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Reserving an employee from call-up

Your company may reserve employees, but individual cases raise doubts: does the post fall within the approved list, and how should the paperwork be done? We review each case and prepare the documents.

Call: +7 (499) 460-63-47
Practice led by
Aleksey Sukhoruchenko, lawyer
Practice block
Reservation from call-up
Format
Moscow and remotely across Russia

What is happening

Holding the right to reserve does not mean any employee may be reserved. Reservation follows posts and occupations on the approved lists, and takes account of rank, age, the category of the reserve and where the employee is registered. A mistake at this stage is the last to be noticed and the most expensive to put right.

Common situations: the employee genuinely performs the relevant function but the post is named differently in the staffing table; a reservation has been made but the deferment certificate is defective; more employees are reserved than the tasks issued to the company allow; the registration records and the returns do not agree.

Staff movements are a separate difficulty. An employee is transferred, leaves, changes their surname or is removed from the register, and the reservation has to be revisited. Without written rules this is done case by case, and the discrepancies accumulate until an inspection arrives.

What the law says

  • Federal Law 31-FZ on mobilisation preparation makes reserving employees a duty of an organisation to which mobilisation tasks have been issued.
  • Reservation is available only for posts and occupations on the approved lists, and only within the limits issued to the organisation.
  • A reserved employee is issued a certificate of deferment from call-up under mobilisation; this is a controlled document requiring strict handling.
  • Details of reserved employees go into the returns filed with the reservation commission and must match the military registration records.
  • A change of post, a termination or a change in an employee's registration details calls for the reservation to be revisited or ended.
  • Inaccurate or late information is treated as a breach in the field of military registration, for which the Code of Administrative Offences provides liability.

What we do

  • We check the staffing table and employees' actual functions against the approved lists and the limits issued to the organisation.
  • We work through doubtful posts and set out how to bring the job title and job description into line with the work actually performed.
  • We prepare the file for each employee: the grounds, the register entries, the deferment certificates and the records of their issue and safekeeping.
  • We align military registration with the returns and remove discrepancies between the card index, the HR documents and the reports.
  • We draft rules for revisiting reservations on transfers, terminations and changes to registration details.
  • We brief the responsible member of staff and the HR team on running this area from then on.

What we need from the company

  • The documents confirming the organisation's right to reserve, together with the tasks and limits issued to it.
  • The staffing table, job descriptions and HR orders for the current period.
  • The card index and military registration registers, with details of employees held in the reserve.
  • Any deferment certificates already issued and the register recording them.
  • Reservation returns filed previously and the correspondence with the reservation commission.
  • Access to the person responsible for military registration and to the HR team so that data can be reconciled.

HOW THE WORK IS BUILT

How the work is built

Reconciliation

We compare the approved lists, the limits, the staffing table and the registration data and identify discrepancies.

1 meeting

Paperwork

We prepare the employee files, certificates, registers and returns and put right the defects found.

1–3 weeks

Rules and briefing

We set down the procedure for revisiting reservations and train the responsible member of staff.

as the matter develops

NEARBY

Other services in this practice

If the question concerns a serviceman personally — payments, discharge, a criminal case — that is handled by the advocates of the Kovalev, Malyutov, Tsypkalo & Partners Bar Association: mka.moscow.

QUESTIONS

Frequent questions

Can we rename a post so that the employee falls within the list?

A job title must reflect what the employee actually does. Where the function matches the list but the staffing table wording is imprecise, the wording is corrected to match the work. We do not help fit a title to a list when the actual work is different.

What happens to a reservation when the employee leaves?

The reservation ends, the deferment certificate must be returned and recorded, and the registration records and returns are corrected. We set the procedure out in writing so that it is handled consistently.

Can you guarantee the employee will not be called up?

No. Nobody can give guarantees in this area. What we answer for is that the grounds for reservation are sound and that the documents are correctly drawn up and filed on time.

NEXT STEP

Let us discuss your situation

The consultation is free of charge when an engagement agreement is signed: on it we say what has to be done and by when.

Call: +7 (499) 460-63-47