an application to the Territorial Recruitment and Social Support Center (TRSSC) along with documents proving their right to a deferral. The TRSSC reviews the application and the accompanying documents to verify whether they meet the criteria for deferral. If needed, they may request additional information from state authorities to confirm the applicant's eligibility or consult public electronic registers.

In principle, the TRSSC is obligated to review the materials within 7 days of receiving them, though in practice, the process can take longer due to additional checks. After the review, a decision is made to either grant or deny the deferral, which is recorded in a formal protocol. During this review period, the conscript cannot be called up for military service until the commission has reached a decision.

Legal Support for Employee Reservation and Mobilization Deferral

Our company offers comprehensive legal support for employee reservation and obtaining deferrals from mobilization. With significant experience in military registration, we work successfully with businesses of all sizes, including large organizations with over 100 employees.

Our approach is all-encompassing. We manage all bureaucratic procedures related to securing critical enterprise status, reserving employees, and setting up military registration systems, allowing our clients to focus on their business.

We recognize that every situation is unique, so we provide personalized consultations and offer solutions tailored to each client’s specific needs. Even if it seems there are no immediate grounds for employee reservation, our legal team carefully reviews the situation to identify the best options.

Don’t wait to address these important matters — contact us today for expert consultation and ensure your business is well-protected. Call us or fill out the form on our website, and we’ll find the best solution for you!