Reservations may be canceled before release: lawyer warns of risks for conscripts

In Ukraine, military employees of critical enterprises risk losing their mobilization reservation even before their official dismissal. If there are legal grounds, the employer can initiate its cancellation even when the employee continues to perform his duties.

Why can reservations be canceled before dismissal

According to the lawyer, an employee can submit a resignation application and continue working within a two-week notice period, but remain without a postponement from mobilization.

The lawyer notes that in some cases, early cancellation of reservations can be used by employers as a tool of pressure during labor conflicts.

At the same time, canceling a reservation in itself is not necessarily a violation of the law, if there are proper legal grounds for such a decision.

What threatens the loss of a reservation

After the postponement is canceled, the conscript is again subject to mobilization on general grounds, if he has no other legal grounds for the postponement.

In addition, additional problems may arise with military registration.

In particular, according to the lawyer, in practice there are cases when, after the loss of a reservation, information about violations appears in the registers, and the “Reserve+” application displays the wanted status.

Important: the cancellation of the reservation itself is not an automatic basis for declaring a person wanted. Such a status is associated with possible violations of the rules of military registration.

The presence of a corresponding record can significantly complicate the registration of a new reservation.

Is the reservation transferred to a new job

The lawyer emphasizes that the legislation does not provide for the automatic transfer of a reservation from one employer to another.

Even if an employee transfers from one critically important enterprise to another, there may be a period without a delay between the cancellation of the previous reservation and the registration of a new one.

At this time, the conscript risks being mobilized.

How to protect your rights

To minimize risks when changing jobs, lawyers recommend:

Check in advance whether the new employer has the status of a critically important enterprise.
Clarify the possibility and terms of making a new reservation.
Check the relevance of military registration data in “Reserve+”.
In case of early cancellation of the reservation, contact the employer with a written request regarding the reasons for such a decision.
If there are signs of violation of labor rights, contact the State Labor Service or the court.

At the same time, appealing the decision of the employer or the CCC in itself does not automatically restore the reservation.

Thus, military-obligated employees should consider the risks of losing the deferment even at the stage of planning dismissal or transfer to another enterprise.