The answer to the question of registration of preferential pension to milkmaids in the absence of the primary documents confirming quantity of served animals.
At registration of preferential pension to milkmaids regional PF demands from the enterprise the certificate of quantity of the cows served by these milkmaids since 1992. But there is a complexity: to make the reference follows on the basis of primary documents – and they are written off by the enterprise in connection with the storage expiration.
Whether PF requirements are lawful?
How to confirm the seniority of milkmaids for charge of preferential pension by it in the absence of primary documents?
Our way to opinion, PF requirements nepravomerny already because contradict norm otnositelyyono storages at the enterprise of primary documents for salary charge to workers in techeyony three years (Order No. 41 item 315).
Let’s remind that the Law No. 1788 (Art. 13 item "d") preduyosmotreno purpose of pension on favorable terms to the women working at agricultural enterprises as milkmaids (operators of machine milking), pig-tenders-operators:
• after achievement of age of 50 years;
• at an experience of the specified work not less than 20 years;
• at performance of the established norms of an obsluzhiyovaniye.
The main document confirming an experience raboty, the service record (Law No. 1788 Art. 62) is.
But only in this case for etogo it is not enough service record, as in it there are no all data granting the right to pension on favorable terms. For confirmation of the special seniority ponadobitsya to present in PF also specifying spravki the enterprises (Order No. 637 item 20).
For the above-named categories of workers, in chastnosti milkmaids, in such reference are specified:
• Full name worker;
• the periods of work enlisted in a special experience;
• profession or position;
• nature of performed work;
• performance of the established norms of service;
• primary documents during performance raboty on the basis of which the reference is issued.
Well and if primary documents are absent, predyolagay to use the letter of the Ministry of Social Security of a nayoseleniye No. 02-80 by which the order of a podyotverzhdeniye of the length of service granting the right to polucheyony pensions on favorable terms to milkmaids, svinarkam is explained, to tractor operators-drivers according to Zayokon No. of 1788 (Art. 13).
So, confirm existence of a preferential experience at milkmaids the commission created with the assistance of an administrayotsiya of the enterprise, trade unions, social welfare institutions and representatives of labor collective can. On the basis of available documents and indications of witnesses the commission defines the period of work of the kazhyody worker and number of the years fulfilled by it on the works granting the right to a preferential pension obesyopecheniye.
The decision of the commission is made out by the protocol – it subscribes by members of the commission and affirms at meeting of labor collective. Workers under rospis familiarize with this document then one its copy remains at the enterprise, and another is transferred in social welfare institution (PF).
Conclusion: to confirm a preferential experience of the milkmaid for a nayochisleniye with it pensions according to Law No. 1788 Art. 13 without primary documents it is possible on an osnoyovaniye of the protocol of the commission issued in a vysheyoizlozhenny order.
For simplification of this procedure we advise to the enterprise to address in management of work and social zashhity the population of the state administration of the area. Here, according to Situation No. 1498 item 17, to you are obliged to render consulting legal aid in preparation of documents for purpose of pensions, and also to promote in receiving by citizens of necessary documents for purpose of pensions, that is to take part in commission creation.
List of documents
1. The law No. 1788 – the Law of Ukraine from 05.11.91 of No. 1788-XII About provision of pensions.
2. The order No. 41 – the order Glavarkhiva from 20.07.98 of No. 41 About the approval of the List of standard documents.
3. An order No. 637 – the Order of confirmation of the available seniority for purpose of pensions in the absence of the service record or the corresponding records in it, approved by the resolution KMU from 12.08.93 of No. 637.
4. Situation No. 1498 – the Standard provision on management of work and social protection of the population regional, regional in the cities of Kiev and Sevastopol the public administration, approved by the resolution KMU from 29.09.2000 of No. 1498.
5. The letter No. 02-80 – the letter of the Ministry of Social Security of the population of Ukraine from 03.11.93 of No. 02-80org The review of questions and answers concerning application of the legislation on the state pensions.