Confirmation of work experience for granting a pension

Until January 1, 2004, the concept of “work experience” existed at the level of national legislation in the field of labor law. This experience was counted on the basis of a work record book, as well as additional documents confirming work experience. Since January 1, 2004, a person’s work experience began to be counted based on personalized records, taking into account the payment of insurance premiums. Accordingly, the concept of “insurance experience” appeared in the legal field. The basis for its appearance was the entry into force of the Law of Ukraine “On Compulsory State Pension Insurance”.

If you are interested in consultation, legal support or representation of interests in court in cases where it is necessary to confirm work experience, you can order such a service from the lawyers of the law firm “Prikhodko & Partners”. We work for results and know how to help our clients effectively.

What should you know about work experience verification?

In accordance with Article 62 of the Law “On Pension Provision”, the key document confirming work experience is the work record book. Regarding the format of confirmation of work experience, this occurs both in pre-trial and judicial proceedings.

Confirmation by court order may become relevant in the following cases:

• when the work record book lacks the necessary entries;
• when the entries on periods of work are incorrect or inaccurate.

When one of the above problems (or even both) exists, the following data is used to confirm the length of service:

• information contained in the register of insured persons of the State Register of Compulsory State Social Insurance;
• extracts or certificates compiled on the basis of data available in information or information and communication systems that belong to enterprises, organizations and institutions;
• certificates and extracts from orders;
• personal accounts for the payment of wages;
• employment contracts;
• agreements with marks on execution;
• certificate;
• characteristics;
• other documents containing data regarding the required periods of work.

It is worth noting that in the case where an enterprise, institution or organization has long been liquidated, this does not mean that all information about the liquidated legal entity and the specialists who worked on its staff has disappeared. The necessary information can be obtained from archival institutions. For example, lawyers of the “Prikhodko & Partners” law firm in such situations send requests to archives and receive the necessary archival certificates.

Another way to confirm your work experience is through witness testimony. As you can see, there are quite a few sources from which you can gather evidence for the court to confirm that you have the required work experience.

Statement of claim for confirmation of work experience

Pensioners who do not yet have experience interacting with the Pension Fund to confirm their work experience may ask why the judicial method is the most effective. The fact is that in all controversial cases, the pensioner receives an official refusal from authorized PFU officials to their application for a pension or its proper recalculation. Therefore, all that remains is to collect the evidence base mentioned above and prepare a claim to the court. When everything is done properly, and the case is accompanied by a reliable lawyer in pension law, such cases become winning.

The appeal process is carried out through the administrative court. It should be noted that judicial practice in such cases eloquently demonstrates: if there is proper evidence to confirm the length of service, the client receives a decision in his favor.

The claims that the pensioner specifies in his application to the court are:

1. cancellation of the decision of the Pension Fund of Ukraine, according to which the assignment of a pension was denied;
2. recognition of the actions of the Pension Fund body in not including work experience in the work/insurance record as illegal;
3. inclusion of the said work experience.

It is important to understand the fact that the court will consider only those documents that were submitted to the Pension Fund to confirm the validity of the requirement to assign or recalculate a pension. It will not consider other documents, since they were not submitted to the Pension Fund, so representatives of this body did not have the opportunity to examine them.

When filing an application, the principle of territorial jurisdiction applies. The court fee is 0.4% of the indicator established as of January 1 of the current year. The Law “On Court Fees” also mentions categories of citizens who are exempt from paying it.

How to order our services?

To order legal services from pension law specialists working in the “Prikhodko & Partners” Law Firm team, fill out the feedback form on our website. We will call you back to provide an initial consultation. It is during this consultation that our lawyers will carefully analyze all the circumstances of your case and formulate a further strategy of action.