The government has amended the rules for employee deferrals and the criteria for critically important enterprises, introducing new conditions for businesses.
Employee deferrals / © TSN
Ukraine has revised its approaches to deferring reservists and designating critically important enterprises. The deferral system will remain, with updates intended to make it clearer, more transparent, and better protected against misuse.
This is according to a statement from the Ministry of Economy of Ukraine.
Following the decision, businesses raised several questions regarding the continued validity of existing deferrals, the necessity of reconfirming critical status, and the application of new salary requirements. The government has published clarifications on the key provisions of the updated procedure.
Salary Becomes a Key Criterion
One of the most notable changes is the introduction of an updated salary criterion. Henceforth, an enterprise applying for critically important status, as well as the employees intended for deferral, must meet specified remuneration requirements.
For most enterprises, the minimum threshold is set at three minimum wages, currently amounting to 25,941 UAH. Businesses operating in frontline territories have separate conditions, where a salary of at least 2.5 minimum wages (21,618 UAH) is sufficient.
The average accrued salary of the employee will be considered. In other words, this refers to the amount before taxes and other mandatory deductions. However, the new requirements do not apply to state and municipal enterprises, for which the procedure for assessing criticality concerning average salary remains unchanged.
Part-time Workers Will No Longer Increase Deferral Quotas
Another significant change affects individuals employed by multiple enterprises. Previously, employers could include such employees in their calculations when determining the number of reservists eligible for deferral. This allowed a single individual to effectively influence the deferral quotas in several companies simultaneously.
This mechanism is now being altered. An employee with multiple jobs or already benefiting from deferral on other legal grounds can only be counted once. This means one person cannot simultaneously increase the quota for multiple employers.
However, the legislation does not mandate that deferral must be exclusively through the primary place of employment. If an enterprise includes an employee in its deferral quota, it has the right to process their deferral even if they are a part-time employee elsewhere.
The primary condition remains unchanged: a reservist can only be accounted for by one employer.
Enterprises Must Reconfirm Critical Status
Updates have also been made to the mechanism for identifying critically important enterprises. Following the government’s decision, ministries, central executive bodies, and regional military administrations must review their critical status criteria. The new approaches require approval from the Ministry of Defense and the Ministry of Economy.
Only after this process is completed can enterprises undergo reconfirmation of their status.
Essentially, businesses will have to prove their compliance with the established requirements again. This will involve submitting a specific set of documents and obtaining a decision from the relevant state body under the updated regulations.
Transitional Period: What Happens to Existing Deferrals
The government emphasizes that the changes will not take effect immediately. A special transitional period is provided for businesses to adapt.
All decisions recognizing enterprises as critically important that were valid as of June 2, 2026, will remain in effect until their established expiry date. However, the maximum extension for such validity is limited to September 1, 2026.
A similar approach applies to already processed deferrals. Employees with valid deferrals do not automatically lose them due to the rule changes. Thus, until the end of the transitional period, both the status of critically important enterprises and the deferrals of reservist employees processed earlier will be maintained.
How Long Will Document Review Take
One of the most sensitive issues for businesses remains the speed of decision-making by state bodies. The Cabinet of Ministers assures that the procedure for reviewing applications should be completed within specified timelines. Upon receiving the documents, the relevant authority must make a decision no later than ten working days.
Officials also highlight the importance of submitting complete documentation and accurate information. Incomplete or incorrectly filed materials can lead to review delays.
The government has also announced coordination among state structures to prevent overload due to mass applications from enterprises during the reconfirmation of critical status.
What Employees Need to Know
For employees of critically important enterprises, the new rules do not require them to independently contact state bodies or submit additional documents.
However, employees are advised to keep their military registration data up-to-date and to timely clarify their status with their employer.
It is also advisable to inquire in advance whether the enterprise plans to undergo the reconfirmation process for critical status and whether their deferral will be maintained after the transitional period ends.
Steps Employers Must Take
Enterprises aiming to retain their critically important status are advised not to postpone preparations for the updated requirements.
First and foremost, it is necessary to verify compliance with future criteria, analyze staffing, review the list of employees eligible for deferral, and specifically assess the situation with part-time workers.
Additionally, employers should conduct an audit of the average salary levels within the enterprise and ensure that the employees intended for deferral meet the established financial indicators.
After the updated criteria are approved by the relevant authorities, enterprises will need to prepare and submit documents for reconfirmation of critical status.
A video can be watched on the TSN YouTube channel via this link: THE CABINET HAS CHANGED EVERYTHING: new DEFERRAL rules that shock businesses
Where to Find New Criteria
The final requirements for enterprises will be formulated at the level of relevant ministries, central executive bodies, and regional military administrations.
These bodies, after coordinating with the Ministry of Defense and the Ministry of Economy, will publish the updated criteria for specific sectors and regions.
Therefore, businesses are advised to follow official announcements from the authorities responsible for determining criticality in their specific field of activity.
What Changes for Individual Entrepreneurs
For individual entrepreneurs, the new regulations bring no changes. Current legislation, particularly the Law of Ukraine “On Mobilization Training and Mobilization,” does not provide a deferral mechanism for individual entrepreneurs.
Consequently, following the government’s decision, the procedure for this category of business entities remains the same as before.
Mobilization in Ukraine — Latest News
In Ukraine, the Cabinet of Ministers has updated the rules for deferring reservists and the criteria for identifying critically important enterprises. The main change is the tightening of requirements for businesses and the introduction of a link between deferral and official salary: an employee can be deferred if their income is at least three minimum wages (or less for frontline regions).
Furthermore, enterprises applying in July for obtaining or confirming critical status for personnel deferral must, based on June results, pay employees an average salary of no less than three minimum wages, i.e., 25,941 UAH.
Additionally, enterprises that already have critical status will retain it until the expiry of their term, but no longer than until September 1. Concurrently, the state is reviewing the criteria for such companies: they must be updated by June 10, after which businesses can apply for confirmation or new status. New deferral decisions are planned to be made by August. If a company loses its status due to rule changes, it can reapply under the new requirements.
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