Is it possible to exempt a part-time employee from military service during wartime

Is it possible to exempt a part‑time employee from mobilization?
The issue of reserving employees during martial law has become one of the most pressing challenges for Ukrainian business. It is particularly acute in relation to part‑time employees, specialists who work for several companies at the same time. In HR and finance practice, situations often arise where these very employees are crucial for business continuity, so employers seek to protect them through reservation from military service. However, the current regulatory framework leaves many gaps and ambiguities.

Legal framework for reservation
The legal basis for reservation is set by resolutions of the Cabinet of Ministers of Ukraine, which define the procedure for retaining employees essential for the economy and defence. This is a mechanism for deferment from conscription, whereby the company proves that a particular person is critically important for its operation. A central role is played by the list of critically important enterprises, institutions and organizations that are entitled to submit proposals for reserving their employees.

Under the current rules, only those employees who are in employment under their primary workplace can be reserved. The status of “primary place of work” is the key criterion for the possibility of reservation. For part‑time employees, the legislation does not expressly provide any reservation mechanism, which leads to practical questions and disputes.

Legal status of a part‑time employee
An employee working part‑time may be an internal part‑timer (within the same company) or an external one (in another organization). In any case, reduced working time standards, a special pay regime and certain limitations on labour guarantees apply to such employees.

This is why the legislator has not included part‑time employees among the persons who may be reserved: reservation implies guarantees of job retention, which relate specifically to primary employees. A part‑timer has secondary employment, so from the system’s perspective he or she cannot be an object of deferment.

Arguments “for” and “against”
The main argument in favour of reserving part‑time employees is practical necessity. In wartime, companies often have to engage rare specialists who work part‑time. For example, doctors working in several clinics, accountants, auditors or IT consultants may perform critical functions for state or defence‑related enterprises. The loss of such an employee due to mobilization can effectively paralyse the institution’s operations.

The arguments against are based on legality. Reservation rules are designed for core employees, because the state guarantees that they remain employed and continue to perform important functions at a specific enterprise. If a person works in several places, the question arises what exactly is being reserved — the person as such or their status with respect to one employer? Without a clear legal norm this may lead to a legal deadlock.

Possible solutions
Within the current legal framework, one practical approach is to convert a part‑time employee into a primary employee. The employer may agree this with the worker and amend the employment contract. Once the person’s status is changed to “primary place of work”, the company may include them in the reservation list.

Another option is to conclude a civil‑law contract with the specialist if their involvement is critically important but the formal labour‑law reservation mechanism cannot be applied. Such a contract does not guarantee deferment from mobilization but allows cooperation to continue with lower legal exposure.

In the longer term, the regulatory framework needs to be updated to allow more flexible regulation of labour relations under special conditions. In particular, a separate category of “functional reservation” could be introduced, where priority is given not to the formal status of the employee but to their role in ensuring critical processes. This would simplify procedures for specialists working in several organizations simultaneously.

Practical tips for businesses
Assess whether this particular part‑time employee is truly essential for maintaining production or operational safety.
Consider whether it is legally possible to change their status to a primary employee.
Check whether the company meets the Ministry of Economy’s criteria to be classified as critically important.
Prepare a justification for the reservation request, clearly describing the employee’s role and the consequences of their mobilization.
Comply with personal data protection requirements when preparing the documents.

Conclusion
As of April 2026, the law does not allow reservation of part‑time employees, so businesses have to seek compromise solutions — primarily by transferring key specialists to primary employment and properly documenting their role in critical processes.
If you have any questions or issues related to applying reservation rules during martial law or formalizing the status of a part‑time employee, please contact our lawyers — timely advice will help you avoid business risks.

Author – Svitlana Krutorohova, attorney at the law firm “WINNER”.