Reservation from mobilisation: will employees who were hired after 18 May be able to get a deferral?
Earlier, the Cabinet of Ministers announced new booking rules starting in December. After that, it was reported that employees who were employed by critical enterprises after 18 May would not be able to get a deferral. Here's what the government has to say on the matter
The Cabinet of Ministers of Ukraine has updated the criteria for reserving employees for mobilisation. In particular, according to the updated rules, 18 May is the date as of which the number of employees at the enterprise is fixed for reservation, which will allow companies not to reduce the number of reserved employees.
As the Ministry of Economy explains in a comment to Liga.net, employees subject to military service who were hired after 18 May 2024 can be reserved from mobilisation under the general procedure like others. Thus, the Ministry denied the information about the ban on reservations for employees hired after 18 May.
Who is subject to mobilisation reservations?
According to the new order on reservations, a critical enterprise may reserve an employee if he or she
- is registered with the military;
- has updated his military registration data in a timely manner and is not wanted;
- is officially employed by the company;
- has an accrued salary of more than UAH 20,000.
At the same time, the new booking requirements do not contain any requirements regarding the date of employment.
Employees hired after 18 May will be able to receive a booking
According to the new booking procedure, 18 May is the date as of which the number of employees at the enterprise is recorded for booking purposes. This will allow companies not to reduce the number of booked employees (regardless of specific employees).
For example, if the company employed 100 persons liable for military service as of 18 May. 50 people are reserved. At the same time, from 18.05.2024 to 01.12.2024, 20 persons liable for military service (among those who are not reserved) were called up to the Armed Forces of Ukraine. In particular, despite the reduction in the number of persons liable for military service to 80 people, 50 people (50% of 100, not 80) will be subject to reservation, the Ministry of Economy explained.
Updated rules for reservations for mobilisation
As explained by the Prime Minister of Ukraine Denys Shmyhal, the changes are aimed at eliminating the problems and abuses identified during the audit.
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Here is what will change:
- regional and sectoral criteria for the criticality of enterprises will now be coordinated with the Ministry of Defence and the Ministry of Economy.
- mandatory requirements for the private sector regarding salaries and the absence of debts to the budget.
- The average salary of the company and the booked employee must be at least 2.5 minimum wages.
- All bookings from 1 December will be made through the Diia portal.
- Monthly monitoring of enterprises and organisations to check compliance with the criteria is envisaged.
Businesses will have a transition period
It should be noted that according to the new rules, those who have deferrals will have a transitional period until 28 February 2025. By this date, all companies will have to resume booking their employees in accordance with the new conditions.
We remind you! The Ministry of Defence is drafting a bill on military demobilisation. The Verkhovna Rada told when to expect the draft law on the conditions of discharge from military service.
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