Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
During the war in Ukraine, very many people faced the situation that their enterprise is liquidated, and sometimes not liquidated, but it is not, it is physically destroyed, and to whom to turn for a certificate of salary, if applying for a pension, it is unclear. Just about it and talk about it in this article.
How to draw a pension online Ukraine
For those who do not know, you can apply for a pension online, without leaving home, through the website of the PFU at the link: https://portal.pfu.gov.ua/.
To do this, you will need scanned copies of all your documents and documents about your length of service and salary, Internet access, a computer and an electronic digital signature. Which can also be issued online by every cardholder of PrivatBank, Monobank and any other banks.
And, by the way, bank cards PrivatBank, Monobank can also be issued online.
So it turns out that even sitting in another country, you can quite submit documents for registration of pension in Ukraine and wait until it comes to your card.
In more detail how to do it I tell and show in my other video on the topic: "Registration of pensions online" at the link: https://youtu.be/-UmSpwLy8Z0.
And in this video we will talk about how to collect data on your salary, if your enterprise is not there or it is destroyed.
How to get salary data for pension if there is no enterprise
Let me remind you that when you apply for a pension, for all work experience before July 1, 2000, in addition to the record of it in your work record book, you must also provide certificates from your place of employment about the amount of your salary in those years.
It is good when these certificates are collected in advance.
But what if they are not.
This is where it gets more complicated.
First, you need to figure out whether your enterprise really exists now. If there is - the easiest way - is to go there, let them raise their archives and provide you with information about the level of your salary.
If the enterprise has already been liquidated, first of all you should contact the State Archives in your region where the enterprise is located. And ask the State Archive for data on your salary at a particular enterprise.
By the way, the State Archive of Donetsk and Lugansk region also exists. It is just moved to another address. And all this is freely available on the Internet.
Every enterprise in its liquidation is obliged to submit documents to the archive, but alas, few people do it.
What to do if the enterprise is not liquidated, but destroyed because of the war
A very common situation for those who are in the war zone or in the territory outside of Ukrainian control. The enterprise in the register is listed as operating, but in reality this plant has long been destroyed, accounting and management have left, to whom to turn is unclear.
But even here there is a way out.
And to begin with, you should also contact the archive. And also try to write to your enterprise on e-mail, maybe they moved to another address and someone will answer you.
But what to do if they do not answer?
What to do if you still can't find your salary data?
It often happens that no one has submitted the data to the archive. You make a request and get a reply that we have not received such data. You write to the e-mail of the enterprise, the management of which is unknown where, and there, too, no one answers.
And it turns out that you have a bunch of years of experience with unconfirmed data on salary.
But there is also a way out.
In this case, you need to attach to your application for a pension that you have. The main document is your employment record book with records of your length of service in it.
Also enclose the answers from the State Archive that you applied there, but they did not find any data about your salary. So you've done everything you can.
And there are already clarifications and even court practice on this issue.
In such a case, the Pension Fund is obliged to credit you with this length of service and accrue a pension, but not on the basis of data in your salary certificate, but on the basis of average statistical data on wages at that time in your region and your position.
I have already had such a case in practice.
A woman from Mariupol contacted me and said that she had her entire work experience at one factory all her life. The plant was registered, but it was really bombed, there was no management, no accounting department. There is a record in her labor record, but she has no salary data.
We wrote to the plant's e-mail, and, as expected, no response.
We wrote to the State Archive of Donetsk region and received a reply that the data from this enterprise were not transferred to them.
Then we submitted an online application for pension through the electronic office of the Pension Fund of Ukraine, attached a scan of labor and this response from the State Archive.
And waited for the answer. Morally prepared for long and protracted legal proceedings.
But everything turned out easier.
She was assigned and calculated her pension on the basis of some average statistical data. It was somewhat less than the woman calculated, but it was and the length of service was counted. And that's the main thing.
And here the issue was resolved even without a court.
Well, if the refusal had come, then of course it would have been necessary to go to court. And the judicial practice in such situations in favor of pensioners. Although it's not quick. And you need to be ready for it.
In this article I told you what to do if you need to issue a pension, your enterprise is liquidated, and sometimes not liquidated, but it is not, it is physically destroyed, and to whom to apply for a certificate of salary, if you submit documents for the appointment of a pension, it is not clear. Also already published a lot of videos and articles, where I show how to apply for a pension online, how to pass the identification of pensioners online and highlight many more different issues. I advise everyone to familiarize themselves with it.
Now pension lawyer is a good profession, legal advice on calculating pensions, legal assistance on pension issues is a popular task for pension lawyers.