Гаряча лінія
Гаряча лінія
A pensioner from Dnipro appealed to the Verkhovna Rada Commissioner for Human Rights with a complaint about the illegal refusal of the territorial body of the Pension Fund of Ukraine to credit the periods of his work in the 1990s at a foreign-invested enterprise. According to the applicant, as a result of such actions on the part of this body, he receives a reduced pension.
During the examination of the applicant's appeal, the Commissioner found that the refusal was motivated by the fact that the entry in the employment record book did not meet the requirements of the Instruction on the Procedure for Keeping Employment Records approved by a joint order of the Ministry of Labor of Ukraine, Ministry of Justice of Ukraine and Ministry of Social Protection of July 29. 1993 № 58.
In particular, the record is certified by an illegible seal, and it does not have the identification code of the Unified State Register of Enterprises and Organizations of Ukraine.
It should be noted that during the period of the applicant's work, the obligatory use of identification codes on the seals by business entities was not provided by law.
The Unified State Register of Enterprises and Organizations of Ukraine (USREOU) was established in 1996 (Resolution of the Cabinet of Ministers of Ukraine of January 22, 1996 № 118).
In this regard, the Commissioner for Human Rights of the Verkhovna Rada of Ukraine clarifies:
Article 24 of the Law of Ukraine "On Compulsory State Pension Insurance" (hereinafter - the Law) periods of employment and other periods taken into account in the length of service for pensions before the entry into force of the Law (01.01.2004), are included in the insurance period under the conditions provided by the legislation that was in force before, except in cases provided by law.
As the applicant's employment was carried out from 1990 to 1997, the provisions of the Law of Ukraine "On Pensions" apply in this case.
Thus, in accordance with Article 56 of the Law of Ukraine "On Pension Provision", the length of service entitling to an employment pension includes, in particular, work performed on the basis of an employment contract at enterprises, institutions, organizations and cooperatives, regardless of ownership. and management.
Clause 1 of the Procedure for Submission and Execution of Documents for Assignment (Recalculation) of Pensions in Accordance with the Law of Ukraine “On Compulsory State Pension Insurance”, approved by the Board of the Pension Fund of Ukraine dated 25.11.2005 № 22-1, registered in the Ministry of Justice of Ukraine № 1566/11846 (as amended) (hereinafter - the Procedure № 637) it is determined that the main document confirming the length of service of the person is the employment record book. At the same time, Procedure № 637 stipulates that in the absence of an employment record book or relevant entries in it, a person may be provided with additional documents on length of service.
Documents submitted to confirm the employment of a person must be signed by officials and certified by the seal (if any) (paragraph 23 of the Order № 637).
According to the resolution of the Cabinet of Ministers of Ukraine of 27.04.1993 № 301 "On employment records of employees" (as amended) the responsibility for the organization of accounting, storage and issuance of employment records rests with the head of the enterprise, institution, organization
In addition, according to Article 581 of the Commercial Code of Ukraine (as amended on July 19, 2017), the use of the seal by a business entity is not mandatory.
Therefore, the presence or absence of the business entity's imprint on the document does not create legal consequences.
Thus, the Supreme Court in case № 490/12392/16-a concluded that certain shortcomings in filling out the employment record book cannot be grounds for not taking into account the relevant period of work to calculate the length of service when assigning a pension to a person.
In view of the above, in considering the applicant's application, the Commissioner provided relevant recommendations to the Ministry of Social Policy of Ukraine and the Pension Fund of Ukraine on reviewing the applicant's decision on the length of his insurance period and recalculating his pension.
As a result of the measures taken by the Commissioner, taking into account the above arguments, the applicant's right was restored.
In particular, the Pension Fund of Ukraine took into account the applicant's 7 years of work in the 1990s on the basis of available entries in his employment record book, recalculated his pension from the time of its appointment (from 03.03.2021) and paid his dues.