The situation where a work record book is burned, lost, or remains in occupied territory is becoming a reality for many Ukrainians. The issue of confirming work experience for the period before 2004, when data was not yet entered into the electronic registry of individual accounting, is particularly acute. However, the absence of a paper document does not mean the automatic loss of pension rights. Lawyer Dina Drizhakova, head of the law firm Prima Leader Group, told RBC-Ukraine how to restore lost work experience in practice.

Alternative documents instead of a work record book

Since January 1, 2004, work experience has been calculated based on data from the individual accounting system. For earlier periods, the work record book remained the main document. If it is missing or contains errors, the law allows confirming periods of work with other documents. Lawyers recommend collecting the following package of documents:

  • References from institutions;
  • Extracts from orders on hiring and dismissal;
  • Personal accounts and information on accrued wages;
  • Written employment contracts;
  • Identification cards and passes;
  • Trade union tickets with marks about payment of contributions.

If the enterprise where you worked has been liquidated, the documents may have been transferred to city, district, or regional archives. Salary certificates in form 132 and archive extracts often become the decisive argument in favor of crediting work experience without involving witnesses.

Features of confirming work experience in occupied territories

For enterprises located in temporarily occupied territories, there are additional mechanisms for confirming preferential work experience. According to Dina Drizhakova, in such cases, one can rely not only on certificates about the special nature of work but also on data from the registry of insured persons.

If there are corrections or inaccuracies in the work record book for the period before 2004, and the enterprise is in the occupation zone, special commissions at the main departments of the Pension Fund are responsible for confirming work experience.

The problem of witnesses: why foreign testimonies do not work

The interrogation of witnesses is regulated by the Cabinet of Ministers' resolution of 1993. The territorial body of the Pension Fund is obliged to invite a witness within three working days after the applicant's appeal. The main requirement: the witness must have documents confirming their own work at this enterprise during the same period.

Difficulties arise when former colleagues are abroad. The administrative procedure of the Pension Fund does not provide for the acceptance of written or notarized testimonies from abroad. Even the presence of an apostille, consular legalization, and translation does not guarantee the acceptance of such documents. The Pension Fund bodies refer to the absence of a mechanism for written interrogation in procedure No. 637.

The interrogation is conducted only personally by fund employees. The witness must physically appear at a Pension Fund service center in Ukraine with a passport and their own work record book.

How to solve the problem: court or personal visit

Lawyers offer two ways to solve the problem of the absence of witnesses in Ukraine:

1. Appeal to the court. This is the most effective option for those whose witnesses are abroad. A witness can give testimony via video link using the 'Diia' system or a Ukrainian consular institution. It is also possible to submit a written statement with a notarized signature and apostille. The court evaluates such evidence in conjunction with other case materials.

2. Temporary return to Ukraine. If a witness can travel to the country, they have the right to apply to any working Pension Fund service center, even not at their place of residence. For example, the procedure can be completed in the Lviv or Zakarpattia region.

Court practice and citizens' rights

Searching for witnesses is a last resort. In practice, courts and the Pension Fund better accept indirect written evidence. The judicial practice of the Supreme Court and the CAS SC is stable: the absence of records in the registry or the loss of archives should not deprive a citizen of the right to pension provision if the person was deprived of actual work due to circumstances independent of them, such as occupation or hostilities.

Additional benefits for pensioners

In addition to restoring work experience, some Ukrainian pensioners may be entitled to an automatic supplement of up to 570 hryvnias. This money is accrued without applying to the fund, but only for those whose pension does not exceed the established limit. It is also worth noting that certain categories of women, in particular mothers of five or more children or mothers of children with disabilities from childhood with 15 years of work experience, can receive a pension as early as 50 years old.