Govt unveils new procedure for reservation of workers, civil servants

KYIV. Jan 31 (Interfax-Ukraine) – Enterprises that are critical, perform mobilization tasks or produce goods, works and services for the military, can reserve to 50% of their employees liable for military service for up to six months.

The new procedure for reservation of persons liable for military service during martial law was promulgated and approved by Cabinet of Ministers Resolution No. 76 of January 27 and published on its website.

"If there is a justified need, the number of those liable for military service to be reserved may exceed 50%… For enterprises, institutions and organizations of the fuel and energy complex, the list of which is approved by the Energy Ministry, the restriction on the number of persons liable for military service to be reserved is not applied," the government said in the document.

According to it, the heads of these enterprises and their deputies liable for military service, as well as employees of the fuel and energy complex from the list of the Energy Ministry, are subject to booking, regardless of military rank, age and military specialty.

In accordance with the procedure, an enterprise is critical for the economy if it meets three of the seven criteria, in particular, the total amount of taxes and other fees paid (from EUR 1.5 million), the amount of foreign currency receipts (the equivalent of EUR 32 million), strategic importance for the economy and security of the country under the resolution of the Cabinet of Ministers No. 83 of 2015, important for meeting the needs of the territorial community, no arrears in paying single social security taxes, salary not less than the average salary for the region for Q4 2021, Diia City residence.

Fuel and energy complex enterprises, state-owned or municipal cultural institutions, enterprises in healthcare, education and science, physical culture and sports, and social protection need only meet two criteria. This exemption also applies to "linear audiovisual media broadcasting on-air terrestrial multi-channel (digital) television broadcasting using a radio frequency resource, the program content of which consists mainly of information and/or information-analytical programs or those involved in the notification system and their affiliates."

In addition, the critically important ones include: UN specialized agencies, foreign diplomatic agencies in Ukraine, representative offices of donor agencies, executors of international technical assistance projects, representative offices of international organizations, international and Ukrainian non-governmental organizations implementing humanitarian projects at the expense of international partners, according to the list approved Ministry of Foreign Affairs or Secretariat of the Cabinet of Ministers.

As for the governemnt authorities, they are subject to a similar principle of reserving to 50% of employees, however, not counting the leadership, and the entire period of mobilization.

"Conscripts holding civil service positions of A and B categories, heads of ministries and their deputies, heads of public agencies, public administration agencies whose jurisdiction extends to the entire territory of Ukraine, and their deputies, heads of independent structural units of such agencies and their deputies, as well as employees of patronage services, are subject to reservation regardless of military rank, age and military specialty," according to the document.

In local self-government agencies, regardless of military rank, age and military specialty, those liable for military service holding positions of the first, fourth category of posts are subject to booking, while the 50% quota applies to positions of the fifth, seventh categories.

Reservation lists are submitted to the relevant government agencies, which coordinate them with the General Staff of the Armed Forces (SBU, Foreign Intelligence Service), and they, in turn, send them to the Economy Ministry, which issues the final reserving documents.

The regulation establishes that reservations that have already been provided to an employee under the old procedure will remain valid for the period for which they were provided.

At the same time, in case of loss of grounds for reservation (completion of the mobilization task, dismissal, dissolution of the public agency), the document shall be revoked.