Age employees: what the employer needs to know
Elena Sidorenko shares information that is related to the employment of pre-retirement employees in a company: whether additional reporting is necessary for this, what are the features of entering into an employment contract, and whether it is necessary to provide “age-related” 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 the innovations, women reach the retirement age of 60 years, men – at 65. In addition to raising the retirement age, the draft law provides additional guarantees of social support for pre-retirement citizens. One of the most important aspects related to labor activity was the introduction of criminal liability for employers for refusing to hire or for unjustified dismissal of a citizen who has reached retirement age. Such measures are due, primarily, to the desire of the state to provide constitutional rights and social guarantees for citizens of this age category.
Let’s see what the employer needs to know, so as not to violate new laws, voluntarily or involuntarily. First of all, it is necessary to determine such concepts as “pre-pensioner” and “pre-retirement age”, and clearly define their semantic load. Article No. 4 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 (dated December 11, 2018) “On Employment of the Population in the Russian Federation” explains that the pre-pensioners are citizens who have reached the pre-pension age, namely, five years before the occurrence the age of entitlement to the old-age insurance pension, including that granted early.
I ask the employers to pay attention to the fact that, in accordance with the legislation of the Russian Federation, a certain category of citizens who can apply for early retirement has been and remains in our country. Accordingly, these workers fall under the category of “prepensioner” 5 years before the date of early retirement.
The employer should be careful when hiring and firing citizens over the age of 50 years. It would not be superfluous to clarify the information on whether the candidate for the post served in the RF Armed Forces, worked in hazardous industries, and so on.
At the moment, no additional reporting on employees of pre-retirement and retirement age is established by law for companies. The letter from Rostrud, which caused a lot of noise, No. 858-PR dated July 25, 2018, which prescribes quarterly reports on the number of employees of pre-retirement age from November 2018, does not contain a requirement and, accordingly, is not mandatory.
Compliance with modern labor demands
Raising the retirement age raises many questions for both employers and employees. Today, the business has a request for employees who possess modern technologies and knowledge of modern methods used in business. For example, the scope of sales today is closely related to the use of the Internet, online promotion channels and new programs. Often, employees of pre-retirement age do not have this knowledge and therefore cannot compete with young professionals. The presence of special skills and knowledge helps to solve modern commercial and managerial tasks, and the lack thereof does not allow an employee to remain in demand and is an obstacle when looking for a new job.
Age candidates approaching retirement or pre-retirement age have the opportunity to complete free retraining programs offered by territorial employment centers. As for private business, it will be necessary to retrain, improve their qualifications and train staff at their own expense.
Employment age employees
There should be no significant differences in the rules for employing employees of pre-retirement and retirement age from the procedure for receiving citizens of other categories. However, remember that the candidate has the right, guaranteed by Article 64 of the Labor Code of the Russian Federation, to request a reasoned written refusal to accept a job, and the company is obliged to give such an answer no later than within 7 working days from the moment such a claim is submitted. The company cannot ignore such a request, but we must remember that you cannot refuse a candidate because of age, otherwise a complaint may be filed with the Labor Inspectorate or an appeal against a refusal in court.
Failure should be based only on the lack of certain knowledge and skills necessary for the implementation of professional activities and tasks.
I recommend employers to prepare a template of official refusal in employment, agreed with lawyers. For example, hiring another candidate with higher qualifications, knowledge and skills.
Conclusion of an employment contract with citizens of pre-retirement age