Hiring a pensioner to work under a fixed-term employment contract. Fixed-term employment contract with a pensioner: registration, procedure

Pensioners are people who are assigned and paid a pension. In life, we are accustomed to thinking that these should only be older people. But the definition and classification of pensioners is much broader. These include:

• those who have reached retirement age and receive it in old age: women at 55 years old, men at 60 years old (exceptional cases are described in the Federal Law “On Labor Pensions in the Russian Federation”);
• retired military (receive a monthly payment for length of service);
• disabled people (they are paid a labor, social (in the absence of experience) or state (military personnel who became disabled during their service and liquidators of the Chernobyl Nuclear Power Plant) disability pension);
• those who have lost their breadwinner (they are paid an insurance, social or state pension).

Who are pensioners?

Having retired and being in excellent physical shape, having a good memory and a fighting spirit, you can continue to work.

But here you need to analyze whether the double payment will remain: the pension and the salary received at the place of work or whether only the salary will be paid.

After its expiration, the employment relationship with the working pensioner will be terminated, i.e. The procedure for dismissing an employee has been simplified.

Classification of employment contracts for pensioners

Several types of contracts that can be concluded.

An open-ended employment contract is concluded on the basis of a standard set of documents: passport, work book, insurance certificate of state pension insurance, military registration documents (for those liable for military service), a document on the presence of special knowledge and documents on health status.

The last two documents are presented when the employer requests them.

A pensioner can be an internal part-time worker (to combine positions in one company) or an external part-time worker (to combine positions in different organizations). The necessary documents for concluding such an employment contract are standard.

They are the same as when concluding an open-ended employment contract. Guarantees and compensation too.

There is a work from home agreement. For such a category of citizens as pensioners, this is a very convenient source of income. When concluding such an agreement, according to the general rules, the employee is also accrued vacation pay and paid a certificate of temporary incapacity for work.

When working from home, there are no night jobs, holidays or days off, since the employee himself chooses a schedule that is convenient for himself.

The text of the contract itself stipulates the conditions for the supply of necessary materials for the work, the procedure and terms for the calculation and payment of wages (most often, a piece-rate system of remuneration for manufactured products or work performed is used) and the procedure for its termination.

A probationary period is assigned.

The head of the organization has the right to establish when hiring. The same rule applies to pensioners. This period is established by mutual agreement of the pensioner and the employer.

An entry about the probationary period is made in the text of the employment contract. Its duration is also negotiated by the two parties, but depends on the type of contract concluded.

The unlimited term provides for a limitation of the probationary period to three months, and for the head of the company, his deputy and chief accountant - to six months. When concluding a fixed-term contract for 2-6 months, the duration of the probationary period should not exceed two weeks.

When concluding a contract for a period of up to 2 months, it is impossible to establish a trial period.

Working conditions, guarantees and compensation for working pensioners

Same working conditions as everyone else.

The working conditions and working hours for working pensioners are the same as for the rest of the staff. But, entering the position of an elderly person, and taking into account the physical capabilities of his body, management can change his mode of operation.

And the manager himself can set part-time working hours for up to 6 months. In this case, this will apply to all personnel, and not just retirees, and the reason may be the need to carry out organizational and technical measures to avoid layoffs of a large number of employees.

In this case, wages will be calculated based on the time actually worked by the pensioner. This will not affect the calculation of the duration of the next vacation.

Management, by caring for this category of workers, can improve the workplace itself. For example, bring an additional table lamp, replace an ordinary chair with a comfortable chair, or place the work desk closer to the window.

For an old-age pensioner who is also a disabled person of group I or II and works, the work week should be reduced from 40 to 35 hours, and payment will be made for 40 hours. If, according to an assessment of working conditions, it is confirmed that a retired employee carries out his activities in hazardous and hazardous industries, then his working week should be 36 hours.

All this must be specified in the employment contract. The time spent by a pensioner in excess of the established working week is called overtime.

A retired employee is allowed to perform such work only with his written consent and if it does not harm his health. Everyone has the right to decide how much and how to work, but the employer is obliged to warn about overtime hours in accordance with all the rules of the legislation of the Russian Federation.

Working pensioners, like other employees, are subject to the compulsory pension insurance program, and the employer is obliged to accrue pension contributions on their wages and additional types of payments.

Leave is granted on a general basis.

The next vacation for a retired employee (including a homeworker) is granted according to the general rules. For those who work for the first year, the right to vacation arises after 6 months of work, and then, according to the vacation schedule. The exceptions are WWII participants and liquidators of the consequences of the Chernobyl nuclear power plant.

They can take vacations as they wish. A working disabled pensioner has a regular vacation of 30 calendar days. A retired employee, also known as an external part-time worker, must take leave from his main job and at the same time from his part-time job.

Additional paid holidays are available to some categories of retired workers. Here we mean those whose work involves heavy and dangerous production, those who work in the Far North and its surrounding areas, liquidators of the Chernobyl accident and those who have irregular working hours.

A retired employee, according to Article 128 of the Labor Code of the Russian Federation, can take two weeks of vacation without pay. If the manager is loyal, he may be given vacation days without additional pay.

But the pensioner must take into account that the calculation period for receiving the next vacation will shift by the number of days of the two-week excess.

It is worth noting that working disabled pensioners can take up to 60 unpaid calendar days during the year.

Without official registration, rarely does anyone agree to work. By working on a contractual basis with a pensioner, the manager will protect himself legally from all possible unforeseen situations, given that an elderly person is being hired.

By hiring such an experienced employee, the manager can simultaneously receive a mentor for younger employees. Providing consulting assistance is sometimes simply necessary if there is such an employee in the team.

And for the pensioner himself, it is better to work knowing that he will be paid all the required guarantees and compensations, and that contributions will also be made to the Pension Fund, which will allow him to increase the pension he has already earned over time.

It is better for the manager to show legal literacy and formalize the elderly person, taking into account all the nuances of his situation in advance, than to rely on chance and live with the knowledge that in the future, he will have to deal with many authorities and the pensioner himself may act as the initiator.

From this video you will learn about work for retirees.

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Drawing up an employment contract is not a right, but an obligation of every employer. It is important to note that the registration procedure itself is standard.

But there are features that directly depend on who exactly acts as an employee or employer.

There is no rigid form of employment contract established in our country. But it will be necessary to note that there is a list of sections that must be present in such a document.

Regardless of various factors. All subtleties and features are indicated in a special regulatory document - the Labor Code of the Russian Federation.

If the agreement is formed with errors, there will be inconsistencies with legislative norms - the agreement may be recognized as partially invalid.

What you need to know

Today it is quite problematic for people of retirement or pre-retirement age to get a job.

This is why many retirees are not particularly selective when looking for work. And they agree to any job, even a low-qualified one.

Nevertheless, pensioners, like all other able-bodied citizens of our country, have the right to respect all their rights according to the Labor Code of the Russian Federation. It is very important to carefully study all legal regulations.

The employment of pensioners in some cases imposes certain restrictions on pension accruals.

That is why, before carrying out the process of concluding an agreement, the pensioner needs to think carefully and weigh everything.

This will prevent certain difficulties and troubles. Hiring pensioners under a fixed-term employment contract has some distinctive features.

Definitions

Knowledge of regulatory documents directly related to the conclusion of an employment contract allows you to avoid many problems and difficulties.

First of all, this concerns the protection of one’s own rights. But it is only possible to obtain information on this matter if you know the basic terms used.

At the moment, these standard terms include the following:

• pensioner, retirement age;
• employment contract;
• worker;
• employer.

It is important to note that the terms employee and employer are used both in legislation and directly in the employment contract itself.

The employer can be an individual entrepreneur (individual entrepreneur), an individual or the owner of an organization.

But regardless of the legal status of the employer, when concluding an employment agreement, certain obligations arise - as a tax agent in the first place.

An employee can be any individual in the country. Moreover, it is not necessary to reach the age of 18 years.

An employment contract is a special document that regulates and consolidates the relationship between an employee and an employer in a particular case.

Must necessarily be within the framework of labor legislation. Otherwise, it will be declared invalid.

Pensioner – this term means a citizen of a certain age. Today, in the standard case, a pensioner is considered:

There are certain nuances when hiring such citizens. Such nuances will need to be sorted out in advance.

This is the only way to prevent standard problems. Violation of labor laws results in serious fines. For organizations it can even reach several hundred thousand rubles.

Parties to the agreement

It is important to note that a lot depends on certain points related to the legal and legal status of the parties to the employment agreement.

For example, military personnel and some other government employees retire somewhat earlier than ordinary civilians - due to length of service.

In such a situation, they also fall under the classification of ordinary pensioners. This point will need to be carefully worked out.

The format of the employment agreement itself depends little on whether the employee has retired or not. But other questions often arise.

For example, what kind of employment contract should be concluded with a pensioner - fixed-term or indefinite.

Hiring involves collecting a number of required documents. This applies to the work book, as well as a number of other papers.

Legal basis

Today, all issues regarding the interaction between an employee and an employer are regulated quite strictly by law.

The main regulatory document is the Labor Code of the Russian Federation. It is within the framework of such a document that all agreements without exception between an ordinary employee and an employer should be formed.

The main NAPs, which are best read in advance, include the following:

The employment agreement itself, of course, has a certain validity period. Its duration is established by Article No. 58 of the Labor Code of the Russian Federation. All the subtleties and features of the procedure need to be sorted out in advance.

Today, compliance with labor legislation is closely monitored by a special service - the labor inspectorate.

If an employee believes that his rights have been violated in any way, then he will need to go there.

But it is worth noting that the labor inspectorate will resolve the situation only in cases where there is an obvious violation.

Otherwise, when an investigation is required, avoiding going to court will be quite problematic.

Video: employment contract with a pensioner

The statement of claim must be filed precisely at the employer’s permanent location, in the region of registration.

The algorithm for the entry into force of an employment contract is established in Article No. 61 of the Labor Code of the Russian Federation. This moment is determined in each case in a standard way.

It is worth noting that concluding an agreement is precisely the responsibility of the employer. If the employee has already begun to perform his duties, but the agreement has not been drawn up in writing, then the employment contract is considered concluded.

You need to become familiar with in what cases and why dismissal is allowed in advance. Today, serious grounds will be needed to terminate an employment agreement.

This may be at the initiative of the employee or otherwise. At the initiative of the employer, dismissing an employee will be problematic; it is necessary to draw up a large number of different papers.

Also, you should not make mistakes in the contract. This can lead to serious troubles in the future.

Procedure for drawing up an agreement

The process of drawing up an employment agreement if the applicant reaches retirement age will be standard.

This point will need to be sorted out in advance. Separately, it is necessary to work out the legislation on beneficiaries.

Key questions to consider:

• Required documents;
• essential conditions;
• Is it possible to conclude a fixed-term employment contract with an old-age pensioner (sample);
• if for 1 year;
• what is the maximum period;
• termination of the agreement without working out.

Required documents

There is a standard set of documents that need to be prepared when concluding an employment agreement.

It includes the following:

• employment history;
• military ID - for citizens liable for military service; insurance certificate in the prescribed form - SNILS;
• certificate of no criminal record.

Moreover, the absence of one of the above list is grounds for refusal to conclude an agreement.

Essential conditions

The employment agreement does not have a strictly established form. But at the same time, there are some mandatory conditions that must exist regardless of other factors.

These include:

• work and rest schedule;
• terms of payment;
• start date of the agreement;
• employee rights and responsibilities;
• the nature of working conditions;
• place of employment - and the workplace of a particular citizen is also indicated;
• types, various terms of the agreement.

Is it possible to conclude a fixed-term employment contract with an old-age pensioner (sample)

– an agreement with a finite period of validity. Today, a number of categories of citizens cannot be employed in this way.

For example, minors or pregnant women. At the same time, a pensioner does not belong to such categories.

If for 1 year

For a number of reasons, fixed-term employment agreements are concluded with retired employees.

The duration of these can be any. But it is worth noting that a fixed-term employment contract will only be valid for up to 12 months.

If after the expiration of this period the employee continues to work, then the contract automatically becomes indefinite.

What is the maximum period

The maximum duration of employment agreements is not established for pensioners - as for any other employees.

That is why the employer will need to work out this issue in advance. Since pensioners do not always have the opportunity to independently cope with their responsibilities without difficulty.

Termination of the agreement without working out

Upon dismissal of one's own free will, the employer has the right to require work to be completed within 14 days. Exceptions are possible in the following cases:

• dismissal takes place by agreement of the parties;
• if the employer managed to find a replacement employee earlier;
• there are serious reasons for the employee himself not to work.

Drawing up an employment agreement with a pensioner has its own peculiarities. It is worth disassembling them in advance.

Employment contracts (ET) can be fixed-term (up to five years) or indefinite.

TD is unlimited when:

• the duration of action is not indicated in it;
• the period has expired, but the employer and employee continue to interact on the same terms;
• concluded for a specific period without sufficient grounds, as determined by the court.

TD is necessarily urgent when it is dictated by the nature, conditions of the work to be done or by agreement of the parties. Specific cases of urgency of an employment agreement are established in Art. 59 TK- This:

• for the period of replacing an absent employee, when his job is retained (annual leave, temporary transfer to another job based on a medical certificate, etc.);
• seasonal work;
• temporary activity (up to two months);
• overseas work;
• reconstruction, installation, commissioning and other activities unusual for the employer, including obviously temporary ones - up to a year (production expansion);
• with employees of initially temporary organizations, who can also carry out a clearly defined order;
• with workers at work, without a specific completion date;
• practice, vocational training, additional education with internship;
• elected bodies and positions;
• temporary, public works (directed by the employment center);
• alternative service;
• with other persons by agreement (including age pensioners).

Thus, a fixed-term employment contract with a pensioner is possible only by agreement with him, otherwise the contract must be indefinite.

Concluding a fixed-term employment contract with pensioners

Any agreements with an older employee, including urgent ones, are concluded on a general basis and in a standard manner, i.e. in compliance with the chapters and Labor Code.

The conditions and information that are reflected in the contract (in addition to the condition of limited period of validity in this case) are listed in Art. 57 TK. If, after concluding the TD, it turns out that some of them are missing, then this information is included in the document, concluding an additional agreement. Such an addition (agreement) becomes an integral element of the contract.

The document comes into force from the date:

• its signing by the parties;
• actual admission of an employee to work with the knowledge or on behalf of the employer.

The employee is obliged to begin working on the day specified in the TD, or on the next working day after the agreement enters into force. If this does not happen, the employer has the right to cancel the agreement. Guarantees when concluding a TD are specified in Art. 64 TK.

When concluding a TD, the employer will need the following documents:

• identification;
• employment history;
• SNILS;
• military ID (according to Article 53 of the Federal Law of March 28, 1998 N 53, individual military ranks can be in reserve up to 65 (third-class major) and 70 years (second-class senior officer), respectively);
• about education, qualifications or special knowledge - if necessary;
• Some positions and specialties may require a certificate of criminal record (according to the appendix to the Order of the Ministry of Internal Affairs of Russia dated November 7, 2011 N 1121), as well as a certificate of administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription (according to the appendix to the Order of the Ministry of Internal Affairs of Russia dated 24.10 .2016 N 665).

The absence of any of the noted documents may result in refusal to conclude a TD.

The employment of a pensioner under a fixed-term employment contract is formalized by order (instruction) of the employer (form N T-1 - for a single employee or N T-1a - for a group of them, approved). The order is issued on the basis of the concluded TD and its content corresponds to its conditions.

Sample of a fixed-term employment contract with a pensioner

Is it necessary to renew the contract with an employee who has reached retirement age?

A pensioner is a person who receives payments for:

• old age (now, in general, from 55 years old - women, 60 years old - men);
• disability;
• length of service;
• loss of a breadwinner.

The maximum working age for certain positions is established for the education sector ( Art. 332 TK), civil service (Article 25.1), heads of medical organizations ( Art. 350 Labor Code of the Russian Federation, Federal Law dated July 29, 2017 N 256). This means that changing the terms of a TD only on the basis of age (except for the specified categories) can be qualified by the court as corresponding discrimination, which is prohibited ( Art. 3 TK). Therefore, re-conclusion of a TD without the consent of the employee based on his retirement age is not required. This conclusion is confirmed by the Determination of the Constitutional Court of the Russian Federation dated May 15, 2007 N 378-O-P. It states that the employer does not have the legal right to re-register a permanent TD for a fixed-term one (or terminate it), due to the employee’s retirement age and the assignment of a corresponding payment to him.

IMPORTANT! To retire in old age, in addition to reaching a certain age, you need to go through a certain procedure. Its rules are established by Order of the Ministry of Labor of Russia dated November 17, 2014 N 884n. Thus, retirement age itself, without proper paperwork, changes little for a person.

How to transfer a pensioner to a fixed-term employment contract

Once again, please note that a transaction with a pensioner can be urgent only with the consent of the latter! Such a transfer requires a written agreement between the parties. Without such an agreement, transfer to a fixed-term employment relationship is unacceptable.

Extension of a fixed-term employment contract with a pensioner

Any change in the terms of the TD occurs in accordance with. There are several ways to extend an urgent TD with an elderly employee:

• written agreement of the parties, followed by a corresponding order from the employer;
• concluding a new labor agreement (the old contract is terminated);
• continuation of their interaction on the same terms after the end of its validity period. In the second case, the contract becomes unlimited.

Work and rest time

There are no special legislative provisions in these matters. Older workers are subject to all provisions of sections and. The only exception is Art. 128 TK, which guarantees such employees leave without pay. It is provided by the employer at the request of the employee and is up to 14 calendar days per year.

Termination of an employment contract with a pensioner

General reasons for termination of TD, which also apply to pensioners, are listed in Art. 77 TK. The most common of them:

• employee's desire;
• employer initiative;
• agreement of the parties.

Dismissal of a worker of retirement age at his will occurs in accordance with the general procedure ( Art. 80 TK). However, he may not give two weeks' notice. To do this, you must indicate the reason in your resignation letter - retirement. Then he resigns on the day specified in the application. This is a one-time opportunity; it will no longer be available in future employment.

It talks about cases of termination of TD at the initiative of the employer Art. 81 TK. The most common of them are:

• liquidation of an enterprise, termination of the activities of an individual entrepreneur;
• staff reduction;
• the employee’s inadequacy for the position held;
• violation of internal regulations or theft of property.

In the first two cases, the HR department notifies the employee of the termination of the TD two months in advance. He is paid two months' average salary. A certificate of absence of vacancies from the employment center will ensure payment for the third month, plus compensation for unused vacation. If there is a reduction in staff, they may be offered a different position if this work is not contraindicated for health reasons.

In cases of violation of internal regulations, for example, appearing drunk at the workplace, theft of the organization's property, an act is prepared, and written explanations from the culprit are obtained. On their basis, a dismissal order is issued.

Termination of TD by agreement of the parties - Art. 78 TK- occurs at any time, on the initiative of any of the parties, subject to all the nuances.

Upon dismissal, the pensioner is paid:

• salary for hours worked;
• compensation for unused vacation (calculated by the accounting department based on average daily income).

Any payment upon retirement is a personal initiative of the employer, as are other payments according to its internal regulations.

Two-week average earnings are paid when the contract is terminated due to:

• the employee’s refusal to transfer to another job, which he required according to a medical certificate, or when the employer does not have the appropriate job;
• restoration of previously employed personnel;
• the employee’s refusal to be transferred jointly with the employer to another location;
• complete disability of a person, according to a medical certificate, which is issued in accordance with Order of the Ministry of Health and Social Development of Russia dated May 2, 2012 N 441n;
• refusal of the worker, which followed a change in certain conditions of the labor contract.

The same amount is paid for seasonal work, with:

• abbreviations;
• liquidation of the enterprise.

By Art. 318 TK The average monthly salary is retained for the dismissed person for up to six months.

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Upon employment, the employee provides documents confirming:

• Identity of the employee (passport).
• Belonging to the category of pensioners (certificate).
• Qualification (diploma, certificates, etc.).
• Registration with the Pension Fund (SNILS).
• Tax registration (TIN certificate if available).
• Work experience (work book).
• Income received from employers during the previous 2 years (certificate).

When hiring for certain positions, you must provide a certificate confirming your health status. Medical examinations are required for work related to the food industry, food trade, catering, medicine, and hazardous working conditions. The absence of a certificate deprives a pensioner of the right to employment in a position. An example of the use of an income certificate. Pensioner K. left his job due to retirement.

How to hire an employee of retirement age?

The list includes the following features:

• a person carries out seasonal work;
• the citizen replaces the main employee;
• labor activity will be carried out abroad;
• a citizen is hired for temporary work, the duration of which does not exceed 2 months;
• the pensioner was hired to perform actions that are not related to the main activities of the company;
• the employee was hired to carry out specific work (cooperation with the person ends at the moment of signing the certificate of completion of work).

If none of them are available in the current situation, the employment of a citizen on well-deserved rest under a fixed-term contract can only be carried out with the consent of the person wishing to get a job. In the classic situation, a permanent employment contract is drawn up with a pensioner.

Employment of a pensioner: registration, advantages, disadvantages

Hiring procedure Hiring to an individual is far from uncommon. For example, a person gets a job as a housekeeper, nanny, or gardener. At the same time, the employee’s work does not become a way to make a profit for the employer.
According to Article 309 of the Labor Code, an employer who is not an individual entrepreneur does not have the right to create a new work book or make an entry in an existing one. That is, an employment contract is concluded with an employee without a work book. An agreement with an individual may be of an indefinite nature or a specific period of validity.
The terms of the agreement are individual in nature. But at the same time, they should not contradict the current labor legislation in matters of working hours, annual leave, etc. According to Article 303 of the Labor Code, an individual employer is obliged to notify local government authorities about the hiring of employees and their dismissal.

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Does a pensioner have the right to receive leave without pay until six months after being hired? The obligation to provide a pensioner with leave at any time upon his request is not established by law. Vacation planning is determined by the operating mode of the enterprise. The vacation period is established by agreement of the parties.

Attention

With the consent of the employer, leave may be granted. Question No. 5. Is it possible to fire a pensioner during the probationary period? Can. The procedure for passing the test when employing a pensioner does not differ from the terms of contracts for other categories of persons.

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Procedure for hiring pensioners

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For them, restrictions are established within 65 years (Article 332 of the Labor Code of the Russian Federation). Refusal to hire or dismiss an employee of retirement age is a direct violation of current legislation (Article 3 of the Labor Code of the Russian Federation). Working hours depend on working conditions. Therefore, the working week can be, as usual, forty hours, or it can be shortened.

For pensioners with group I or II disability, it should not exceed thirty-five hours. Harmful working conditions associated with a danger to life or health reduce the working week to thirty-six hours (Article 92 of the Labor Code of the Russian Federation). The duration of work must be specified in the terms of the employment agreement.

For pensioners, as for other employees, a probationary period of no more than three months can be established (Article 70 of the Labor Code of the Russian Federation). Admission to a managerial position requires a longer probationary period - up to six months.

Work without registration for pensioners: positive and negative aspects

You will need

• - employment history;
• — archival records;
• — other documents confirming work experience.

Instructions 1 Determine your length of service, based on the instructions of the Government of the Russian Federation No. 516 of December 29, 2006. According to the law, the main document by which the length of service at each enterprise separately and the total length of service is determined is the work book. 2 From each date of dismissal from each enterprise, subtract the date of admission, add up all the results obtained. One year of work will be equal to 12 months, 1 month – 30 days. 3 In the absence of a main document that can be used to confirm and determine all existing experience without much effort, you have the right to issue a duplicate work book at the request of the applicant and enter all the experience into it.

Working under a contract without a work book: pros and cons

Despite the fact that the concept of “continuous work experience” has lost its relevance, when concluding an employment contract, an employer can condition the provision of certain benefits to employees by the duration of continuous work with him. In addition, a large number of dismissals without good reason indicates a person’s fickleness, which can become an indirect reason for refusal to hire. Helpful advice In individual cases and controversial issues arising regarding continuity of employment, seek advice from a lawyer.

Sources:

• How is work experience interrupted?

Career

In practice, a situation may arise when, for some reason, a pensioner cannot provide a document. In this situation, an employer who wants to officially record the fact of interaction with a citizen can enter into an employment contract without a work book. The agreement will serve as evidence of work activity and experience.

However, the absence of an entry in the pensioner’s work book is a violation. The need to record in a document the fact of the start of labor activity is enshrined in Article 66 of the Labor Code of the Russian Federation. Additional information It is possible to work without making an entry only if the citizen carries out part-time activities or has entered into a GPC agreement.

Information is not recorded even if cooperation is carried out with a private person.
The labor legislation of the Russian Federation stipulates that a work book is a mandatory document when applying for a job. It is impossible to officially find a job without it. It is the entry in the labor record that certifies that there is a fact of hiring and a certain time period of work. If you have a completed work book, you can confirm in the future that you have a certain length of work experience. Also, an entry in the book becomes a compelling argument in case of disputes regarding payment of wages and receipt of guarantees. Working under a contract without a work book is like working under an oral agreement, that is, such employment leads to a complete lack of control over labor relations. The employer has the right to dismiss an employee at any time, pay less than the promised salary and is not obliged to provide guarantees.

We employ a pensioner under a contract

Registration under a contract - what pitfalls may lie in wait Despite the significant number of advantages of this method of carrying out activities, the contract also has some disadvantages. At the same time, for the customer they are minimal and consist only in the absence of the opportunity to interfere in the work process. As for the contractor, by agreeing to work under a contract, he voluntarily deprives himself of a number of social benefits provided for by the employment contract:

• paid leave and sick leave, including maternity leave;
• days off;
• bonuses;
• social insurance.

In addition, the contractor does not have insurance for the result of his work, so it may be damaged before it is accepted by the customer (for example, due to the negligence of subcontractors), resulting in the risk of non-payment.

Is a contract included in the length of service? According to Part 1 of Art. 11 of the Law “On Insurance Pensions” dated December 28, 2013 No. 400-FZ, insurance length of service (this is how work experience began to be called after the pension reform of 2002) is formed through the performance by an individual of any type of work, subject to payment of insurance contributions to the Pension Fund. According to Part 1 of Art. 4 of Law 400-FZ, each insured person has the right to apply for an insurance pension after reaching a certain age. Thus, the period of work under a contract is included in the total length of service and is taken into account when calculating the amount of pension payment if insurance premiums are paid for the contractor.

Dismissal under a work contract The term “dismissal” is used for labor relations, so it is not entirely correct to use it in relation to a work contract. The contract agreement specifies the start and completion date of the work (Clause 1, Article 708 of the Civil Code of the Russian Federation).

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Working in retirement is a guarantee of stable income, because Russians’ pensions are not so great that they would have to give up additional income. Meanwhile, an excellent specialist, even if older, can benefit the company, although he is less competitive compared to young people: he will not qualify for a high salary, is already experienced and is not pretentious. Hiring a pensioner is caused primarily by a shortage of qualified personnel, however When registering such an employee, HR officers have many questions.

Why hire a retiree?

According to statistics, the attitude towards the employment of pensioners has hardly changed over the last five years:

Useful statistics

• 35% of Russian companies refuse the services of older workers (employers recruit youth teams from creative, sociable and active young people);
• 39% employ pensioners in some cases (less often in high positions that require extensive experience, concentration and maximum output, more often in low-paid positions as cleaners, security guards, drivers);
• 26% of companies are happy to hire retirees.

The big advantage of an older employee is that he will do everything as it should, although he will spend more time on work (after all, there is a lot of it), unlike a young employee (even if it’s done carelessly, but it’s done). And the Soviet labor vaccination speaks of discipline and good education.

But this is just a generalization, there is discord between employee and employee.: a man has flown through life, he won’t change in old age, and don’t expect anything good from such an employee.

Look at the work book, if the personnel is suitable, draw up a contract.

Employment contract with a pensioner

Russia is a social state, where the rights of citizens are equally protected, regardless of whether you are a pensioner or not. This also applies to labor legislation: According to Article 64 of the Labor Code, it is impossible to refuse employment to a person for age reasons. After all, a pension is financial assistance to a person who, according to legislators, is no longer fully able to work (due to age, disability or length of service).

And you cannot dismiss a pensioner for the same reason, only by consent or on general grounds.

According to Article 37 of the Constitution, labor in Russia is free, which means that freedom of contract applies - the director agrees to accept a pensioner on a personal application - please. But at this stage the question arises - what type of contract to conclude - permanent or fixed-term.

Hiring a pensioner under a fixed-term employment contract

Back in 2007, the Constitutional Court ruled that concluding a fixed-term contract based on age is unacceptable because it limits the labor rights of a pensioner, is discriminatory and violates all principles of equality.

The position of the Constitutional Court today is enshrined in Article 59 of the Labor Code: if there are no grounds provided for in the article (seasonal, temporary work, etc.), then the employment of a pensioner under a fixed-term contract is permissible only with the consent of the applicant himself.

Therefore, a permanent employment contract is concluded. And if a fixed-term contract is concluded without consent, any supervisory authority will reclassify it as permanent.

attention!

Nuance: an agreement on a fixed-term contract can only be signed if the applicant has reached retirement age (men 60 or women 55). If the pension is early (military, based on length of service), a fixed-term contract cannot be concluded without reason.

A the grounds for a fixed-term contract are as follows (Article 59 of the Labor Code):

• temporary replacement of the main employee;
• temporary work (up to 2 months);
• seasonal work;
• work abroad;
• work not related to the main activities of the company (commissioning, repairs);
• specific work (ends at the moment of signing the act of completed work).

attention!

Important: a fixed-term contract is concluded either by agreement or on the grounds listed above, and nothing else.

Probation period for a pensioner

No restrictions on pensioners when establishing
The Labor Code does not establish a probationary period. This means that the general rules apply (Article 70 of the Labor Code):

• the test is ordered only by consent;
• the probationary condition must be stipulated in the employment contract;
• probation period - maximum 3 months (up to six months you can test the director, his deputy, the chief accountant and his deputy, the director of a branch or representative office);
• with a fixed-term contract, the maximum period is two weeks (if the contract period is up to 2 months, then no test is established at all).

Additional leave for a pensioner

Article 128 of the Labor Code established that a working pensioner can take administrative (unpaid) leave - 14 days a year. To do this, you need to write a leave application and the director has no right not to let him go.

By the way, if the pensioner is not due to age, but due to disability, then the administrative period can last as many as 60 days a year.

Such leave can be used at any time; it can be attached to the main one or divided into parts.

Part-time work

Here there are no restrictions regarding pensioners either, everything is according to the rules of Article 93 of the Labor Code:

• you can establish a part-time schedule (working day or week) by agreement of the director and employee;
• the director is obliged to establish such a regime if an employee is caring for a sick family member or, according to a doctor’s opinion, he cannot work the whole day.

Additional guarantees and benefits for pensioners

The Labor Code does not provide for any mandatory benefits for pensioners, but there are still ILO recommendations, which employers are not obliged to implement, but have the right to enshrine them in the collective agreement:

• changing the form of work organization if it excessively strains an older employee;
• limiting overtime work;
• modernization of the workplace in order to preserve health and prevent accidents;
• organization of health monitoring (dispensary examination).

Hiring a pensioner without a work book

attention!

Important: Even with pensioners you cannot enter into civil contracts, during the conclusion of which the relationship is not formalized, as required by the Labor Code!

If it is planned to hire a pensioner to perform a specific function for which he will receive a salary, an employment relationship arises and they must be executed strictly in accordance with the law.

And according to the rules of Article 65 of the Labor Code, a record book is kept for all employees. The exception is part-time work. If the employee doesn’t have a book, you must get one.