Typical mistakes employers make when reserving employees

One of the most progressive innovations has been the introduction of the employee reservation service. through the Diia portal.This digital service has significantly streamlined the process of reserving employees, as the entire process is done online and in a few clicks.

Nevertheless, even with the updated procedures, businesses may still face difficulties when reserving their employees.

In this publication, we focus on the key mistakes employers make during the employee reservation process, as well as important nuances that should be considered.

Inaccessibility of the reservation service via the Diia portal

Often, enterprises that are recognized as critical to the functioning of the economy and essential services during martial law encounter difficulties accessing the employee reservation service via the Diia portal.

This is due to the fact that such enterprises are not included in the Unified List of state authorities, other state bodies, local self-government bodies, enterprises, institutions and organizations to reserve persons liable for military service (hereinafter also referred to as the Unified List).

To resolve this problem, the company should apply to the authority that recognized it as a critical enterprise with a request to add its data to the Unified List.

Common errors in selecting employees for military reservation

One of the most common mistakes employers make is to try to reserve employees who do not meet the requirements set out in the Procedure for Reserving Persons Liable for Military Service for the Period of Mobilization and Wartime No. 76 (hereinafter also referred to as the Procedure).

In particular, in accordance with the Procedure, a person liable for military service may be successfully booked if he or she:

• is duly registered with the military service registry;
• is in an employment relationship with a state body, critical enterprise, or critical institution;
• has clarified the personal data specified in paragraph 2 of Section II “Final and Transitional Provisions” of the Law of Ukraine No. 3633-IX dated April 11, 2024 “On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization and Military Registration”;
• is not listed as wanted by law enforcement. 

Failure to meet these requirements will result in a denial of the employee’s reservation.

Moreover, under current practice, the following factors may also prevent an employee from being reserved:

• full or partial absence of up-to-date information about the employee in the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists (hereinafter also referred to as the Register);
• the presence in the Register (the “Reserve+” application) of a mark on the employee’s violation of the rules of military registration;
• if an employee who is liable for military service has a deferral from military service during mobilization on other grounds;
• an employee has a reservation with another company, institution or organization.

Non-compliance with the salary criterion

One of the main changes in the reservation procedure starting in December 2024 was the introduction of a salary criterion for employee reservations. 

From now on, the employees of critical enterprises and institutions included in the lists (except for the exceptions provided for in the Procedure) must be paid a monthly salary for the entire period for which the reservation is granted, no less than 2.5 times the national minimum wage (currently, this amount is UAH 20 thousand).

It is important to note that non-compliance with the above salary criterion will result in the cancellation of the reservation for the employee.

Incorrect display of the number of employees liable for military service 

Employers also often face the problem that the Diia portal contains an incorrect number of employees liable for military service, or displays dismissed employees, or newly hired employees are not displayed. 

In this regard, we note that information on the number of employees liable for military service comes from the Register and the Pension Fund of Ukraine (hereinafter also referred to as the Pension Fund).

To update employee information, you should use the Pension Fund’s e-services portal, in particular, to submit information on hiring, dismissal, reinstatement, temporary termination/renewal of an employment contract, etc. After completing these steps, updated information about employees will appear on the Diia portal.

In view of the above, the updated Procedure streamlines the employee reservation mechanism, yet still demands a diligent approach from employers and a clear understanding of the applicable rules.

Following the above instructions will help to avoid mistakes and ensure predictable and stable operation of businesses.

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