Why don’t they want to give pension to metro workers? |
Law what does he say
“Your citizens pension According to the Law and the decision of the Cabinet of Ministers,
– when men reach the age of 57 and have 25 years of work experience, and at least 12 years and 6 months of this period work in harmful and difficult working conditions;
– when women turn 50 and 20 years of work experience, less than this period 10 when he worked in those jobs
on preferential terms pension rights to buy arise.
Baku The Administrative Court upheld the claim of the metropolitan employees. He confirmed their right to retire on preferential terms. But the State Social The Defense Fund disagreed with these decisions and filed an appeal. The appellate court found the Fund to be right and the decisions of the first instance court cancellation did. Now the conflict between the parties Ali Court is in the plane.
Metro workers are not listed separately
The State did not accept the claim of the Metropolitan employees Social Defense Fund representatives court accepted that the working conditions of drivers working on electric trains are particularly harmful and difficult. However, according to their position, the Cabinet of Ministers “According to age with favorable conditions pension approved the list of productions, works, professions, duties and indicators that give the right. This list does not include the names of metropolitan employees. In other words, since the metro workers are not listed separately in the list, they do not receive a pension under preferential terms.
But the complainants consider this argument baseless.
“The state Social The Defense Fund uses such unacceptable methods to avoid giving public money to citizens. This is an illogical reasoning,” says one of the complainants, Farid Altınbayev.
For more than 38 years, heBaku Worked at Metropoliteni. He says that in the report submitted to the court from the workplace, it is emphasized that it is serious and harmful labour worked under the conditions. This is the main reason labour an additional 6 days were given to his leave. In addition, the tariff for working in special harmful working conditions of his salary Up to 16 percent, and additional payments were made for evening and night hours.
The decision of the court and the argument of the opposite side
Baku The judges who ruled in favor of the complainants in the Administrative Court emphasized that “metropolitan trains, as well as surface trains, belong to rail transport and the working mechanism of both is similar”. In other words, the situation of the metro driver is similar to that of the driver and assistants of the underground trains: “Different treatment in relation to persons in a similar situation – the refusal of the pension on preferential terms is not justified.”
Because the representatives of the State Social Protection Fund say that in the list of the Cabinet of Ministers, drivers and assistants of electric trains in the “Transport” section belong to surface railway transport. In order for this to apply to metropolitan employees, there should have been a separate subsection “metropolitan workers”.
“Everyone knows how people feel when they stay in the subway tunnel for an hour. Imagine staying in a reinforced concrete tunnel for 8 hours in a queue, 10The driver of subway trains, his assistant, works under 00 volts. Drivers of metro trains often do not even reach retirement age because their work is particularly harmful and difficult. “There is no reason why the State Social Protection Fund does not give a pension to a working citizen under such conditions,” Altınbayev added.