If the work book is lost or there are no records of work activity in it, there are other ways to confirm that a person actually worked. Lawyers from the free legal aid system tell us how to do this.
If there is written evidence of employment
The following documents can help confirm experience:
- company certificates;
- extracts from orders;
- personal accounts and information on salary issuance;
- certificates and characteristics from the place of work;
- employment contracts and agreements with notes on their execution;
- other documents containing information about work periods.
You need to apply for them at your place of work, service, study, or archival institutions.
Trade union membership cards can also be accepted as proof of seniority. These cards confirm periods of work for which there are marks of payment of membership fees.
There is no written evidence, but there are witnesses.
In this case, the length of service is established based on the testimony of two or more witnesses who knew the applicant and worked with him at the same enterprise, institution, or organization.
Certificates are accepted if it is impossible to obtain documentary confirmation of experience due to:
- military actions, accidents, disasters;
- natural disasters and other emergencies;
- liquidation of an enterprise, institution, organization;
- lack of archival data for other reasons.
To confirm the length of service based on witness testimony, you need to contact the Pension Fund (CMU Resolution "On Approval of the Procedure for Confirming Existing Length of Service for Assigning Pensions in the Absence of a Work Book or Relevant Entries in It").
In the case of confirmation of work experience based on witness testimony, the witnesses must provide the following documents to the authorized person of the pension fund:
- passport;
- taxpayer registration card registration number;
- work book.
Confirmation of work experience in territories not controlled by the Government of Ukraine
In this case*, the length of service is confirmed by witness testimony.
If you need data from July 1, 2000, you can contact the territorial body of the Pension Fund of Ukraine to obtain an extract from the Register of Insured Persons through the Pension Fund's electronic services web portal or use the Unified State Electronic Services Web Portal of the Action Portal.
*If enterprises, institutions, organizations or their successors are located (were located) in territories not controlled by the Government of Ukraine, in the area of an anti-terrorist operation or measures to ensure national security and defense, as well as in the territories of territorial communities located in the area of military (combat) operations or which are/were outside the control of the Government of Ukraine, surrounded (blocked), and in the event that the property (documents) of enterprises, institutions, organizations or their successors (regardless of their place of registration in Ukraine) is located in Ukraine and/or damaged or destroyed as a result of military (combat) operations, terrorist acts, sabotage (subject to documentary confirmation of damage or destruction of property (documents).
If a person ran a personal farm and paid insurance premiums
Periods of work are counted on the basis of payment orders, receipts from banking institutions, documents confirming postal money orders, other documents on the payment of insurance premiums, or information from the Pension Fund of Ukraine on the payment of insurance premiums.
If a person is an individual entrepreneur and has paid insurance premiums
Periods of entrepreneurial activity by an individual are counted towards the length of service provided that they are confirmed by documents confirming the payment of insurance premiums (payment orders, receipts from banking institutions, documents confirming the postal order, information from the Pension Fund of Ukraine on the payment of insurance premiums (if available).
In the case of applying the simplified taxation system, a fixed tax, a special trade patent are confirmed by a certificate of payment of a single tax; a special trade patent; documents on payment of a single tax, a fixed tax, acquisition of a special trade patent (if there are payment orders, receipts from banking institutions, documents confirming a postal order).
As well as data available in the register of insured persons of the State Register of Compulsory State Social Insurance.
Crediting the length of service of convicts
The period of work of convicts is counted towards the length of service provided that it is confirmed by payment orders, receipts from banking institutions, documents on postal transfers, other documents on the payment of insurance contributions or information from the Pension Fund of Ukraine on the payment of insurance contributions (if available), the institution of execution of sentences with information indicating that the person was subject to mandatory state social insurance, or on the payment of insurance contributions to the Pension Fund of Ukraine.
When to go to court
If the Pension Fund has refused in writing to credit the insurance period.
Confirmation of work experience for the purpose of assigning a pension may be based on a court decision declaring the decision of the Pension Fund unlawful and canceling it, and an obligation to take certain actions.
Where to get free help with going to court
Everyone can get help and get free legal advice from the free legal aid system. Lawyers will tell you how to act in your situation and help you prepare documents, in addition to court documents. These can be applications and requests to employers, archives, etc.
Some categories of people are also entitled to free assistance with applying to court. These are IDPs, people with low incomes (able-bodied people – with income up to 6056 UAH/month; pensioners (by age, years of service) – 4722 UAH/month; with disabilities – if pension or social assistance up to 6056 UAH), war veterans, family members of fallen Defenders of Ukraine (other categories are listed in Article 14 of the Law of Ukraine "On Free Legal Aid"«). Lawyers will study your circumstances in detail, if necessary, prepare and submit a statement to the court, and represent your interests in court.
How to contact the BPD system
https://legalaid.gov.ua/kliyentam/yak-otrymaty-bpd
How the BPD system helps
Russians stole archives — man was proving insurance experience in court
Anatoliy is an immigrant from the Kherson region. He was denied a pension because 2 years of experience were not credited due to corrections in the labor service. Since the documents of the regional archive were stolen by the Russians during the occupation and taken to the Russian Federation, he could not receive confirmation of work from 1987 to 1988. The lawyer of the BPD system prepared and filed a statement of claim with the court to establish a fact of legal significance. He also brought in witnesses who confirmed during the court hearing that during the specified period Anatoliy worked as an instructor at the enterprise. The court granted the statement of claim and established a legal fact: that Anatoliy was officially employed in the period 1987-1988.
She tried to increase her pension for 20 years: a lawyer from the BPD system helped
Liliya Oleksandrivna retired 20 years ago. All this time she has been receiving a small pension, because the Pension Fund refuses to count almost 9 years of insurance experience. Lawyers of the BPD system filed a lawsuit with the court to declare the actions of the Pension Fund officials unlawful. The court agreed with the arguments and satisfied the claims: it declared the actions of the Pension Fund unlawful, canceled its decision, ordered to include the disputed periods in the insurance experience and recalculate the pension. Now Ms. Lydia's pension has already been transferred.
How to avoid the possible consequences of losing your work record or other employment documents
Electronic work books have been in operation in Ukraine since June 10, 2021. This is a digital analogue of paper documents.
You can digitize any documents that confirm your insurance experience - employment record book, documents about education, birth certificate (for women), military ID, etc.
Scanned copies of documents can be submitted through the personal account on the Pension Fund's web portal. This can be done by the employer or the employee.
The process of digitizing work books will last five years, until 2026.