How to confirm the insurance (employment) experience in the employment record?

Confirmation of the insurance (work) experience is extremely important for the employee, so that later there are no problems with calculating the pension. Both the very fact of pension accrual and its amount, when it comes to years of service, depend on such length of service. In Ukraine, insurance (work) experience can be confirmed with the help of a work book. Entries are made to it by a responsible employee of the enterprise. It would seem that such a mechanism is quite simple and understandable in practice. But in reality, problems often arise that create certain complications. Let's consider them in more detail, and also further touch on the topic of how the services of the Prikhodko&Partners law firm can be useful.

The pension fund and the pensioner: the complexity of the interaction

Many pensioners who have already dealt with a difficult interaction with the PFU know from practice that it is far from always on the side of the person. Therefore, there are many situations when representatives of the Pension Fund either do not count insurance (work) experience, or refuse to grant a pension altogether. Formal reasons for this can be situations when:

• missing seal upon release;
• unclear seal of the enterprise;
• the EDRPOU code on the seal is missing;
• there are corrections in the dates;
• in the case of dismissal, there is no reference to the norm of the Labor Code.

When a person is faced with such situations, the employees of the Pension Fund offer to provide additional documents to confirm a certain period of work. From this moment, the running around institutions and attempts to record the objective circumstances of one's work past begin.

As evidenced by judicial practice?

Unfortunately, the activities of the PFU are often completely disconnected from the current legal norms, including those confirmed in specific cases considered by the Supreme Court of Ukraine.

All current legislation on this topic consistently shows that the burden of proving the truthfulness or clarity of the data specified in his employment book cannot be transferred to the person. This is evidenced by numerous decisions of courts of other instances, which can be verified by seeing them in public access. So, for example, the Seventh Appeal Administrative Court of the city of Vinnytsia in case № 560/1110/20 overturned the decision of the Main Office of the PFU and satisfied the demands of the plaintiff, who quite reasonably stated that he cannot be responsible for filling out the work book, since the obligation to fill it out lies with a specific employee of the enterprise who is responsible for it. That is why deficiencies in filling out such a book are not grounds for not counting the seniority for the disputed period.

How our law firm can help?

The team of specialists of the "Prikhodko&Partners" law office includes experts who specialize in such cases in the field of pension law. We not only understand well that such cases are profitable, but also know how to make them so in practice. Based on many years of experience and excellent knowledge of current legislation, we successfully defend the interests of our clients in court.

Therefore, if you are faced with a similar problem, you should not give up or think that the work experience, which the PFU considers controversial, will not be counted. We know how to defend the rights of our clients in such cases and regularly do it successfully.