Senior lawyer
Specializes in consultations on issues of military (mobilization) law, providing support when obtaining a deferment, preparing the necessary documents (applications, complaints, requests) for granting a deferment, appealing the decision of the Military Military Commission (preparing a complaint to the Central Military Commission and a claim in court), preparing the necessary documents and support for military personnel on issues of dismissal from military service.
How to book a wanted employee?
Table of Contents:
Booking employees today is one of the most common types of postponement of mobilization for individuals. Therefore, many questions arise around this procedure both from employers and from the employees themselves. One of the most common is whether it is possible to book an employee who is wanted by TCC and joint venture and how to conduct business in such a situation.
Lawyers of JK "Prikhodko and Partners" regularly advise businesses on military accounting and armor personnel. Below we will consider whether it is possible to make a reservation in case of violations, what mechanisms are provided for this, and what should be paid attention to.
When will it be possible to reserve those on the wanted list?
First of all, it's worth remembering that the introduction of temporary reservations was discussed last year. Back then, it was actively discussed as a possible tool to support businesses, and the relevant legislation was passed, but the option never appeared in the Action app. Now, its implementation is nearing practical implementation.
This feature is expected to appear in Diya by the end of March, allowing companies to reserve conscripts with military registration issues for 45 days.
Can an employee be reserved if they are on the TCC and SP wanted list?
Yes, in certain cases, this is possible. Specifically, a 45-day reservation is possible:
- incorrectly completed VODs;
- the person is not registered;
- has not updated their data;
- is wanted by the military registration and enlistment office.
In such cases, the company issues a reservation for up to forty-five calendar days. This period gives the employee time to regulate their status, but it's important to note that a man can use this mechanism once a year.
If the employee corrects the violations and brings their documents into compliance within this period, they will be reserved on a regular basis. If not, the employer will terminate the employment relationship.
How do I remove myself from the search for a reservation?
If the TCC is searching for someone for further reservations, they must resolve the issue. There are several main ways to do this:
| Method | What should you do? | Who is it for? | Features |
| Online via the Reserve+ app | Admit a violation and pay a fine in the app | When you know the reason for the wanted status and need to resolve the issue quickly | After paying the fine, the wanted status may be removed automatically, but this doesn't always work, so be aware of the risks. The red tape may also reappear, preventing you from making a new reservation. |
| Lawyer's Request to the TCC | A lawyer submits an official request requesting information about the reasons for the search | When it is unclear why you are wanted and there are doubts about the legality | This allows you to obtain an official explanation and determine further actions |
| Personal appeal to the TCC | Appear in person at the military registration and enlistment office to clarify the reasons and resolve the issue | When you need to resolve the situation quickly and there is no risk of forced mobilization | May require clarification of information, registration, or payment of a fine |
| Judicial Appeal | File a lawsuit against an unlawful entry | If the wanted list was imposed illegally | Allows you to officially overturn the military registration and enlistment office's decision |
The course of action may vary in each situation, as the causes can range from out-of-date military registration data to violations of military registration rules. Therefore, we recommend first contacting a military lawyer who can help you choose the best option for you.
What to do after a temporary reservation?
After a temporary reservation is issued, the main task is to resolve the military registration violation within 45 days. Two scenarios are possible:
- After verifying that the military registration is in order, the company issues the reservation in accordance with the standard procedure. It is expected that this will be possible through the Action portal in a very simplified manner—effectively in just a few clicks. However, how exactly this procedure will work in practice will become clear after the feature is launched.
- If the employee fails to resolve the issue, the company must cancel the temporary reservation.
Risks of Temporary Reservation of Employees
- There is currently no clear practice regarding how temporary reservations will work through Action. It also remains unclear whether such a reservation will guarantee against forced mobilization.
- An employee is given up to 45 days to resolve all issues with their military registration. In practice, this time may not be sufficient.
- If the employee decides to appeal the search decision in court, the case may take approximately 2-3 months, significantly exceeding the 45-day period. In such a situation, the mechanism for further action is not yet fully understood.
In addition to the main risks, potential risks should also be considered:
- technical/procedural failures through electronic services;
- various TCC practices;
- errors in military registration data, which may require additional time to correct;
- lack of clear explanations regarding certain situations, such as when violations have been partially corrected but the procedure is still ongoing.
How can we help?
The team of lawyers at Prikhodko & Partners Law Firm helps companies comprehensively navigate the reservation process and related legal issues. We support businesses in situations where it's essential to quickly and accurately resolve military personnel records and minimize risks.
Our firm offers:
- Consulting and document analysis;
- Preparing and submitting legal inquiries;
- Court appeals of unlawful decisions;
- Determining the optimal strategy for the business and the employee depending on the situation;
- Outsourcing legal support for businesses with multiple employees facing similar issues;
- Military records management for businesses.
Do you have any additional questions? Submit a request on our website, and our military lawyer will contact you shortly. Don't put off a problem if it can be resolved now.
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