Stuff Reduction and Pensioners’ Rights in Crisis


Our achievements

  • Advocacy of state enterprise in the International Court of Arbitration (ICC), $ 44 million
  • Legal support of one of the candidates for mayoral position in pre-election campaign 2010.
  • Judicial support of president pre-election campaign 2010 on local levels
  • Reverse of Government Decree Concerning Pension Contribution for Private Entrepreneurs
  • Cars Evacuation is Revoked in Kyiv
  • Case "Karaoke on the Maidan"
  • Case "Koretsky vs. Ukraine"

Stuff Reduction and Pensioners’ Rights in Crisis


21-01-2009

Pensioners have right to work as well as all other people according to the Constitution of Ukraine. When the man comes of pension age he can continue his work on the same factory or in another company.

There is just one thing which differ retirees from other workers: pensioners have right to receive their pensions. A petition about pension granting is hand in place of employment and for those who don’t work it is hand in domiciliary to the department of Pension Fund of Ukraine.

Such facts as when the person came of pension age or when this person has pension payment don’t give any legal ground to stop employment relations.

Pensioner has right:

  • to continue his work and to write a petition about pension granting;

  • to continue his work and not to write a petition about pension granting. This can be done for the purpose of having supplementary pension (paragraph “c” and “d” in article 21 of Ukrainian Law “On retirement insurance”);

  • to stop employment relations and write a petition about pension granting. In this case the employment relations can be stopped according one of the reasons which are foreseen in the article 36 of Ukrainian Labor Code.

A pensioner who continues his work can be dismissed or reduced on the same legal ground as all others workers. But pensioners have prevailing right to keep there job if there qualification and productiveness is higher then other workers who are the candidates for stuff reduction have.

If you cant avoid stuff reduction, you have to remember: a pensioner has to be informed in written form within 2 months before reduction and a dismissal pay.

The dismissal pay has to be given not lower then pensioner’s average monthly earnings. Pensioner has right to apply with a petition about pension granting if he didn’t done it before. He can find a new job.

Pensioner cant be unemployed and go to Unemployment Office (paragraph “d”, part 3 of the 2nd article of Ukrainian Law “On population employment”.)

Before leaving abroad for permanent place of residence youll get your pension as advance payment. You can have your pension being abroad if there is an international agreement between Ukraine and this country. здом за границу на отным и не может стать на учет Центра занятости (статья 92 Закона Ураины "щения трудових отношений. СМ Disability pension (if the injury happened on your workplace) and pension for people with industrial disease are the exceptions.

This article was written by attorney-at law Andrii Nechyporenko for magazine “Pratsia i Zakon”

RELATED STORIES:

How to Protect Your Right of Salary?

Each 2 out of 3 Companies are Planing to Reduce the Stuff

Economical Crisis and Labor Law - Professional Attorneys-at-Law Protect Your Interests




Back to news list