From January 31, a new procedure for the reservation of conscript workers, approved by Resolution No. 76 of the Cabinet of Ministers of January 27, 2023.
The European Business Association held a meeting with the Director of the Department of Security and Defense Economics of the Ministry of Economy Serhii Smetanko, during which the most pressing issues of this order were discussed, in particular the algorithm of actions of enterprises (that do not perform the mobilization task) when booking employees.
This algorithm allows booking up to 50% of conscripted workers and includes the following actions:
1. The company determines the criteria it meets for making a reservation and the relevant department (Authority) or regional military administration (OVA) through which the reservation request will be made.
2. The company submits to the Authority or OVA a package of documents that confirm the company’s compliance with the three criteria. It is not possible to apply simultaneously according to several criteria or to different authorities, all applications will be checked according to the EDRPOU to prevent duplication.
3. The company receives the number and date of the decision of the Authority or OVA on the determination of the enterprise as critically important.
4. The company submits to the same Authority or OVA a list of conscripts whom it requests to book together with a letter of justification, a certificate of the number of conscripts.
5. The body or OVA coordinates the booking of company employees with the General Staff.
6. After the adoption of a positive decision by the General Staff of the Ministry of Economy, the Ministry of Economy issues an order on the reservation of employees of the enterprise and informs the Authority or OVA about it.
7. The company receives the reservation order and within 5 days informs the TCC and JV about it to place reserved employees on special military registration.
The EBA draws attention to the fact that in accordance with the clarification of the DPS by its administration regarding the issuance of tax payment certificates to confirm the enterprise’s right to reservation, certificates for obtaining the status of a critical enterprise can be submitted in electronic form.
Employees of the company who have been mobilized before, at this stage, are not included in the 100% of conscripted workers, but this should include conscripted women whose mobilization is voluntary. Updating of military records in TCC and JV can be carried out by lawyers, HR or other company representatives, it does not necessarily have to be directly conscripted. Employees who have not completed military service, but are conscripted, may also be booked.
The certificate of the enterprise on the size of the average salary has an arbitrary form and must be submitted for the entire legal entity. If the enterprise has a complex structure and is represented in different regions, the average salary is calculated based on the place of registration. A certificate from the State Statistics Service is not required to confirm the average salary in the region.
FOPs can apply for a reservation using the same procedure.
It is not prohibited to submit conscripted employees who have a shortage of military accounting specialties in the reservation list, but it increases the chances of disagreement for individual employees or the entire list. Regarding such employees, it is worth communicating with the General Staff. However, reservation lists can include the head of the enterprise and the deputy, even if they have a deficient VOS.
