Who is a pensioner? Who are federal pensioners?

Many citizens of the Russian Federation, as they approach retirement age, do not plan to end their working career and at the same time show concern about the assignment of pension payments due to them. This article will help you get answers to most of your questions and improve your level of literacy in matters relating to pension payments.

Who can be considered working pensioners?

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 the 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 of December 15, 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 on the territory of the Russian Federation;
stateless persons permanently or temporarily residing on the territory of the Russian Federation;
citizens of foreign states temporarily staying on the territory of the Russian Federation;
stateless persons temporarily staying on the territory of the Russian Federation.

Article 7 of the Federal Law of December 15, 2001 No. 167-FZ provides a detailed explanation in relation to insured persons:

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 study and receiving payments for activities carried out in the student team under employment contracts or under civil contracts, the subject of which is the performance of work and (or) provision of services), under an author's order agreement, as well as the authors works receiving payments and other remuneration under agreements on the alienation of the exclusive right to works of science, literature, art, publishing license agreements, license agreements on granting the right to use works of science, literature, art;
those who independently provide 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);
who are members of peasant (farm) households;
working outside the territory of the Russian Federation in case 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;
clergy;
other categories of citizens whose relations under compulsory pension insurance arise in accordance with this Federal Law.

Example:

Pensioner Valentina Fedorovna decided to help a young family living next door by escorting their children from school to the pool. For this service, Valentina Fedorovna receives a monetary reward, but no labor relations have arisen between the pensioner and the young family. Based on the lack of an employment relationship, Valentina Fedorovna cannot be considered as a working pensioner, despite the fact that she provides services to accompany children on a daily basis.

Is a pension granted to working pensioners?

Determining the amount of 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 02/01/2020 amounted to 5686.25 rubles.

The amount of the insurance pension depends on:

individual number of pension points;
pension point value.

The number of pension points depends on:

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

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

Opportunities opening up for pensioners by deferring receipt of pension payments.

A working pensioner voluntarily has the right to refuse to receive a pension, having received after a year:

10 points on an individual personal account;
increase in the size of the fixed payment by 1,056 times;
increase in the estimated insurance pension by 1.07 times.

A working pensioner can use this right for a period of no more than 10 years.

To terminate or resume payment of a pension, a pensioner must contact the body providing pensions at his 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 payment, the pensioner will be restored to a higher insurance pension.

Indexation of pension 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” (as amended and supplemented) “Pensioners engaged in work and (or) other activities during which they are subject to compulsory pension insurance ..., the amount of the insurance pension, 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, without taking into account the indexation (increase) of the amount of the fixed payment to the insurance pension ... taking place during the period of work and (or) other activities.”

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

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Question from Anatoly Valerievich Burtsev

Novosibirsk, Novosibirsk region

I have been retired for a year and a half now. During this period I did not work. I accidentally found out that I am still considered a working pensioner and cannot apply for indexation. I started to find out why. It turns out that I had previously published two articles (I write scientific articles). Apparently, the editor officially formalized deductions to the Pension Fund of the Russian Federation from the fee due to me. How legal is all this?

Answer

There is no violation of the law here. Since the beginning of 2016, amendments have been made to pension legislation. Now everyone who works and (or) performs other paid activities (the employer makes accruals and pays insurance premiums) and at the same time receives a pension is assessed from the point of view of the law as “working pensioners”.

Working people also include all citizens:

performing work or providing services on the basis of a civil agreement;
who are the authors of works who receive payments and other forms of remuneration on the basis of contracts involving the alienation of exclusive rights to works (in the field of art, literature, science);
related to members of households (farmers, peasants).

At any time, without any time limit, to the territorial body of the Russian Pension Fund at your place of residence.

From July 1, 2012, citizens have the right to apply for assignment, recalculation of the size of a labor pension, transfer from one pension to another, payment or delivery of a labor pension through an electronic document transmitted via the Internet.

If a citizen who has reached retirement age and issued a pension continues to work, then the payment of an old-age labor pension to him is made without any restrictions (Article 18 of the federal law “On Labor Pensions in the Russian Federation”).

Reaching retirement age does not automatically mean leaving your job. At the initiative of the employer, a pensioner, like any other employee, can be dismissed only on the general grounds provided for in Article 77 of the Labor Code of the Russian Federation. These include: agreement of the parties, expiration of the employment contract, liquidation of the organization, reduction in the number or staff of employees, absenteeism, appearing at work in a state of intoxication, and others.

If the employee continues to work, at the initiative of the employer it is possible to transfer him, with consent, to another position.

If an employee who has reached retirement age does not want to continue working, then he has the right to resign of his own free will in connection with retirement (Article 80 of the Labor Code of the Russian Federation).

At the same time, the employer does not have the right to demand that the employee notify him of his dismissal two weeks in advance if it is indicated that the desire to quit is caused by retirement. If the employee does not indicate this, then the dismissal in this case will not be considered a dismissal due to retirement, and he must notify about his desire two weeks in advance.

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

When hiring, by agreement of the parties, a probationary period may be established, since the list of persons for whom it is not established does not include pensioners (Article 70 of the Labor Code of the Russian Federation).

The length of a pensioner's daily work shift has no special features compared to other workers. Working pensioners are not among the persons for whom the employer is obliged to establish a part-time or part-time work week (Article 93 of the Labor Code of the Russian Federation).

But this is possible at the request of the pensioner. The Labor Code of the Russian Federation does not limit working pensioners’ right to work at night; they are allowed to work overtime on a general basis, as well as work on weekends and holidays.

All pensioners working in an organization under an employment contract have the right to annual leave of 28 calendar days (Article 115 of the Labor Code of the Russian Federation).

If the employee is an external part-time worker, he is also entitled to annual paid leave.

They are established for all non-working pensioners if the total amount of their material support does not reach the minimum subsistence level for a pensioner established in a constituent entity of the Russian Federation.

If the cost of living for a pensioner, established in the subject of the Russian Federation in which the pensioner lives, does not reach the cost of living for a pensioner in the Russian Federation as a whole, then the territorial bodies of the Pension Fund of the Russian Federation will establish a federal social supplement to the pension for the pensioner.

If the cost of living of a pensioner in a subject exceeds the cost of living of a pensioner in the Russian Federation as a whole, then a regional social supplement to the pension will be established for the pensioner by the authorized executive body of the subject of the Russian Federation (Article 12.1 of the Federal Law of July 17, 1999 “On State Social Assistance”).

In Moscow, the total amount of pensions and additional payments must be no lower than the city social standard - 12 thousand rubles (valid from January 1, 2012).

The circle of persons who are labor veterans is clearly defined by Article 7 of the Federal Law “On Veterans,” and the procedure and conditions for conferring the title “Labor Veteran” are assigned to each subject of the Russian Federation independently. In the capital, it is prescribed in the decree of the Moscow government of June 27, 2006 “On awarding the title “Veteran of Labor”.

Article 7 of the Law “On Veterans” states that labor veterans are persons:

— having a “Veteran of Labor” certificate;

- awarded with orders or medals, or awarded honorary titles of the USSR or Russia, or awarded departmental insignia in labor and having the length of service necessary to grant an old-age or long-service pension;

- persons who began working as a minor during the Great Patriotic War and have a work experience of at least 40 years for men and 35 years for women.

The material was prepared based on information from open sources

In 2019, more than 35 million people received old-age pensions in Russia. Since all pensioners have different merits in the past, the conditions for assignment and the size of the pension differ. Below you can find out about all types of old-age pensions, the amounts of payments, who is entitled to an old-age pension, how to apply for and receive it.

Types of old age pensions

In the current Russian pension system, old-age pensions are divided into 3 types, depending on the pensioner’s past activities. - the most common pension in Russia, the former name of which is old age labor pension. To obtain it, you need insurance experience (formerly work experience) and accumulated pension points. is prescribed to people who have reached a certain age (details below) and have lived in Russia for more than 15 years, as well as to small-numbered peoples of the North. To receive such a pension, insurance experience and pension points are not required. paid to citizens who suffered during the tragedy at the Chernobyl nuclear power plant, as well as from other radiation and other man-made disasters.

People affected by the accident at the Chernobyl nuclear power plant, who have earned sufficient work experience and pension points, have the right to choose which old-age pension to receive: insurance or state.

Old age insurance pension

Old age insurance pension (former name - labor pension old age) is due to citizens of the Russian Federation as compensation for earnings that were lost due to old age.

This type of pension is regulated by the federal law “On Insurance Pensions”, as amended on December 29, 2015.

For people who have performed harmful and dangerous work, the minimum retirement age requirements have been reduced. There are about 300 such jobs and professions. Their full list and the retirement age in connection with them are on the early retirement page.

For civil servants, on the contrary, the established retirement age will gradually increase. A list of government jobs that have separate retirement age requirements and other details about government employee pensions can be found on the government employee retirement age page.

Amount of old-age insurance pension

The amount of the old-age insurance pension is calculated individually, as it depends on your insurance period and the accumulated number of pension points.

The pension amount consists of a fixed payment, the same for all pensioners, and the insurance part, which is calculated personally.

The average old-age insurance pension in 2019: 15,210 rubles.

For pensioners who do not work, the average insurance pension is 14,329 rubles.

This amount is valid from January 1, 2019, when the last indexation of insurance pensions was carried out. Compared to 2018, the amount of insurance pensions in 2019 was increased by 7.05%. In 2018 there was an increase of 3.7%. In 2017, the pension was indexed by 5.4%. You can read in detail about indexation.

To find out the exact size of your pension, you need to calculate it using the method that is described in detail in the section calculating pensions. You can find all the necessary formulas, values and coefficients there.

Those people whose old-age insurance pension is less than the minimum subsistence level of a pensioner established by the government are entitled to a social supplement up to this level.

How to get an old-age insurance pension

To apply for an old-age insurance pension, you need to submit an application and documents (forms and a list of documents are below) to the Pension Fund office at the place of your permanent or temporary registration.

Serving method of your choice:

personally;
through a proxy;
sending by Russian Post;

You can apply for an old-age insurance pension 1 calendar month (but not earlier) before reaching retirement age.

If you are already eligible for a pension and plan to start receiving it this year, contact the Pension Fund as soon as possible. You will not be paid your pension while you delay applying.

If you apply for a pension later than a year after you become entitled to it, then the fixed payment of your insurance pension will be increased by an increasing factor for each full year from the moment you become entitled to a pension until the moment you apply to the Pension Fund.

Documents for applying for an old-age insurance pension

To apply for an old-age insurance pension, you need to provide the pension fund with a package of documents, which includes:

Application for an old-age insurance pension;
Russian passport or residence permit;
SNILS;
Work record book or other documents confirming work experience;
Certificate of average monthly earnings for any 60 consecutive months, until 2002 (optional).

A certificate of average monthly earnings is needed if in 2000-2001 you did not work, worked unofficially, or your income was small and you would like to take into account the average monthly income for other periods to calculate your pension. Then you will need to provide the Pension Fund with a certificate for any 60 consecutive months or more, up to 1999 inclusive. If you do not provide a certificate, your pension will be calculated according to the individual (personalized) records available in the Pension Fund.

A complete list of all documents that may be requested by the Pension Fund depending on various circumstances can be downloaded below.

Download:

Detailed list of documents for assigning an old-age insurance pension
Application form for an old-age insurance pension
Rules for filling out an application for an old-age insurance pension

Deadlines for assigning an old-age insurance pension

The day of applying for a pension is considered to be the date of filing the application with the Pension Fund or the date of sending the application by mail, indicated on the postmark. From this day on, an old-age insurance pension is assigned, if at that time you are already entitled to it.

After receiving the application and a complete set of documents, the Pension Fund will consider the application within 10 working days.

If some of the documents are missing, the application will be considered within 10 days from the date of their submission. In this case, provide the missing documents within 3 months, so that the date of receipt of the application is considered the day of applying for a pension.

An old-age pension is assigned earlier than the day of application only in one case: if you have become entitled to it, you quit your job and no more than 30 days after that you applied to the Pension Fund. Then the day of assignment of the pension is considered to be the next day after dismissal.

Social old age pension

The social old-age pension exists to support vulnerable segments of the population. It can be obtained by elderly citizens permanently residing in Russia.

Unlike insurance and state pensions, a social old-age pension can be received by people who do not have any insurance experience, pension points, or even Russian citizenship.

The payment of social old-age pensions is regulated by the law “On State Pension Provision in the Russian Federation”.

Who is entitled to social old age pension?

Social old-age pension is paid to two categories of citizens:

elderly people who, for some reason, were unable to earn a sufficient amount of insurance coverage and pension points;
representatives of small peoples of the North to support them.

Conditions for assigning a social old-age pension

Elderly citizens who do not have sufficient insurance experience and pension points are assigned an old-age insurance pension if the following conditions are met.

Retirement age: 65 years - for men, 60 years - for women
Russian citizenship or permanent residence in the Russian Federation from 15 years
Lack of official place of work

Since this type of pension is intended to support disabled citizens, the presence of a paid place of work may become an obstacle to its assignment. Therefore, when applying for a social old-age pension, if you work unofficially, do not report this to the Pension Fund.

For representatives of the small peoples of the North, the conditions are as follows:

Retirement age: 55 years - for men, 50 years - for women
Permanent residence in the Northern regions at the time of retirement

Amount of social old-age pension

Amount of social old-age pension: 5,180.24 rubles.

Residents of those regions of Russia where the cost of living of a pensioner is higher than the social old-age pension, taking into account all additional payments, are entitled to a social supplement to their pension.

For those citizens who received a labor disability pension, but upon reaching 65 or 60 years of age (for men and women, respectively) were transferred to receive a social old-age pension, its amount cannot be less than the size of the labor disability pension. Such people are paid an increased social pension.

Residents of the Far North and equivalent areas are paid a social pension multiplied by the corresponding coefficient.

The regional coefficient is valid only while the pensioner lives in a given area, until he changes his place of residence.

How to get an old-age social pension

The application and a complete package of documents must be submitted to the Pension Fund office at the place of your permanent or temporary registration. If there is no registration, the documents are submitted to the Pension Fund branch operating at the place of your actual residence in Russia.

Serving method of your choice:

personally;
through a proxy;
sending by Russian Post;
through your personal account on the Pension Fund website.

The old-age social pension is assigned for an unlimited period (indefinitely) from the 1st day of the month in which you apply to the Pension Fund of the Russian Federation, but not before you become entitled to it.

The exception is citizens who previously received a disability pension, but due to reaching age were transferred to receive a social pension. For these people, the pension payment date will remain unchanged.

Documents for applying for a social old-age pension

To apply for an old-age social pension you will need the following documents:

application for a social old-age pension;
passport.

In addition, the Pension Fund may request additional documents, depending on your specific situation. You can download a complete list of documents that may be needed, as well as the requirements for them, from the link below.

Download:

State old age pension

The state old-age pension is awarded to Russians who suffered from the tragedy at the Chernobyl nuclear power plant or as a result of other man-made disasters.

This pension is paid both to participants in the liquidation of the consequences of the Chernobyl accident and to citizens who:

lived in the contaminated area before and were evacuated or left it independently;
currently live or work in the resettlement zone;
were exposed to radioactive radiation, suffered illness or disability;
currently live in an area with a preferential socio-economic status.

Citizens who are associated with the Chernobyl nuclear power plant are assigned a state old-age pension according to Federal Law dated December 15, 2001 No. 166-FZ or according to the Law of the Russian Federation dated May 15, 1991 No. 1244-1.

Who is entitled to the state old age pension?

The conditions for receiving a state old-age pension vary depending on many factors. Recipients of this pension are divided into several categories listed below, for which different conditions for receiving the state old-age pension apply.

Age to receive state old age pension

For those citizens who were most severely affected by the tragedy at the Chernobyl nuclear power plant, the retirement age has been reduced by 5 to 10 years.

For citizens who lived or worked in contaminated areas at any time during the period from the Chernobyl accident to June 30, 1986, the generally established retirement period is reduced in accordance with the table below.

Category of citizens	Decrease in age
Citizens resettled from the resettlement zone


Citizens permanently residing in the resettlement zone before their relocation to other areas


Citizens employed at work in the resettlement zone (not residing in this zone)	3 years and an additional six months for each full year of residence or work in the resettlement zone, but not more than 7 years in total
Citizens permanently residing in the residence zone with the right to resettle


Citizens who voluntarily left for a new place of residence from the zone of residence with the right to resettle	2 years and an additional 1 year for every 3 years of residence or work in the specified zone, but not more than 5 years in total
Citizens permanently residing in a residential area with preferential socio-economic status	1 year and an additional 1 year for every 4 years of residence or work in the specified zone, but not more than 3 years in total
Citizens who became disabled as a result of other (non-Chernobyl) radiation or man-made disasters	The conditions for assigning a pension are regulated by separate regulations

Conditions for receiving a state old-age pension

In addition to reaching retirement age, at least a minimum length of service is required to receive a state old-age pension.

The minimum insurance period for receiving a state old-age pension is 5 years

In this case, the pension is assigned in accordance with the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation”.

If you are included in one of the above categories, and your insurance record and pension points are sufficient, then instead of a state pension you can receive it early. This is permitted by the law of May 15, 1991 No. 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant.”

Amount of state old age pension

State old age pension amounts are measured as a percentage of social old age pensions. Currently, this is 250% and 200% of the social pension for various categories of citizens.

For pensioners who have disabled family members as dependents, the amount of the state old-age pension increases by 1,653.28 rubles per month for each dependent, but not more than by 3 people.

How to get a state old age pension

The application and a complete package of documents must be submitted to the Pension Fund office at the place of your permanent or temporary registration.

If there is no registration, the documents are submitted to the Pension Fund branch operating at the place of your actual residence in Russia.

Serving method of your choice:

personally;
through a proxy;
sending by Russian Post;
through your personal account on the Pension Fund website.

If you live outside of Russia, then the application must be sent to the address: 119049, Moscow, st. Shabolovka, 4

You can apply for a state old-age pension 1 calendar month (but not earlier) before reaching retirement age.

The pension will be assigned to you for an unlimited period (indefinitely) from the first day of the month following the month of application.

Documents for applying for a state old-age pension

To apply for a state old-age pension you will need the following documents:

application for a state old-age pension;
passport of a citizen of the Russian Federation;
work book or other documents confirming work experience.

Download:

List of documents for assigning a state old-age pension
Application form for state old-age pension
Rules for filling out an application for a state old-age pension

The material provided 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 pension reform. A working pensioner is a sign of the times. Work for a pensioner already a necessity. Therefore, once again, it is always useful to clarify today’s labor standards.

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

Russian legislation distinguishes three categories of pensioners:

Old age (age) pensioners;

Military retirees;

Disabled people receiving a pension.

In the article we will look at the features of labor relations with old-age pensioners.

Who is considered an old-age pensioner?

According to paragraph 3 of the Determination of the Constitutional Court of the Russian Federation dated May 15, 2007 N 378-O-P, old-age pensioners include persons who have reached retirement age and who, in accordance with pension legislation, have been assigned an old-age pension. If a pension is assigned due to other circumstances, such a citizen is not considered an old-age pensioner. Men who have reached the age of 60 years and women who have reached the age of 55 years have the right to an old-age labor pension (Clause 1, 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 before reaching the specified age:

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

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

Unemployed citizens who were dismissed due to the liquidation of an organization, a reduction in personnel or staff and who, regardless of interruptions in their work activity, have work experience that gives the right to an old-age pension, but not earlier than two years before the retirement date established by the legislation of the Russian Federation (p 2 Article 32 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On employment 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 Determination of the Constitutional Court of the Russian Federation of May 15, 2007 N 378-O-P).

Peculiarities 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 cases, the rules for hiring age pensioners are similar to the rules applied to ordinary employees.

However, the law provides for two restrictions related to the age of the applicant. For civil servants, the age limit for being in the civil service is 65 years (clause 4, clause 2, article 39 of the Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation”). Candidates under the age of 65 can be elected to the positions of heads of universities (rector, vice-rectors, heads of branches, deans of faculties) (Part 12 of Article 332 of the Labor Code of the Russian Federation). Upon reaching this age, employees occupying these positions should be transferred, with their written consent, to other positions that meet their qualifications.

What agreements can be concluded with a pensioner?

With a senior citizen, the employer can conclude:

Employment contract for an indefinite period;

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

An agreement of a civil law nature (for example, a 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 part-time in an organization.

Let's consider what rights a pensioner will have depending on the type of employment contract.

Indefinite employment contract

The legislation does not provide for any specific features of concluding an employment contract for an indefinite period with retired employees.

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

Passport or other identification document;

Employment history;

Insurance certificate of state pension insurance;

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

If a pensioner enters a job that requires special knowledge or special training, he must also provide 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, about the state of health (Part 2 of Article 65 of the Labor Code of the Russian Federation).

An elderly employee candidate 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 becomes a pensioner, he does not need to be fired and a fixed-term employment contract is drawn up. Otherwise, in accordance with Part 1 of Art. 5.27 of the Code of Administrative Violations, an organization can be fined for violating labor and labor protection laws.

Fixed-term employment contracts include those concluded to perform seasonal work. When drawing up such an agreement, the employer should warn the employee that paid leave is provided to him or compensation for unused leave 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 does not use the vacation or 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 on 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 to be done and the conditions for its implementation allow concluding an open-ended employment contract. If the court subsequently finds that the employee was forced to enter into a fixed-term contract, such a contract will be recognized as open-ended (concluded for an indefinite period). This is stated in paragraph 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

In addition, the court recognizes a fixed-term contract as indefinite if, at the end of its validity period, the organization enters into a similar fixed-term contract with the pensioner with the same labor function as before. For violating the rules for drawing up a fixed-term employment contract, the company may be fined. The fine for a legal entity ranges from 30,000 to 50,000 rubles. In addition, suspension of the organization’s activities for up to 90 days is used as a penalty (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Entry in the work book. In the work book of a retired employee, an entry about hiring should be made in the 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 Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69.

Probation

The possibility of establishing a probationary period when hiring is provided for in Art. 70 of the Labor Code.

You can test a pensioner. Pensioners are not included in the list of persons for whom no testing is imposed upon hiring (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 only be established by agreement of the parties (Part 1 of Article 70 of the Labor Code of the Russian Federation);

The condition of a 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 employment (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.

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 trial can increase to six months (Part 5 of Article 70 of the Labor Code of the Russian Federation).

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

Part-time pensioners are entitled to the same guarantees and compensation as regular employees. For example, they are entitled to annual paid leave, sick leave pay and compensation for unused vacation upon dismissal.

Information about part-time job can be entered into 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. When applying for a job as an external part-time worker, the pensioner must present the documents listed in Art. 283 Labor Code. The list of these documents differs from the list of documents presented when concluding the main employment contract. Thus, it is not necessary to present a work book and military registration documents (Part 1 of Article 65 of the Labor Code of the Russian Federation). However, to assign temporary disability benefits, you will need a copy of the work record certified at the place of your main job.

Why is it worth presenting a certificate of insurance from state pension insurance? The list of documents required to conclude a part-time employment contract does not include an insurance certificate of state pension insurance. However, in the interests of a part-time pensioner, the employer may ask to represent him for the purpose of calculating pension contributions. The calculation of pension contributions and their proper accounting in the compulsory pension insurance system will allow an older worker to qualify for a subsequent recalculation of the pension and an increase in its size.

Pension insurance for a working pensioner

Working pensioners, as well as ordinary employees, are subject to compulsory pension insurance (Clause 1, Article 7 of Federal Law No. 167-FZ of December 15, 2001 “On Compulsory Pension Insurance in the Russian Federation”, hereinafter referred to as Law No. 167-FZ). In this case, it does not matter under which contract they work - an employment contract or a civil law contract (Clause 1, Article 7 of Law No. 167-FZ). This means that the employer is obliged to pay pension contributions for wages and other remunerations paid to working pensioners (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 No. 167-FZ).

In 2009, contributions are calculated according to the tariffs established in paragraphs. 1 item 2 art. 22 of Law No. 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 No. 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 contributions are paid late, then for each calendar day of delay, penalties will be charged starting from the day following the established day for payment of insurance premiums (clause 4 of Article 26 of Law No. 167-FZ). And for non-payment or incomplete payment of pension contributions, the employer may be fined in the amount of 20% of the unpaid amounts of insurance contributions (clause 2 of Article 27 of Law No. 167-FZ).

Please note: from January 1, 2010, the above procedure for calculating and paying insurance pension contributions changes due to the entry into force of Federal Law dated July 24, 2009 N 213-FZ. We will tell you more about this in upcoming issues.

The employer, at the request of working pensioners, is obliged to provide them with information about the transfer of contributions to the Pension Fund (Clause 1, Article 15 of Law No. 167-FZ).

Pensioners are not among the persons for whom the employer is obliged to establish such a working time schedule in accordance with Part 1 of Art. 93 Labor Code. But this is possible at the request of a working pensioner.

However, part-time working hours 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 entail significant changes in working conditions, there is a possibility of mass layoffs of workers. This is stated in Part 5 of Art. 74 of the Labor Code.

Wages for pensioners working part-time are calculated in proportion to the time actually worked or depending on the amount of work they perform (for piecework wages) (Part 2 of Article 93 of the Labor Code of the Russian Federation). The work of part-time workers 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, the wages must take into account all additional payments and allowances to the salary, 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 bonuses of an incentive nature, 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 employees. For example, the employer is required to provide basic paid leave of 28 calendar days to both full-time and part-time employees.

Reduced working hours. If a working old-age pensioner is also 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). Such employees are paid the same amount as for full weekly work. This follows from Part 3 of Art. 23 of the Federal Law of November 24, 1995 N 181-FZ "On the social protection of disabled people in the Russian Federation."

A 40-hour work 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 workplace certification (Part 1 of Article 92 of the Labor Code of the Russian Federation).

The condition for reduced working hours must be specified in the employment contract (Part 2 of Article 57 of the Labor Code of the Russian Federation).

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

Availability 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 (Part 5, Article 99 of the Labor Code of the Russian Federation).

Work from home. The employer can use the services of retired homeworkers, who, regardless of the type of pension assigned, have a preferential right to conclude an agreement to work from home (clause 4 of the Regulations approved by the Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated September 29, 1981 N 275/17-99).

Homeworkers regulate their working hours independently. In the working time sheet, forms (N N T-12 and T-13) are approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1 “On approval of unified forms of primary accounting documentation for recording 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 working conditions for workers of retirement age. But the employer, when hiring such an employee, must take into account that working conditions, in particular the working hours and rest periods, 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 paragraph 13 of Recommendation No. 162 “On older workers”, approved by the International Labor Organization on June 23, 1980. For example, employers are advised to:

Change forms of work organization if they lead to excessive strain on older workers, in particular by limiting overtime work;

Adapt the workplace and tasks to the capabilities of a 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 pensioners.

Increased guarantees for working pensioners compared to ordinary employees can be provided for by a collective agreement, agreements, local regulations, or an employment contract.

Vacations

Let's consider what types of vacations and for what duration working pensioners are entitled.

Annual basic paid leave

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

If a pensioner has 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 vacation for the second and subsequent years at any time in accordance with the vacation schedule.

Let us 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 of the Great Patriotic War and combat veterans (clause 13, clause 1, article 15 and clause 11, clause 1, article 16 of the Federal Law of January 12, 1995 N 5-FZ "On Veterans"), pensioners who suffered as a result of the Chernobyl accident (clause 5 of Article 14 of the Law of the Russian Federation of May 15, 1991 N 1244-1 "On the 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 granted simultaneously with leave for the main job. Therefore, if an employee has not worked at a part-time job for six months, he must be given leave 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 old-age pensioners with leave without pay for up to 14 calendar days a year (paragraph 3, part 2, article 128 of the Labor Code of the Russian Federation). Moreover, this leave is provided regardless of the type of employment contract concluded with the pensioner.

The time of such leave is counted towards the employee’s total continuous work experience. The number of vacation days at your own expense exceeding 14 calendar days is excluded from the length of service giving 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 days of unpaid leave. Therefore, it is recommended to notify the employee of this circumstance in advance.

Additional holidays

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

For workers injured as a result of the Chernobyl accident - 14 calendar days (clause 5 of Article 14 of the Law of the Russian Federation of May 15, 1991 N 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant”);

For retired workers with irregular working hours - at least three calendar days (Part 1 of Article 119 of the Labor Code of the Russian Federation).

Leave for special categories of pensioners

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

For an extended main leave of 30 calendar days (Part 5, Article 23 of the Federal Law of November 24, 1995 N 181-FZ “On the social protection of disabled people in the Russian Federation”). To do this, the employee must write a corresponding application;

Vacation without pay - up to 60 calendar days per year (paragraph 5, part 2, article 128 of the Labor Code of the Russian Federation).

Vacations home-based pensioners are provided according to the general rules - 28 calendar days (Part 4 of Article 310 of the Labor Code of the Russian Federation)