For expectant mother 

Fixed-term employment contract with a pensioner. Who is a disabled citizen? Considered a senior citizen

Disabled citizens- these are citizens who do not have the ability to work for a long time or on a regular basis, even from childhood.

Dependents- these are persons living at the expense of other family members, citizens, or receiving regular sponsorship from them, thanks to which they lead their existence.

  • In the category of disabled citizens, in accordance with the Federal Law of December 15, 2001 N 166-FZ"On state pensions in the Russian Federation" includes: retirees (general rule: men - 60 years old, women - 55 years old; in the regions of the Far North, the retirement age is reduced by five years), who, receiving a pension, do not carry out labor activities.
  • The category of disabled people also includes disabled people, crippled children, persons who have not reached the age of majority, as well as, among other things, everyone who, after reaching 18 years of age, is in full-time education in an educational institution of any type and type without taking into account their organizational and legal management, the number of which includes foreign educational institutions that are located outside the borders of the Russian Federation, at the hour when the appointment for the study took place under an international agreement. Until the end of their studies, but no later than the completion of the age of 23 years.

Exceptions include educational institutions of additional education.

  • Also, persons who have lost one or both guardians, children of deceased single mothers, representatives of small northern peoples who have reached the age of 50 for women and 55 for men, persons who have reached the age of 60-65 without the right to a pension predetermined by law.

Disability concept

The concept of incapacity for work was introduced at the disposal of the Plenum of the Supreme Court of the USSR on 07/01/1966. In agreement with him, residents who have reached retirement age and receive a pension are considered disabled (for women, these years are 55 years, for men - 60 years), persons with disabilities of I, II, III groups are autonomous from whether they have been assigned a pension payments for years or disability, and in addition, persons who have not reached the age of majority.

Disability is introduced by a notary after presenting him with an identity certificate, a Pension certificate, a certificate from a medical and social expert commission.

Who is considered a disabled heir?

In accordance with this law of the Russian Federation, the legal position of a disabled dependent in the inheritance rules has undergone some adjustments.

The legal status is established in Article 1148 of the Civil Code of the Russian Federation, where it is noted that:

  • persons who are legal heirs, in accordance with article 1143-1145 of the Civil Code of the Russian Federation, who are disabled by the time of the opening of the heritage, but do not enter the list of those heirs who are called to inherit, can inherit by law together with the successors of the specified list, if earlier were kept by the testator for at least a year before his death. In this case, cohabitation with the testator does not matter.

Mandatory pensioner's share

Residents who have reached retirement age and do not work are disabled citizens and receive pension payments. However, some scientists and workers consider it necessary to recognize as disabled even persons of retirement age who are engaged in labor activity.

Caring for disabled citizens

In the legislation of the Russian Federation, the Rules for the execution of regular compensatory payments to non-working citizens belonging to the working population, which provide care for disabled persons, have been adopted.

Funding for the costs incurred by the monthly compensatory payments for unemployed and able-bodied persons who provide care for disabled residents comes from the federal budget allocated for this purpose annually.

The criteria for the execution of payments are specified in accordance with the Decree of the Head of the Russian Federation of December 26, 2006 No. 1455 "On compensation payments to persons caring for disabled citizens."

  1. monthly compensatory funds for persons living in the territory of the Russian Federation caring for residents with disabilities of group 1, disabled children who have not reached the age of majority and elderly citizens who need outside care in accordance with the decision of a medical institution or who have reached the age of 80, amount to 500 rubles.
  2. compensatory payments are assigned to the pension allocated to the disabled population, during the performance of his care in the order established for the payment of the corresponding provisions.
  3. reimbursement funds are assigned to citizens providing care, in sovereignty from family ties and cohabitation with a disabled person.
  4. compensatory payments are established and implemented by the department responsible for the distribution and payment of pensions to disabled persons.

Questions and Answers

1. What are the groups of disabled dependents?

The legislation emphasizes two groups of dependents who are unable to work:

  • the first- persons who are successors at the legislative level and included in the list of heirs of the second-seventh priority.
  • second- persons belonging to the successors of the eighth priority.

2. Who is eligible for proof of incapacity for work?

  • Minors under the age of 16. At this age, labor capacity begins, that is, the time when a citizen has the right to fully carry out work practice, but there are exceptions.
  • students of general educational institutions and institutions of primary vocational education, excluding adults.
  • students of educational bodies of secondary and higher vocational education conducting full-time education, until the onset of the age of 23 years.
  • Citizens with disabilities of groups 1 and 2, which is established by the decision of the medical commission of a specially authorized department - the institution of medical and social expertise. Persons with disabilities of group 3 have every chance of getting incapacity for work due to the characteristics of the disease.
  • persons who have reached retirement age, who are not working at the time of receiving pension payments. This issue is quite controversial in theoretical research and law enforcement practice. Some scientists consider it necessary to recognize as disabled even retirees in labor.
  • In the legislation of the Russian Federation, disabled citizens are considered to be persons who are not able to perform labor activities for various reasons, the list of which includes old age and health problems. Such citizens have the right to care from an able-bodied person who will receive material benefits during the care. Disabled citizens should not be confused with dependents who live at the expense of others, or who receive regular assistance from them, thanks to which they live.

An application for the conferment of this title, together with the necessary submitted documents, is sent to the executive authority within 10 days. The decision on awarding the title is made within 15 days from the date of receipt of the application. If the applicant is denied the title of Veteran of Labor, he is notified of this within 5 days, and a formal refusal is sent to the social protection body to which the application was submitted, indicating the reasons.

Every veteran should know that conferring the honorary title of Labor Veteran is the responsibility of social support services even after the adoption of Federal Law No. 122. In order to receive this title, do not wait for retirement age, collect all the necessary documents and go to the social security department at your place of residence.
Required documents:
An award document confirming your right to the title (in the department of social protection there is a list of applicants for this title);
Passport;
Labor book, certificates of archival organizations, if required.

Categories of federal beneficiaries

  • awarded the title of Hero of the Soviet Union, Hero of the Russian Federation or Commander of the Order of Glory of three degrees (full Commander of the Order of Glory);
  • family members of deceased (deceased) Heroes or full holders of the Order of Glory (widow (widower), parents, children under the age of 18, children over 18 who became disabled before they reach the age of 18, and children under the age of 23 studying in educational institutions for full-time education);
  • awarded the title of Hero of Socialist Labor, Hero of Labor of the Russian Federation or awarded the Order of Labor Glory of three degrees (full holders of the Order of Labor Glory)

In accordance with the current legislation of the Russian Federation, citizens from among veterans, disabled people, including disabled children, former juvenile prisoners of fascism and persons exposed to radiation as a result of radiation accidents and nuclear tests, are paid monthly cash payments to the Pension Fund of Russia.

Benefits for labor veterans for 2020

According to the federal law "On Veterans" (version of the law of July 1, 2013), after a veteran is awarded a pension, he receives the right to use state clinics for free, as well as the right to receive full and qualified treatment in municipal and state healthcare institutions.

- payment of 50% of the total living space occupied by the beneficiary (for a communal apartment - the occupied living space by this person, within the social norm established by law (it also applies to family members of veterans living with them);

What does it mean - a federal pensioner? How they become

Federal means state, since Russia is a federal strange and therefore, in order to become a federal pensioner, you need to be a civil servant for at least 15 years of service. Also federal employees receive a very good pension of about 75-85% of their salary pension.

In order to become a "federal pensioner" you need to be in the public service for at least 15 years. The list of positions is in the law, it is quite long. Such a pension can also be received by managers and specialists of enterprises, if they have made a special contribution to the development of the economy and production. These pensioners are assigned up to 75% of the official salaries, and military personnel - up to 85%.

What benefits should a federal labor veteran have by law?

To obtain the veteran title, a citizen must write an application and apply with it to the local social security authorities. A passport is attached to this application, as well as documents confirming the presence of the necessary work experience and awards, giving the right to the veteran title.

  • Persons who started working as a minor during the war years. At the same time, the length of service must be at least 40 years for men, and for women it must be at least 35 years.
  • To persons holding honorary labor titles of the USSR, as well as those who have been awarded a medal or order for labor merit. At the same time, they must have sufficient work experience to receive a seniority pension.
  • To persons awarded with departmental badges for labor merit. It is important to remember that each award sign, be it an order or a medal, must be accompanied by a certificate confirming that the veteran is indeed the owner of this award. The lack of a certificate may become the basis for refusal to obtain a title and grant benefits.

Federal pensioner

Viktor Zubkov announced his intention to carry out structural and personnel reforms in the government. “The structure of the government, I think, is imperfect, the administrative reform has not been carried out very effectively,” the candidate for prime minister said. He said that "structural changes will be required, and we will also look at the personnel structure."

The new prime minister of Russia on Friday will be Viktor Zubkov, who now heads the Federal Financial Monitoring Service. Mr. Zubkov, who will turn 66 on Saturday, is the oldest official among members of the government, heads of federal services and agencies. A person from the closest circle of the president, he is able to accompany the parliamentary and presidential elections with an anti-corruption campaign and even become an “interim” head of state until Vladimir Putin returns to power after the 2008 elections.

State support for federal beneficiaries

  • free right to receive housing or monetary compensation for its improvement;
  • the possibility of obtaining an additional vacation in the amount of 14 calendar days;
  • receiving unemployment benefits in the amount of 100% of the average earnings at the last place of work;
  • extraordinary entry into housing and other cooperatives as needed;
  • cash surcharge on the occasion of a demotion at work. The reason for this is deterioration in health or disability;
  • extraordinary admission to kindergartens of children, one or both of whose parents belong to this category.
  • benefits (of the first, second and third groups) in cash. An example of this is tax breaks;
  • in kind. Examples of this are: the right to free travel on public transport, the right to receive free medication, and the free provision of all essential food items;
  • moral aspect. This means the right to extraordinary service in any institution.

The title of Veteran of Labor of federal significance how to get

If the candidate fully complies with the requirements of the federal law, then within 30 days he will be informed of the decision. The same amount will be required to consider the application and in case of refusal. It should be noted that these terms may differ slightly in some regions.

Certification can be provided, of course, only in case of a positive decision in favor of assigning the status of "Veteran of Labor of Federal Significance". How to get this document, you can again find out from the social protection authority, but in general this is a simple procedure. The certificate is issued within three days from the date of confirmation of the status.

Federal Labor Veteran

  • labor activity from an early age (up to 18 years) during the Great Patriotic War;
  • persons who have received awards, namely medals and orders for labor activity in the USSR, RF;
  • categories of persons who were awarded distinctions for active work;
  • work experience of more than 40 years for men and 35 years for women.
  • Tax: no need to pay property tax; pension payments and allowances are not taxed; 20% refund of money when buying a home.
  • Transport: free use of public transport throughout the country; payment of 50% of the price of travel by water, rail.
  • Utility: compensation of 50% of the amount of utility bills for water, gas, electricity, garbage disposal, operation of television or radio antennas.
  • Medical: free production and repair of dentures in state dentistry (the benefit applies only to services, not material); free medical care in
    public clinics and hospitals; full treatment in healthcare institutions.
  • Workers: vacation can be chosen at any convenient time; upon dismissal, the employer is obliged to pay compensation to the VT FZ; rest once a year at your own expense.

State benefits for labor veterans of federal significance

  1. Payment for half of the entire occupied area and housing according to the social norm, which is approved by the laws of the constituent entity of the Russian Federation, including members of the family of labor veterans;
  2. 50% payments for electricity, water and gas supply, telephone communications, radio, common satellite dish;
  3. In the absence of central heating, veterans are supposed to pay half the cost of fuel and transportation costs upon delivery. At the same time, the preferential charge does not depend on the form of the housing stock, and delivery is carried out in the first place.

Providing retirees of the veteran category with opportunities for unpaid relocation within any city in the country applies to all types of vehicles, with the exception of taxis. The veteran can use suburban and intercity road transport free of charge. A person with a certificate of a labor veteran must pay half of the cost of the tariff when he needs to use the water or rail, suburban routes.

Unfortunately, but for various reasons, a person who is at retirement age continues to carry out his labor activity.

I wonder if such citizens retain everything that is due to an ordinary pensioner?

What legislation regulates this entire process?

Let's consider all this in more detail.

Legislative regulation

If speak about legislation that regulate this issue, then we are talking about such as:

  1. Federal Law No. 76, which regulates the issue of providing who carry out their labor activities after retirement;
  2. Federal Law No. 173, in particular Article 18, which regulates the issue of pension provision itself, more precisely, the possibility of recalculating this amount annually;
  3. The Labor Code of the Russian Federation, in particular Article 80, which clearly defines the possible reasons for the dismissal of citizens of retirement age;
  4. Labor Code of the Russian Federation, in particular Article 128, which provides an opportunity for working pensioners to draw up;
  5. Article 217 of the Tax Code of the Russian Federation and the Order of the Ministry of Health, which regulate the possibility of obtaining medical drugs at a discount for working pensioners;
  6. Article 218 of the Tax Code of the Russian Federation, which regulates the issue of tax deduction on the income of working pensioners.

In addition to this basic list of legislative norms, at the regional level, local governments can pass local bills that complement the state benefits of working pensioners.

List of benefits

In 2017, working pensioners are eligible to apply for benefits of these types:

Let's consider each of them separately.

Pension

If we consider benefits from this category, then working pensioners have every right to annually submit an application to the Pension Fund for recalculation their . The key reason for this is the additional retirement points that retirees receive from formal employment.

Many people are interested in the question - how are the points calculated? It's pretty simple. If a pensioner works officially, his employer makes social insurance and tax contributions for this pensioner. For this reason, the working pensioner adds points that have not yet been taken into account when calculating his pension benefits.

It should be noted that recalculation at the request of such citizens is carried out not later than August.

Labor

The main benefit for working pensioners in this category is considered to be the possibility of obtaining additional leave... Unfortunately, this type of vacation will not be paid, but at the same time it can be issued for a period of up to 2 weeks.

For some categories of working pensioners, in accordance with Article 128 of the Tax Code of the Russian Federation, the duration of additional vacation can be increased from 1 to 2 months. But let's talk about this a little below.

In addition to this benefit, it is necessary to remember about one more, no less important. It concerns those retirees who do not work officially, but plan to find a job in the near future. Its meaning is that such pensioners can apply to the Employment Center at their place of residence and, with the help of this body, improve their qualifications free of charge, or even get a new profession free of charge. When training a pensioner, everything is paid by the state, but on condition that he will then work in the newly acquired specialty.

Tax

Working pensioners have practically the same tax benefits as non-working category of pensioners.

In particular, we are talking about the following types benefits. Implementation in the case of the purchase of any real estate, or land, which is intended for the construction of a residential building.

Besides, deduction is provided and in the case of the sale of real estate in the following amounts:

  • 2 million rubles for the actual expenses when buying residential real estate, land. In addition, this also includes: the implementation of major or finishing repairs and so on;
  • 3 million rubles for real interest that was paid when paying off accounts payable. It should be understood that this includes both consumer loans and mortgages;
  • 1 million rubles, which were received as a result of the sale of their own real estate.

Working pensioners completely exempt from personal income tax.

More specifically, we are talking about such types of income :

  • pension provision;
  • the cost of a voucher to a medical sanatorium, which was purchased at its own expense;
  • provided directly by the employer.

In addition to these basic benefits, regional local governments can expand this list at the expense of funds from the local budget.

Social

As such, there are no social benefits that would have been established at the state level, but at the same time in all regions of our country, in this area regional benefits are provided, namely:

  • provision of free travel on public transport;
  • the possibility of free travel on suburban trains and so on.

At the same time, there is no need to rejoice, since this list of benefits may not be provided for all categories of working pensioners, but for example, labor veterans or disabled people.

Medical

Working pensioners in the medical field may qualify for the following benefits:

  • full medical examination every 3 years;
  • working retirees over the age of 60 are eligible for a free annual flu vaccine.

Despite the fact that the list of benefits is small, some categories of working retirees are entitled to receive free medical drugs according to the prescription of their doctor. But let's talk about this below.

Other possible benefits

The rest of the benefits can still include some of the labor sphere.

By the decision of the employer, working pensioners have the right to rely on reduction of the working week or the working day itself... Despite the fact that this privilege can come exclusively at the request of the employer himself, some categories of working retirees can receive it according to the current labor legislation.

For example, the state provides for the possibility of a shortened working week or working day for those working pensioners who:

  • caring for one of the disabled family members;
  • are disabled of 1 or 2 groups. It is worth noting that disabled persons of group 1 can work exclusively in special centers that provide for such an opportunity.

To receive any such benefits, you must first obtain permission from the direct employer. But, as practice shows, many employers independently offer a reduction in the working day to their retirees, since in this case wages are significantly reduced.

What benefits are deprived of working pensioners

If we talk about the benefits that working pensioners are deprived of, then this is an opportunity to receive. This is due to the fact that the state supplement is paid only to those pensioners who receive a monthly income less than the established one, and since working pensioners receive wages in addition to their pension, their income clearly exceeds the subsistence minimum.

If we talk about other benefits, then restrictions can only be by order of local self-government bodies, since they provide and suspend certain benefits.

Regional features

Many working retirees who live either in Moscow, or in St. Petersburg ask the same question - what benefits are available in their regions?

The benefits of these regions are the same, so consider the list in a combined version:

  • provision of free travel on public transport. In particular, we are talking about: trams, buses, trolleybuses and the subway;
  • 50% discount on utility bills. It should be noted that the discount is provided to those working pensioners who have: a certificate, or other state awards.

In addition, working pensioners have the right to receive discounts on the purchase of medicines on prescription from a doctor, and discounts on long-distance train tickets. To obtain these benefits, you must contact the territorial body of social protection of the population.

It is also worth noting that similar benefits are valid in other regions of our country. In order to find out a specific list of benefits, you must apply to the territorial body of social protection population at their place of residence.

Additional assistance for various categories of retirees

Military

According to Federal Law No. 76 working military pensioners has the right to use such benefits:

  • receiving free medical services in departmental medical institutions;
  • for extraordinary employment in civilian specialties;
  • extraordinary of their children and grandchildren;
  • registration on the line of "citizenship";
  • receiving free living space if the pensioner was found to be in need of it;
  • Free receipt of a travel ticket for no more than 1 time per year in both directions.

Labor veterans

Working pensioners from this category, in addition to the main list of benefits, have every right to count on additional free vacation for up to 1 calendar month.

Besides:

  • free medical services;
  • 50% discounts on the purchase of medicines;
  • free travel on public transport except for taxis.

Disabled

According to the Labor Code of the Russian Federation, working pensioners who have the right to such benefits:

In addition, disabled working pensioners have the full right to such fringe benefits:

  • extraordinary admission to higher educational institutions;
  • get exemption from transport and land tax;
  • count on free medical services;
  • receive ;
  • receive either monetary compensation for them.

SP

As such, benefits for a pensioner who have no open IE. According to the current legislation, he is obliged to make all tax contributions on a general basis.

However, there is still a positive moment, despite the individual entrepreneur, the pensioner will receive the pension provision assigned to him.

The benefits for working pensioners of the Rostov region are described in the following video:

Many citizens of the Russian Federation, when the retirement age approaches, do not plan to end their labor activity and, at the same time, show concern about the appointment of the pension payments due to them. This article will allow you to get answers to most of the questions that arise and increase your literacy in matters related to pension payments.

Who can be considered working retirees?

A working pensioner is considered to be a citizen of the Russian Federation who receives an old-age pension, and at the same time is in an employment relationship with an employer or belongs to the category of the self-employed population. A working pensioner must be an insured person who is subject to compulsory pension insurance in accordance with Federal Law No. 167-FZ dated 15.12.2001 “On Compulsory Pension Insurance in the Russian Federation”.

According to Article 7 of the Federal Law of December 15, 2001, No. 167-FZ, the insured persons are:

  • citizens of the Russian Federation;
  • citizens of foreign states permanently or temporarily residing in the territory of the Russian Federation;
  • stateless persons permanently or temporarily residing in the territory of the Russian Federation;
  • citizens of foreign states temporarily staying in the territory of the Russian Federation;
  • stateless persons temporarily staying in the territory of the Russian Federation.

Article 7 of the Federal Law of 15.12.2001, No. 167-FZ provides a detailed explanation in relation to the insured:

  • working under an employment contract, including heads of organizations who are the only participants (founders), members of organizations, owners of their property or under a civil law contract, the subject of which is the performance of work and the provision of services (with the exception of persons studying in educational institutions of secondary professional, higher professional education in full-time education and receiving payments for activities carried out in the student team under labor contracts or under civil law contracts, the subject of which is the performance of work and (or) the provision of services), under a copyright contract, as well as authors works that receive payments and other remuneration under agreements on the alienation of the exclusive right to works of science, literature, art, publishing licensing agreements, licensing agreements on granting the right to use a work of science, literature, art;
  • independently providing themselves with work (individual entrepreneurs, lawyers, arbitration managers, notaries engaged in private practice, and other persons engaged in private practice and who are not individual entrepreneurs);
  • members of peasant (farmer) households;
  • working outside the territory of the Russian Federation in the event of payment of insurance premiums in accordance with Article 29 of this Federal Law, unless otherwise provided by an international treaty of the Russian Federation;
  • who are members of family (tribal) communities of small peoples of the North, Siberia and the Far East of the Russian Federation, engaged in traditional economic sectors;
  • clergymen;
  • other categories of citizens for whom compulsory pension insurance relations arise in accordance with this Federal Law.

Example:

Pensioner Valentina Fedorovna decided to help a young family living in the neighborhood, accompanied by the children from school to the pool. For this service, Valentina Fedorovna receives a monetary reward, but at the same time no labor relations arose between the pensioner and the young family. Due to the absence of labor relations, Valentina Fedorovna cannot be considered as a working pensioner, despite the fact that she provides services for accompanying children on a daily basis.

Is a pension granted to working pensioners?

Determination of the size of the pension

To determine the size of the pension, it is necessary to understand the mechanism for calculating the payment. According to the legislation of the Russian Federation, pension payments consist of:

  • insurance pension;
  • fixed payment.

The Government of the Russian Federation in its Resolution No. 36 dated January 19, 2017 determined the amount of the fixed payment to the old-age insurance pension from 01.02.2020 amounted to 5686.25 rubles.

The amount of the insurance pension depends on:

  • the individual number of retirement points;
  • the value of the retirement point.

The number of retirement points depends on:

  • the number of accrued and paid insurance premiums to the Pension Fund of the Russian Federation;
  • work experience.

The value of the retirement point is established by law. So, according to the Decree of the Government of the Russian Federation No. 36 of January 19, 2017 No. the cost of one retirement point from 02/01/2020 amounted to 93 rubles.

Opportunities for retirees by deferring the receipt of pension payments.

A working pensioner on a voluntary basis has the right to refuse to receive a pension, having received in a year:

  • 10 points on an individual personal account;
  • an increase in the size of the fixed payment by 1.056 times;
  • an increase in the estimated insurance pension by 1.07 times.

A working pensioner can exercise this right for a period not exceeding 10 years.

To stop or resume the payment of a pension, a pensioner must contact the body that carries out pensions at the place of residence:

When the payment of the insurance pension is restored, the amount of the insurance pension is revised. If the amount of the insurance pension is less than at the time of termination of the payment, the pensioner will be reinstated the insurance pension in a higher amount.

Indexation of pensions for a working pensioner

It must be remembered that according to Art. 26.1 of the Federal Law of December 28, 2013 No. 400-FZ "On Insurance Pensions" (with amendments and additions) fixed payment to the insurance pension (taking into account the increase in the fixed payment to the insurance pension), including those received in connection with recalculation, ... are paid in the amount calculated in accordance with this Federal Law, excluding the indexation (increase) of the fixed payment to the insurance pension ... taking place during the period of work and (or) other activities ".

Pension indexation for a working pensioner occurs in full after the termination of employment. The pension payment, taking into account indexation, will be provided to the recipient only 3 months after the termination of employment. This is the period required by the Pension Fund of the Russian Federation to process information in relation to a specific person (

The proposed material contains useful information about the peculiarities of the relationship between the employer and the retired employee. This is especially important in light of the dynamics of the pension reform. A working pensioner is a sign of the times. Work for a pensioner already a necessity. Therefore, once again, it is always helpful to clarify today's labor standards.

Retired employees are responsible and reliable. A skilled and experienced worker is a real treasure for any employer. In the article we will talk about some of the features labor relations with pensioners.

In Russian legislation, there are three categories of pensioners:

Old age pensioners;

Military retirees;

People with disabilities receiving a pension.

In this article, we will consider the features of labor relations with old-age pensioners.

Who is considered a senior citizen

According to clause 3 of the Definition of the Constitutional Court of the Russian Federation of 05.15.2007 N 378-O-P, old-age pensioners include persons who have reached retirement age, who, in accordance with pension legislation, have been assigned an old-age pension. If the pension has been assigned due to other circumstances, such a citizen is not considered an old-age pensioner. Men who have reached the age of 60 and women who have reached the age of 55 have the right to a labor retirement pension (clause 1 of article 7 of the Federal Law of December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation").

However, in some cases, an old-age labor pension is granted until the specified age is reached:

Persons working in special conditions. Lists of relevant jobs, industries, professions, positions, specialties and institutions are listed in the Decree of the Government of the Russian Federation of July 18, 2002 N 537;

Some categories of workers listed in Art. Art. 27 and 28 of Law N 173-FZ (for example, men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked for at least 15 calendar years in the Far North regions or at least 20 calendar years in equivalent areas and have insurance experience, respectively, at least 25 and 20 years);

Unemployed citizens dismissed in connection with the liquidation of an organization, a reduction in the number or staff and who, regardless of interruptions in their work activities, have work experience, which gives the right to retire on old age, but not earlier than two years before the retirement period established by the legislation of the Russian Federation (p. . 2 article 32 of the Law of the Russian Federation of 19.04.1991 N 1032-1 "On employment of the population in the Russian Federation").

Please note: a citizen who has reached retirement age, but who has not been assigned a pension for various reasons, is not considered a pensioner (clause 3 of the Definition of the Constitutional Court of the Russian Federation of 05.15.2007 N 378-O-P).

Features of employment of pensioners

According to Art. 3 of the Labor Code, everyone has equal opportunities to exercise the right to work. For example, no one can be limited in labor rights and freedoms or receive any advantages due to age (part 2 of article 3 of the Labor Code of the Russian Federation). Therefore, in general, the rules for the recruitment of retirees are similar to those applied to ordinary workers.

However, the legislation provides for two restrictions related to the age of the applicant. For civil servants, the age limit for civil service is 65 years (subparagraph 4 of paragraph 2 of article 39 of the Federal Law of 27.07.2004 N 79-FZ "On the State Civil Service of the Russian Federation"). For the positions of heads of universities (rector, vice-rectors, heads of branches, deans of faculties), candidates under the age of 65 can be elected (part 12 of article 332 of the Labor Code of the Russian Federation). Upon reaching this age, employees holding these positions should be transferred, with their written consent, to other positions that correspond to qualifications.

What agreements can be concluded with a pensioner

An employer can conclude with a senior citizen:

An employment contract for an indefinite period;

Fixed-term employment contract (including a contract for up to two months);

A civil contract (for example, a work contract or paid services). When concluding such an agreement with a pensioner, the employer must warn him that vacation and sick leave will not be paid in this case.

A pensioner can work in an organization and part-time.

Consider what rights a pensioner will have, depending on the type of employment contract.

Indefinite labor contract

The legislation does not provide for any peculiarities of concluding an employment contract for an indefinite period with retired workers.

The list of documents required to conclude an employment contract is given in Art. 65 Labor Code:

Passport or other identity document;

Employment history;

Insurance certificate of state pension insurance;

Military registration documents (for pensioners liable for military service).

If a pensioner enters a job requiring special knowledge or special training, he must also submit a document on education, qualifications or special knowledge. In some cases, taking into account the specifics of the work, it may be necessary to present additional documents, for example, on the state of health (part 2 of article 65 of the Labor Code of the Russian Federation).

An elderly employee is not required to present a pension certificate.

Fixed-term employment contract

Fixed-term contract - only by agreement. If a pensioner wants to get a job, employer can conclude a fixed-term employment contract with him. In this case, a fixed-term contract can be concluded only by agreement between the employee and the employer (part 2 of article 59 of the Labor Code of the Russian Federation).

note: if an employee working in an organization has become a retiree, he does not need to be fired and a fixed-term employment contract should be drawn up. Otherwise, in accordance with Part 1 of Art. 5.27 of the Code of Administrative Violations, an organization can be fined for violation of labor legislation and labor protection.

An employment contract concluded for the performance of seasonal work can be classified as urgent. When drawing up such an agreement, the employer should warn the employee that paid vacation is provided to him or compensation for unused vacation is paid at the rate of two working days per month of work (Article 295 of the Labor Code of the Russian Federation). If the employee did not use the vacation or he is not granted vacation with subsequent dismissal, he will receive appropriate monetary compensation (part 1 of article 126 of the Labor Code of the Russian Federation).

If the employer insists on a fixed-term employment contract... A forced limitation of the term of an employment contract with a retired employee is unacceptable. That is, the employer does not have the right to insist on concluding a fixed-term contract if the nature of the work ahead and the conditions for its implementation allow concluding an open-ended employment contract. If the court subsequently establishes that the employee was forced to enter into a fixed-term contract, such a contract will be recognized as an indefinite contract (concluded for an indefinite period). This is stated in clause 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2.

In addition, the court recognizes a fixed-term contract as perpetual if, at the end of its validity period, the organization concludes with a pensioner a similar fixed-term contract with the same labor function as before. For violation of the rules for drawing up a fixed-term employment contract, the company can be fined. The amount of the fine for a legal entity is from 30,000 to 50,000 rubles. In addition, the suspension of the organization's activities for up to 90 days is used as a punishment (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Employment record. In the work book of a retired employee, an entry for employment should be made in a general manner (that is, without indicating that a fixed-term contract has been concluded) in accordance with clause 3.1 of the Instruction approved by the Resolution of the Ministry of Labor of Russia dated 10.10.2003 N 69.

Probation

The possibility of establishing a probationary period for employment is provided for by Art. 70 of the Labor Code.

You can test a pensioner. Pensioners are not included in the list of persons for whom a test at hiring is not established (part 4 of article 70 of the Labor Code of the Russian Federation). This means that the general rules apply to them:

A probationary period can be established only by agreement of the parties (part 1 of article 70 of the Labor Code of the Russian Federation);

The condition on the probationary period must be included in the text of the employment contract (otherwise it is considered that the pensioner was hired without a probationary period) and in the order for hiring (parts 1 and 2 of article 70 and part 1 of article 68 of the Labor Code of the Russian Federation ).

The duration of the test depends on the type of contract concluded.

An employment contract for an indefinite period. As a general rule, the probationary period should not exceed three months (part 5 of article 70 of the Labor Code of the Russian Federation). But if a pensioner gets a job as a manager, his deputy or chief accountant, the duration of the test can be increased to six months (part 5 of article 70 of the Labor Code of the Russian Federation).

A fixed-term employment contract for a period of two to six months or for the period of seasonal work. The probationary period cannot exceed two weeks (part 6 of article 70 of the Labor Code of the Russian Federation)

Fixed-term employment contract for up to two months. When concluding this agreement, a probationary period cannot be established (Article 289 of the Labor Code of the Russian Federation).

Part-time pensioner

In an employment contract with a part-time job, it is necessary to indicate that the job is part-time. This is stated in Part 4 of Art. 282 of the Labor Code.

Part-time retirees are entitled to the same guarantees and compensation as ordinary workers. For example, they are entitled to annual paid leave, sick leave pay and compensation for unused leave upon dismissal.

Information about part-time work can be entered in the work book at the place of main work (part 5 of article 66 of the Labor Code of the Russian Federation).

A certified copy of the work record book. When applying for a job as an external part-time worker, a pensioner must present the documents listed in Art. 283 of the Labor Code. The list of these documents differs from the list of documents presented at the conclusion of the main employment contract. So, it is not required to present a work book and military registration documents (part 1 of article 65 of the Labor Code of the Russian Federation). However, for the appointment of temporary disability benefits, you will need a copy of the work book certified at the place of main work.

Why is it worth presenting an insurance certificate of state pension insurance. The insurance certificate of state pension insurance is not included in the list of documents required for concluding a part-time employment contract. However, in the interests of a part-time pensioner, the employer may ask to submit it for the purpose of calculating pension contributions. The accrual of pension contributions and their proper accounting in the compulsory pension insurance system will allow the elderly worker to qualify for the subsequent recalculation of the pension and an increase in its size.

Pension insurance for a working pensioner

Working pensioners, like ordinary workers, are subject to compulsory pension insurance (clause 1 of article 7 of the Federal Law of December 15, 2001 N 167-FZ "On Compulsory Pension Insurance in the Russian Federation", hereinafter - Law N 167-FZ). At the same time, it does not matter under what contract they work - an employment contract or a civil law contract (clause 1 of article 7 of Law N 167-FZ). This means that for wages and other remuneration paid to working pensioners, the employer is obliged to accrue pension contributions (clause 1 of article 236 and clause 1 of article 237 of the Tax Code of the Russian Federation, clause 2 of article 10 of Law N 167-FZ).

In 2009, contributions are charged at the rates established in paragraphs. 1 p. 2 art. 22 of Law N 167-FZ. For employees born in 1966 and older, contributions are transferred at a rate of 14% and only to finance the insurance part of the pension (clause 2 of article 22 of Law N 167-FZ).

In accordance with paragraph 2 of Art. 24 of Law N 167-FZ, the employer is obliged to transfer insurance premiums for the previous month by the 15th day of each month. If the premiums are paid late, then for each calendar day of delay, penalties will be charged starting from the day following the established day of payment of insurance premiums (clause 4 of article 26 of Law N 167-FZ). And for non-payment or incomplete payment of pension contributions, the employer can be fined in the amount of 20% of the unpaid amounts of insurance contributions (clause 2 of article 27 of Law N 167-FZ).

Please note: from January 1, 2010, the above procedure for calculating and paying insurance pension contributions will change in connection with the entry into force of the Federal Law of 24.07.2009 N 213-FZ. We will tell you more about this in the next issues.

The employer, at the request of working pensioners, is obliged to provide them with information on the transfer of contributions to the Pension Fund (clause 1 of article 15 of Law N 167-FZ).

Pensioners do not belong to persons for whom the employer is obliged to establish such a working time regime 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 work can also be established at the initiative of the employer. The latter has the right to unilaterally introduce this regime for a period of up to six months, if, due to organizational and technical measures carried out in the company, which entailed significant changes in working conditions, there is a likelihood of mass layoffs of employees. This is stated in Part 5 of Art. 74 of the Labor Code.

Salaries for pensioners working part-time are calculated in proportion to the hours actually worked or depending on the amount of work they have completed (with piecework pay) (part 2 of article 93 of the Labor Code of the Russian Federation). Part-time work is also paid (part 1 of article 285 of the Labor Code of the Russian Federation). This means that their wages may be less than the minimum wage. At the same time, all additional payments and allowances to the salary should be taken into account in the composition of wages, that is, all types of payments listed in part 1 of Art. 129 of the Labor Code, namely:

Additional payments and allowances of a compensatory nature, for example, for work in special climatic conditions;

Incentive payments (additional payments and incentive payments, bonuses, etc.).

In addition, according to Part 3 of Art. 93 of the Labor Code, part-time work does not entail any restrictions on the labor rights of workers. For example, the employer must provide the main paid leave of 28 calendar days for both full-time and part-time employees.

Reduced working hours. If a working old-age pensioner is simultaneously a disabled person of group I or II, the duration of his working time should be no more than 35 hours per week (part 1 of article 92 of the Labor Code of the Russian Federation). The wages of such workers are calculated in the same amount as for the full duration of weekly work. This follows from Part 3 of Art. 23 of the Federal Law of 24.11.1995 N 181-FZ "On social protection of disabled people in the Russian Federation".

The 40-hour working week should also be reduced to 36 hours for workers employed in hazardous and hazardous industries, if the special nature of working conditions is confirmed by the results of certification of workplaces (part 1 of article 92 of the Labor Code of the Russian Federation).

The condition on the reduced duration of working hours must be spelled out in the employment contract (part 2 of article 57 of the Labor Code of the Russian Federation).

Work exceeding a shortened week or shift in duration will be considered overtime for such workers (part 1 of article 99 of the Labor Code of the Russian Federation). A disabled pensioner who is employed can only be involved in overtime work if two conditions are met:

The presence of his written consent;

Such work does not harm his health for medical reasons. At the same time, he must be familiarized with the right to refuse overtime work against signature (part 5 of article 99 of the Labor Code of the Russian Federation).

Work from home. The employer can use the services of homeworking pensioners, who, regardless of the type of pension assigned, have the preferential right to conclude an agreement on work at home (clause 4 of the Regulation approved by the Decree of the USSR State Committee of Labor, the All-Union Central Council of Trade Unions Secretariat dated 09.29.1981 N 275 / 17-99).

Homeworkers regulate the length of the working day on their own. In the time sheet, the forms (N N T-12 and T-13) are approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1 "On approval of unified forms of primary accounting documentation for accounting for labor and its payment", an eight-hour working day is recorded. If a retired homeworker decides to work overtime, at night, on weekends, etc., he must be warned in advance that he is not entitled to any additional payments or time off for this.

Working conditions for retired workers

The legislation does not establish special requirements for the working conditions of employees of retirement age. But the employer, when hiring such an employee, must take into account that the working conditions, in particular the working hours and rest hours, must correspond to the working capacity of a particular elderly person.

General advice to employers on improving the working conditions of retired workers and the production sector is given in clause 13 of Recommendation No. 162 "On older workers", approved by the International Labor Organization on 23.06.1980. For example, employers are encouraged to:

Modify work arrangements if they lead to undue stress on older workers, in particular by limiting overtime work;

To adapt the workplace and tasks to the capabilities of the working pensioner, using all available technical means and, in particular, the principles of ergonomics, in order to maintain health and performance and prevent accidents;

Organize systematic monitoring of the health status of older workers;

Ensure the safety and health of the work of pensioners.

Increased guarantees for working pensioners in comparison with ordinary workers can be provided for by a collective agreement, agreements, local regulations, and an employment contract.

Holidays

Let's consider what types of vacations and how long are working pensioners entitled.

Annual basic paid leave

On annual leave with a duration of 28 calendar days, all pensioners working in an organization under an employment contract are eligible (Article 115 of the Labor Code of the Russian Federation).

If a pensioner just started working in an organization, then the right to the first vacation arises after six months of continuous work (part 2 of article 122 of the Labor Code of the Russian Federation). A retired employee can take leave for the second and subsequent years at any time in accordance with the vacation schedule.

Recall that some categories of workers of retirement age have the right to go on vacation at any time convenient for them, for example, participants in the Great Patriotic War and war veterans (clauses 13, clause 1, article 15 and clauses 11, clause 1, article 16 of the Federal Law of 12.01.1995 N 5-FZ "On Veterans"), pensioners who suffered as a result of the Chernobyl accident (clause 5 of Art. 14 of the Law of the Russian Federation of 05.15.1991 N 1244-1 "On social protection of citizens exposed to radiation due to disaster at the Chernobyl nuclear power plant ").

If the employee is an external part-time worker, he is also entitled to annual paid leave. Leave for a part-time pensioner must be provided simultaneously with leave for the main job. Therefore, if an employee has not worked for six months at a part-time job, he must be given a vacation in advance (part 1 of article 286 of the Labor Code of the Russian Federation).

Leave without pay

The employer is obliged to provide working pensioners for old age (age) without pay without pay for up to 14 calendar days a year (paragraph 3 of part 2 of article 128 of the Labor Code of the Russian Federation). Moreover, this vacation is provided regardless of the type of employment contract concluded with the pensioner.

The time of such leave is counted in the total uninterrupted work experience of the employee. The number of vacation days at one's own expense, exceeding 14 calendar days, is excluded from the length of service, which gives the right to annual paid vacations (part 2 of article 121 of the Labor Code of the Russian Federation). This means that the end date of the working year for which the employee is granted annual paid leave will be postponed by the corresponding number of unpaid leave days. Therefore, it is recommended to notify the employee about this circumstance in advance.

Additional vacations

Those working in the regions of the Far North - 24 calendar days, and those working in areas equated to the regions of the Far North - 16 calendar days (part 1 of article 321 of the Labor Code of the Russian Federation);

Retired workers employed in heavy and hazardous work, the special nature of which is confirmed by the certification of workplaces (Article 118 of the Labor Code of the Russian Federation). The list of categories of employees and the minimum duration of vacation (seven calendar days) are approved by the Decree of the Government of the Russian Federation of November 20, 2008 N 870;

Workers affected by the Chernobyl accident - 14 calendar days (clause 5 of article 14 of the RF Law of 15.05.1991 N 1244-1 "On social protection of citizens exposed to radiation as a result of the Chernobyl disaster");

Retired employees with irregular working hours - at least three calendar days (part 1 of article 119 of the Labor Code of the Russian Federation).

Holidays for special categories of pensioners

If a retired employee is disabled (regardless of the disability group), he has the right

On extended main leave of 30 calendar days (part 5 of article 23 of the Federal Law of 24.11.1995 N 181-FZ "On social protection of disabled people in the Russian Federation"). For this, the employee must write an appropriate application;

Unpaid leave - up to 60 calendar days a year (paragraph 5, part 2, article 128 of the Labor Code of the Russian Federation).

Holidays retired homeworkers provided according to general rules - 28 calendar days (part 4 of article 310 of the Labor Code of the Russian Federation)