Reservation from mobilization: under what conditions does the employer have the right to cancel

Employers of critical enterprises can cancel the reservation of military-duty employees.

This procedure is legal, but it has clear rules and restrictions. As noted by RBC-Ukraine, a lawyer with military practice, Mykhailo Lobunko, explained that the mechanism for canceling the reservation is regulated by the Cabinet of Ministers of Ukraine’s Resolution No. 76 dated January 27, 2023. Heads of enterprises recognized as critically important to the economy or as vital to an activity may initiate cancellation of the deferral on their own, in accordance with the procedures established by law.

In accordance with paragraph 31 of the above-mentioned resolution, the employer must submit a reasoned application for cancellation of the reservation. The process is carried out exclusively in electronic format through the “Diya” portal. The application must include the employee’s full name (first name, patronymic), identification code or passport data, and date of birth. The request is processed within 24 hours, and the result appears in the manager’s personal account.

At the same time, the law provides for strict restrictions. An employer can submit a cancellation application no more than once every five calendar days, as Lobunko emphasized. This rule applies to all enterprises, regardless of their status and the number of reserved employees.

It was previously discussed that volunteers cannot win the war on their own and that without mobilization, the situation may become more complicated. We also recall that there are ways to enter the Armed Forces of Ukraine without involving the Territorial Recruitment Centers.