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An employee of hazardous production defended his right to retire early

Publication date: November 3, 2023

Vasyl, a resident of Vinnytsia, worked all his life at a chemical plant. His work was associated with particularly hazardous working conditions. Upon reaching 50, the man applied to the local Pension Fund office for a pension on preferential terms. However, he was denied.

The reason for the refusal was that Vasyl did not have the required length of service in hazardous and challenging working conditions, according to List 1*. The period not included in his work experience was more than ten years.

The man disagreed with this decision and turned to the Vinnytsia-based NGO “Podillia Center for Human Rights” for help.

After examining the situation, the organization’s lawyer, Oleksandr Dovbysh, prepared and filed a claim with the District Administrative Court to recognize the Pension Fund’s decision as unlawful and to oblige it to credit Vasyl’s service and grant him a pension and benefits.

Lawyer’s comment

Oleksandr Dovbysh, a lawyer at the Podillia Center for Human Rights.

By the Law of Ukraine “On Compulsory State Pension Insurance”, a person is entitled to an old-age pension on preferential terms if they worked in jobs with particularly harmful and harsh working conditions according to List No. 1 of industries, jobs, professions, positions and indicators approved by the Cabinet of Ministers of Ukraine and also, based on the results of the certification of workplaces, in jobs that give the right to receive an old-age pension on preferential terms – upon reaching the age of 50 and with at least 25 years of insurance experience for men (including at least ten years in the specified jobs) and at least 20 years for women (including at least seven years and six months in the selected positions).

As a result, the Vinnytsia District Administrative Court found that the Pension Fund had unlawfully refused to grant the plaintiff an old-age pension on preferential terms. The claim was fully satisfied. The court ordered** the Main Department of the Pension Fund of Ukraine in Vinnytsia oblast to include the period of work of more than ten years in the man’s preferential service record, as well as to grant and pay him an old-age pension on preferential terms according to List No. 1.

* In this case, we are talking about List No. 1 of industries, jobs, professions, positions and indicators for underground work, work with particularly harmful and harsh working conditions, and employment, which gives the right to an old-age pension on preferential terms.

**Link to the court decision: https://reyestr.court.gov.ua/Review/114357573

The material was created with the support of the international charity platform GlobalGiving and the Charles Stewart Mott Foundation. The publication’s content is solely the responsibility of the Legal Development Network.

P. S. More relevant information on legal and humanitarian issues – is in the special section #StandWithUkraine. It accumulates materials that may be useful to those who suffer, whose rights are violated as a result of the war between russia and Ukraine.

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