Preferential Pension for Railway Tyre Fitters (Bandage Workers) in Ukraine
In Ukraine’s railway transport sector, there are many occupations associated with difficult and hazardous working conditions. One such occupation is that of a tyre fitter (bandage worker) – a specialist responsible for the repair, replacement and maintenance of wheel tyres on railway rolling stock (locomotives and railway cars). The work involves constant exposure to noise, vibration, dust, lubricants, as well as significant physical strain. For this reason, many workers in this occupation seek entitlement to a preferential pension under List No. 1 of industries, jobs, occupations and positions approved by Resolution of the Cabinet of Ministers of Ukraine No. 461 dated 24 June 2016.
List No. 1 includes occupations involving particularly harmful working conditions. Employees who have accumulated the required preferential service record in this category may retire considerably earlier: men – at the age of 55 (provided they have at least 10 years of service under List No. 1); women – at the age of 50 (provided they have at least 7 years and 6 months of such service).
Is the occupation of a tyre fitter (bandage worker) included in List No. 1?
The occupation of a “tyre fitter (bandage worker)” is not expressly mentioned in List No. 1. The closest related positions include:
- Section XXXII “Railway Transport and Metro” includes such occupations as rolling stock repair mechanics; workers engaged in the repair and maintenance of wheelsets; lathe operators, milling machine operators and welders working in railway depots.
However, the specific term “tyre fitter (bandage worker)” is absent from the List. For this reason, the Pension Fund of Ukraine often refuses to grant preferential pensions on the grounds that the occupation is not expressly included in the relevant list.
At the same time, List No. 1 includes other railway occupations closely connected with railway track maintenance and repair:
- track master;
- railway track maintenance master;
- foremen and track workers directly engaged in track repair and track maintenance on operating railway lines (where the work is performed within areas of active train traffic).
These occupations are included in the relevant provisions of the “Railway Transport” section.
In a similar case, a man filed a claim with the Poltava District Administrative Court against the Main Department of the Pension Fund of Ukraine in Vinnytsia Region. The claimant requested that the court declare unlawful and annul Decision No. 163750022614 dated 19 May 2023, issued by the Main Department of the Pension Fund of Ukraine in Vinnytsia Region, which refused to grant PERSON_1 an old-age pension on preferential terms based on service under List No. 1, and to order the relevant periods of employment to be included in the preferential service record. The claimant argued that the position of “track master” was equivalent to the position of “railway track maintenance master” in terms of the duties performed, including maintenance and repair of railway tracks on high-traffic sections. This was confirmed by Clarifying Certificate No. ПЧ18-04/9 dated 21 March 2023. The claimant maintained that a formal difference in job titles should not deprive a person of the right to social protection (Article 46 of the Constitution of Ukraine; Clarification of the Ministry of Social Protection No. 25 dated 18 November 1992). Taking the disputed period into account, the claimant’s special service record exceeded 12 years and 6 months.
The court applied a comprehensive approach based on the Code of Administrative Procedure of Ukraine (Articles 2, 9 and 245), the Law of Ukraine “On Pension Provision” (Articles 13, 52 and 55), and relevant case law. The claim was partially granted: the refusal was annulled and the Pension Fund was ordered to reconsider the application. The remainder of the claims was dismissed. Court costs in the amount of UAH 1,073.60 were recovered from the defendant (Article 141 of the Code of Administrative Procedure of Ukraine).
The judgment entered into force and demonstrated the possibility of effectively protecting railway workers’ rights to preferential pensions through court proceedings in similar circumstances.
How can a tyre fitter (bandage worker) prove entitlement to a preferential pension?
If you currently work or previously worked as a tyre fitter (bandage worker) and intend to apply for a preferential pension, you should prepare the following documents:
- An employment record book containing clear entries regarding the position of “tyre fitter (bandage worker)” or “wheelset tyre repair worker”.
- A certificate issued by the employer specifying:
- the exact period of employment;
- the types of work performed (including, in particular, tyre repair, lathe work and mechanical fitting work);
- a reference confirming that the work corresponds to positions included in List No. 1 (for example, “rolling stock repair mechanic”).
- Workplace certification documents (if available) confirming hazardous working conditions of class 3.3–3.4.
Although the occupation of a “tyre fitter (bandage worker)” is not expressly specified in List No. 1, recent court practice demonstrates that, where properly prepared documents are available and the actual nature of the work is confirmed, employees in this occupation may have a realistic opportunity to obtain an old-age pension on preferential terms under List No. 1.
Remember: an unlawful refusal by the Pension Fund to include periods of employment in the preferential service record may be effectively challenged in court.
The Pension Center provides qualified legal assistance in cases concerning the granting and recalculation of pensions on preferential terms. Our lawyers will help you collect appropriate evidence of employment under List No. 1 or List No. 2, properly formulate your claims, substantiate your legal position taking into account current court practice and the case law of the Supreme Court, and ensure the effective enforcement of the court judgment by the Pension Fund.
Protect your right to a decent pension – every year of hard work deserves to be properly recognized and compensated by the state.
