A man was denied a pension by the Pension Fund due to a work record book written in different ink. What was the court's ruling on this matter?

A man applied to the Pension Fund for an old-age pension. However, his request was denied because the periods of his employment record filled out on July 10, 1981, were not counted towards his insurance experience, as the date of birth and patronymic were written in different ink on the title page. He cannot rectify this situation since his last place of work has ceased operations. This is stated in the decision of the Dniprovskyi District Court of Dnipro (the legal name of the court), published on November 15, 2024.

On March 11, 2024, the man contacted the Main Department of the Pension Fund of Ukraine in Dnipropetrovsk region with a request for an old-age pension; however, on March 20, 2024, he received a decision regarding the denial of the pension, stating that the periods of the employment record filled out on July 10, 1981, were not included in his insurance experience due to the discrepancies in the ink on the title page regarding his date of birth and patronymic. There is no possibility to amend the records in the employment book, as indicated in the decision of the Main Department of the Pension Fund in Vinnytsia region, due to the cessation of operations of his last employer — the Limited Liability Company "Dnipropertrovsk Plant of Non-standard Equipment Engineering." He has no other option but to legally establish the fact of ownership of the employment record, hence he is compelled to file this application in court. 

Case Review 

The court found that the applicant was born in the urban-type settlement of Yuryivka, Pavlohrad district, Dnipropetrovsk region, which is confirmed by a copy of the birth certificate issued on December 27, 1962, by the Yuryivka Village Council of Pavlohrad district, Dnipropetrovsk region, and a copy of the passport issued on April 10, 19, by the city military registration office of the Dnipro district of the Dnipro City Department of the Ministry of Internal Affairs of Ukraine in Dnipropetrovsk region. On July 10, 1981, an employment record was opened for the citizen with "secondary vocational education" as a repair locksmith at the Crushing Factory. He applied to the Main Department of the Pension Fund of Ukraine in Dnipropetrovsk region for an old-age pension. According to the decision made by the Main Department of the Pension Fund of Ukraine in Vinnytsia region to deny the pension, the periods from the employment record dated July 10, 1981, were not included in the insurance experience based on the additional documents provided by the applicant, as the date of birth and patronymic were written in different ink on the title page, which violates the requirements of the "Instruction on the Procedure for Maintaining Employment Records of Employees" approved by the Order of the Ministry of Labor of Ukraine No. 58 dated July 29, 1993 (previously – the Procedure approved by the resolution of the State Committee of the USSR on Labor and Social Issues No. 162 dated June 20, 1974).

What decision did the court choose?

The man's claim was granted. The court established the fact that the employment record filled out on July 10, 1981, belongs to him.

"The court concludes that the burden of proving the truthfulness of the information in his employment record and its proper execution cannot be transferred to the individual, as the employee cannot be held responsible for the accuracy and completeness of the documentation. Furthermore, the improper maintenance and filling out of the employment record and other documentation due to the fault of the institution's administration cannot be a basis for depriving the applicant of his constitutional right to social protection. The written evidence examined in the case and their proper evaluation collectively confirm the fact of the employment record's ownership by the applicant. The entry of the date of birth and patronymic on the title page of the applicant's employment record was made in different ink, which impedes the interested party from counting the periods of work in the insurance experience according to the employment record filled out on July 10, 1981. Correcting this record outside the court is not possible for the applicant due to the cessation of operations following the bankruptcy of his last place of work. Evaluating all the evidence examined in their totality, the court finds the application justified and subject to satisfaction," — emphasized the court. 

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