Deferral from mobilization for employees of IT companies

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Question: If a person works in an accredited IT
company, is it important what his specialty is by education?

Answer: To apply for a deferral, a specialty from the
list is needed. The Ministry of Finance has identified a list of specialties
and areas of training for representatives of IT and telecom companies to
receive exemption from military conscription as part of mobilization. It is
published in the order of the department No. 712 dated September 26, 2022. 

According to the Ministry of Finance, citizens of the
Russian Federation who have higher education and work full-time in the
following industries can receive a deferral from partial mobilization:

– employees of accredited IT companies involved in the
development, development, implementation, maintenance and operation of IT
solutions (software, hardware and software complexes) or involved in ensuring
the functioning of the information infrastructure.

Question: Will an employee be able to get a
postponement if he is issued under an employment contract after 09/21/2022?

Answer: The current legislation does not directly
regulate this issue. As such, there is no prohibition. However, in the
application for Public Services, it is necessary to indicate the length of
service of the employee, so the possibility of refusal for this reason cannot
be excluded here.

Question: Is it possible to register a person retroactively,
before 09/21/2022? What are the risks and possible consequences here?

Answer: It will not be possible to issue
retroactively. If the FIU has not received information about the admission,
they may refuse to postpone it.

Question: Will it work if you register a person and
the next day or just a few days later collect a package of documents necessary
to obtain a deferral?

Answer: The current legislation does not directly
regulate this issue. As such, there is no prohibition. However, in the application
for Public Services, it is necessary to indicate the length of service of the
employee, so the possibility of refusal for this reason cannot be excluded
here.

Question: What kind of package of documents do I need
to collect to apply for a deferral?

Answer: For an IT specialist, the package of documents
is as follows:

• original or copy of the employment contract;

• diploma of higher education;

• extract from the list of accreditation of the IT
organization where the specialist works;

• a certificate from the management or from the HR
department that a citizen participates in the creation, modernization,
operation and implementation of IT developments or ensures the functioning of
the information space at the federal level.

Next, you need to:

1. Fill out the confirmation form from the employer
and sign it with the digital signature of the CEO.

2. Open a service on Public Services.

3. Enter information about military registration (type
of document, its series and number, military rank and position, etc.).

4. Specify information about higher education
(university names, specialty, diploma series and number) from Appendix 1 to the
order. If you have not found your specialty in it, look at the table of
compliance of specialties in Appendix 2.

5. Fill in the information about the work (TIN and the
name of the organization, labor duties, justification for the need for
postponement, etc.).

6. Attach to the application a confirmation form
signed by the head of the organization and a file of the detached electronic
signature.

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