If the employment record book is lost or there are no records of employment, there are other ways to confirm that a person has actually worked. The lawyers of the free legal aid system will tell you how to do this.
If you have written evidence of employment, the following documents can help you confirm your length of service:
– company certificates;
– extracts from orders;
– personal accounts and payroll statements;
– certificates and characteristics from the place of work;
– employment contracts and agreements with notes on their execution;
– other documents containing information about periods of work.
You should apply for them at your place of work, service or study to archival institutions.
Trade union membership cards may also be accepted as proof of length of service. These tickets confirm those periods of work for which there are stamps of payment of membership fees.
If there is no written evidence, but there are witnesses, the length of service is established on the basis of the testimony of two or more witnesses who knew the applicant and worked with him/her at the same enterprise, institution or organisation.
Testimonies are accepted if it is impossible to obtain documentary evidence of length of service due to:
– military operations, accidents, disasters;
– natural disasters and other emergencies;
– liquidation of an enterprise, institution, or organisation;
– lack of archival data for other reasons.
To confirm the length of service on the basis of witness testimony, you need to apply to the Pension Fund (Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for Confirming the Existing Length of Service for Granting Pensions in the Absence of an Employment Record Book or Relevant Records in it”).
In case of confirmation of employment history on the basis of witness testimony, witnesses must provide the following documents to the authorised person of the Pension Fund:
– passport;
– taxpayer registration number;
– employment record book.
Witness statements are also required to confirm the length of service in the non-government controlled areas of Ukraine.
If you need data from 01.07.2000, you can contact the territorial office of the Pension Fund of Ukraine to obtain an extract from the Register of Insured Persons through the Pension Fund’s electronic services web portal or use the Unified State Electronic Services Portal of Diia.
If enterprises, institutions, organisations or their successors are (were) located in the territories not controlled by the Government of Ukraine, in the area of the anti-terrorist operation or measures to ensure national security and defence, as well as in the territories of territorial communities located in the area of military (combat) operations or which are/were outside the control of the Government of Ukraine, surrounded (blocked), and if the property (documents) of enterprises, institutions, organisations or their successors (regardless of location) are not in the control of the Government of Ukraine.
If a person ran a personal farm and paid insurance premiums, the periods of work are credited on the basis of payment orders, bank receipts, documents confirming postal transfers, other documents on payment of insurance premiums or information from the Pension Fund of Ukraine on payment of insurance premiums.
If a person is a sole proprietor and has paid insurance contributions, the periods of entrepreneurial activity by the individual are included in the length of service, provided that they are confirmed by documents on payment of insurance contributions (payment orders, bank receipts, documents confirming postal transfers, information from the Pension Fund of Ukraine on payment of insurance contributions (if available).
In case of application of the simplified taxation system, fixed tax, special trade patent, they are confirmed by a certificate of payment of a single tax; special trade patent; documents on payment of a single tax, fixed tax, acquisition of a special trade patent (if payment orders, bank receipts, documents confirming postal transfer are available).
As well as data available in the register of insured persons of the State Register of Compulsory State Social Insurance.
Crediting the work experience of convicts – the period of work of convicts is credited to the work experience subject to confirmation by payment orders, bank receipts, documents on postal transfers, other documents on payment of insurance contributions or information from the Pension Fund of Ukraine on payment of insurance contributions (if available), penitentiary institutions indicating information that the person was subject to compulsory state social insurance or payment of insurance contributions to the Pension Fund of Ukraine.
When to go to court – if the Pension Fund has refused to credit the insurance period in writing.
Confirmation of the length of service for the purpose of granting a pension may be based on a court decision to declare unlawful and cancel the decision of the Pension Fund, and an obligation to take certain actions.
Where to get free legal aid for going to court?
Everyone can get free legal advice from the free legal aid system. Lawyers will tell you how to act in your situation and help you prepare documents, except for documents to the court. These may include applications and requests to employers, archives, etc.
Certain categories of people are also eligible for free legal aid. These are IDPs, people with low incomes (able-bodied persons with an income of up to UAH 6056 per month; pensioners (by age, length of service) – UAH 4722 per month; people with disabilities – if the pension or social assistance is up to UAH 6056), war veterans, family members of fallen defenders of Ukraine (other categories are listed in Article 14 of the Law of Ukraine “On Free Legal Aid”). Lawyers will examine your circumstances in detail, draft and submit an application to the court, and represent your interests in court, if necessary.