The government has changed the reservation rules: what will happen now to critical businesses
22 May 22:26
The Cabinet of Ministers of Ukraine has approved changes to the system for reserving employees subject to military service at enterprises, institutions, and organizations deemed critical to the economy and the functioning of the state under martial law. The Ministry of Economy, Environment, and Agriculture of Ukraine announced the changes, according to "Komersant Ukrainian"
According to Minister Oleksiy Sobolev, the updates concern salary requirements, rules for accounting for part-time workers, and a review of the criteria for determining the criticality of enterprises.
What exactly has the government changed?
The new rules apply to enterprises that are applying for critical importance status or already have such status and are reserving employees subject to military service.
Key changes:
- the average salary requirement has been raised;
- the lower salary threshold for frontline territories has been retained;
- clarified how part-time workers will be counted toward the reservation quota;
- ministries, central government agencies, and regional state administrations must review the criteria for critical importance;
- the status of all enterprises already designated as critical will be reviewed within three months.
New salary threshold for reservations
One of the main changes is the increase in requirements for the average wage level.
To confirm the status of a critically important enterprise and reserve an employee, the salary threshold must be at least three times the minimum wage.
That is 25,941 UAH.
Previously, the threshold was lower—2.5 times the minimum wage. Now, the requirement is being raised for most enterprises.
What will happen to enterprises in frontline territories
A more flexible approach remains in place for enterprises operating in frontline territories.
For them, the salary requirement remains at 2.5 times the minimum wage, or 21,618 UAH.
This applies to territories specified in the relevant lists. This approach is intended to account for the more challenging operating conditions for businesses in regions that are closer to the combat zone or are regularly subjected to shelling.
How part-time workers will be counted
The government has also changed the rules for counting employees who work part-time or already have a deferment from conscription.
From now on, such employees will be counted toward the reservation quota only once and only for one place of employment.
The Ministry of Economy explained: if a person has a primary place of employment at one company and works part-time at another, they should not create an additional slot in the reservation quota for the other employer.
This is intended to prevent an artificial increase in the number of employees a company can reserve.
Why are the rules for part-time workers changing?
Previously, employers could face situations where the same employee effectively influenced the quotas of several companies at once.
The new approach is intended to make the quota more closely tied to the business’s actual needs, rather than to the formal registration of people at multiple workplaces.
This regulation is expected to take effect approximately ten days after the resolution comes into force.
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Criticality criteria to be reviewed
Ministries, central executive bodies, and regional military administrations must re-approve their own criticality criteria within a month.
The new criteria must be agreed upon with:
- the Ministry of Defense;
- the Ministry of Economy.
These are the rules used to determine whether a business is truly vital to the economy, defense capabilities, security, or meeting the basic needs of the population.
What may be considered when determining criticality
When reviewing the criteria, the following may be taken into account:
- the enterprise’s role in fulfilling state tasks;
- the provision of critical services;
- the production of essential goods;
- infrastructure support;
- importance to national defense capabilities;
- employee employment;
- stable functioning of communities;
- the importance of the enterprise to the region or industry.
The goal is to keep in the reservation system precisely those enterprises that are truly vital to the state under martial law.
What will happen to enterprises already designated as critical
After the new rules take effect, the status of all enterprises that have already been designated as critical will be reviewed within three months.
At the same time, during the transition period, the current critical status of enterprises remains in effect. The existing reservation of conscripted employees for such enterprises also remains in effect.
In other words, enterprises do not automatically lose their status on the day the changes are adopted—they must undergo a review during the specified period.
Why the government is tightening the rules
The Ministry of Economy emphasizes that the new system should be more transparent, fair, and protected against abuse.
The main goal of the changes is to:
- to reduce the risks of formal or artificial reservations;
- prevent manipulation involving part-time workers;
- link reservations to the actual economic importance of the enterprise;
- support businesses that are truly critical to the state;
- to preserve the operations of enterprises in key sectors;
- ensure a balance between the needs of the economy and national defense.
What this means for businesses
For businesses, the new rules mean the need to carefully review their own performance metrics, documents, and compliance with the criteria.
Businesses should prepare for:
- an audit of average wages;
- a review of criticality status;
- clarifying the number of employees who can be counted toward the quota;
- updating documents;
- interaction with relevant government agencies;
- possible re-confirmation of criticality.
This applies particularly to companies that previously made active use of part-time workers or operated under criteria that may be subject to review.
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