Reserving your employees from call-up during mobilisation

What is happening

Reservation is a company's right to keep certain employees at their workplaces during mobilisation. It is not granted automatically because of an industry or a turnover figure. The grounds appear when the company falls within the lists drawn up for its industry or works to an assignment, and when its military registration is kept properly.

In practice the trouble usually starts with the registration rather than the reservation itself. There is no order appointing a responsible officer, no records for employees liable for military service, no reconciliation with the commissariat. In that state a reservation request is simply not considered, and the company receives an order to remedy the breaches.

The second common case is a reservation that exists on paper while the employee is still summoned. Here it matters to check quickly whether the deferment certificate is still valid, whether the entries are correct and whether the reporting was filed. The error is usually technical and visible in the documents.

What the law says

• Military registration is mandatory for every company regardless of its ownership or headcount; the director is responsible and appoints a named employee to keep it by an internal order.
• A reservation gives the employee a deferment from call-up on mobilisation for as long as he holds the reserved position and works for that company.
• The right to reserve is defined by the lists of positions and occupations and by the assignments a company receives through its industry, not by the company's own decision.
• A deferment certificate is issued for each reserved employee, kept by the company, and the details are passed to the military commissariat.
• The company files military registration and reservation reports within the set deadlines and reconciles its data with the commissariat; breaches of the registration rules carry administrative liability.
• Dismissing a reserved employee or moving him to another position changes his status, and the military commissariat must be informed.

What we do

• We check whether your company has grounds for reservation at all and explain where those grounds come from in your particular case.
• We audit the military registration: orders, records, logbooks, reconciliations and reporting deadlines, and set out in writing what has to be corrected.
• We prepare the full set of registration and reservation documents, including the order appointing the responsible officer, the work plan and the reporting forms.
• We draw up deferment certificates and handle the transfer of the details to the military commissariat.
• We correspond with the commissariat, answer its requests and compliance orders, and prepare objections where a demand goes beyond the rules.
• We deal with the situation where a reserved employee receives a summons and help confirm his status with documents.

What we need from you

• Company registry extract and constitutional documents, with the industry activity codes.
• Staff schedule and the list of employees liable for military service, with their positions.
• Any internal orders on military registration and reservation already issued.
• Registration records for employees liable for military service and the inspection logbooks.
• Correspondence with the military commissariat: requests, compliance orders, inspection reports.
• Copies of any summonses and deferment certificates already issued.