Preferential Pension for Printing Plate Etchers in Ukraine

Sooner or later, everyone approaching retirement age begins to consider a number of important questions: Do I have enough pensionable insurance service? What documents are required to apply for a pension? Is my occupation included in one of the special lists of professions that provide the right to early retirement on preferential terms?

The profession of a printing plate etcher is one of the occupations that may be included in the relevant list of professions approved by the Cabinet of Ministers of Ukraine. Employment in a qualifying “listed” occupation may entitle a person to retire earlier, provided that the statutory requirements concerning age, total pensionable insurance service and preferential service are satisfied.

Thus, persons who worked as printing plate etchers may be entitled to an old-age pension on preferential terms, provided that their actual work and employment periods meet the requirements established by the applicable Ukrainian legislation.

A printing plate etcher should have knowledge of:

• etching processes for printing plates used in multicolor printing;
• the principles of reproducing color originals;
• the fundamentals of color science, including color analysis and synthesis;
• the rules for mixing inks;
• types of paper used for illustration and multicolor printing;
• the design and adjustment of the main components of emulsion etching machines.

A printing plate etcher performs preparatory work for plate etching, prepares etching solutions according to prescribed formulas, removes inks and enamels from printing plates, cleans etching machines and baths, and performs test printing and other related operations.

Given the nature of these duties, the work may involve harmful and difficult working conditions. However, the fact that an occupation is included in a preferential list does not automatically guarantee that the Pension Fund of Ukraine will recognize all relevant employment periods as preferential pensionable service.

In practice, disputes may arise for several reasons. For example, the Pension Fund may refuse to recognize a particular period of employment because of corrections or inaccuracies in the employment record book. Another common issue is the absence of a clarifying certificate from the employer, even where the employment record itself contains sufficient information concerning the employee’s occupation and period of work. Problems may also arise because workplace certification was not conducted or was conducted late.

However, a refusal by the Pension Fund of Ukraine does not necessarily mean that the applicant has lost the right to a preferential pension. Such decisions may be challenged before an administrative court, and Ukrainian court practice contains important legal conclusions protecting employees against unreasonable pension refusals.

In particular, the Supreme Court has addressed situations in which the Pension Fund required additional clarifying certificates despite the availability of properly completed employment records. Depending on the circumstances of the case, the employment record book may constitute sufficient evidence of the relevant period of employment, while additional certificates are required primarily where the available records do not contain all the information necessary to establish entitlement to a preferential pension.

Another important example is the Supreme Court judgment of 24 May 2018 in case No. 490/12392/16-а. The Court's approach reflects the principle that an employee should not suffer adverse pension consequences because of errors in documents that the employee was not responsible for preparing or maintaining.

The Supreme Court has also developed an important approach regarding workplace certification. An employee cannot automatically be deprived of the right to a preferential pension merely because the employer failed to conduct workplace certification properly or within the prescribed period. Responsibility for organizing such certification rests primarily with the employer, not the employee.

Therefore, if the Pension Fund of Ukraine refuses to grant a preferential pension to a printing plate etcher, it is important to analyze the specific grounds for refusal, the employment record book, clarifying and archival certificates, workplace certification documents and other available evidence. Where the refusal is unlawful, the Pension Fund's decision may be challenged in court.