How to hire a pensioner

Amid the discussion of pension reform, information appeared about new proposals from the Ministry of Labor:

Tighten liability for employers, even criminal, for dismissing employees near retirement age. Although later the head of the Ministry of Labor, Maxim Topilin, stated that the ministry is not considering the option of introducing rules into the Criminal Code of the Russian Federation on the responsibility of employers for the dismissal of employees of pre-retirement age.
Conduct inspections to identify violations of the labor rights of people near retirement age (this is planned to be done throughout the reform, that is, from 2021 to 2034).
Oblige employers to report on the reasons for the dismissal of citizens of pre-retirement age in the event of dismissal by agreement of the parties or on the initiative of the employer.

They caused a lot of controversy and reactions in the business environment. But so far no concrete decisions have been made on any of them.

Pensioners and the labor market

According to Gazeta.ru, which refers to data from online recruitment services, more than 2 million pensioners are looking for work using job portals. Experts note the specific features of this category of applicants:

They agree to receive salaries 10-25% lower than people who have not yet retired in comparable positions.
Retired women are looking for work more often than men (59% vs. 41%).
Women retirees have salary expectations lower than men by almost 30%.
Most often, resumes are posted in the field of sales, administrative personnel, accounting, production and transport and logistics.
Pensioners are more interested in part-time work, for two to three days a week and for three to four hours a day, as well as home work.
The most loyal to age candidates are: manufacturing companies, catering, outsourcing call centers and employers involved in conducting surveys and telephone consultations.

The Labor Code does not provide for special requirements for the employment of retired citizens, but it is still worth paying attention to some features. In particular, Art. 3 of the Labor Code of the Russian Federation directly prohibits employers from limiting candidates’ labor rights and freedoms or giving any advantages depending on age.

Working hours and working conditions

The working hours for pensioners can be flexible and depend on what job the pensioner is applying for. Full working time. Normal working hours should not exceed 40 hours per week (Part 2 of Article 91 of the Labor Code of the Russian Federation). This applies to permanent, temporary and seasonal workers, as well as workers hired for the duration of certain work.

Pensioners are not among the persons for whom the employer is obliged to establish such a working time schedule in accordance with Part 1 of Art. 93 of the Labor Code. But this is possible at the request of a working pensioner. However, part-time working hours can also be established at the initiative of the employer.

Wages for pensioners working part-time are calculated in proportion to the time actually worked or depending on the amount of work they perform (for piecework wages)

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.

Features of hiring a pensioner

In general, hiring retirees is similar to hiring regular employees. There are only some restrictions taking into account age, they apply:

for civil servants: the age limit is 60 years, with a possible extension to 65 years (Article 25.1 of the Federal Law of July 27, 2004 No. 79).
for the positions of rector, vice-rectors, heads of branches in state and municipal educational organizations of higher education: age limit - 65 years. Persons holding these positions and who have reached the age of 65 are transferred, with their written consent, to other positions corresponding to their qualifications (Article 332 of the Labor Code of the Russian Federation).

A “classic” set of documents for applying for a job for an employee of retirement age is required. It is not necessary to provide a pension certificate. You can read more about this in the article “Hiring: 15 mistakes that employers make.”

When hiring, by agreement of the parties, a probationary period may be provided, in accordance with Art. 70 Labor Code of the Russian Federation. The employer is not obliged to establish a part-time or part-time work week for a pensioner. This obligation applies to pregnant women, one of the parents (guardian, trustee) with a child under 14 years of age (disabled child under 18 years of age), as well as a person caring for a sick family member - at their request (Article 93 Labor Code of the Russian Federation).

Also, labor legislation does not limit pensioners in the following rights:

to work at night,
for overtime work on a general basis;
to work on weekends and holidays.

Working pensioners, according to Art. 115 of the Labor Code of the Russian Federation, can apply for annual paid leave of 28 calendar days. If a retired employee is an external part-time worker, he can also count on annual paid leave.

In Art. 128 of the Labor Code of the Russian Federation specifies that the employer is obliged, on the basis of a written application from the employee, to provide leave without pay to working old-age pensioners - up to 14 calendar days a year.

Instructions for hiring a pensioner

The procedure for employing a pensioner does not differ specifically from accepting other applicants. Therefore, the following steps are implemented:

a citizen chooses an organization that requires workers
he undergoes an interview during which he lists all his existing abilities and skills
if the employer makes a positive decision, then documents are prepared confirming the citizen’s experience, education and skills
an employment contract is drawn up and signed, and it is recommended that you first study all the clauses of this document
a new employee, upon signature, gets acquainted with local regulations, job descriptions and other documents regulating work activities at the enterprise
the employer issues an order, which is signed by the new employee
the pensioner undergoes instructions on labor protection, after which he signs in the log

Only after completing all these stages can the new employee begin to perform his job duties.

What special rights does a retired employee have?

leave without pay

dismissal without work

Dismissal of a retired employee at his own request occurs without working for two weeks. This is directly stated in Art. 80 Labor Code of the Russian Federation.

vacation at any convenient time for certain categories

Some retired employees have the right to go on vacation at any time convenient for them, as well as take leave without pay for up to 35 calendar days a year. These include WWII participants and combat veterans (clause 13, clause 1, article 15 and clause 11, clause 1, article 16 of the Federal Law of January 12, 1995 No. 5-FZ).

What suits men

Popular professions for retired men:

Taxi driver . For people of retirement and pre-retirement age, working as a taxi driver is an excellent option. To do this, you need a driver's license and driving experience. If you also know your city very well, you are guaranteed to be hired. Most taxi companies provide employees with a panic button and offer cashless payment. These measures improve safety and reduce the risk of robbery that older people sometimes fear.
Doorman . Such vacancies are rare, and they hire men of presentable appearance and physique. If you find such a job and meet the conditions, feel free to apply. In more prestigious institutions there will be more requirements, you may need to do additional work, but the pay will be higher.
Locksmith . The job is suitable for those who are ready to take a full-time job or will discuss with the employer in advance a flexible schedule or half-time. As a rule, experienced mechanics are offered official employment with a full benefits package. This profession values experience, qualifications and a responsible attitude to responsibilities.
Milling operator . This type of work requires at least 3 years of experience, and responsibilities include manufacturing parts according to drawings. If health allows and vision does not fail, then a qualified milling operator will be hired, regardless of his age. The same rules apply to other blue-collar workers who are in great demand on the labor market at the moment.

Three more popular, but less prestigious vacancies are janitor, watchman and stall salesman. For a janitor and watchman, good physical condition and health are required, and for a salesperson, sociability and friendliness are required.

Documentation of employment

Hiring is carried out after reaching an agreement between the employer and the retired employee. 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 of Russia (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 applying an income certificate

Pensioner K. quit his job due to retirement. Upon dismissal, K did not receive a certificate of income for 2 years. After six months, the need arose to continue working. After being hired at the company, the employee fell ill, which was confirmed by a certificate of incapacity for work.

Upon receipt of payment, a controversial situation arose regarding the calculation of benefits during illness. The amount of average earnings was calculated based on the minimum wage. The accountant explained the situation. Due to the lack of income certificate, the amount was calculated correctly. The right to recalculation will arise after providing a certificate of income.

Urgent form of contract

The conditions for concluding a fixed-term contract are described in Art. 59 Labor Code of the Russian Federation. The legislation allows the use of an employment agreement with a limited validity period when hiring persons who have reached retirement age and have received pension benefits. The choice of contract is made by agreement of the parties and is a voluntary expression of will. The duration is specified additionally within 5 years (Article 58 of the Labor Code of the Russian Federation).

In some cases, the employer offers a pensioner working at the enterprise to enter into a contract of limited duration, which is a violation of labor legislation. The conclusion of a fixed-term contract is allowed upon initial hiring by agreement of the parties, but cannot be made for existing employees.

Persons belonging to the category of pensioners have equal rights with other citizens when concluding contracts.

Work without a work book for pensioners

Many working people of retirement age are worried about whether a pensioner working under a contract can be considered working. To avoid questions about accrual of experience, you need to take a closer look at all the features of such work.

Features of reception under the contract

Acceptance under the contract is carried out in the following cases:

part-time work;
remote work;
if the lessor is an individual;
there is a civil contract between the employer and the employee.

Hiring a person to work unofficially is punishable by law.

Advantages and disadvantages

The advantage of working under a contract is a flexible schedule, because when concluding a contract you can choose a time convenient for yourself. Also, according to the agreement, the size of the pension will not be cut.

The disadvantages include:

lack of sick leave, inability to get vacation, cash benefits due to pregnancy or compensation due to an injury at work;
length of service is not accrued;
there will be no bonus;
the employer will not make contributions to the pension fund or pay for health insurance;
the pensioner himself is responsible for paying taxes from his salary;
You can terminate the contract at any time;
the employer has the opportunity to illegally fire without paying wages;
the employee may be fined.

Responsibility for violations

The employer is responsible in accordance with tax and criminal law for hiring employees unofficially. He may also be punished for lack of payments to the Social Insurance Fund and the Pension Fund of the Russian Federation.

Termination of an agreement

An employee who wishes to resign must notify the employer in writing two weeks before the date of dismissal. The employer has the right to dismiss an employee and terminate the employment contract in the event of liquidation of the enterprise, violations on the part of the employee, inconsistency of the employee with the position held, etc.

Nuances of employment agreements

Hiring a pensioner is carried out in accordance with labor legislation. Legislation provides for pensioners the benefits of vacation leave upon dismissal. When applying for a job with a person of pension status, one of the established types of contracts is concluded:

Perpetual, having an unlimited period of validity.
Urgent, limited by an end date.
Part-time work concluded in the presence of a main place of employment.
A contract issued for the performance of economic and similar work.
Civil law nature (GPC), used to implement a specific task within a limited period.

The type of contract is determined by agreement of the parties. When choosing, the principle of equal rights of citizens is implemented. To conclude certain types of agreements, a basis is required - the presence of special conditions, for example, replacing an absent employee for external part-time contracts.

An example of a violation of the law

When hiring a pensioner, the employer entered into an agreement in the form of a GPC. Job responsibilities were not temporary in nature with a specified duration and scope. By concluding a form of agreement in the form of GPC, the employee is deprived of a number of benefits, and the employer receives illegal benefits. Conclusion: the employer violated labor laws. The employment procedure may be challenged in court.