Since the introduction of martial law, numerous companies took measures to reserve their employees liable for military service in order to continue business operations and postpone mobilization. Since the maximum term for the reservation is 6 months, the issue to prolong it is urgent for many employers. The reservation that has not been prolonged should be cancelled.
At the moment, the legislation does not clearly describe the procedure to prolong reservation for employees liable for military service. However, on 29 July 2022, the Ministry of the Economy of Ukraine (the "Ministry") issued the letter No. 2714-20/53722-01, in which outlined its explanations regarding the procedure.
The Ministry suggests taking the following steps:
- Analysing the necessity to reserve the employees liable for military service taking into account their involvement into works required for the Armed Forces of Ukraine, military formations, or citizens
- Submitting the relevant suggestions to the respective authority based on the analysis results
- Accompanying the suggestions with the relevant justification and confirmation regarding involvement of the company into works required for the Armed Forces of Ukraine, military formations, or citizens
Upon receiving the suggestions, the relevant authority approves and sends them to the Ministry of Defence of Ukraine for further approval.
Therefore, the procedure to prolong the reservation is planned to be similar to the reservation procedure that includes the following stages:
- Making a list of employees that the company suggests to reserve. The suggestions should comply with the template, approved by the Cabinet of Ministers of Ukraine
- Sending the suggestions to the relevant authorities. The completed suggestions should be supplemented by a cover letter in an arbitrary form, in which the company should properly justify the performance of works required for the Armed Forces of Ukraine, military formations, or citizens with a respective confirmation
- Getting approval for the suggestions from the state authorities
- Getting approval from the Ministry related to the postponement of the employees liable for military service
For further information, please contact Asters' Counsels Inesa Letych and Anton Sintsov, Head of ADR practice Yuna Potomkina.