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Age employees: what the employer needs to know

Elena Sidorenko shares information related to the employment of pre-retirement age employees in the company: whether additional reporting is needed for this, what are the features of concluding an employment contract and whether it is necessary to provide “age” workers with special working conditions.
In January 2019, new federal laws came into force that were adopted as part of the pension reform. Recall that, in accordance with innovations, women reach retirement age at 60 years, men – at 65. In addition to raising the retirement age, the bill provides additional guarantees of social support for citizens-retirees. One of the most important aspects related to labor activity was the introduction of criminal liability for employers for refusing to hire or unjustified dismissal of a citizen who has reached pre-retirement age. Such measures are caused, first of all, by the desire of the state to ensure constitutional rights and social guarantees for citizens of this age category.

Let’s see what the employer needs to know in order not to voluntarily or involuntarily break new laws. First of all, it is necessary to determine such concepts as “pre-pensioner” and “pre-retirement age”, and clearly indicate their semantic load. Article No. 4 of the Law of the Russian Federation dated April 19, 1991 No. 1032-1 (edition of December 11, 2018) “On the employment of the population in the Russian Federation” explains that pre-pensioners are citizens who have reached pre-retirement age, namely, five years before the onset age giving the right to an old-age insurance pension, including one appointed ahead of schedule.

I ask you to draw the attention of employers to the fact that in accordance with the legislation of the Russian Federation in our country there has been and remains a certain category of citizens who can apply for early retirement. Accordingly, these employees fall into the category of “pre-pensioner” 5 years before the term for early retirement.

An employer should be careful when hiring and firing citizens over the age of 50. It will not be superfluous to clarify the information about whether the candidate for the position in the Armed Forces of the Russian Federation accepted for the position, whether he worked in hazardous industries, and so on.

Planned retirement age

Additional reporting

Currently, companies have not legally established any additional reporting on employees of pre-retirement and retirement age. Rostrud’s letter, which caused a lot of noise, dated July 25, 2018 No. 858-PR, ordering from November 2018 to provide quarterly reports on the number of employees of pre-retirement age, does not contain a requirement and, accordingly, is not mandatory.

Compliance with modern labor requirements

Raising the retirement age raises many questions for both employers and employees. Today, the business has a request for employees who own modern technology and knowledge of modern methods used in business. For example, sales today are closely related to the use of the Internet, online promotion channels and new programs. Often, employees of pre-retirement age do not have such knowledge and therefore can not compete with young professionals. The presence of special skills and knowledge helps to solve modern commercial and managerial tasks, and the absence of those does not allow the employee to remain in demand and is an obstacle to finding a new job.

Age candidates approaching retirement or pre-retirement age have the opportunity to undergo free retraining programs offered by territorial employment centers. As for the private business, it will be necessary to retrain, upgrade qualifications and train staff at their own expense.

Employment for age staff

There should not be significant differences in the rules for employing employees of pre-retirement and retirement age from the procedure for admitting citizens of other categories. However, remember that the candidate has the right, guaranteed by Article No. 64 of the Labor Code of the Russian Federation, to request a motivated written refusal to hire, and the company is obliged to give such an answer no later than within 7 business days from the date of such a request. The company cannot ignore such a request, but it must be remembered that you cannot refuse a candidate because of age, otherwise a complaint may be filed with the Labor Inspectorate or appeal against the refusal in court.

Refusal should be based only on the absence of certain knowledge and skills necessary for the implementation of professional activities and tasks.

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