Why employees with reservations are taken to the TCC: clarification from the Armed Forces of Ukraine
20 December 05:25
The Armed Forces of Ukraine denied mobilization of those booked, but noted that if the booking of employees was not made through Diia, the employer must submit such data to the Military Recruitment and Selection Committee. This is stated in the Telegram channel of the Land Forces, [kometsant] reports
Two days ago, MP from the Servant of the People party Oleksandr Fediyenko wrote on Facebook that he had received many appeals from both citizens and organizations that employees who had documents confirming their reservation were being forcibly brought to the TCC. In particular, such cases have been reported in Zakarpattia, Kharkiv, and Odesa regions.
“I have to state that a new trend has emerged – TCC employees are forcibly mobilizing workers who have documents confirming their booking,” said Oleksandr Fediyenko.
According to him, representatives of the TCC argue that these people are not listed in the Oberig system, and paper documents are not recognized.
The press service of the Land Forces said that according to the law, companies that book reservations for people liable for military service must apply for a deferral to the TCC and the joint venture on whose territory they are located. Whereas in the case of reservations made through the Diia portal, a person is automatically transferred to special military registration through the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists.
“Reservations made without using the Diia portal do not automatically appear in the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists,” the statement said.
Without such a notification, the TCC and JV have no grounds to enter reservation data into the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists.
In response to the dissemination of manipulative information regarding the mobilization of reserved employees, the Land Forces called on the heads of state bodies, local governments and enterprises to comply with the requirements of the law.
In accordance with Article 25(3) of the Law of Ukraine “On Mobilization Preparation and Mobilization”, state authorities, local governments and enterprises that reserve persons liable for military service are obliged to apply for a postponement of the call-up to military service at the district (city) military enlistment and registration office.
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Booking procedure
From now on, reservations for persons liable for military service will be made only through the Diia portal. The only exception is non-resident companies, which have a separate mechanism for submitting documents. Such companies will submit lists of employees liable for military service directly to the Ministry of Economy, which will carry out the booking procedure.
The new procedure provides for regular automatic checks of the criticality status of enterprises. By integrating with the Pension Fund and State Tax Service databases, the system will check the companies’ compliance with the established criteria on a monthly basis, ensuring that reservations are up-to-date and legitimate.
An important aspect of the new procedure is the possibility of withdrawing the reservation from employees at the request of the company. However, unless there are special reasons, such as the employee’s dismissal, the company may initiate such a withdrawal no more than once a month.
Restrictions on booking
Employees who have been working at the company for less than three months are not allowed to make a reservation. This temporary restriction is expected to be revised after the tax legislation is amended to reduce the required length of service to one month.
Special conditions are set for part-time employees. If an employee already has a reservation at his or her main place of work, he or she cannot be included in the general database of persons liable for military service at another company to receive an additional reservation.
The system provides for a transition period for reservations already issued. All existing reservations will remain in force until the company reconfirms its criticality status in accordance with the new rules.
New bookings for employees will be possible only after the company receives an updated criticality status in accordance with the new requirements.
