Preferential Pension for Electric Furnace Steelmaker Assistants under List No. 1
It is no secret that every occupation has its own title, nature of work, level of complexity, and intensity. With this in mind, it is reasonable that certain benefits should be available to people working under difficult or hazardous conditions. Indeed, current Ukrainian legislation establishes a list of occupations that entitle workers to retire earlier than others, i.e. before reaching the standard retirement age of 60.
The work of persons employed in steel and ferroalloy production, preparation of mixtures, and repair of metallurgical furnaces involves considerable risks and has a number of specific characteristics. During work, employees are exposed to high temperatures, noise, and light radiation, while electric smelting departments may contain high levels of dust and gases. Constant exposure to harmful occupational factors may result in steelworkers developing occupational diseases such as:
– silicosis caused by inhalation of SiO2 particles;
– siderosis caused by inhalation of FeO and Fe2O3 particles.
Moreover, there are various other hazards in metallurgical workshops, including:
– the presence of heated objects;
– movement of vehicles and cranes within the workshop;
– the risk of molten metal splashing;
– the operation of furnaces using high-power electric current.
For this reason, the state seeks to provide additional social protection and compensate workers for the harmful effects of difficult working conditions. Such workers may receive access to health and rehabilitation facilities and other social benefits. One of the most important benefits is the right to retire on preferential terms. Ukrainian legislation provides for List No. 1 and List No. 2, approved by the Cabinet of Ministers of Ukraine. The occupation of an electric furnace steelmaker assistant is included in List No. 1.
List No. 1 includes occupations involving the most difficult working conditions, namely underground work and work performed under particularly harmful and particularly difficult working conditions.
List No. 2 includes occupations involving less severe conditions than those covered by List No. 1 but which are still more difficult than ordinary work, namely work performed under harmful and difficult working conditions.
Ukrainian legislation establishes specific requirements for retirement on preferential terms, including:
1) reaching the age of 50 for workers covered by List No. 1 and the age of 55 for workers covered by List No. 2;
2) men must have at least 25 years of insurance record, including at least 10 years of employment in the relevant work, while women must have at least 20 years of insurance record, including at least 7 years and 6 months of employment in the relevant work.
In practice, however, a person may face a refusal to grant a pension under List No. 1. An analysis of relevant cases shows that one of the most common reasons for refusal is the absence of workplace certification. The Pension Fund may argue that without workplace certification there is insufficient evidence that the person actually worked under conditions harmful to life and health.
In such circumstances, it may be necessary to apply to the court to protect the person’s constitutional pension rights. A consistent body of case law has already developed on this issue. In particular, the Supreme Court addressed this matter in its judgment of February 19, 2020, in case No. 520/15025/16-а. In that case, the applicant was refused a pension under List No. 1 because workplace certification had not been carried out. However, the Court held that responsibility for the 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.
