Preferential Pension for Casting Machine Operators in Ozokerite Production
Production of Mineral Wax (Lignite Wax) and Ozokerite
Taking into account the particular characteristics of certain occupations and the difficult and harmful working conditions involved, Ukrainian legislation provides special rules for granting old-age pensions to employees engaged in such work. In particular, employees whose work qualifies under List No. 1 may be entitled to an old-age pension on preferential terms from the age of 50 rather than the general statutory retirement age. Men generally need at least 25 years of insurance record, including at least 10 years of qualifying List No. 1 employment. Women generally need at least 20 years of insurance record, including at least 7 years and 6 months of qualifying List No. 1 employment.
Operating casting machines in the production of ozokerite involves difficult and potentially harmful working conditions. According to the Ukrainian Classification of Occupations DK 003:2010 (Annex A), the relevant occupation includes a casting machine operator engaged in the processing of ozokerite ores. This type of work is covered by List No. 1, approved by Resolution No. 461 of the Cabinet of Ministers of Ukraine dated 24 June 2016.
An analysis of Ukrainian court practice concerning this occupation shows that a significant category of disputes relates to confirmation of employment as a casting machine operator for the purpose of obtaining an old-age pension on preferential terms.
The employment record book is one of the primary documents used to confirm a person’s employment history. However, in some cases, it may not contain sufficient information to establish that the relevant employment qualifies for a preferential pension. In such circumstances, clarifying certificates may need to be obtained from the employer or its legal successor.
In practice, however, the Pension Fund of Ukraine may refuse to grant an old-age pension on preferential terms because the applicant has not provided a clarifying certificate even where the employment record book contains properly completed entries concerning the relevant employment. Where possible, obtaining additional supporting documents may help resolve the issue without litigation. However, difficulties arise where the employer’s records have not been preserved or are located in territory temporarily outside the control of the Ukrainian authorities. In such circumstances, the Pension Fund’s refusal may need to be challenged before an administrative court, seeking recognition of the relevant periods of employment as qualifying preferential service.
In summary, due to the difficult and harmful working conditions associated with operating casting machines in the ozokerite industry, Ukrainian legislation provides preferential old-age pension rights for employees whose work meets the applicable List No. 1 requirements. Nevertheless, difficulties may arise when confirming qualifying periods of employment. If the Pension Fund refuses to recognise such periods without sufficient legal grounds, its decision may be challenged before an administrative court.
