On December 1, 2024, the provisions of the Resolutions of the Cabinet of Ministers of Ukraine No. 1332 dated November 22, 2024, No. 1361 and No. 1362 dated November 29, 2024, which establish updated rules for obtaining the criticality status and booking employees, came into force.
Please find a detailed description of the main changes that have taken effect since December 1, 2024:
2 criteria have been introduced that are mandatory for privately owned companies (regardless of compliance with other criteria) to obtain the status of a critical enterprise:
All enterprises that have previously been identified as essential will need to update their criticality status, considering the need to comply with the above mandatory criteria and rebook their employees who have been booked by February 28, 2025.
In addition to these mandatory criteria, the company must also meet one of the additional criteria:
Central executive authorities, other state authorities, public administration bodies with jurisdiction over the entire territory of Ukraine, regional, Kyiv, and Sevastopol city state administrations (military administrations if established) are required to approve the criteria for determining an enterprise, institution or organization that is important for the national economy or the needs of a territorial community by December 11, 2024. If the company fails to confirm its significance under the new rules, this status will be lost and the reservation of the company’s employees will be cancelled.
Starting from 01.12.2024, employees of critically important enterprises will be booked only through the Diia portal. From now on, all applications will be submitted online, and paper orders will be replaced by an electronic system that minimizes bureaucracy. The period for putting a person liable for military service on a special account after applying for a reservation in the Diia portal is up to 72 hours.
Decisions on the status of enterprises, institutions, and organizations considered critical to the functioning of the economy and the livelihoods of the population during a special period, as well as essential to the needs of the Armed Forces and other military formations during a special period, which are in force as of 1 December 2024, shall remain in force for the period for which they were adopted, but no longer than until 28 February 2025.
Accordingly, the enterprises holding the current criticality status as of December 1, 2024, shall retain it for the period for which it was granted by the relevant decision, but no longer than until February 28, 2025.
Moreover, these enterprises may book their employees until the period of criticality renewal, but for a period not longer than February 28, 2025. After the new criteria are updated, companies have the right to book employees for a longer period of up to 12 months.
Under the new rules, only a person liable for military service can make a reservation if he or she:
Consequently, if a company wants to book an employee or extend an existing employee booking, it will be enough to set a salary level higher than UAH 20 thousand from the date of booking without the obligation to have a higher salary in the previous period.
When submitting a list for booking on the Diia portal, the head of a critical enterprise must declare that the employee’s accrued salary before all taxes will be at least UAH 20 thousand.
The total number of employees liable for military service to determine 50% of employees subject to reservation is no longer included:
It is important to note that the number of employees liable for military service is considered as of May 18, 2024, and in case of an increase in the number of employees liable for military service in a state body, critical enterprise, critical institution, or if they were established after May 18, 2018, as of the date of submission of the lists.
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