During martial law, the issue of employee reservation remains one of the key ones for businesses. Companies strive to keep critical specialists, and employees – to understand their rights, restrictions and next steps. At the same time, the reservation procedure is often perceived as complicated, overloaded with formalities and risks of errors.
In this article, the SENSE team explains what employee reservation is, who is eligible for it, what documents are usually required, and what the registration process looks like in practice. The text is for informational purposes only, as the details depend on the specific situation, type of enterprise, and decisions of government agencies.
What is employee booking and why is it needed?
Reservation of employees is a mechanism for deferring military service during mobilization for certain categories of individuals. Typically, these are employees of enterprises, institutions, and organizations that are recognized as critically important for the functioning of the economy, defense, or the livelihood of the population.
In simple words, reservation allows an employer to temporarily “fix” key specialists, without whom the company’s activities may be complicated or stopped. For the state, it is a tool for balancing between defense needs and economic stability.
It is important to understand that reservation is not an automatic right of an employee or employer. It is a procedure that depends on the status of the enterprise, compliance with established criteria, and decisions of authorized bodies.
Who can apply for a reservation?
As a rule, employees of enterprises that have the status of critical or perform tasks in the interests of the state are subject to reservation. These may include companies in the energy, defense, transport, medical, agricultural and other areas of strategic importance.
However, the reservation does not apply to all employees without exception, but only to certain categories. Usually these are managers, engineers, technical specialists, specialists with unique competencies, or those without whom the continuous functioning of the enterprise is impossible.
The final list of persons who can be booked is formed by the employer and agreed upon in accordance with the established procedure. Selection criteria may vary depending on regulatory acts and the practice of their application.
Main steps of the booking process
The booking procedure usually consists of several sequential steps.
The first stage is for the employer to identify a list of employees who are critical to the company’s operations. At this stage, a justification is formed as to why these individuals should be reserved.
The second stage is the preparation and submission of a package of documents to the authorized bodies, taking into account industry and regional criteria. These may be specialized ministries or other regional and local military administrations, depending on the economic activity of the enterprise.
The third stage is the review of the submitted materials, making a decision and, in case of a positive result, issuing a deferral from the draft for specific employees.
The procedure may vary in detail depending on the company’s field of activity and current regulatory requirements. Therefore, in practice, it is important to take into account current rules and official clarifications.
List of documents: what is usually required
There is no single universal list of documents, however, according to mandatory criteria, enterprises must provide a tax return for the last quarter, confirm the absence of debt, and maintain an average salary level that meets the established requirements.
A typical package may include:
- a letter or submission from the employer listing the employees proposed to be reserved and justifying their critical role;
- information about the enterprise, its activities, staff numbers and importance for the economy or the state;
- personal data of employees, including information about position, length of service, and military registration data;
- copies of documents confirming employment relationships (employment orders, employment contracts, etc.).
In some cases, additional financial, production or other supporting materials may be required. The final list depends on the requirements of the authority reviewing the application.
In practice, it is the correctness of document preparation that often affects the timing and outcome of consideration. Formal errors, incomplete information, or weak justification can lead to rejection or return of materials for revision.
What does the booking justification look like?
Special attention should be paid to justifying the need to reserve specific employees. This is one of the key elements of the document package.
In general terms, the employer must explain why the company’s operations would be significantly complicated or impossible without these specialists. For example, if the employee is responsible for critical equipment, unique technologies, continuous production processes, or the execution of government contracts.
The more specific and logically formulated the arguments, the higher the chances of a positive decision. Abstract formulations like “important employee” are usually not perceived as sufficient.
Reservation processing times and validity
The time limit for considering an application for granting an enterprise critical status is up to 10 days.
Reservations are usually granted for one year, starting from the date of receipt of the decision of the relevant authority that granted the status. After its expiration, the employer may need to re-initiate the confirmation procedure, prepare documents and justifications again.
It is important to remember that the reservation is not permanent and may be revised if the status of the enterprise, employee position, or regulatory requirements change.
Common difficulties in practice
Despite the formal certainty of the procedure, in practice, employers often encounter difficulties.
Typical problems include unclear criteria, different interpretations of rules by different authorities, frequent changes in regulations, and high burden on government agencies. Additional risks arise in the case of incomplete or inaccurate data in documents.
There are also situations where an enterprise considers itself critical but does not formally meet all the requirements. In such cases, it is necessary to carefully analyze the legal position and possible alternative solutions.
Why is it important to approach the procedure systematically?
Booking employees is not a one-time formality, but a complex process that requires planning, coordination, and legal due diligence.
A systematic approach involves a preliminary analysis of the company’s status, the correct selection of candidates for booking, the preparation of convincing justifications, and control over the terms of the deferral. This approach reduces the risks of refusals and helps the business operate stably even in difficult conditions.
Для великих компаній або підприємств із критичними функціями бронювання може стати частиною ширшої кадрової та правової стратегії.
The role of legal support in the booking process
Although many employers try to go through the procedure on their own, legal support often helps avoid common mistakes and save time.
Lawyers can help with analyzing a company’s compliance with the criteria, forming a legal position, preparing documents, and communicating with government agencies. In addition, specialists monitor changes in legislation and practice, which is especially important in conditions of martial law.
The SENSE team works with businesses on HR, military accounting, and administrative support, helping to structure processes and reduce legal risks.
When is it appropriate to seek advice?
Situations related to employee reservations often have individual characteristics. The status of the company, the industry, the number of personnel, the nature of the tasks performed – all this affects the possibility and procedure for issuing a deferral.
General information helps to understand the course of action, but in more complex cases, it is advisable to get professional analysis and support. This is especially true if you are dealing with a large staff, critical projects, or previous booking rejections.
Proper preparation at the start often avoids delays, re-submissions, and legal disputes in the future.
Employee booking is an important tool for maintaining business stability and fulfilling strategic objectives during difficult times. Understanding the procedure, document requirements, and practical nuances helps employers act more confidently and predictably.
SENSE supports companies in matters of legal support of business and helps to build effective solutions taking into account the current legislation of Ukraine. If you need a structured assessment of the situation or support in preparing documents, consulting with specialists may be a logical next step.