A remote worker can be reserved: what conditions must be met
Employees who work remotely can be reserved from mobilization provided that they are in an employment relationship with the enterprise and meet the legal requirements.
According to Article 60² of the Labor Code of Ukraine, remote work involves the employee performing work outside the employer’s premises using information and communication technologies. At the same time, the parties conclude a remote work employment contract.
The standard form of such a contract was approved by the order of the Ministry of Economic Development, Trade and Agriculture of Ukraine dated May 5, 2021, No. 913-21.
According to paragraph 29 of the Procedure for reserving military-registered persons during mobilization and wartime, approved by the Cabinet of Ministers of Ukraine resolution dated January 27, 2023, No. 76, the transfer of a military-registered person to special military registration is carried out automatically within 72 hours after the list is formed through the Unified State Register of conscripts, military-registered persons, and reservists.
For this, the employee must meet a number of requirements:
- be registered for military service;
- be in an employment relationship with a state body, a critically important enterprise, or institution;
- have updated personal data in accordance with the requirements of the Law of Ukraine dated April 11, 2024, No. 3633-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding Certain Issues of Military Service, Mobilization, and Military Registration";
- not be wanted.
Thus, if a remote worker is officially employed at an enterprise that has critically important status and has fulfilled the military registration requirements, the employer can submit them for reservation.
As previously written by the "Judicial and Legal Newspaper", during general mobilization, certain categories of military-registered persons may receive a deferment from conscription through reservation. This right is not granted to all employees but only to those who meet the criteria defined by law. To arrange a reservation, the employer must follow the established procedure, and the duration of the deferment depends on the employee’s category and the grounds on which it was granted.
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