Two Mandatory Requirements for Mobilization Deferment: What Happens If They Aren't Met

Requirements for Deferring an Employee from Mobilization

According to ХВИЛЯ: Attorney Dmytro Holovko has clarified the two mandatory conditions that must be met for an employee to receive a deferment from military mobilization. If either of these conditions is not fulfilled, the company will be unable to submit the necessary documentation for the deferment.

• The first requirement is that the employee must be registered in the electronic military accounting system known as Oberih.
• The second condition stipulates that the employee must not be subject to an administrative search order.

Having your data in the Oberih electronic system and not being under an administrative search order are the most critical conditions for obtaining a deferment. Dmytro Holovko

If an employee is not listed in the Oberih system, the company may submit a formal legal inquiry to the Territorial Recruitment Center (TCC). Upon receiving this information, the TCC is obligated to enter the data into the register. However, the attorney notes that

They intended to adopt rules for this, but never did. Therefore, as long as this search order is active, you will not be able to secure a deferment.

Additional Information on Deferment

It is important to note that no special regulations have been adopted for deferring employees who are under an administrative search order. An employee can have the search order lifted through a company lawyer, an in-house legal representative, or by filing a formal legal petition with the TCC. In most cases, the procedure for lifting the order involves paying an administrative fine.

Therefore, the core conditions for deferring employees from mobilization are:

• Registration in the Oberih electronic military accounting system;
• Not being subject to an administrative search order.

Compliance with these requirements is critically important for the successful processing of a deferment application.

This information is crucial for employers in Ukraine seeking to protect eligible staff from call-up during the ongoing conflict. The lack of clear regulations regarding individuals under search orders can create significant procedural hurdles for businesses. Consequently, it is vital for companies to stay informed about all requirements and procedures to avoid potential legal complications and ensure operational continuity.

Understanding the criteria for deferment is crucial, especially when considering the implications of a 'wanted' status, which can hinder employee mobilization reservations. For those facing such challenges, it's essential to know the steps to rectify this situation. You can find more details on how to navigate through these legal hurdles in our article on removing a 'wanted' status.