Mobilization and employee reservations: under what circumstances does the Territorial Recruitment Center revoke deferments?

Mobilization and Employee Reservation — Controversial Documents

On January 6, MP Alexander Fedienko spoke about the issues surrounding mobilization and employee reservation. The politician published a document received from the Mykolaiv recruitment center. The document stated that a reservist had their deferral canceled due to working at an enterprise fulfilling a mobilization task for the Defense Forces. This deferral was annulled by the recruitment center. For this, the chief issued a corresponding order based on Ukrainian legislation, as noted in the response received by the MP.

The politician explained that the mobilization and reservation of employees have been compromised by this response from the recruitment center. He clarified that the enterprise working for defense lost an employee. Moreover, if it turns out to be a mistake, "demobilization is impossible" for the individual.

Recruitment Center and the Mobilization of Reserved Employees

The topics of mobilization and employee reservation were addressed in comments from the representative of the Mykolaiv military enlistment office, Justice Major Tatyana Kiiko. According to her, the recruitment center indeed annulled the deferral for the reservist who had a reservation from the company executing the mobilization task. The company in question was LLC "ATF AGRO-DILO," she specified. The decision regarding reservation and annulment was made based on Cabinet Resolution No. 76 from February 27, 2024, along with all subsequent amendments.

The military administration canceled the mobilization task, thus the individual truly lost their protection from conscription, noted the Justice Major. However, it turned out that the company had the status of critically important, meaning it retained the right to reservation even without a mobilization order. This circumstance was overlooked by the recruitment center, leading to an internal investigation on the matter.

"All details will be clarified, and this issue will be resolved in the future," assured Kiiko.

Mobilization and Employee Reservation from a Legal Perspective

Mobilization and employee reservation — grounds for deferral annulment:

1. expiration of the term for which the deferral was granted. There are two scenarios. The first — the contract for performing works and services for the Defense Forces has ended. The second — for employees of critically important enterprises, protection is granted for 12 months;
2. if the company owner decided to close;
3. if the individual resigned or suspended their employment contract;
4. if the authorities revoked the critically important status;
5. if the company manager decided to annul the reservation from mobilization;
6. if the citizen has other grounds for deferral;
7. if it is determined that the employee's salary is less than 20,000 UAH.

We remind you that in December, the UNIAN agency reported on the penalties for ignoring the recruitment center.