Ten years ago, he was released from prison, where he served ten years. Are years of service included in seniority? Will it be a social payment?
Ten years ago, he was released from prison, where he served ten years. Are years of service included in seniority? Will it be a social payment?
Accordingly, Art. 56 of the Law of Ukraine "On pension provision" the work of prisoners is included in the length of service subject to payment of insurance premiums.
It should be noted that when calculating the length of service of convicted persons while serving their sentence, different rules apply for the periods up to 12.31.2003 and from 01.01.2004. This difference in the rules is explained by the fact that during these periods different legislation governing this issue was in force.
Peculiarities of counting periods of work of convicted persons depending on the type of punishment:
Public works. Since public works are free of charge and are performed by the convict without payment for his work, and the person performs the said works not under the terms of the employment contract, but on the basis of the court verdict, the time of their performance is not included in the work experience of the convict.
Remedial works. According to Article 57 of the Criminal Code of Ukraine, the punishment in the form of correctional labor is established for a period of six months to two years and is carried out at the place of work of the convicted person. From the amount of earnings of a person sentenced to correctional labor, a deduction is made to the state income in the amount established by the court verdict, ranging from ten to twenty percent.
Restriction of will. Punishment in the form of restriction of freedom consists in keeping a person in open-type penal institutions without isolation from society under the conditions of supervision with the mandatory involvement of the convict in work. Thus, the term of serving the punishment in the form of restraint of will from 01.01.2004 is included in the length of service.
Detention in the disciplinary battalion. The legislation of Ukraine does not provide for special rules regarding the calculation of seniority of persons serving a sentence in the form of detention in a disciplinary battalion of military personnel, so the term of such punishment is included in the seniority.
Deprivation of liberty. Until December 31, 2003 inclusive, the period of work of convicted persons, when they were serving a prison sentence, was not included in the length of service. Deductions from earnings or other income received by convicts were carried out in accordance with the order of duty, and also did not include contributions to pension insurance.
Starting from 01.01.2004, in accordance with the provisions of Part 1 of Article 122 of the Criminal and Executive Code of Ukraine, those sentenced to imprisonment who are involved in the performance of socially useful paid work on the basis of a fixed-term employment contract are subject to mandatory state social insurance. This means that starting from 01.01.2004, convicts who have an employment contract with a correctional institution must make insurance contributions and this period of work must be included in their length of service.