Retirement of sailors: issues and legal advice

In today's Ukrainian reality, the process of securing pensions for maritime workers has transformed into a complex legal quest, where the key to success is not so much actual seafaring experience as the ability to document each stage of one's professional journey. The issue of ending a seafarer's career goes far beyond simply counting the years spent on voyages. It involves a complex issue of proving work activity, which often runs into bureaucratic obstacles and the peculiarities of international maritime law.

If you need professional legal support along this path, the specialists at "Prikhodko&Partners" Law Firm know how to help. Our team includes lawyers with extensive experience, and labor law is a key focus of our practice.

What should you know about legal regulation?

According to current legislation, specifically paragraph "d" of Article 55 of the Law "On pension provision," retirement age for seafarers based on length of service is strictly regulated. For men, the age limit is 55 years, with a total of 25 years of service, of which at least 12 years and 6 months must be confirmed as specialized service on ships in any position from deckhand to captain. For women, the age limit is lower: 50 years, with a total of 20 years of service, at least 10 of which must be crew work.

A separate category is made up of employees of specific types of vessels and positions in the maritime, river, and fishing fleets. They are eligible for retirement regardless of age, provided they have the following relevant service record: 25 years for men and 20 years for women. An important legal precedent is worth noting: although in 2015 the state attempted to tighten the requirements and increase the required length of service, the Constitutional Court of Ukraine's decision of June 4, 2019, № 2-r/2019, effectively restored justice by reinstating the previous, more lenient version of the law.

What problems do applicants face in practical terms?

In practice, sailors face two critical obstacles. The first concerns the verification of special service. The Pension Fund often refuses to credit periods due to:

• inaccuracies in workbooks;
• discrepancies in job titles;
• inability to obtain certificates from defunct companies.

The second, even more pressing issue concerns work under foreign flags. Since most Ukrainian seafarers are employed by foreign shipowners, this raises the issue of non-payment of social contributions to the Ukrainian budget and the difficulty of legalizing periods of employment through foreign contracts and seafarer's books, which government agencies do not always recognize as sufficient proof without additional verification.

What to do when faced with problems?

In a situation where the Pension Fund issues an official refusal, it's important not to give up but to proceed to a professional analysis of the documentation. The legal strategy for such cases typically follows two paths.

The first approach involves actively gathering additional evidence: inquiries to foreign crewing agencies, obtaining extracts from vessel registers, preparing testimony, and verifying entries in the seafarer's passport.

The second option involves challenging the Pension Fund's decision in court. Ukrainian courts often side with seafarers, recognizing their right to a pension even in the presence of certain formal gaps in their documents, as long as the fact of sea service can be confirmed by a combination of other circumstantial evidence.

The key advice in this context is to prepare in advance. Seafarers should keep originals and copies of all contracts, voyage certificates, and ship's list extracts throughout their careers. Every single number in the documents matters, as accurate documentation can determine whether retirement will be a relaxing vacation or a years-long legal battle for your legal rights.

Legal assistance in pension matters

When you turn to the lawyers at "Prikhodko&Partners" Law Firm for such matters, we can be of assistance with the following services:

• Advisory support. During the consultation, you can receive a thorough analysis of your situation to determine the best course of action.
• Legal support. This includes our assistance in communicating with Pension Fund representatives during the pension application process.
• Representation in court. If you encounter artificial obstacles during the pension application process, protecting your rights through legal action will be the most effective way to influence the situation.

To schedule an initial consultation with a specialist, please fill out the feedback form on our website.