Employee Reservation Quotas: How to Calculate and Increase the Limit to 100%

Under martial law, employee reservation is critical to operational stability. Without it, even the most carefully planned business strategy can collapse overnight.

Losing a key technologist, chief engineer, or IT director does not come with weeks of notice. It can happen in a single morning. If your reservation quota is calculated incorrectly, or if you have not exercised your right to a 100% reservation because the nuances of Resolution No. 76 were overlooked, you may be exposing your business to serious operational disruption.

As a business leader, you need a clear answer to one question: are you using your full legal right to protect your workforce? Are you entitled to reserve 100% of your staff, but currently reserving only half?
 In this article, we explain how reservation quotas work (50%, 75%, and 100%), without unnecessary complexity, and show you how to increase your employee reservation limit when the standard quota is not enough.

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What Is an Employee Reservation Quota and How Does It Work?

Put simply, a quota is your upper limit. An employee reservation quota is the maximum percentage or number of draft liable employees that the state allows you to formally retain in their positions by reserving them from mobilization, so your business can continue operating.

This limit is strictly regulated by law. It determines how many employees you are allowed to protect from mobilization based on how critical your company is to the country’s functioning and to the needs of the Armed Forces.

How does it work in practice? An employee reservation quota is calculated as a share of the total number of draft liable employees on your payroll. As a general rule, the basic limit for critically important enterprises may not exceed 50% of such employees. But there is an important caveat.

Many business owners assume this 50% threshold is final. In reality, the legislation provides exceptions under which the quota can be increased to 75% or even 100%. These higher limits apply to strategically important enterprises, such as those in energy, defense industries, or companies operating in frontline regions.

Your task is not just to calculate 50%, but to determine whether your business is legally entitled to a higher reservation quota.

How to Determine Your Company’s Eligible Reservation Quota (50%, 75%, or 100%)

The size of your employee reservation quota depends on your business sector and your company’s level of critical importance, as defined by Cabinet of Ministers Resolution No. 76.

Below are the main reservation quotas and the categories of entities that may qualify for them. Review the list to identify where your company fits and to understand your actual reservation limit:

Increasing the Reservation Limit: Is It Possible to Expand Your Quota?

Yes. According to official guidance from the Ministry of Economy, there is a defined procedure for increasing employee reservation quotas. This means that even if your company does not fall into the automatic 100% reservation categories, but you clearly understand that the standard 50% is not sufficient to maintain uninterrupted operations, you have a legal right to initiate an increase of the limit.

The process is the same whether a company is seeking to expand its quota to 75% or has grounds to request a 100% reservation. Importantly, this is not a simple notification stating that a higher quota is needed. It requires a well-substantiated, detailed request that is reviewed on an individual basis, taking into account the specifics of the business, its role, and operational risks.

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Where to Apply to Increase an Employee Reservation Quota

To expand an employee reservation quota, a company must submit a formal request to the Kyiv or Sevastopol City State Administration, or to the relevant military administration if one has been established:

1. The date and reference number of the government authority’s decision confirming the company’s level of critical importance.
2. The company’s registered address according to the Unified State Register (EDRPOU).
3. Details of the actual location where business activities are carried out.
4. The total number of draft liable employees and the number already reserved.
5. A reasoned justification for increasing the reservation quota, expressed as a percentage.

The following documents must be attached to the request:

• a copy of the decision or confirmation of critical enterprise status;
• additional information or supporting documents, if requested by the state or military administration.

The administration assesses the actual situation, not just the paperwork. Does the enterprise meet the eligibility criteria? Are business activities truly carried out at the stated location? Would a suspension of operations be critical?

If the justification is convincing and the company meets the requirements, a positive decision follows. After that, a notification of the updated reservation limit is submitted through the Diia portal, and the company may reserve employees within the newly approved quota.

You might also like: How to Confirm Critical Enterprise Status

Assistance With Increasing the Reservation Limit: How to Reliably Protect Key Employees

The procedure for increasing an employee reservation limit or confirming critical enterprise status is a legal minefield. It requires precision in document preparation and a clear understanding of current regulatory requirements. In practice, a single mistake, such as an incorrect EDRPOU code, an inaccurate job title, or a missing attachment can result in an automatic rejection. What does a rejection mean for you?

1. Lost time (while documents are being corrected and the TCC continues its work).
2. The risk of mobilization of a key specialist you failed to protect in time.
3. A direct threat to the continuity of critical business processes.

We offer more than a standard legal service. We offer protection against business disruption. Our team handles the process end to end:

• Audit: we clearly assess the maximum quota your company can realistically qualify for(50%, 75%, or 100%).
• Documentation: we prepare the request and justification in a way that leaves no formal grounds for refusal.
• Result: we support the process through to final confirmation in the Diia portal.

Do not wait until the situation becomes irreversible. Contact us and secure your key employees now, while it is still possible.