Punishment for pensioners and employers for working without registration

Since 2020, officially employed pensioners continue to receive insurance payments without planned indexations. The law does not apply to social pensions and state security pension recipients.

As soon as a pensioner stops officially working, pension indexation will begin. If the pensioner was officially employed, there is no need to notify the Pension Fund authorities upon dismissal. Thanks to simplified reporting, the employer will notify the Pension Fund of the Russian Federation about the termination of employment.

Truth or myth: pensioners can be fined 120 thousand rubles for working part-time →

What are the risks of unofficial employment for a pensioner?

If a pensioner is employed unofficially, reporting on him is not carried out and the citizen continues to receive an indexed pension. And if the amount is less than the subsistence level, the pensioner receives additional social benefits.

Today, tax authorities closely monitor pensioners who work unofficially. In addition to additional assessment of unpaid taxes, the pensioner will face a fine of 120,000 rubles and administrative fines for unlawfully receiving additional subsidies and benefits.

Often asked

What to do if a pensioner applying for a job does not have a work book?

Depending on the situation, there may be several options:

the work book is lost - on the basis of the application of the person being hired, issue a new one;
the work book is located in the personnel department of the main place of work - ask for a certificate from another employer and draw up a part-time contract;
draw up a civil law contract (or a work contract), explaining to the employee that vacation and sick leave will not be paid.

How to hire a disabled employee?

The law prohibits establishing restrictions on the right to employment (Article 3 of the Labor Code of the Russian Federation) and requiring documents in addition to the mandatory list established by Article 65 of the Labor Code.

Therefore, the employee may or may not present a certificate of disability. He can present an ITU certificate and an Individual Rehabilitation Program if it is necessary to provide special working conditions. Then he will have the benefit of additional unpaid leave, like a disability pensioner.

But the accountant will have to keep records of days of incapacity for work, since there is a limit on benefits paid by the Social Insurance Fund (Article 6 of Law No. 255-FZ).

The law prohibits any type of discrimination in the employment of citizens.

The constitutional right to work allows pensioners to use both their experience and their knowledge for the benefit of society. And additional contributions from the employer help increase the Pension Fund budget.

https://youtu.be/urqKUk2LlaE

Conclusions and recommendations

When working informally, a pensioner should carefully choose an employer.
A pensioner should look for places of official employment to avoid fines.
After official employment, in order to receive an indexed pension, a citizen should quit his job and then get a job again. Thus, indexation of payments occurs only for non-working pensioners.

Author

Breslav Lev Andreevich

Your comments are very important and allow us to identify truly useful materials that are interesting to a wide range of people. Don't forget to rate publications and share your opinion with other site members.

How to fire a working pensioner if he does not want to quit himself

An agreement between the parties is the most convenient way to say goodbye to an employee who formally has no reason to be fired. With a pensioner who does not want to enjoy the joys of life without daily work, you need to tactfully talk, explaining the manager’s reasons and offering financial support. Most likely, the wisdom of years will tell the employee that it is not worth fighting for a place in an organization where he is no longer needed. It will take the emotional subtlety of the employer for this conversation to take place without mutual offense.

Inconsistency with the position is the main “headache” of the employer associated with retired employees. When a person is no longer able or does not want to work as required, of course, the employer has the right to part with him. But the manager himself is not authorized to objectively assess the job suitability of employees - for this purpose, a special commission is created to certify the employee. If its verdict is “loss of certain skills,” then an employee of retirement age who is no longer suitable for his position must be offered other vacancies that will correspond to his current qualifications. As a rule, these will be lower-level positions that pay significantly less. If the employee disagrees or there are no suitable vacancies, dismissal is lawful.

Interesting: How to calculate income tax in 2020

Advantages and difficulties of working during a well-deserved rest

Currently, working after retirement has a number of advantages, namely:

first of all, the possibility of increasing subsequent pension benefits should be highlighted;
a pensioner can simultaneously receive both a pension and the corresponding salary for work;
there is an opportunity to receive other additional privileges, as well as government support;
when working in retirement, there is the possibility of obtaining a tax deduction, and in addition, obtaining a loan from a bank;
there is no likelihood that the pensioner will be dismissed from his position without any specified circumstances;
upon dismissal from a position, an elderly person will not need to work for two weeks.

Despite the many advantages, there are also some difficulties. At an advanced age, it is quite difficult to find a job, since not all employers are interested in hiring elderly employees. Difficulties arise with official employment in the absence of a work book. It is necessary to notify the Pension Fund of your intentions.

Important . An additional difficulty is that in a number of professions it is impossible to go to work after some length of service, which is why you have to look for a less profitable vacancy.

MFC

The simplest option, since these centers are focused on receiving requests from citizens. The corresponding application is submitted here, and in addition all necessary documents are attached. Subsequently, after a period of two weeks, a duplicate document will be issued. This provides for the simplest registration procedure, but in turn it takes more time to carry out the appropriate restoration measures.

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.

7 important clarifications from Rostrud on the employment of pensioners

In July 2020, Rostrud released information affecting the employment of pensioners and people of pre-retirement age.

In it, the department clarified several important points:

Registration of labor relations with persons who have reached pre-retirement age (meaning women 50 years and older, men 55 years and older) is carried out in accordance with the general procedure.
Only business qualities can be a basis for refusing to conclude an employment contract with a citizen of pre-retirement age. Reaching the specified age is also not a reason for refusal. But even if this happens, such a refusal can be appealed in court (Article 64 of the Labor Code of the Russian Federation).
The forced conclusion of a fixed-term employment contract with employees of pre-retirement age is unacceptable.
An employer does not have the right to renew an employment contract concluded with an employee for an indefinite period into a fixed-term employment contract due to the fact that the employee has reached retirement age.
The test when hiring people of pre-retirement age is carried out on a general basis in accordance with Art. 70 Labor Code of the Russian Federation. If this condition is not included in the employment contract, this means that the employee was hired without testing.
When reducing staff, the priority right to avoid this procedure remains with employees who have higher labor productivity and qualifications. In this case, reaching pre-retirement or retirement age should not limit the rights of employees when considering the preemptive right.
Pre-retirement age is not a reason to impose restrictions on hiring or other restrictions in the world of work.

Violation of the labor rights of this category of workers entails administrative and criminal liability, reminds Rostrud.

Types of employment contracts

A pensioner can be hired for a permanent or temporary job, and he can also combine several jobs. Let's consider what contracts can be concluded with pensioners:

A fixed-term contract is concluded only by agreement of the parties for a certain period and is limited by an end date. Since the conclusion of this agreement may be considered as discrimination of retirement age.
Indefinite contract - concluding an indefinite employment contract with a pensioner is no different from concluding one with any other employee. The Labor Code does not provide for any special conditions.
Employment contract on part-time work - part-time work must be performed in free time from the main job, and therefore the current employer should not worry about what the employee does in his free time. Moreover, the employee has the right to take on several part-time jobs; the Labor Code of the Russian Federation does not limit the employee in this matter.
A civil contract is concluded with freelancers. Freelance employees are workers whom the employer hires to perform a certain amount of work, to provide certain services for a certain period of time. Such employees are not included in the staff of the enterprise and no employment contract is concluded with them.

If an employee working for you reaches retirement age, but wishes to continue working, you do not need to take any special actions (for example, renew the contract). The current agreement simply continues to be in force. You do not have the right to fire an employee just because he is a certain number of years old.

Important: If the nature and conditions of work make it possible to conclude an open-ended contract, the employer does not have the right to do the opposite, because This is an administrative violation and leads to financial liability in the form of a fine.

What special rights does a retired employee have?

leave without pay

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.

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).

Probation

A probationary period is assigned.

The head of the organization has the right to establish a probationary period 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.