IMPACTA HR CLUB UPDATE
Important changes to the procedure for designating enterprises critically important and the personnel reservation procedure
May 2026
On 22 May 2026, the Cabinet of Ministers of Ukraine adopted important changes to the procedure for designating enterprises critically important and the procedure for reserving employees liable for military service, to retain them in their jobs.
The Government's resolution has not been officially published yet. However, we have analyzed the draft resolution and the comparative table, as well as the press release of the Ministry of Economy, Environment and Agriculture of Ukraine. It is expected that the resolution will enter into force on the day of publication.
Attention!
The final version of the resolution may vary. In case of significant changes, we will inform you about this additionally.
Main innovations
1. Obtaining critical importance status
Increase in the level of average wages
The average wage at an enterprise to obtain criticality must be at least UAH 25,941 (UAH 8,647 x 3). An exception is made for enterprises in frontline territories, for which the minimum level of UAH 21,617.50 remains in effect.
Revision of sectoral and regional criteria of criticality
Ministries, other central executive bodies, and regional state administrations will have to revise their criteria of critical importance within a month, to ensure their objectivity, reasonableness, and application exclusively to enterprises whose activities are of critical importance.
Re-confirmation of critical status
Ministries, other central executive bodies, and regional state administrations will have to review their previously issued criticality decisions within three months. Based on the experience of the reboot of approaches to granting criticality in the fall of 2024, such a review will be carried out based on applications from the enterprises themselves.
Validity of criticality decisions
The validity of criticality decisions that are valid as of the date of entry into force of the Government’s resolution, but which expire until 15 July 2026 (inclusive), is automatically extended until 15 October 2026. The decisions valid as of 15 July 2026 will remain in force for the period for which they are adopted, but not longer than 15 October 2026.
2. Reservation
Exclusion of employees with plural employment from the calculation of the reservation quota
Employees who have been granted a deferment for other reasons determined by Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization", as well as part-time employees combining work for several employers, will be accounted in the total number of persons liable for military service only at the main place of work. The purpose of these changes is to prevent an artificial increase in the number of reserved personnel, particularly due to hiring part-time employees with a deferral.
Strict requirements for compliance with the reservation quota
The Government has set a clear deadline for the de-reservation of an excess number of reserved employees in case a company exceeds the reservation quota – within 10 working days. There are also strict consequences of non-compliance with the requirements of the law: exceeding the quota is the basis for cancelling criticality.
Increase in the level of wages of reserved employees
The monthly wage accrued to reserved employees must be at least UAH 25,941 (UAH 8,647 x 3). An exception is made for enterprises in frontline territories, for which the minimum level of UAH 21,617.50 remains in effect.
KEY OUTCOMES
Obviously, the implementation of the Government's plans will lead to a decrease in the number of critical enterprises and the number of reserved employees. We recommend you respond to changes in time: monitor the update of criticality criteria, assess the prospects for confirming criticality or alternative ways to obtain criticality, in order to have time to update criticality by 15 October 2026. It will also be necessary to audit the level of wages at the enterprise, assess the impact of the exclusion of part-time employees from the calculation of the quota, and make necessary personnel decisions.
IMPACTA LAW lawyers will be happy to assist you if you have any questions.
UPDATE WAS PREPARED BY LABOUR LAW TEAM
Inna Kostrytska
Counsel