Thursday26 December 2024
ukr-pravda.in.ua

New booking rules: changes effective December 1 for critical businesses and military-eligible Ukrainians.

A lawyer explained the consequences that await those who abuse the rules.
Новые правила бронирования вступят в силу с 1 декабря, касаясь критических предприятий и военнообязанных граждан Украины. Узнайте о предстоящих изменениях!

Starting December 1, 2024, new rules for reserving employees critical to the operation of enterprises will come into effect in Ukraine. These changes pertain to both the application submission procedures and the selection criteria.

"Telegraph" provides a detailed and accessible explanation of how the updated system will function, what the salary criterion entails, and how long one needs to work at an enterprise to qualify for reservation.

Exclusively Electronic Format

One of the key changes being implemented by Ukraine's Ministry of Digital Transformation will be the digitalization of the reservation process. All applications will now be submitted exclusively through the "Diia" app. Officials believe this will significantly simplify the procedure for enterprises and reduce bureaucratic delays. The outcome of the application review will be received within 24 hours of submission.

The advantages of the electronic system also include automated data verification against the "Oberih" database, transparency of the process, and reduced risk of errors due to human factors.

Additionally, there will be monthly monitoring of compliance by enterprises and organizations with all criteria. These inspections will now be more thorough. This is particularly relevant since the launch of the electronic procedure led to a doubled increase in reservations.

As attorney Roman Likhachev from the Ukrainian Helsinki Human Rights Union explains to "Telegraph", if an enterprise has violations, the primary consequence is the loss of its status as critical.

— This means that if an enterprise loses its status, its employees will automatically lose the right to deferment from mobilization and will be subject to mobilization under general conditions. Furthermore, we have already encountered situations where an enterprise suddenly lost its critical status, resulting in the cancellation of all mobilization deferrals for its workers, — the lawyer clarifies.

Criteria for Reserving Employees

Only those enterprises that meet the needs of defense forces or are designated as critical can reserve their employees from mobilization. The list of the latter is formed by regional military administrations in coordination with the Ministry of Economy and the Ministry of Defense.

Reservation for enterprises funded "by means of international partners" will be regulated by the Ministry of Reintegration, which will compile their list.

The employee must also meet clearly defined requirements:

  1. Be registered for military service;
  2. Be absent from the wanted list and have updated military accounting data;
  3. The minimum salary must be 20,000 UAH (at least 2.5 times the minimum wage as of November 30, 2024 — Ed.).

This salary regulation does not apply to communal and state institutions.

Employees of individual entrepreneurs or gig contracts (temporary work or contracts for a single task — Ed.) are not eligible for reservation due to the absence of their specialties in the Ministry of Defense databases. Only officially employed individuals registered for military service can be reserved.

Reservation Periods

For companies that already have reserved employees, a transitional period has been established. This means that reservations made before November 23, 2024, will remain valid only until February 28, 2025. After this date, they will be automatically canceled if the enterprise does not confirm them through the new electronic system.

Therefore, all critical enterprises must submit new applications according to the updated rules by February.

How to Obtain Critical Enterprise Status?

Private companies seeking the ability to reserve employees must meet at least two main criteria. Specifically – ensure an average salary level at the enterprise of at least 20,000 UAH.

The third criterion is one of the general, regional, or industry-specific criteria that must be developed by relevant ministries or regional administrations.

These requirements will ensure that only stable and financially responsible enterprises receive this status. In particular, the risks of abuse will be minimized.

This refers to situations where companies hire individuals solely for a "shadow" agreement regarding reservation and pay only the minimum required for that specific worker.

— An important point here is that if an audit uncovers such a violation, the enterprise can challenge the inspection issues in court, but during this time, employees will not have the right to deferment, and the TCC can mobilize them according to the law. Even if the court confirms the unlawful deprivation of status, by that time, people will already have been mobilized. Thus, wining a legal case will effectively be meaningless. Currently, these issues can be continuously monitored for criticality, — explains lawyer Roman Likhachev to "Telegraph."

Limiting the Number of Reserved Employees

The new rules maintain preliminary limits on the number of military-liable individuals that can be reserved. Typically, this is up to 50% of the total number of military-eligible employees. More than 50% is only permitted by a specific decision from the Minister of Defense.

Enterprises recognized as critical by the Ministry of Strategic Industry in the defense industry will still be able to reserve 100% of their employees, except for those who have worked for less than one quarter (less than 3 months — Ed.).

As lawyer Roman Likhachev explains to "Telegraph," this is likely necessary to confirm that the average salary of an employee over the quarter was no less than 20,000. Subsequently, after the tax changes take effect, this period will be reduced to one month.

Additionally, full reservations starting December 1 will be granted to enterprises that ensure the uninterrupted operation of the energy system, engage in fortification works, diplomatic institutions, the Red Cross, and other humanitarian organizations.

Later, the Cabinet of Ministers included specialists in dentistry, prosthetics, technicians, and similar fields in the reservation list.

Фото постановление кабмина о новых правилах бронирования с 1 декабря 2024 года

As attorney Roman Likhachev tells "Telegraph," the ability to reserve exactly half of military-eligible employees has an interesting nuance. If 50% are reserved, the remaining 50% stay at the enterprise. Most likely, the TCC may mobilize those who are not reserved. This is their legal right. Hence, the question arises of how to retain these 50%.

— If we take the age group of military-eligible individuals from 18 to 60 years, I am particularly interested in the 18-25 age range. Enterprises could fictitiously hire workers aged 18-25 to prevent their mobilization while reserving another group of individuals. This could be one of the strategies and options that entrepreneurs will employ, — concludes the attorney from the Ukrainian Helsinki Human Rights Union.

It is also known that some companies adhere to a policy of preserving jobs for mobilized workers and continue to pay them salaries.