Citizens who receive a pension and at the same time officially work are called working pensioners. Working pensioners are a common occurrence in the Russian Federation. This is primarily due to the fact that the amount of pension payments is not always sufficient to satisfy all human needs.

Because of this, many retirees have to stay in their current place at least part-time or look for another available job. These people are entitled to certain benefits, and the amount of their wages and pensions is regulated at the legislative level.

Rights and benefits of working pensioners

Working pensioners can count on benefits

Working pensioners are a category of the population that is additionally provided with benefits. These benefits are common to all workers who have reached a certain retirement age, regardless of their job category.

These benefits can be established both by the state on a general scale and by self-government bodies at the local level. Among the advantages are the following:

• exemption of working pensioners from paying taxes on land, various buildings and premises
• providing this category of citizens with the right to free use of public transport
• pensioners are given the opportunity to receive additional unpaid leave, the amount of which can be up to fourteen days per year
• these citizens are provided with the right to medical care in institutions where they were registered during employment
• pensioners have some advantages in the field of spa treatment
• these citizens are provided with the right to priority care in medical institutions

There are certain rights by which the employment opportunities of pensioners are regulated, and certain conditions are set for the payment of pensions and salaries. Upon reaching retirement age, a citizen is provided with the following rights:

1. possibility of dismissal from the place of employment due to retirement
2. the possibility of maintaining the previous place of work, if this does not contradict the Labor Code
3. employment opportunity without restrictions - employment is established during the process of drawing up an employment contract
4. possibility of part-time work
5. working pensioners are provided with paid sick leave in the same way as ordinary employees
6. Pension payments for working pensioners are made on general terms

Pensioners who, for whatever reason, continue to work have certain rights and are provided with certain benefits.

Benefits at work

A pensioner at work is a full-fledged employee!

A person who has reached retirement age, similar to employees of other age categories, can lose his job only in cases that do not contradict the Labor Code. Dismissal can occur either at the request of the employee or at the initiative of the employer - it is important that everything is legal.

The Labor Code contains provisions that give pensioners the opportunity to resign due to reaching retirement age. At the same time, this person can get another job, chosen according to his own preferences, and this will not in any way affect the payment of the labor pension that is paid to him. You just need to remember that a certain list of professions implies certain age restrictions, due to which a citizen may be denied a specific job.

The working hours of pensioners who continue to work do not differ in any way from the working schedule of other employees. The law does not provide for providing pensioners with additional rest time or reducing their working day. In addition, this category of citizens is not provided with additional paid leave.

However, this pensioner may receive additional days of vacation, provided that it will not be paid by the employer. The Labor Code states that a pensioner who works at an official place of work has the right to receive unpaid two-week leave, which is provided to him by the employer upon a written application from the employee.

Some categories of working pensioners are entitled to even longer vacation periods at their own expense. Working WWII participants can optionally receive unpaid leave for up to thirty-five days. Disabled persons are provided with the right to leave for up to sixty days. Depending on the desire, a citizen can use the entire vacation at once, or in parts.

When hiring, pensioners are hired on the same conditions as other citizens. In terms of work, pensioners are provided only with additional unpaid leave - otherwise, the working conditions for them are the same as for other citizens.

Various types of benefits for working pensioners

Working pensioners are indexed

When mentioning the various types of benefits provided to employed pensioners, we must not forget that in addition to these benefits, they are entitled to indexation of pension payments. Pensioners who receive an old-age pension, but are also officially employed, can count on recalculation of pension payments.

This is due to the fact that as a citizen continues to work, his pension points increase, which has a positive effect on the amount of payments he receives.

In the case of official employment, the organization with which the pensioner has drawn up an employment contract makes certain payments, part of which is accrued to the Pension Fund. At this time, the number of pension points for the employee is increased. Pensions are recalculated annually in August.

At the time of recalculation, the accumulated points are added to the points previously credited to the pensioner’s account. This procedure is repeated annually as long as the citizen is engaged in official work. Working pensioners are provided with various medical benefits.

Thus, once every three years, such a citizen has the right to a free medical examination. Also, citizens of this category of the population, reaching the age of sixty, can receive a free flu vaccination. Labor veterans have a special place in terms of medical benefits. They are given a fifty percent discount on medications prescribed by the attending physician during outpatient treatment.

They are also entitled to a number of different services in health care institutions. For example, labor veterans can undergo free dental treatment, during which they can have a new one made or have an old denture repaired free of charge. Military pensioners have a number of their own, additional benefits. Among them are:

• free medical care
• free additional education
• the possibility of receiving an additional pension (a pensioner is entitled to a second pension after working the required work in a civilian profession)
• emergency employment in various civilian specialties
• once a year - paid travel to the place of treatment
• some advantages for children and grandchildren when they enroll in some educational institutions
• if upon retirement such a citizen is recognized as needy, then he is provided with housing

Pensioners who are engaged in working activities after retirement are provided with a number of different benefits. Some categories of pensioners are provided with additional, special benefits.

Thematic video will also tell about the benefits for pensioners:

Disadvantages of working after retirement

Despite the fact that working pensioners are provided with a number of different benefits, we should not forget that they lose a lot by continuing to work. For example, working pensioners are not paid some financial benefits due to non-working pensioners.

For retirees, going back to work—both pros and cons

First of all, among these payments it should be noted certain social allowances, which are assigned only to pensioners who are not engaged in working activities. Only non-working pensioners can count on compensation for travel to a place of recreation or sanatorium treatment.

Among other things, working pensioners are deprived of the opportunity to receive monthly cash payments, various additional payments for insufficient material support, and compensation for dependents who do not work or are disabled.

Continuing to work after reaching retirement age has not only advantages, but also disadvantages. Employed citizens cannot count on the benefits intended for pensioners who do not work.

Working pensioners are citizens who are provided with certain benefits and can also, over time, count on an increase in their own labor pension as a result of the accrual of additional pension points in the event of their official employment. It should be remembered that while continuing to work, these citizens receive some benefits and lose others.

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If a pensioner gets a job again, will this entail a reduction in pension or cancellation of benefits?

Tell me, if a pensioner (56 years old) gets a job again, will this entail a reduction in pension or the abolition of benefits?

What are the consequences if a pensioner gets a job again?

Here is some interesting information on this topic:

Non-working pensioners can learn new professions and find employment.

They have been given this opportunity since September 1 within the framework of the federal law “On Employment in the Russian Federation.” Unemployed citizens who receive an old-age pension can receive additional vocational education at the direction of the employment service in specialties in demand on the labor market. Special courses are planned from the new year. More detailed information on this project can be obtained locally at employment centers.

In addition, every year a working pensioner has to recalculate his pension, because... the employer pays insurance premiums for him and submits reports based on individual information:

Recalculation of a labor pension is a change in the size of the insurance part of an old-age labor pension and a labor disability pension due to the pensioner having additional earnings from which insurance contributions have been paid for the insurance part of the labor pension, as well as due to other reasons.

Many pensioners after leaving

and continue to work for retirement. In this case, employers pay insurance contributions for them to the compulsory pension insurance system, taking into account which the bodies of the Pension Fund of the Russian Federation (PFR) recalculate the size of the labor pension.

Let us recall that until 2009, working pensioners had to annually apply to the territorial body of the Pension Fund at their place of residence with an application to recalculate the amount of the insurance part of their labor pension. Now it is not necessary to submit such an application to the Pension Fund annually.

Here is some more information that may be of interest:

Since the decision was made at the highest government level not to raise the retirement age, but to encourage citizens to retire as late as possible, the Ministry of Finance began to offer one idea after another to save on working pensioners. At first it was proposed to completely deprive such workers of pension payments. Then there was a proposal not to regularly recalculate pensions for workers. Finally, the idea arose to pinch off the basic portion of workers’ pensions, which is approximately 35 percent of the average old-age labor pension.

So, so far there are no changes in the laws to reduce the pension of a working pensioner, although there are such attempts and I think they will continue.

Medvedev will not cut pensions for working pensioners

Previously, the government decided to freeze the funded part for 2015

Russian Prime Minister Dmitry Medvedev did not support the proposal of the Ministry of Finance to cancel the payment of the fixed part of the pension to working pensioners.

The logic of this proposal was that the pension is compensation for lost earnings, and since the pensioner works, then he need not be paid a pension.

a citizen of retirement age has every right to get a job, in accordance with Article 3 of the Labor Code of the Russian Federation, a pensioner has equal opportunities to exercise the rights to work as citizens who have not reached a certain age. A pensioner is hired on the basis of general admission rules, but the law provides for a number of restrictions. Thus, for civil servants the service age limit is 60 years, which can be extended to 65 years. The highest positions of higher educational institutions - rector, head of branches, vice-rector and others - are filled by persons no older than 65 years.

A working pensioner has the right to leave for up to 14 days without pay and at any time convenient for him. At the same time, leave must be granted regardless of the type of employment contract concluded with the employee.

It makes sense for working pensioners to go to the website of the Autonomous non-profit organization “Center for Social and Labor Rights (CSLT)” (Moscow), whose main task is to protect rights in the field of social and labor relations. The center's services are not free, but you can find a lot of interesting information on the website

The court left without progress the application to reduce the enforcement fee because the state duty had not been paid. The ruling was received late in a simple letter and they also wrote that the court considers it necessary to contact the bailiffs about the reduction of IP. Are all the answers correct? Where should I go to court or should I go to the bailiff? 50% of my pension was withheld and the amount to be received was below the subsistence level. Should I write to the bailiffs and wait for an answer? And to file a lawsuit after eliminating the shortcomings - that is, to pay the state fee (AGAIN, WHAT IS THE AMOUNT OF THE STATE DUTY) everyone says that such a claim is not subject to a fee, and besides, the deadline has expired. Now you can’t file a private complaint and you can’t renew the deadline for filing a new application. Is it correct to write a petition or a statement?

I just read that pensioners are being retrained and they can get a job somewhere. How cute is this - where is such a fairy tale? At our employment center they say that pensioners receive a pension and are not unemployed, and to retrain them you are out of your mind. And no organization hires you because of your age.

Do you have any questions? Ask, the answer will follow immediately!

Viktoriya Kochetkova, expert

Svetlana Koshkarova, expert

Diana Tretyakova, expert

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Is it possible to count on receiving payments at the birth of a child without having Russian citizenship?

How can you achieve payment of child care benefits for a child up to 1.5 years old if it is not possible to obtain a certificate from the child’s father that he does not receive it?

Well, well, well - online legal assistance © 2016.

If a pensioner gets a job, what does he lose?

El No. FS77-61432 dated 04/10/2015

“I am a pensioner, but I worked until March 11, 2016. Now I quit. I plan to find a job again in the summer. Tell me, can I get a 4% increase in my pension as a non-working pensioner? Will my pension decrease again if I go back to work? Should I apply to the Pension Fund if I go back to work after some time?”

K.A. OSTAPOV, Kolpino

Deputy Head of the Department in the Kolpinsky District Nina Mikhailovna Grushevskaya answers the question:

Since 2016, working pensioners have received an insurance pension and a fixed payment to it without taking into account planned indexations. This provision of the law applies only to recipients of insurance pensions and does not apply to recipients of state pensions, including social pensions.

The indexation of insurance pensions in February 2016 applied only to pensioners who were not working as of September 30, 2015.

If you stopped working between October 1, 2015 and March 31, 2016, you can notify the Pension Fund about this.

To do this, you need to submit an application to the Pension Fund of Russia department before May 31 of the current year and provide documents confirming the termination of employment, namely a work book. In some cases, other documents may be needed.

After reviewing your application, your pension will begin to be paid starting next month, taking into account indexation. That is, if a pensioner stopped working after indexation, then from the next month after submitting the application he will receive the size of the insurance pension and a fixed payment to it, which has already increased due to indexation.

It is important to note that if the pensioner then gets a job again, the amount of his insurance pension will not be reduced.

If a pensioner stopped working after March 31, 2016, there is no need to submit an application to the Pension Fund. The fact is that from the second quarter of 2016, monthly simplified reporting will be introduced for employers, and the fact of a pensioner’s work will be determined automatically by the Pension Fund.

Office work

Russian legislation allows women to retire at 55 and men at 60. And the specifics of some professions allow earlier deadlines for receiving a pension.

Since this age is far from advanced, and some who have reached this age admit that they still have enough energy and, moreover, have a “second wind,” the need often arises to employ “young retirees.”

This article will discuss some of the nuances of hiring this category of citizens.

What does the law provide for in this regard?

All issues regulating the norms of relations between the employer and the hired employee are reflected in the Labor Code of Russia.

Hiring an older person is no different from hiring a younger employee. The law prohibits any restrictions on providing work to people of retirement age, but they have certain guaranteed benefits.

The circle of persons falling under the definition of “pensioner” was determined by the Constitutional Court of the Russian Federation on May 15, 2007 No. 378-O-P and by the law of December 17, 2001 No. 173-FZ (Article 5).

According to this definition, a pensioner is considered to be a person who has reached a certain age and has received a pension.

• according to the age;
• presence of a disability group;
• loss of a breadwinner.

What are the conditions and features of concluding an employment contract?

The arrival of retirement age is not at all a reason for retirement. It often happens that it is during this period that a second wind seems to open, a desire appears to master new types of activities or continue to work at your favorite job. And sometimes, it is simply necessary to continue working due to the small size of the pension.

If you want to continue working at your enterprise, then there is no need to renew the contract with it.

Any of the existing types of contracts are concluded with a newly hired employee of retirement age, based on the agreement and the specifics of the upcoming work:

When hiring a pensioner, you should know that this category of workers has certain legal guarantees:

• Firstly, this is an additional opportunity to use vacation without pay, lasting up to 14 days (Labor Code of the Russian Federation, Article 128).
• Secondly, upon dismissal, an employee of retirement age does not need to work for two weeks (Labor Code of the Russian Federation, Article 80).

The law does not provide for any age restrictions when hiring, with the exception of civil servants and rectors (vice-rectors) of universities.

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. And if an employee (for example, a seasonal worker) is hired for a short period, then this period should not be more than two weeks.

Is it permissible to dismiss a child support worker at the initiative of the employer? See here.

How is employment processed?

Due to certain circumstances, people of retirement age need to change their place of activity. The hiring procedure for retirees is the same as for other employees.

The whole process looks like this step by step:

The documents presented in this case are stated in Article 65 of the Labor Code of the Russian Federation.

Their list is mandatory for everyone and consists of:

• passports;
• work book;
• SNILS;
• military ID (for those liable for military service);
• educational document (if the position requires special knowledge and qualifications).

The decision to dismiss is confirmed by a statement from the pensioner.

At the insistence of the person being dismissed, you can write in the work book “Dismissed at his own request due to retirement” (Article 77 of the Labor Code of the Russian Federation).

Salary and compensation

Salaries, like other employees, depend on qualifications, volume of products produced and time worked.

The employer is obliged to provide the Pension Fund of Russia branch with information about working pensioners and the amount of accrued and paid insurance contributions within the established time frame.

The calculation of taxes and deductions can be viewed in the table below.

Since 2017, citizens who have reached retirement age are given the opportunity to increase the size of their pension in the future, postponing the moment of its registration.

If, nevertheless, the registration of pension provision has taken place, but the pensioner has not quit and continues to work, then, unlike in previous years, in 2017 the recalculation of pensions to compensate for the level of inflation for working pensioners is not provided for by law (Article 7 of Law No. 385-FZ).

When calculating wages, accountants should take into account the peculiarity of paying contributions from 2017.

The difference from previous years is the size of the maximum value of the calculation base.

As an example, we took the total annual income in various periods of the senior manager of the sales department of large household appliances of the well-known company Mikhail M.

• (*) - all salary is subject to contribution;
• (**) - the difference for the Social Insurance Fund is not determined, since the rate is 0%.

Working pensioners, on the same basis as others, are granted labor leave of 28 calendar days.

In addition, an employee of retirement age, by agreement of the parties, may additionally be granted unpaid leave of up to 14 days, a WWII participant - up to 35 days, and a disabled person - up to 60 days.

When calculating sick leave, the continuity of insurance coverage should be taken into account.

For example, citizen Sidorova S. quit the plant where she worked for 20 years as an occupational safety inspector due to reaching retirement age. After 3 years, I got a job at Zvezda LLC. After six months of work, she fell ill and submitted a sick leave to the accounting department, which she was paid at the minimum wage.

The working pensioner was given an explanation that since she had no earnings in the two years preceding the period of temporary disability, the benefit is calculated according to the minimum wage (Article 14 of Law No. 255-FZ).

In what cases is a psychiatric examination required when hiring? See here.

Read about job application surveys here.

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 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.

Working pensioners will be specially registered

Pension Fund employees automatically learn about the employment or dismissal of a working pensioner.

Pension Fund employees automatically learn about the employment or dismissal of a working pensioner. Simplified reporting for employers came into force on May 1, 2016. The Russian Pension Fund said that all information about working pensioners will now be contained in a personalized accounting database.

Let us remind you that since 2016, the pensions of working pensioners have not been indexed. More precisely, it is indexed, but this information is reflected only on their personal accounts. And they receive unincreased amounts in their hands. But in the event of a job loss, the pension is automatically increased - to an amount that takes into account all previously passed indexations.

If the amendments to the laws had not been adopted, then retired pensioners would have to collect certificates and go with them to the Pension Fund office to have their pension recalculated. Now all this will be done automatically.

If someone does not trust electronic services, they can come to the territorial office of the fund themselves and notify them of their dismissal. But now it is simply a right, not an obligation. The decision to increase the pension, taking into account missed indexations, is made for each person after all the data about him has been analyzed.

Wouldn't a decision be made faster if the pensioner himself came to the Pension Fund with notice of dismissal?

No, since the speed of decision-making will not depend on whether information about the pensioner is received from the employer through a reporting form or from him personally. If a pensioner, for example, quit, his pension was increased, and after that he got a job again, he also does not need to report this to the Pension Fund. The information will be sent there automatically, and the employee’s pension indexation will be frozen.

What is important: without the participation of the pensioner, they will now “freeze” the indexation of payments if the citizen decides to return to work. Those who left work, received an increased pension, and then returned to it again after some time should not worry. No one will take away the “bonus” they receive from their pension.

Other section news

Officials may abandon the unpopular idea of ​​raising the retirement age in favor of increasing the minimum length of service

A bill has been submitted to the State Duma, according to which the funded part of the pension will again be “frozen”. The moratorium will remain in effect until 2019.

In 2018, working pensioners will enjoy both standard benefits for working citizens, such as a tax deduction from personal income tax for children studying at universities or a property deduction for the construction or purchase of housing, and specific

Regulations have been adopted for the payment of a monthly pension supplement for outstanding achievements and special services to the country.

According to the bill, every pensioner who is assigned an old-age insurance pension should be paid an additional, so-called “thirteenth pension” once a year in December.

Modern realities force citizens to continue working after retirement. The law does not prohibit this. A citizen is free to independently decide when to stop working. For an employer, hiring a retiree comes with a number of additional features. Thus, some categories of citizens who are on well-deserved rest may qualify for additional privileges. WWII participants and combat veterans are entitled to additional annual leave without pay.

In most cases, it is illegal to refuse a person because of his age. However, a number of restrictions still exist. In order to know in advance all the features of hiring a pensioner, it is worth familiarizing yourself with the latest information on the topic.

Hiring a pensioner of the Labor Code of the Russian Federation

The employment of a pensioner must be carried out in strict accordance with the provisions of the Labor Code of the Russian Federation. The law does not provide special conditions for hiring citizens who are on well-deserved rest. The entire procedure is carried out in accordance with general standards. Article 37 of the Constitution of the Russian Federation states that labor in Russia is free.

Attention The Labor Code of the Russian Federation prohibits establishing any restrictions in relation to people who have reached retirement age. As a general rule, a citizen has the right to begin working at the age of 16. In some situations, the age threshold may be reduced to 14 years. At the age of 55 and 60 for women and men, respectively, a person has the right to begin receiving a pension.

At the same time, the prohibition on continuing to work is not indicated in regulatory legal acts. If a company does not want to work with a person because of his age, this will be considered discrimination. However, there are a number of professions for which a maximum age threshold is established.

This category of citizens has certain benefits. Thus, WWII participants and combat veterans have the right to receive additional annual leave of up to 35 working days without pay. You can use the privilege at any time.

Step-by-step instructions for hiring a pensioner

The procedure for hiring a pensioner does not differ from the standard one. In order for a citizen on well-deserved rest to be able to start working, the following actions will be required:

1. Select a company that requires employees and go through an interview. If the parties reach an agreement, an application for employment of the pensioner is submitted.
2. Prepare a package of documentation and present the required papers to the employer.
3. Conclude an employment agreement with the company. The paper must be studied by the employee and signed by him.
4. Familiarize yourself with internal regulations and other documents that a pensioner to be hired must know. The person leaves a signature as confirmation of agreement to comply with the established rules.
5. Wait for the order to come out. The employer is responsible for processing it. The document is also provided to the employee against signature.
6. Complete training on labor protection and sign in the appropriate register.

When all actions are completed, an employee of retirement age is considered hired and can begin working within the agreed period.

Necessary documents when applying for a job as a pensioner

In order for an employer to agree to start cooperating with a pensioner, the citizen will need to prepare a package of documentation. It must include:

• passport;

• pensioner's ID;

• SNILS;

• document confirming qualifications - diploma, certificate, etc.;

• work book;

• TIN, if available.

IMPORTANT

When hiring for some positions, a pensioner will additionally need to provide a document that allows them to get an idea of ​​the person’s health.

In some situations, a medical examination may be required. Such requirements mainly apply to persons who want to carry out activities in the field of medicine, food sales, catering, and the food industry. The presence of harmful working conditions also requires a preliminary medical examination. If a citizen of retirement age refuses to take action, the employer will not hire him for the chosen position.

Registration agreement

• As in the classic situation, cooperation with a citizen who is on a well-deserved rest is carried out on the basis of an employment contract. If a person continues to work in the company in which he worked previously, the need to enter into an agreement in connection with reaching retirement age does not arise. If a pensioner joins a new company, one of the following agreements will be concluded:
• urgent;
• unlimited;
• part-time agreement;
• contractor;

civil law.

The choice of type of agreement depends on the specifics of the work to be done and the agreement reached. You can download a sample drawing up of a contract for hiring a pensioner.

Hiring a pensioner under a fixed-term employment contract Concluding a fixed-term contract only because of a person’s age is unacceptable.

IMPORTANT

This ruling was made by the Constitutional Court in 2017.

If an employer forces a person to enter into a fixed-term contract only because the citizen is retired, he violates labor rights, the principles of equality and discriminates against the applicant for the position.

• The grounds for concluding a type of agreement are enshrined in Article 59 of the Labor Code of the Russian Federation. 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;

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.

The employment of a pensioner must be carried out in strict accordance with the provisions of the Labor Code of the Russian Federation. The law does not provide special conditions for hiring citizens who are on well-deserved rest. The entire procedure is carried out in accordance with general standards. Article 37 of the Constitution of the Russian Federation states that labor in Russia is free.

If an employer has entered into a fixed-term agreement without the person’s consent, the supervisory authority, having learned about this, will reclassify the agreement as permanent. It is impossible to conclude a fixed-term contract without grounds. However, the rules generally apply if a person receives an early pension. In a classic situation, the employer can still ask the applicant for the position to sign a fixed-term employment contract.

Recording in labor

The current legislation does not impose any special requirements for making an entry in a pensioner’s work book. The basis for recording information in the document is the employment order. The entry is made in accordance with the general rules. The information in the document is recorded by the employer.

Hiring a pensioner without a work book

In a classic situation, the employer makes an entry in the employee’s work book about the beginning of interaction. 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. In this situation, the pensioner simply does not have the right to independently make an entry in the document, although legal relations arise in this situation.

If a person does not have a work record, there are several ways to solve the problem. They may vary depending on the reasons for which a person does not have the necessary documents. The employer can:

1. Get a new work book for a pensioner if the previous one was lost.
2. Request a certificate from another employer and execute a part-time contract if the document is located at the citizen’s main place of work.
3. Conclude a contract or civil contract, informing the employee that sick leave and vacation will not be paid.

The decision depends on the wishes of the employer and the specifics of the current situation.

Remuneration for a pensioner

A pensioner's salary is calculated on a general basis. Its size depends on:

• employee qualifications;
• volume of manufactured products;
• time worked.

The employer does not have the right to reduce him because of his age. This will be a gross violation of the Labor Code of the Russian Federation. If a pensioner discovers that he is not being paid extra, he can go to court to restore his violated rights.

Privileges

If a person who has reached retirement age gets a job, he does not receive additional benefits. Admission is carried out on a general basis. The employer pays special attention to the qualifications of the employee. A pensioner can count on receiving a number of privileges only after official employment. The state allows a person on a well-deserved vacation to take additional leave at his own expense.

Additional leave

If a person continues to work, he has the right to. An employee can take a break from work after six months from the date of commencement of work in the company. However, the legislation provides for a number of benefits for citizens receiving an old-age pension. According to Article 128 of the Labor Code of the Russian Federation, a pensioner has the right to receive 14 days of annual unpaid leave. Provision of required rest is carried out in accordance with the established schedule or on the basis of an agreement with management.

Tax deductions

If a pensioner continues to work in retirement, contributions to the state will be required. Personal income tax in the amount of 13% will be written off from the employee’s salary. Additionally, the employer is obliged to pay insurance contributions to the Pension Fund, Social Insurance Fund and Compulsory Medical Insurance Fund from his own funds. Failure to pay prescribed fees is considered a violation and may result in penalties.

Dismissal of a pensioner

If a pensioner wants to complete his work activity and retire, dismissal will be carried out on a general basis. However, the employer will have to comply with a number of nuances. So, if a pensioner resigns of his own free will, he may not work for 2 weeks. This rule is enshrined in Article 80 of the Labor Code of the Russian Federation.

If the employer is the initiator of termination of the employment relationship, it must be taken into account that he does not have the right due to reaching retirement age. This is reflected in Article 3 of the Labor Code of the Russian Federation. If a violation has occurred, the citizen can go to court. Typically, in this situation, the claims are satisfied, and the employee is reinstated at his previous place of work. If the company is liquidated, the dismissal of the pensioner is carried out on a general basis.

For your information

If a person cannot cope with his responsibilities, the employer may offer him a change of position or switch to part-time work.

Nuances

Current legislation establishes a number of age restrictions for persons holding certain positions. Thus, a citizen managing an educational institution or its branch cannot be older than 65-70 years. Otherwise, the features of labor relations with persons who have reached retirement age do not differ from standard employment. The employer has the right to assign overtime work, hire a pensioner for irregular working hours and send him on a business trip.

A person on well-deserved rest has the right to continue working on a general basis. This will not result in loss of pension. However, a person must be prepared for the fact that he will have to complete all assigned tasks, regardless of age. The state provides a number of benefits, but they do not relate to the procedure for carrying out labor activities itself.

Basically, pensioners can qualify for additional rest and changes in the length of the working day.

Working pensioners know that under the current moratorium, their pensions are not indexed. But if a person stops working, then the insurance pension begins to be indexed on a general basis. Is a pensioner allowed to resign, receive a monthly increase in pension due to indexation, and get a job again? Let's talk about it.

For working pensioners, the size of the fixed payment to the insurance pension is not indexed and the cost of the individual pension coefficient is not adjusted. But if a pensioner resigns, he will receive the amount of the insurance pension and a fixed payment to it, taking into account the indexation and adjustment that took place during the period of his work, starting from the 1st day of the month following the month of termination of work.

Explanation from the Pension Fund about indexation upon dismissal

Here is how the Pension Fund of the Russian Federation comments on the procedure for indexing pensions after dismissal:

From January 2018, after a pensioner stops working, the full pension, taking into account all indexations, will be paid for the period from the 1st day of the month after dismissal.

Payment of the full pension amount will be implemented as follows. For example, a pensioner quit his job in March. In April, the Pension Fund will receive reports from the employer indicating that the pensioner is still listed as working. In May, the Pension Fund will receive reports in which the pensioner is no longer listed as working. In June, the Pension Fund of the Russian Federation will decide to resume indexation and in July the pensioner will receive the full pension amount, as well as the monetary difference between the previous and new pension amounts for the previous three months - April, May, June. That is, the pensioner will begin to receive the full pension the same three months after dismissal, but these three months will be compensated to him.

"I `m a pensioner. A few months ago I got a job. And recently they brought me a pension, the amount of which turned out to be less than the usual amount. At the department of the PFU of the Suvorovsky district, where I turned for clarification, they told me that I had to report the employment, and since I did not do this, I now have to return the money that was overpaid to me. What does overpaid mean? I was given this pension, and I always received it in this amount.” - Evgeniy Goloborodko.

Natalya Ivanovna Ksenzhuk, head of the department of the Pension Fund of Ukraine in the Suvorovsky district of Odessa, answers:

Labor pensions are assigned and paid to both working and non-working citizens (with the exception of long-service pensions, which are assigned subject to dismissal from work, which gives the right to assign such a pension).

However, the payment of some types of bonuses and additional payments (indexation of pensions, recalculation due to an increase in the cost of living) is carried out only to non-working pensioners. Therefore, in order to correctly determine the amount of pension payments when applying for assignment (recalculation) of a pension, the application must indicate whether the citizen is working or not at the time of applying to the Pension Fund.

I draw the attention of pensioners to the fact that the application contains a list of circumstances affecting the determination of the amount of the pension, and by signing the application, the citizen undertakes the obligation to promptly inform the Pension Fund management about changes in these circumstances. First of all, this concerns employment and dismissal from work. It should be noted that the category of workers also includes citizens included in

Unified State Register as individual entrepreneurs until they are excluded from this register. Thus, having got a job or engaged in entrepreneurial activity, a pensioner must inform the Pension Fund body about this within 10 days. Failure to report the fact of employment leads to the accrual and payment of additional payments to the citizen, which are paid only to non-working pensioners, and therefore to an overpayment of pensions.

Actually, the fact of employment will be revealed without fail - it’s only a matter of time. After all, employers submit monthly reports to the Pension Fund on the amount of earnings accrued to each employee. And literally in two or three months the fact of work will become known to the territorial body of the Pension Fund, which makes a decision to change the amount of the pension and withhold the overpayment. For a pensioner who has not reported employment, a pension is established in the amount provided by law for working citizens, and the amount of the overpaid payment is withheld in the amount of 20 percent of the pension until the overpayment is fully repaid.

Over the course of a month, the Pension Fund authorities in the Suvorovsky district of Odessa identify on average about 150 citizens who have not reported employment.

There is another side to this problem - the timeliness of a citizen filing an application about the fact of termination of work or business activity. After the pensioner informs the territorial administration of the Pension Fund about the termination of labor or entrepreneurial activity, he receives payments and recalculations provided for non-working pensioners. Depending on the circumstances, the amount of these additional pension payments is quite large. So the loss of this money at the current levels of pensions is very noticeable.

Here the question may arise: why, when the fact of employment or the start of business activity is revealed, the Pension Fund body, by its decision, changes the amount of the pension and begins to withhold the overpayment, and the termination of work must be reported to the Pension Fund? The fact is that while the Pension Fund body receives information about the dismissal of a pensioner, during this time he can re-enter work.

In order to avoid such situations and unwanted showdowns, we strongly recommend that you promptly submit an application for a change in labor status to the office of the Pension Fund of Ukraine at your place of residence.

Comments

27.10.2014 | Ivan

After retirement, he continued to work, then did not work for three years, and this year, on August 1, he got a job again; I reported this to the local PF department in mid-September. And 300 grams were removed from my October pension. But the addition to my pension in July amounted to about 80 grams, that is, for August-September there were no additional payments. Perhaps a new Resolution from the Cabinet of Ministers came into force on reducing pensions for working pensioners, which I am not talking about I know? Please explain. Sincerely, I.M.

30.06.2014 | Yuri Alekseevich

Hello!
I have 47 years of working experience. I am 72 years old. I am invited to work at my previous place of work. Will they deduct from my pension or not? “Failure to report the fact of employment leads to the accrual and payment of additional payments to the citizen, which are paid only to non-working pensioners, and therefore to an overpayment of pensions.” Does this apply to everyone without exception, regardless of length of service and age, or are there exceptions for length of service and age? Please let me know. Sincerely, Yuri Alekseevich.

When a pensioner gets a job, what does he lose in his pension?

El No. FS77-61432 dated 04/10/2015

“I am a pensioner, but I worked until March 11, 2018.

Now I quit. I plan to find a job again in the summer. Tell me, can I get a 4% increase in my pension as a non-working pensioner?

Will my pension decrease again if I go back to work? Should I apply to the Pension Fund if I go back to work after some time?”

Deputy Head of the Department in the Kolpinsky District Nina Mikhailovna Grushevskaya answers the question:

The indexation of insurance pensions in February 2018 applied only to pensioners who were not working as of September 30, 2015.

If you stopped working between October 1, 2015 and March 31, 2018, you can notify the Pension Fund about this.

To do this, you need to submit an application to the Pension Fund of Russia department before May 31 of the current year and provide documents confirming the termination of employment, namely a work book. In some cases, other documents may be needed.

It is important to note that if the pensioner then gets a job again, the amount of his insurance pension will not be reduced.

Do you need to work in retirement?

It should immediately be noted that pension benefits for the loss of a breadwinner are assigned to disabled members of the family of the deceased breadwinner, whom he supported.

Children, brothers, sisters and grandchildren who have not reached the age of majority. In the case of their full-time study - until the end of this study, but longer than 23 years, older than this age, if they were disabled before the age of 18.

Does a pensioner need to inform the Pension Fund that he has gotten a job?

Accordingly, there can be no talk of any recalculation.

If you officially got a job, the Pension Fund will know about it, as contributions will be received.

And if it’s unofficial, they don’t carry out checks, so you can keep silent.

In any case, when I worked unofficially, I didn’t bother with this problem, the price of the issue was pennies, in fact. In general, according to the law, of course, you are required to report that you have started working, but you must understand that in this case, his pension accruals will be reduced, because many pensioners work secretly and hide it from the pension fund.

The pensioner does not owe anything to the Pension Fund.

Pensions for working pensioners

Every year in Russia, more and more pensioners prefer to continue working after reaching retirement age. There are many reasons. Here are some of them: Rights of working pensioners from January 1, 2018: Working pensioners want to completely abolish pensions The Government of the Russian Federation is working on preparing an anti-crisis plan, one of the points of which provides for the complete abolition of pensions for some working pensioners.

Now it is not necessary to submit such an application to the Pension Fund annually.

Here is some more information that may be of interest: So, so far there are no changes in the laws to reduce the pension of a working person, although there are such attempts and I think they will continue. Medvedev will not cut pensions for working pensioners. Earlier, the government decided to freeze the funded part for 2015. A citizen of retirement age has every right to get a job, in accordance with Article 3 of the Labor Code of the Russian Federation, has equal opportunities to exercise the rights to work as citizens who have not reached a certain age. age.

Working pensioners will be specially registered

Those who left work, received an increased pension, and then returned to it again after some time should not worry.

No one will take away the “bonus” they receive from their pension.

advokat-strelnikov.ru

A disabled person gets a job: will the pension be smaller?

As practice shows, the issue of employing people with disabilities is becoming increasingly relevant. At the same time, a temporary order is in force in Ukraine restrictions on pension payments to working pensioners.

Mostly, working pensioners are paid 85% assigned size pensions. After layoffs From work, pension payments are resumed in full.

But the rule on reducing pensions for working pensioners to 85% of the amount of pension payments provided for by the current pension legislation does not apply to everyone.

Working disabled people of groups I and II, regardless of the cause of disability;

War disabled people of the 3rd group;

Participants in hostilities;

Persons covered by paragraph 1 of Art. 10 of Law No. 3551.

Besides, pension amounts exceeding in 2017 12470 UAH, subject to taxation(Clause 164.2.19 NKU). At the same time, the base for calculating personal income tax ( 18 % ) and military collection ( 1,5 % ) is the same.

If a pensioner gets a job again, will this entail a reduction in pension or cancellation of benefits?

Tell me, if a pensioner (56 years old) gets a job again, will this entail a reduction in pension or the abolition of benefits?

What are the consequences if a pensioner gets a job again?

Here is some interesting information on this topic:

Non-working pensioners can learn new professions and find employment.

They have been given this opportunity since September 1 within the framework of the federal law “On Employment in the Russian Federation.” Unemployed citizens who receive an old-age pension can receive additional vocational education at the direction of the employment service in specialties in demand on the labor market. Special courses are planned from the new year. More detailed information on this project can be obtained locally at employment centers.

In addition, every year a working pensioner has to recalculate his pension, because... the employer pays insurance premiums for him and submits reports based on individual information:

Recalculation of a labor pension is a change in the size of the insurance part of an old-age labor pension and a labor disability pension due to the pensioner having additional earnings from which insurance contributions have been paid for the insurance part of the labor pension, as well as due to other reasons.

Many pensioners after leaving

and continue to work for retirement. In this case, employers pay insurance contributions for them to the compulsory pension insurance system, taking into account which the bodies of the Pension Fund of the Russian Federation (PFR) recalculate the size of the labor pension.

Let us recall that until 2009, working pensioners had to annually apply to the territorial body of the Pension Fund at their place of residence with an application to recalculate the amount of the insurance part of their labor pension. Now it is not necessary to submit such an application to the Pension Fund annually.

Here is some more information that may be of interest:

Since the decision was made at the highest government level not to raise the retirement age, but to encourage citizens to retire as late as possible, the Ministry of Finance began to offer one idea after another to save on working pensioners. At first it was proposed to completely deprive such workers of pension payments. Then there was a proposal not to regularly recalculate pensions for workers. Finally, the idea arose to pinch off the basic portion of workers’ pensions, which is approximately 35 percent of the average old-age labor pension.

So, so far there are no changes in the laws to reduce the pension of a working pensioner, although there are such attempts and I think they will continue.

Information agency "Rassvet"

In the modern world it is quite difficult to live on one pension, so more and more often pensioners are trying to get a job or part-time job. What vacancies can older people apply for and how should they be employed? Let's talk about this.

Where can people of retirement age get a job?

Finding a job for retirees is quite possible. People in this category have some advantages over younger applicants. They have extensive life and work experience and are willing to work for less money compared to ambitious young people.

It is also worth finding out about possible loans for pensioners.

Today, retirees are offered a wide variety of jobs with different pay. Most often, older people are hired for low-paid jobs, for example, as a courier or cleaner. However, many are satisfied with the quiet work of a watchman or concierge. You can get decent money by getting a job as a nurse or nanny.

Pensioners can also work as taxi drivers. In many cities across the country there are centers that can send orders to drivers’ phones from several taxi services at once. The advantage of this job is a flexible schedule.

Pensioners can try themselves as extras in various talk shows and TV series. During one shift, 50–120 actors can be filmed in them. And if you consider that each TV channel films 3-4 programs a week with the participation of extras, then there should be no problems with employment.

Reception and dismissal of a pensioner from work

With employees of retirement age the following may be concluded:

• employment contract for an indefinite period;
• fixed-term contract;
• contract of civil law type.

To conclude an employment contract for an indefinite period You will need the following documents:

1. passport;
2. employment history;
3. insurance certificate of state pension insurance;
4. military registration documents.

If the position for which the pensioner is applying requires the presence of a certain education, he must provide the corresponding document. Depending on the specifics of the job, a health document may be required. It is not necessary to present a pension certificate when applying for a job.

A fixed-term contract must be concluded by mutual consent of the employee and employer. A similar document can be issued in case of seasonal work. In this case, the employee has the right to paid leave or compensation if he does not use rest days. A fixed-term contract turns into an open-ended one if the employer draws up a similar document again. It is important to remember that a fixed-term contract cannot be drawn up against the employee’s wishes. This is punishable by law.

When drawing up a civil law, the employer has the right not to pay vacation and sick days. When hiring, these points should be discussed in advance.

When a pensioner is dismissed from work, everything happens according to the same pattern as everyone else, regardless of age. Like other members of the team, pensioners have the right to compensation:

1. severance pay equal to the average monthly salary;
2. maintaining the cash benefit until finding a new job, but not more than 2 months.

Where people of retirement age are always needed

The following vacancies are most popular among retirees:

Retired men can always get a job as watchmen, drivers, watchmen or couriers. In the first two cases, attentiveness and diligence are required, in the second - the desire to work and the availability of a vehicle.

For women of retirement age, the vacancy of a cleaner is suitable. The work is not difficult, but requires good physical shape. If your health allows and there is a desire, there should be no problems with finding employment in the cleaning industry.

Often in some regions, military retirees are offered live-in work.

Office work for retirees

Office work for active retirees should be included in a separate category. It is suitable for purposeful, sociable individuals. As a rule, the work schedule is offered freely, but requires the presence of a certain number of hours per day or per week in the office. The work itself can be informational or advisory in nature.

Thus, even in old age it is quite possible to find a job. And during your job search, these may come in handy simple tips:

• Older people have every chance of getting a job, as they have their advantages in the form of rich experience;
• Pensioners, like any other employees, are subject to existing labor legislation;
• People of retirement age can work in different fields if they have certain knowledge and skills.
• Pensioners can always count on such vacancies as: watchman, watchman, cleaner, courier, since they do not require special knowledge and skills.

Now it will be more profitable to recalculate your pension after two years of work without taking into account your salary for this period

The Ministry of Social Policy emphasizes that rumors about the cessation of payments to working pensioners from January 1, 2012 are untrue. People's pensions will be fully funded

Oddly enough, the pension reform has excited working pensioners the most. In the couple of months the new law has been in effect, they have accumulated many questions. For example, how will pensions be recalculated now after two years of work and will they be recalculated at all? What salary will be taken into account when recalculating payments? What documents need to be submitted to the Pension Fund? In addition, there are still rumors in the country that starting from the new year, payments to working pensioners will either be cut in half or stopped altogether. What changes has the pension reform made in the lives of working pensioners, FACTS asked Director of the Pension Department of the Ministry of Social Policy of Ukraine Nikolai Shambir.

“When assigning a pension, an important role is played by the ratio of a person’s earnings and the average salary in the country”

Nikolai Ivanovich, let’s first dot the i’s: are working pensioners still able to recalculate their pensions every two years?

“The law has no retroactive effect. So no recalculations were made to people who had already retired.”

It turns out that due to the growth of the average salary in the country, submitting information about earnings is not always profitable; this can reduce the overall coefficient and, accordingly, the size of the pension

“The new law makes it possible to submit salary information for the period only from July 1, 2000”

Well, let's look into it further. The woman retired in 2006, but continued to work. The last recalculation of her pension was made in 2008. In 2012, she will submit documents to recalculate payments based on her earnings. What salary will be taken into account - for 2005 (on the basis of which she was assigned a pension) or for 2007 (taking into account which the last recalculation was made in 2008)?