On June 8, 2024, Resolution No. 650 of the Cabinet of Ministers of Ukraine entered into force, which significantly changes the procedure for reservation of employees, including for agribusiness.
The main introduced changes are as follows:
1. Decisions of the Ministry of Economy on reservation made before the date of this Resolution remain in force during the period for which they were made. However, it is not entirely clear whether the previous extension of this term for 3 months remains in force for those reservations that were valid as of May 10, 2024. We hope that everything is in force, because the relevant Resolution of the Cabinet of Ministers has not been canceled as of now.
2. Reservation decisions after June 8 will be made with a reservation period of 12 months instead of 6 months.
3. Employees of enterprises critical to the economy are subject to reservation, regardless of age, rank, and accounting specialty.
4. All beneficiaries, as well as all members of the supervisory boards of those enterprises whose assets value according to the latest financial statements or whose annual net income exceeds UAH 200 million, were added to the list of persons who can be reserved by enterprises critically important for the functioning of the economy.
5. As for employees, the company can reserve them as before in the amount of no more than 50%. However, in the new edition we are talking about officials, and therefore it remains not completely clear whether the Board members fall under this quota or they can be reserved additionally to it. It is obvious that the beneficiaries are not officials, that is, according to logic, they should be reserved in addition to the quota.
6. The criteria for recognizing enterprises as critically important for the economy remained unchanged.
7. Within a month, the booking process through the Diya portal should be developed and launched.
8. When submitting a list for reservation through Diya, the portal will automatically check the company’s data for criticality, the number of employed persons from the Pension Fund data, and the data of conscripts in the Oberig system.
9. In view of the above, enterprises will have to submit data on changes in the number of employees to the Pension Fund, in addition to data to be provided to the Tax Authorities.
10. Also, the Oberig system shall contain the data of all employees submitted for reservation to avoid rejection.
If you are not sure whether your business complies with the criticality criteria, please contact us, we will help you to check, as well as obtain this status and reserve your employees after receiving the specified decision.