People are also needed on the labour front

While the war continues, everything is subject to martial law. Economy, industry, and business also operate under the laws of a special legal regime. There are many of them, they relate to various aspects of the transfer of industry, as they said during the last war, on the “military rails”. In this article, we will focus on one of the following aspects: some issues of reservation of conscripts under martial law.  Booking conscripts is giving them a reprieve from mobilization. After all, the rear must work during hostilities: civilians and fighters at the front must be provided with everything necessary for life and the fight against the enemy. Therefore, representatives of certain professions should continue to perform their duties. That is why lists of those who cannot be mobilized for the next six months are being compiled.

The need for this is as important as it is not easy to fulfil. It is important because people are really needed not only on the battlefront but also on the labour front. And the difficulty is to correctly determine the optimal ratio in meeting the needs of both fronts. In early March, Kambin passed Resolution 194, which set out the procedure for booking conscripts under martial law.

This procedure stipulates, in particular, that public authorities and other state bodies must submit to the Ministry of Economy proposals agreed with the Ministry of Defense on the reservation of conscripts in relevant areas of government, national economy, enterprises, institutions and organizations in print and/or electronic form with appropriate justification. The form “Proposals for the reservation of conscripts who are granted deferment of conscription during mobilization and wartime” is attached to the text of this resolution, which can be found on the Government portal.

In turn, the Ministry of Economy summarizes the proposals submitted by public authorities and other state bodies on the reservation of conscripts and within one working day makes a decision and sends a copy to the Ministry of Defense and these bodies. The decision of the Ministry of Economy shall specify the term of the postponement, which may not exceed six months.

The granted deferral of the summons is subject to cancellation in the case of:

• expiration of its validity;
• completion or cancellation of the task of the enterprise, institution, organization to meet the needs of the Armed Forces, other military formations, the population;
• liquidation of a body of state power, another state body, enterprise, institution, organization;
• release of a conscript from a state authority, other state body, enterprise, institution, or organization.

In order to confirm the granting of deferment from conscription during mobilization and in wartime, a public authority, another state body issues an excerpt to the conscript from the order of the Ministry of Economy. The Ministry of Defense, through the General Staff of the Armed Forces, organizes extracts from the orders of the Ministry of Economy to the territorial centers of staffing and social support within one day.

Each company that applied for a reservation must receive a document confirming the booking of employees to its e-mail address.

Information about companies that have received the right to book their employees can be found at this link.

It should be noted that on March 7 the Cabinet of Ministers supplemented the one of March 3 with provisions on the peculiarities of booking conscripts involved in transportation for the needs of the Armed Forces of Ukraine, other military formations formed in accordance with the laws of Ukraine, as well as medical cargo and cargo. humanitarian aid. They are not covered by the main provisions of the resolution of March 3.  Decisions on the reservation of these conscripts are made by the Ministry of Infrastructure or the regional Kyiv City Military Administration, which specifies the period of deferment of conscription during mobilization and wartime, which may not exceed six months.

It is worth mentioning that the heads of companies who for various reasons – could not, did not have time, did not have legal grounds – did not take the opportunity to book conscripts and as a result, received a significant shortage of personnel, can take advantage of the Law of Ukraine ” About the organization of labour relations in the conditions of martial law ». In particular, it allows the use of women’s labour in areas where their peaceful use was prohibited. In addition, the state has provided leverage to assist employers who employ displaced persons.

A special government program has been adopted, which provides for the compensation of employers for the salary costs of employed internally displaced persons in the amount of UAH 6,500. for each such employee for two months. The company needs to enter into an employment contract with a citizen who is an internally displaced person, and register data on the employed person through the portal “Diia” or submit an application to the State Employment Service.

This procedure will apply during martial law and for another 30 days after its end.