Preferential Pension for Electric Locomotive Drivers under List No. 1 in Ukraine
Modern society requires the satisfaction of numerous needs. In particular, since the mid-19th century, with the development of metallurgy, mining and industrialization, society has required increasing amounts of metals and various ores that subsequently undergo processing. However, few people consider how difficult, demanding and hazardous to health the work associated with the extraction and processing of metals and other mineral resources actually is.
The work of people employed in the mining industry involves significant risks and is characterized by a number of specific hazards. Since rockslides and collapses remain relatively common, breaking, pumping and transporting ore through mine drifts and adits, as well as performing support work, may pose serious risks to workers’ health. The main occupational hazards associated with such working conditions include adverse environmental conditions, dust and toxic gases, noise and vibration, and insufficient lighting.
Of course, in the future, much of this difficult and hazardous work may be performed by machines and robots. However, today tens of thousands of people in Ukraine continue to risk their lives and health while performing work essential to society and the state.
For its part, the state seeks to compensate workers for such difficult working conditions, in particular by granting them the right to early retirement on preferential terms.
Ukrainian legislation establishes special lists containing occupations and positions that entitle employees to retire at a reduced pension age.
The Ukrainian pension system provides for List No. 1 and List No. 2.
Electric locomotive drivers employed in tunnels in metallurgical workshops are also included in List No. 1. The duties associated with this occupation include operating an electric locomotive to transport hot-metal ladles containing molten iron from the mixer department to converters with a capacity of up to 250 tonnes and to open-hearth furnaces, as well as participating in the repair and maintenance of the electric locomotive.
In order to qualify for retirement under List No. 1, certain conditions must be met:
- the person must have reached the age of 50;
- men must have at least 25 years of insurance record, including at least 10 years of employment in the qualifying occupation, while women must have at least 20 years of insurance record, including at least 7 years and 6 months of employment in the qualifying occupation.
However, although these guarantees are established by law, in practice people may have to defend their constitutional right to a pension before an administrative court.
One of the most common problems faced by prospective pensioners is the absence of workplace certification. This may result in the hazardous nature of the working conditions being considered unconfirmed and, consequently, in the Pension Fund of Ukraine refusing to recognize the person’s right to early retirement on preferential terms.
Fortunately, established case law provides important protection for employees in such situations. According to the legal position adopted by the Supreme Court, responsibility for failure to conduct workplace certification, or for conducting it late, rests with the owner of the enterprise rather than the employee. Therefore, such failure cannot constitute grounds for refusing to grant an old-age pension on preferential terms (Supreme Court decision of February 19, 2020, in case No. 520/15025/16-a).
