The situation regarding mobilization and the protection of critical enterprises in Ukraine continues to evolve, changing the rules of the game for both employers and employees. As of August 2026, a pressing question remains: how broad are the powers of company management in managing the status of employees subject to military service? Legal practice and expert clarifications confirm: an employer has the legal right to initiate the cancellation of an employee's protection via the «Dія» portal without obtaining the personal consent of the employee themselves.
Procedure for cancellation via the «Dія» portal
According to clarifications by lawyers, in particular Mykola Syrenko from the law firm «Prykhodko and Partners», the mechanism for removing protection has become more flexible. Subparagraph 8 of paragraph 31 of Order No. 76 stipulates that the head of an enterprise may submit a reasoned application for the removal of protection. The key aspect is that the procedure does not require coordination with the employee. This allows enterprises to manage their personnel composition promptly in accordance with current business needs and legislative norms.
It is important to note changes in the frequency of submitting applications. Previously, there was a limitation according to which an employer could submit such an application only once every 5 days. However, Resolution No. 862 abolished this time barrier. Legally, this means that an employer has the right to submit a petition for unblocking daily, provided there are valid grounds.
Technical limitations and real-world practice
Despite the legal possibility of submitting applications daily, in practice, the «Dія» service continues to be in the process of technical implementation of this change. Experts note that the portal's functionality may not keep up with the speed of adopting regulatory acts. In this regard, enterprises are recommended to plan personnel operations taking into account that the actual "window" for submitting applications may still remain 5 days. This creates a temporary gap between the letter of the law and the technical capabilities of the platform.
Protection is not a tool for disciplinary action
The legal nature of protection is clearly defined: it is a tool for ensuring the needs of the economy and defense, not a lever of pressure on personnel. Attempts to use the removal of protection as a form of punishment for violating labor discipline are illegal. Article 147 of the Code of Labor Laws contains an exhaustive list of disciplinary sanctions — a remark, a reprimand, and dismissal. Removal of protection is not included in this list.
Using the cancellation of protection as a punishment for lateness, absenteeism, or violation of internal rules creates serious legal risks for the employer. Such actions can be challenged in court, and the enterprise risks receiving fines or being recognized as a violator of labor rights.
Legal grounds for removing protection
There is a clear list of situations when an employer is obliged or has the right to initiate unblocking. Firstly, this is the dismissal of an employee — in this case, protection is automatically cancelled. Secondly, the transfer of an employee to a position that does not fall under protection criteria. If an employee changes their work profile and their new position does not relate to critical ones, the employer must notify the system of this.
Special attention is paid to compliance with quotas. In the event of exceeding the established protection quota, the head is obliged to submit an application to cancel the "excess" protection within 10 working days. Ignoring this requirement is grounds for cancelling the critical status for the entire enterprise, which may entail serious consequences for the business.
