The number of internally displaced persons in our country is constantly changing, but, unfortunately, remains quite high. Someone returns to the liberated territories, someone, on the contrary, goes to safe places. The same applies to our citizens who are abroad in connection with military operations. But they all have one thing in common – sometimes people are forced to leave their homes in almost what they were wearing, and they don’t always have the opportunity to take all the necessary documents with them. Situations when documents confirming important facts about work experience or life circumstances are lost, unfortunately, are not uncommon. This creates serious difficulties in confirming one’s rights. But is all really lost?
Lawyers of the “Repeshko and Partners” Bar Association explain how to act in similar situations, what steps to take to collect missing evidence, and what legal mechanisms are used to protect your rights.
Among the many regulatory acts, there is a very important document – “The procedure for confirming the existing work experience for the appointment of a pension in the absence of a work book or relevant entries in it”, approved by a resolution of the Cabinet of Ministers of Ukraine back in 1993, but in September 2022, a number of amendments were made to this procedure changes, which was due to the current situation in the state in the conditions of military operations, because the situation with the loss of the work book or the lack of the possibility of making relevant entries in it about work experience have gained considerable scale.
As you know, the main document confirming work experience for the period before the introduction of personalized accounting in the system of mandatory state social insurance (hereinafter – personalized accounting) is the employment book. In the absence of a work book or relevant records in it, the length of service is established on the basis of other documents issued by the place of work, service, training, as well as archival institutions.
It should be noted that digital progress extends to all areas of our life, so currently documents can be submitted electronically with an electronic signature. In the event that documents on work experience have not been preserved, confirmation of work experience is carried out by the bodies of the Pension Fund of Ukraine on the basis of witness statements. More on that below.
If a citizen does not have an employment record, as well as in cases where the employment record lacks the necessary entries or contains incorrect or inaccurate records about periods of work, the following are accepted to confirm work experience:
- data available in the register of insured persons of the State Register of mandatory state social insurance,
- extracts or certificates compiled on the basis of data available in information (automated) and/or information and communication systems of enterprises, institutions, organizations,
- references,
- extracts from orders,
- personal accounts and payroll information,
- certification,
- characteristics,
- written employment contracts and agreements with notes on their implementation
- other documents that contain information about periods of work.
In the absence of the documents specified in this list, trade union membership cards are accepted to confirm work experience. At the same time, work periods are confirmed only for the time for which there are notes on the payment of membership fees.
The periods of work of persons who are engaged in the management of a personal peasant economy are included in the length of service if:
- payment orders,
- bank receipts,
- documents confirming the postal transfer,
- other documents on the payment of insurance contributions or information from the Pension Fund of Ukraine on the payment of insurance contributions (if available).
It is important to know that periods of entrepreneurial activity carried out by an individual are included in the length of service provided that:
- documents on the payment of insurance premiums (payment orders, bank receipts, documents confirming a postal transfer,
- information of the Pension Fund of Ukraine about the payment of insurance premiums (if available).
The periods of conducting business activities with the application of a simplified taxation system, a fixed tax, a special trade patent are confirmed:
- a certificate of payment of a single tax;
- a special trade patent;
- documents on the payment of a single tax, a fixed tax, the purchase of a special trade patent (in the presence of payment orders, bank receipts, documents confirming a postal transfer).
The periods of entrepreneurial activity carried out by an individual can be confirmed by the data available in the register of insured persons of the State Register of mandatory state social insurance.
As you know, the period of study is included in the length of service in some cases. The period of full-time education in institutions of higher education (except for the period of full-time education at preparatory departments in institutions of higher education), professional educational institutions, educational institutions of advanced training and retraining personnel, in post-graduate studies, doctoral studies and clinical residency is confirmed by diplomas, certificates, certificates, as well as certificates and other documents issued on the basis of archival data and containing information about periods of study.
In the absence of such information in the documents to confirm the period of study under the full-time form of education, certificates about the duration of study at the educational institution in the relevant years are accepted, provided that the documents contain data on the end of the full study period or its individual stages.
How work experience is confirmed
As for the confirmation of work experience by testimony of witnesses, the following should be noted here. According to paragraph 17 of the Procedure, in the absence of documents about the existing work experience and the impossibility of obtaining them in connection with a natural disaster, accidents, catastrophes or other emergency situations, the work experience that gives the right to a pension is established on the basis of the testimony of at least two witnesses who would knew the applicant through joint work with him at the same enterprise, institution, organization (including a collective farm) or in the same system.
In the event that the work book contains entries with corrections or unreliable or inaccurate entries about the periods of work at enterprises, institutions, organizations or their legal successors located in the temporarily occupied territories in the Donetsk and Luhansk regions, the Autonomous Republic of Crimea and Sevastopol, work experience that gives the right to a pension is counted in accordance with the procedure determined by the Pension Fund of Ukraine with the approval of the Ministry of Social Policy.
In the absence of documents on the existing work experience and the impossibility of obtaining them due to the liquidation of the enterprise, institution, organization or the absence of archival data for reasons other than those specified in point 17 of this Procedure, the length of service is established on the basis of the testimony of at least two witnesses who knew the applicant by working together with him at the same enterprise, institution, organization (including a collective farm) or in the same system and had documents about his work during that time, in respect of which they confirm the applicant’s work.
In the same manner, work experience is confirmed in the absence of documents in the event that enterprises, institutions, organizations or their legal successors are located (were located) in the territory of Ukraine temporarily occupied by the Russian Federation, in the area of anti-terrorist operations or implementation of measures to ensure national security and defense, repulse and deterring armed aggression of the Russian Federation, as well as in the territories of territorial communities located in the area of military (combat) operations or which are/were under temporary occupation, encirclement (blockade), as well as in the case when the property (documents) of enterprises, institutions, organizations or their legal successors (regardless of their place of registration in the territory of Ukraine) is located in the territory of Ukraine and/or is damaged or destroyed as a result of military (combat) actions, acts of terrorism, sabotage caused by the military aggression of the Russian Federation against Ukraine, provided there is documentary evidence of damage or destruction of property (documents).
In cases where the periods of work are included in the length of service based on the testimony of witnesses, one of which testifies to the applicant’s work for a longer period than the others, the period confirmed by two or more witnesses is considered established.
In cases where there is no information in the employment record that determines the right to a pension on preferential terms or for years of service established for certain categories of employees, to confirm the special length of service, clarifying certificates from enterprises, institutions, organizations or their successors in the appropriate form are accepted. The certificate must indicate the periods of work that count towards special seniority; profession or position; the nature of the work performed; section, subsection, item, names of lists or their numbers, to which this period of work is included; primary documents for the time of performance of work, on the basis of which the specified certificate was issued, including extracts or certificates compiled on the basis of data available in information (automated) and/or information and communication systems of enterprises, institutions, organizations.
The work experience of citizens of Ukraine outside its borders is confirmed by documents legalized in accordance with the legislation (except for work in the territory of the former USSR and states with which the former USSR concluded agreements on social security, before the conclusion of relevant bilateral agreements).
If the first name, patronymic and surname indicated in the document confirming work experience do not match the first name, patronymic or surname of the person on the passport of a citizen of Ukraine or on the birth certificate, the fact that this document belongs to this person can be established in court.
In cases where only years are indicated in the submitted seniority document without specifying exact dates, July 1 of the corresponding year is taken as the date, and if the date of the month is not specified, then the 15th of the corresponding month is considered to be the date.
How to establish other circumstances if there are no documents
The time of care for a person with a disability of group I, a child with a disability under the age of 16, as well as a pensioner who, according to the opinion of a medical institution, needs constant external care or has reached the age of 80, is established on the basis of:
- information on the receipt of assistance, compensation for the care of such a person, received by the bodies of the Pension Fund of Ukraine from the bodies of social protection of the population, or the act of examination of the actual circumstances of the care;
- documents certifying disability status (for persons with disabilities of group I and children with disabilities) and age (for the elderly and children with disabilities).
The act of examination of the actual circumstances of care is drawn up by the bodies of the Pension Fund of Ukraine on the basis of information from housing and operating or other organizations at the place of residence (registration), village and settlement councils, surveys of persons for whom care is provided and their neighbors, and other data.
Documents confirming the stay on disability can be an extract from the examination report of the medical and social expert commission, medical reports, a pension certificate, a certificate of the recipient of assistance or a certificate from the social protection authorities or the Pension Fund of Ukraine, and other documents.
Documents confirming age can be a birth certificate, a passport of a citizen of Ukraine or another identity document.
The time a non-working mother cares for minor children is established on the basis of:
- birth certificate of a child or passport of a citizen of Ukraine (in case of death of a child – death certificate);
- documents stating that the mother did not work until the child was 3 years old.
Documents that confirm that the mother did not work before the child reached the age of 3 are:
- extract from the work book;
- information about the absence in the Unified State Register of Legal Entities and Individual Entrepreneurs of information on the state registration of an individual entrepreneur, received in the order of mutual information exchange;
- information from the personalized accounting system.
It is worth knowing that the time of detention, the time of serving a sentence in places of deprivation of liberty and the time spent in exile and in compulsory treatment are included in the length of service if there are documents on rehabilitation (certificates from the court, prosecutor’s office or pre-trial investigation on the closure of criminal proceedings or court certificates on the adoption of an acquittal).
We hope that this information will at least help you find your way, where to start in that situation, when you do not understand at all where to start in case of loss of documents.
