Which Employers May Reserve Employees

The principal procedure is established by Resolution of the Cabinet of Ministers of Ukraine No. 76. In 2026, the rules changed several times, so management must apply the version in force on the filing date. Some changes approved by Resolution No. 862 of 1 July 2026 take effect on 1 September 2026. This means the employer should use the current official rules on the filing date rather than outdated guidance or instructions.

The legal basis depends on the employer category. For many companies, critical importance to the economy or to the functioning of the population is the key status. Special rules apply in certain sectors. The owner should distinguish the decision granting critical status from the reservation of an employee: the first gives the employer a legal basis, while the second relates to a specific individual.

The number of employees who may be reserved and the reservation period depend on the rules in force and the employer category. Management makes staffing decisions by considering who supports production, sales, technical work, finance and management. This allows the available reservation capacity to be used for people without whom the business would lose revenue or the ability to perform contracts.

The critical-status decision has its own validity period. Management monitors that date separately from employee reservation periods and assesses in advance whether the employer will continue to meet the criteria for the next period. For the owner, this is a business-continuity issue: enterprise status and staffing decisions should be aligned with contracts, the production plan and the team's actual workload.

Which Employee Data Matter

Accurate personal and military-registration information, employment with the employer and the data held in state registers are important for the application. The HR specialist or responsible person compares the employer's records with the employee's data before filing. A discrepancy in surname, tax number, date of birth or status may affect the result.

Management also needs to see when the current reservation, critical-status decision and employee's employment agreement expire. These dates directly affect staffing planning. For a long-term contract, the owner plans in advance which employees need to remain in the team at key stages of performance.

The employee must have up-to-date military-registration data. The employer maintains its own personnel records within the applicable rules, and the responsible person promptly records changes relating to the employee's work. For the business, this is an ordinary part of HR administration on which the ability to use the reservation right depends.

If some employees have scarce specialisms or perform work that is difficult to transfer quickly to another person, management takes this into account in staffing planning. In parallel, the owner develops backup for critical functions, distributes access rights and trains other employees. This gives the business resilience even if the team composition changes.

What the Employer Receives After Reservation

After a positive result, management receives confirmation for the specific employee and can take the reservation period into account in production and staffing plans. The owner sees which key employees remain in the team, when their reservation expires and which changes in the company's activity may require a new decision.

If the employer is only preparing to obtain critical-enterprise status, management assesses the criteria, indicators and expected validity period of the future decision. If the status already exists, attention shifts to employees and the accuracy of their data. These are two separate matters, each with its own legal significance for the employer.

UBC can help management identify the current legal basis for reservation, review HR documents and explain the employer's rights as at the filing date. The client receives a clear list of what should be corrected or confirmed before filing and can make staffing decisions more quickly.

Management should maintain a calendar of key staffing dates: expiry of critical status, reservation periods, fixed-term employment agreements and changes to military-registration data. This allows decisions to be made before a date affects a division's operations. UBC can prepare the legal part, while the HR specialist maintains current employee records.

If the employer loses the legal basis for reservation or the status of a particular employee changes, management immediately assesses the staffing consequences for the division. The owner benefits from duplication of key functions and backup personnel for important contracts. Sales, production and customer service can then continue even if one employee's status changes.