Employee Reservation: Who Has the Right to Deferment Under the New Rules.
According to inkorr.com: In Ukraine, it has been explained how the number of conscripted individuals in private enterprises is determined and which of them can be reserved. According to lawyer Andriy Topchiy, during the period of martial law with general mobilization, men and women who are registered for military service receive summonses. Some categories of employees can receive a deferment from conscription.
According to Ukrainian legislation on military duty, conscripts include citizens from the reserve who may be involved in supporting the army and other military formations during wartime, as well as fulfilling their official duties.
This category includes:
- men aged 18 to 60
- women registered for military service
Excluded are:
- conscripts, reservists, and active servicemen
- citizens removed from the records for medical reasons
Employees mobilized after May 18, 2024, are also included in the total count. To determine 50%, the enterprise must consider all conscripts except for the mentioned categories.
Example Calculation
Andriy Topchiy provided an example for a company with 120 employees, of whom 60 are men aged 18 to 60 and women conscripts. Considering the exceptions, the total number of conscripts amounts to 48 individuals, thus allowing for the reservation of 24 employees.
'Regarding the registration of a 24-year-old for the purposes of reserving another conscript: this is possible if that individual at 24 is indeed considered a conscript and not a draftee or reservist,' emphasized the lawyer.
Recently, changes were also announced in the format of issuing summonses for conscription in Ukraine.
These explanations are important for business owners and employees, as a clear understanding of the status of conscripts will help avoid mistakes in conscription. In conditions of martial law, such aspects become increasingly relevant, as every employee may be forced to fulfill their duties on the front line.
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