Preferential Pension for Hoist Operators under List No. 2 in Ukraine
The central element in confirming entitlement to such a pension is the preferential service record. For hoist operators, the decisive factor is whether their position is included in the Lists of industries, works, professions and positions approved by the Cabinet of Ministers of Ukraine. However, an entry in the employment record book alone is often considered insufficient by the territorial bodies of the Pension Fund of Ukraine (PFU). The main point of contention is usually workplace certification based on working conditions. Ukrainian legislation requires preferential service acquired after August 1992 to be confirmed by the results of such certification. In practice, however, many enterprises, particularly during periods of economic transformation or liquidation, conducted workplace certification late or failed to conduct it altogether.
In this context, court practice is particularly important, as it has developed a protective mechanism for employees. The Supreme Court has repeatedly emphasized that an employee cannot be deprived of the right to social protection merely because the owner of an enterprise failed to fulfil its obligation to conduct workplace certification. Responsibility for organizing and conducting such certification rests exclusively with the administration of the enterprise. Therefore, the absence of workplace certification cannot constitute grounds for refusing to include the relevant period in the preferential service record if the harmful nature of the work is confirmed by other evidence. Courts regard the employment record book as the primary document, and where it clearly indicates the nature of the work performed and such work corresponds to List No. 2, a refusal to grant a pension may be declared unlawful.
Another critical aspect is the confirmation of periods of employment in the Russian Federation or other former Soviet states. For many years, legal relations in this area were governed by the Agreement on Guarantees of the Rights of Citizens of the CIS Member States in the Field of Pension Provision. Despite the denunciation of certain international agreements and changes in the political situation, pension rights acquired while such agreements were in force must be protected. International treaties have priority over domestic legislation, and periods of employment acquired in other countries while the relevant agreements were in force should be taken into account when calculating both the insurance record and preferential service record. Court proceedings often become the only effective means of requiring the PFU to recognize such periods of employment, particularly where work was performed at complex industrial facilities outside Ukraine.
Particular attention in court proceedings is paid to clarifying certificates and primary documents. If an enterprise has been liquidated without a legal successor, periods of employment are confirmed by special commissions; however, their decisions are also frequently challenged in court. Courts carefully examine the job descriptions of hoist operators, orders assigning employees to specific machinery, and the nature of the technological processes in which the employee was involved. It is important to understand that an old-age pension on preferential terms is not merely a social benefit but compensation for work performed under conditions that adversely affect a person’s health. Therefore, restricting the right to such compensation because of bureaucratic obstacles is inconsistent with the constitutional principles of a social state.
In conclusion, in order to successfully exercise the right to preferential pension provision, a hoist operator should be prepared to defend their interests in court. Current court practice is one of the most effective instruments for overcoming formal refusals by the PFU and ensuring that the entire period of employment under difficult working conditions is properly taken into account. Judicial proceedings may not only result in the inclusion of disputed periods in the preferential service record but may also oblige the relevant state authorities to recalculate and pay the pension from the date of the person’s initial application, thereby ensuring the full restoration of the individual’s violated rights.
