Employee reservation – a brief overview of everything that interests business
Let's talk a little bit about how to reserve employees liable for military service in Ukraine. Spoiler alert: it's not easy. But you already knew that without us.
But what are the options, criteria, and documents that may be required?
We start from who our average client is. It is not an energy company or an oil refinery. We work with IT and startups, including those in the miltech sector.
For example, you can book employees at enterprises that are “critical for the functioning of the economy and ensuring the livelihoods of the population during a special period.” There are seven general criteria for this status.
Of the seven general criteria, the company must meet 3 of them simultaneously. These are the most common ones:
- The company must have paid more than EUR 1.5 million in taxes and unified social contributions in the reporting tax year.
- The company must be important for a sector of the national economy (here, it is necessary to meet the special criteria of the state authorities for a certain area of management/sector of the national economy).
- The company does not have any arrears in the payment of the unified social contribution.
- The company’s average salary for the last quarter was not less than the average salary in the region.
- The company is a resident of Diia.City.
If you meet 3 out of the 7 criteria above, you can apply for criticality status to the authority that falls under your industry. If, for example, you are an IT company in Diia.City, you can apply to the Ministry of Digital Transformation.
In the case described above, you have to apply to the Ministry of Digital Transformation:
- An application explaining why the company meets the criteria;
- Copies of documents confirming your statements;
- Confirmation that you have submitted reports to the tax authorities for the last quarter (declaration, receipt).
If the Ministry of Digital Transformation has recognized your company as critical to the economy, then you can apply for a reservation of employees. To do this, you need to apply through the same Ministry:
- A list of persons liable for military service whom you want to reserve (there is an approved form). As a standard, you can reserve up to 50% of persons liable for military service + all ultimate beneficial owners. If your company meets certain requirements, you can book all employees.
- A certificate of the number of persons liable for military service (there is also a form).
- Justification for why you need to book these people.
You have two ways to apply for a reservation:
- either in paper/electronic form to the postal/email address of the state authority;
- or via Diia (the option via Diia will be available only on July 8).
Both the first and second options have the same procedure and document requirements, the only difference is technical convenience.
What happens next in our example:
- The Ministry of Digital Transformation checks the submitted documents and submits them to the Ministry of Defense for approval;
- The Ministry of Defense approves and submits to the Ministry of Economy;
- The Ministry of Economy decides whether to book or not.
If the Ministry of Economy decides to book, then you have come almost all the way. The next step is to:
- get an extract from the decision of the Ministry of Economy,
- send it to the territorial staffing and social support centers (TSC) along with a notification.
The TSC will enroll the booked people in a special account — now, these people have a deferral. It will be easier with Diia because the system automatically enrolls the booked people in a special account. But we are still waiting for the official launch.
If you need help with booking with the company or determining your specific booking path, don’t hesitate to contact us.
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