Reservation of Workers during the Martial Law

In this difficult time, business faces a challenging task: to ensure further functioning in the conditions of war. To do this, first of all, it is necessary to guarantee the reservation of important workers who are also liable for military service.

According to Article 24 of the Law of Ukraine “On Mobilization Training and Mobilization”, the reservation of those liable for military service in reserve shall be carried out in peacetime and in wartime in order to ensure the functioning of state authorities, other state bodies, local governments, as well as enterprises, institutions and organizations during a special period.

The procedure for the reservation of persons liable for military service under the legal regime of martial law was established by the Resolution of the Cabinet of Ministers of March 03, 2022 No. 194. According to clause 1 of Resolution No. 194, the Cabinet of Ministers declared that under the legal regime of martial law, reservation of those liable for military service shall be carried out by state bodies, as well as enterprises, institutions, organizations supplying the Armed Forces, other military formations, and the population.

In addition, authorized banks involved in work under the conditions of the special period, which are subject to the above-mentioned Resolution, can also reserve employees.

The mechanism for making reservations for those liable for military service is as follows:

• State bodies, local governments, enterprises, institutions or organizations submit to the Ministry of Economy a letter with proposals for reserving persons liable for military service in the form specified in the Appendix to the Resolution of the Cabinet of Ministers of Ukraine of March 3, 2022 No. 194 (as amended by the Resolution of the Cabinet of Ministers of Ukraine of March 7, 2022 (No. 218));
• Ministry of Economy summarizes the submitted proposals for the reservation of persons liable for military service and, within one working day, makes a corresponding decision and sends its copy to the Ministry of Defense, as well as to the indicated bodies.

This decision specifies the duration of the deferment (maximum deferment is six months).

According to clause 5 of Decree No. 194, an extract from the Order of the Ministry of Economy is the document confirming the deferment from military service during mobilization and wartime.

In accordance with clause 4 of Decree No. 194, a deferment from conscription shall be subject to cancellation in the event of:

• expiration of its validity period;
• completion or cancellation of a task for an enterprise, institution, organization to supply the Armed Forces, other military formations, and the population;
• liquidation of a state authority, other state body, company, institution, organization;
• dismissal of a person liable for military service from a state authority, other state body, enterprise, institution, organization.

At the same time, it should be understood that, depending on the circumstances and specific goals, individual ministries may detail the lists of individual professions subject to reservation, or change the reservation mechanism.

For instance, as of now the Ministry of Energy, by its Order No. 93 of February 27, 2022, has clearly defined the list of positions and professions to be reserved for work at fuel and energy complex facilities during wartime. This list includes:

• miners, mining workers, fasteners, sinkers, demolition workers;
• electromechanics, electricians, energy engineer, labor protection engineer, head of unit, head of department, head of warehouse, land surveyor, technical supervision engineer, boiler supervision engineer, chief geologist, leading geologist;
• dispatchers, electrical fitters, foremen, steam turbine operators, boiler cleaners, refractory workers, fuel supply loaders, fitters of all specialties, gas cutters, milling turners;
• workers of energy distribution companies;
• workers of the transmission system operator;
• senior and middle management personnel of economic entities of the fuel and energy complex.

At the same time, in order to timely conduct the 2022 sowing campaign, agricultural enterprises and food producers must submit lists of important workers, to whom a deferment from military service during mobilization and wartime will be granted, to the Ministry of Agrarian Policy.

With regard to drivers carrying out transportation for the needs of the military, humanitarian and medical cargo, and employees of railway transport enterprises liable for military service who ensure the uninterrupted operation of the railway, the decision to reserve them is made by the Ministry of Infrastructure or regional or Kyiv city military administrations. The above-mentioned bodies direct this decision to the Administration of the State Border Service for the subsequent crossing of the border by persons liable for military service.