Reservation of critical infrastructure workers

Enterprises, institutions and organizations that are recognized as critical to the functioning of the economy during a special period and to ensure the livelihoods of the population have the right to reserve their employees in order to postpone mobilization for the duration of martial law. In order for an enterprise to have this right, a decision must be made by the central executive body regarding its status as a critical enterprise:

• the central executive body
• another state body;
• a public administration body with jurisdiction over the entire territory of our country;
• regional state/military administration on the territory of a specific administrative-territorial unit where the company in question is located.

Government Resolution № 76 of January 27, 2023 defines the criteria relevant to recognizing an enterprise as critical to the economy.

What is the procedure for booking employees?

When a company reserves employees, it prepares the following documents

• a list of persons liable for military service who are proposed for reservation for the period of mobilization;
• a certificate on the number of persons liable for military service employed by the company.

The list is submitted to the central executive authority or to the CMA in the territory where the company is located. The certificate must be accompanied by a justification. It must contain the following information

• the date and number of the decision of the state body that determined the enterprise to be a critical infrastructure;
• information on the compliance of the credentials of the persons liable for military service indicated in the list with their military registration documents.

This is the procedure for booking employees.

Can all categories of persons be reserved?

As for the reservation options, they are not available to all categories of persons. Employees who cannot be booked are those who:

• have scarce military specialties;
• already have a formalized deferment on any of the other grounds;
• have an outdated military registration document.

It is also worth mentioning how the list of employees offered for reservation is reviewed.

How is the list reviewed?

The General Staff of the Armed Forces of Ukraine considers the lists no longer than 10 working days from the date of receipt. Then the approved lists are submitted to the Ministry of Economy. This Ministry has 5 working days from the date of receipt to review them. After that, the Ministry of Economy sends the relevant decision to the government agencies that submitted the lists, as well as to the General Staff.

After all these stages, the person liable for military service receives an extract from the decision, which is sent to him or her by a state or local government body or by the company itself. This extract serves as a document confirming the deferral from mobilization.

How can we be of service?

The team of Prikhodko & Partners Law Firm works on inquiries within the field of military law. This area of jurisprudence belongs to our practice focus.

Therefore, we have extensive experience in this area and are ready to provide you with quality advice and legal support in resolving issues related to the reservation of employees for the period of mobilization. Fill out the form on the website and our lawyer will contact you shortly.