MOBILIZATION OF EMPLOYEES

Mobilization of employees of business entities during martial law

According to the Law of Ukraine “On Mobilization Training and Mobilization” (hereinafter – the Law), mobilization is a set of measures taken to systematically prepare the national economy, public authorities, other government agencies, local governments, enterprises, institutions and organizations to operate in the conditions of the special period, and the Armed Forces of Ukraine, other military formations, the Operational and rescue service of civil defense – to the organization and staffs of wartime. Mobilization can be general or partial and is carried out openly or secretly. The general mobilization is carried out simultaneously throughout Ukraine and concerns the national economy, public authorities, other state bodies, local governments, the Armed Forces of Ukraine, other military formations, the Rescue Service of Civil Protection, enterprises, institutions and organizations.

Responsibilities of enterprises, institutions and organizations, as well as citizens for mobilization training and mobilization are established by Articles 21 and 22 of the Law. At the same time, an integral part of mobilization is conscription in military service during mobilization, which is a separate type of military service in accordance with Article 2 (6) of the Law of Ukraine “On Military Duty and Military Service”.

However, Article 23 of the Law lists categories of citizens who have the right to deferment of conscription during mobilization. Such categories of citizens include, in particular, those reserved for the period of mobilization and wartime by public authorities, other state bodies, local governments, as well as enterprises, institutions and organizations in the manner prescribed by the Cabinet of Ministers of Ukraine. “Conscripts” means persons who are in reserve for the Armed Forces of Ukraine and other military formations for a special period, as well as to perform work to ensure the defense of the state (Article 1 of the Law of Ukraine “On Military Duty and Military Service”).

Reservation of conscripts for the period of mobilization and wartime is carried out in the manner prescribed by the Resolution of the Cabinet of Ministers of Ukraine from 27.01.2023 № 193 “Some Issues of Implementation of the Provisions of the Law of Ukraine “On Mobilization Preparation and Mobilization” on Reservation of Persons Liable for Military Service for the Period of Mobilization and for Wartime”.

It is to be noted, the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization and Military Registration” came into force on 18.05.2024.

The Law provides for a number of changes. In particular:

– if a company has the status of a critical enterprise, its beneficial owners who are not employees are now subject to reservation;

– deferral in connection with the reservation will be granted only to those reserved employees who are on a special military registration.