The government is once again changing the rules for reserving employees and the criteria for determining critical importance: what the new rules entail

The text of the resolution on the amendments has not yet been officially published, but we can already highlight the main points that will need to be taken into account once the relevant changes take effect.

The new procedure, in accordance with the draft Resolution, provides for the following key changes:

• an increase in the mandatory salary threshold under the CMU resolution, setting it at three times the minimum wage (currently UAH 25,941 instead of UAH 21,617.50);
• within one month, all ministries and regional authorities will be required to re-approve the criteria they have established and coordinate them with the Ministry of Defense and the Ministry of Economy;
• within three months of the amendments taking effect, the authorities that designated enterprises as critically important will review their relevant decisions;
• part-time employees who have a deferment from conscription will be counted toward the enterprise’s total reservation quota based on only one place of employment;
• if the term of a decision designating an enterprise as critically important expires before July 15, 2026, but such a decision is in effect as of the date the Government adopts the resolution on the amendments, the term of such a decision is extended until October 15, 2026;
• if the term of the decision designating an enterprise as critically important expires after July 15, 2026, such a decision will remain in effect for the term specified therein, but no longer than until October 15, 2026.

What do we recommend?

• Verify that employee salary levels meet the new criterion (at least UAH 25,941).
• Conduct an audit of the term of the decision designating the enterprise as critically important.
• Monitor the reservation limits (quotas), taking into account restrictions on part-time employees.
• Be prepared to reconfirm criticality status under the new rules during the transition period.

These changes will take effect upon the official publication of the relevant CMU resolution (expected by the end of May). 

GOLAW’s lawyers continuously monitor changes in legislation, so as soon as the new regulations take effect, we will immediately publish the latest updates.