How To Support and Protect Your Workforce in Ukraine?

During martial law, some companies have the right to reserve their own employees and temporarily exempt them from the draft. Which companies can do this and which employees can be reserved?
Reservation of persons liable for military service is a temporary exemption from mobilization for certain employees of a company. Before the war in Ukraine, only state authorities could reserve workers, and with the beginning of martial law this list was expanded so that now commercial enterprises can also reserve workers.
The order of reservation of employees is stipulated by the Resolution of the Cabinet of Ministers of Ukraine № 194 from 03.03.2022.

Who can reserve a worker?

Workers can be reserved by

• public authorities,
• other state authorities,
• local authorities,
• enterprises and organizations that have mobilization assignments and orders,
• authorized banks involved in work under special conditions.

Consequently, commercial enterprises and organizations may also reserve employees, but the main condition is the availability of tasks and orders from the Armed Forces of Ukraine, the Ministry of Defense and other military formations. That is, such enterprises must have contracts to supply, for example, food and medicines to the military and the civilian population.

How long can a worker be reserved for?

The maximum period of reservation is 6 months.

How to make a reservation?

Only public authorities can make a reservation offer for employees. If a company wishes to reserve employees, it must apply to the public authority in the area in which the company operates and submit a proposal for the reservation of employees with the justification for such a proposal. Then, the relevant state authority coordinates the proposals with the Ministry of Defense and transmits them to the Ministry of Economy.
The Ministry of Economy processes and summarizes these proposals within one working day and makes a decision on it. A copy of the decision is sent to the Ministry of Defense and to the state agencies that made the proposals. The decision also specifies the period of draft suspension, but not more than 6 months.

How to confirm the draft deferment?

The military enlisted person has to apply to the Territorial Center of recruitment and to receive the extract from the order of the Ministry of Economics of Ukraine.

When and why can deferment be cancelled?

The deferment may be annulled in the case of:

• the deferment has expired,
• the company that reserved the employee has terminated or completed contracts for military tasks and orders,
• the relevant government authority or company is liquidated,
• firing of a reserved employee.