Stuff Reduction and Pensioners’ Rights in Crisis
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 can’t 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 can’t 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 you’ll get your pension as advance payment. You can have your pension being abroad if there is an international agreement between
This article was written by attorney-at law Andrii Nechyporenko for magazine “Pratsia i Zakon”
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