Under martial law, businesses in Ukraine face numerous challenges, including the mobilization of employees. In order for companies to continue their activities and ensure the fulfillment of important tasks for the state, the government has introduced a mechanism for reserving military personnel. This process allows key employees to be temporarily exempted from mobilization, granting them a deferral for up to six months.

What is reserving and why is it needed?
Reserving is an official deferral from mobilization for employees who are critical to the functioning of the enterprise. During martial law, when mobilization is a pressing issue, reserving becomes a tool to protect the business from being shut down due to the absence of employees who may be called up for military service. Typically, this process concerns key employees who ensure the strategic importance of the enterprise for the economy or defense of the country.

Who can reserve employees?
Not all companies are entitled to reserve military personnel. To do this, you must meet certain criteria established by the government. Enterprises that qualify for the right to reserve employees must meet at least three of the following conditions:

Payment of taxes. If an enterprise has paid more than 1.5 million euros to the state budget during the year, it can apply for the reservation of its employees.
Foreign currency receipts. Enterprises that receive more than 32 million euros in foreign currency into their accounts during the year are eligible for reservation.
Strategic importance. Companies that are included in the list of objects of strategic importance for the economy or defense of the state are eligible for reservation of employees.
Importance for the economy of the region or community. These can be enterprises that ensure the vital activity of the region, for example, utility or energy companies.
Absence of debt. Enterprises that do not have debts for the payment of the unified social contribution can also apply for reservation.
Salary level. The average salary at the enterprise must not be lower than the average salary in the region.
Resident of "Diya City". Enterprises registered in the special legal regime "Diya City" have the right to book employees.
Fulfilling at least three of these conditions allows the enterprise to submit applications for booking employees.

How does the booking procedure work?
The booking procedure can be carried out in two ways: through the relevant ministries or through the "Diya" portal.

Booking through ministries
This method is suitable for enterprises that perform mobilization tasks or work on defense orders. Here are the main stages of the process:

Submission of lists to the ministry or state body. If the enterprise performs mobilization tasks, for example, works to provide for the army, lists of employees are submitted to the Ministry of Defense. If the enterprise is important for the country's economy, documents can be submitted to the relevant ministry or local administration.
Approval of lists with the General Staff. After verification by the ministry, lists of employees are transferred for approval to the General Staff of the Armed Forces of Ukraine or to the SBU or the Foreign Intelligence Service, depending on the circumstances.
Transfer of documents to the Ministry of Economy. After approval by the General Staff, the documents are transferred to the Ministry of Economy, which has 5 working days to make a decision on the reservation.
Enrollment of employees in special military registration. If the decision on the reservation is made, the territorial recruitment centers enroll employees in special military registration within 5 working days.
The entire reservation process through the ministries can take up to 25 working days.

Booking through the "Diya" portal
Before the temporary suspension, this method was much faster and more convenient for many enterprises. Here are the main stages of booking through the "Diya" portal:

Registration of the head of the enterprise or an authorized person on the portal. The person responsible for submitting documents registers on the portal, adds information about employees and signs the application with an electronic signature.
Automatic verification of compliance with criteria. The system automatically checks whether the enterprise meets the established criteria and whether the employee is in the register of those liable for military service.
Enrollment of an employee in special military registration. If all conditions are met, the Ministry of Defense transfers the employee to a special registration, and the employee receives an official reservation extract, which can be downloaded from the portal.
Due to the need to conduct an audit, the reservation process through the portal has been temporarily suspended, but it is expected that after the verification, the system will resume its work.

Requirements for military personnel
In order for an employee to be reserved, he must meet certain requirements:

Official employment. The employee must be officially employed at the enterprise and perform duties that are critical to its functioning.
Compliance with the requirements

military specialties or ranks. If the enterprise is engaged in defense orders, the employee may have the appropriate military specialty or rank.
Absence of wanted persons. The employee must not be wanted, information about this is checked through the relevant registers.
Number of reserved employees. Usually, the number of employees who can be reserved should not exceed 50% of the total number of military personnel at the enterprise. However, in case of justified necessity, this percentage may be increased.
Advantages and disadvantages of employee reservation
Employee reservation has both advantages and disadvantages. Let's consider them in more detail:

Advantages
Retention of key employees. The main advantage is the ability to retain key employees who ensure the functioning of the enterprise, even during mobilization.
Continuity of the company's work. Reservation allows enterprises to continue their activities, especially if they fulfill orders important to the state or are strategic for the economy.
Disadvantages
Limitations on the number of reserved employees. Typically, the number of employees who can be booked should not exceed 50% of the total number of military conscripts. This can be a problem for companies where a higher percentage of employees is critical.
Bureaucracy and the length of the process. The booking procedure through ministries can take up to 25 business days, which creates certain difficulties for companies that need quick solutions.
Suspension of the process through the "Diya" portal. The temporary suspension of the "Diya" system complicates the process of submitting documents, especially for companies that previously used this convenient online system.
Booking military conscripts is an important tool for preserving business during martial law. Although the process can be lengthy and bureaucratic, it allows companies to ensure the continuity of their activities and the performance of tasks important to the state.

If you need help with the preparation of reservation documents or consultation on this issue, contact the military lawyers of the Olson law firm in Lviv. We will help protect your business and your employees during this difficult time.

Contact us to learn more!