Is a pensioner working under a contract considered to be working? How are civil contracts with pensioners drawn up? Working under a contract without a work book: pros and cons

Upon employment, the employee provides documents confirming:

• Identity of the employee (passport).
• Belonging to the category of pensioners (certificate).
• Qualification (diploma, certificates, etc.).
• Registration with the Pension Fund of Russia (SNILS).
• Tax registration (TIN certificate if available).
• Work experience (work book).
• Income received from employers during the previous 2 years (certificate).

When hiring for certain positions, you must provide a certificate confirming your health status. Medical examinations are required for work related to the food industry, food trade, catering, medicine, and hazardous working conditions. The absence of a certificate deprives a pensioner of the right to employment in a position. An example of the use of an income certificate. Pensioner K. left his job due to retirement.

How to hire an employee of retirement age?

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;
• the employee was hired to carry out specific work (cooperation with the person ends at the moment of signing the certificate of completion of work).

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.

Employment of a pensioner: registration, advantages, disadvantages

Hiring Procedure Hiring to an individual is far from uncommon. For example, a person gets a job as a housekeeper, nanny, or gardener. At the same time, the employee’s work does not become a way to make a profit for the employer.
According to Article 309 of the Labor Code, an employer who is not an individual entrepreneur does not have the right to create a new work book or make an entry in an existing one. That is, an employment contract is concluded with an employee without a work book. An agreement with an individual may be of an indefinite nature or a specific period of validity.
The terms of the agreement are individual in nature. But at the same time, they should not contradict the current labor legislation in matters of working hours, annual leave, etc. According to Article 303 of the Labor Code, an individual employer is obliged to notify local government authorities about the hiring of employees and their dismissal.

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Does a pensioner have the right to receive leave without pay until six months after being hired? The obligation to provide a pensioner with leave at any time upon his request is not established by law. Vacation planning is determined by the operating mode of the enterprise. The vacation period is established by agreement of the parties.

Attention

With the consent of the employer, leave may be granted. Question No. 5. Is it possible to fire a pensioner during the probationary period? Can. The procedure for passing the test when employing a pensioner does not differ from the terms of contracts for other categories of persons.

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Procedure for hiring pensioners

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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 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.

Work without registration for pensioners: positive and negative aspects

You will need

• - employment history;
• — archival records;
• — other documents confirming work experience.

Instructions 1 Determine your length of service, based on the instructions of the Government of the Russian Federation No. 516 of December 29, 2006. According to the law, the main document by which the length of service at each enterprise is determined separately and overall seniority, is a work book. 2 From each date of dismissal from each enterprise, subtract the date of admission, add up all the results obtained. One year of work will be equal to 12 months, 1 month – 30 days. 3 In the absence of a main document for which there is no special effort You can confirm and determine all available experience, you have the right to issue a duplicate of the work book at the request of the applicant and enter all the experience into it.

Working under a contract without a work book: pros and cons

Despite the fact that the concept of “continuous work experience” has lost its relevance, when concluding an employment contract, an employer can condition the provision of certain benefits to employees by the duration of continuous work with him. In addition, a large number of dismissals without good reason indicates a person’s fickleness, which can become an indirect reason for refusal to hire. Helpful advice In some special cases and controversial issues arising regarding continuity of employment, please consult a lawyer.

Sources:

• How is work experience interrupted?

Career

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.
The labor legislation of the Russian Federation stipulates that a work book is a mandatory document when applying for a job. It is impossible to officially find a job without it. It is the entry in the labor record that certifies that there is a fact of hiring and a certain time period of work. If you have a completed work book, you can confirm in the future that you have a certain length of work experience. Also, an entry in the book becomes a compelling argument in case of disputes regarding payment of wages and receipt of guarantees. Working under a contract without a work book is like working under an oral agreement, that is, such employment leads to a complete lack of control over labor relations. The employer has the right to dismiss an employee at any time, pay less than the promised salary and is not obliged to provide guarantees.

We employ a pensioner under a contract

Registration under a contract - what pitfalls may lie in wait Despite the significant number of advantages this method performance of activities, the contract also has some disadvantages. At the same time, for the customer they are minimal and consist only in the absence of the opportunity to interfere in the work process. As for the contractor, by agreeing to work under a contract, he voluntarily deprives himself of a number of social benefits provided for by the employment contract:

• paid leave and sick leave, including maternity leave;
• days off;
• bonuses;
• social insurance.

In addition, the contractor does not have insurance for the result of his work, so it may be damaged before it is accepted by the customer (for example, due to the negligence of subcontractors), resulting in the risk of non-payment.

Is a contract included in the length of service? According to Part 1 of Art. 11 of the Law “On Insurance Pensions” dated December 28, 2013 No. 400-FZ, insurance length of service (this is how work experience began to be called after pension reform 2002) is formed through the performance of any type of work by an individual, subject to the payment of insurance contributions to the Pension Fund. According to Part 1 of Art. 4 of Law 400-FZ, each insured person has the right to claim insurance pension after reaching a certain age. Thus, the period of work under a contract is included in the total length of service and is taken into account when calculating the amount of pension payment if insurance premiums are paid for the contractor.

Dismissal under a work contract The term “dismissal” is used for labor relations, so it is not entirely correct to use it in relation to a work contract. The contract agreement specifies the start and completion date of the work (Clause 1, Article 708 of the Civil Code of the Russian Federation).

Legal assistance!

Moscow and region

St. Petersburg and region.

Federal number

Hello!

If we take regulatory acts as a basis, namely Decree of the Moscow Government dated November 27, 2007 N
1005-PP (as amended on December 26, 2012) “On approval of the Regulations on accrual and
payment of monthly compensation payments (additional payments) to pensions and one-time
payments made at the expense of the budget of the city of Moscow"", then the following is stated there:

6. Law
for the monthly compensation payment towards the pension specified in subparagraph
“a” of paragraph 2 of these Regulations, have citizens receiving a pension
in the city of Moscow (regardless of its type and the body to which it is paid),
registered in the city of Moscow at the place of residence on the day of application for
appointment of a monthly compensation payment towards the pension, if available
registration in Moscow at the place of residence for at least 10 years in total
complexity (including time of residence in Moscow annexed to the city
territories), and falling into the following categories:

a) has become invalid. - Decree of the Moscow Government of December 29, 2009 N 1462-PP;

b) disabled people and participants of the Great Patriotic War of 1941-1945. from among the persons
specified in subparagraphs “a” - “g”, “i” of subparagraph 1
paragraph 1 of article 2 of the Federal Law “On Veterans”, regardless of
place of work and position held;

c) children receiving a pension in connection with the death of the breadwinner, during the period of work until reaching
aged 18 years, as well as over this age, combining work with study
full-time in educational institutions all types and types, regardless of
their organizational and legal form (with the exception of additional institutions
education) - until they complete such training, but no longer than until
reaching the age of 23 years;

d) pensioners employed in certain positions in educational institutions,
healthcare, social protection of the population, family and youth policy,
culture, physical culture and sports, state veterinary service,
libraries (archives), government institutions, employment centers,
civil registry departments financed from budgets
all levels;

d) has lost its validity. - Decree of the Moscow Government of December 29, 2009 N 1462-PP;

e) pensioners working in housing and communal services organizations of the city in
positions: janitor; worker for complex cleaning and maintenance of households;
territory cleaner; garbage chute cleaner; office cleaner,
employed in cleaning stairwells and public toilets;

g) pensioners working as door attendants (concierges, doormen)
residential buildings;

h) pensioners working as cloakroom attendants at OJSC "Wardrobe Factory"
services" employed in budgetary institutions health, culture,
education, physical culture and sports;

i) disabled people of groups 1 and 2, as well as disabled children (under 18 years of age) regardless
from the place of work and position held;

j) disabled people of 3 groups, combining work with full-time study in educational institutions
institutions of all types and types, regardless of their organizational and legal form
(except for institutions of additional education), - until they graduate
such training, but not longer than until the age of 23;

k) group 3 disabled people working in enterprises employing the work of disabled people,
interacting with the Department of Science, Industrial Policy and
entrepreneurship in the city of Moscow, as well as at those located in the city of Moscow
specialized enterprises and organizations All-Russian Society blind
(VOS), the All-Russian Society of the Deaf (VOG) and the All-Russian Society of Disabled People
(VOI), regardless of position;

l)working disabled people due to the disaster at the Chernobyl nuclear power plant or
work to eliminate its consequences, as well as the accident in 1957 at the production facility
"Mayak" and the discharge of radioactive waste into the Techa River;

n) working disabled people from among veterans of special risk units, participants
liquidation of the consequences of the accident at the Chernobyl nuclear power plant in 1986-1990, citizens,
evacuated from the exclusion zone, resettled from the resettlement zone or
those who left for voluntarily from the specified zones after making a decision on
evacuation due to the Chernobyl disaster.

7.List of positions (professions) when working in budgetary institutions
education, health care, social protection of the population, family and
youth policy, culture, physical culture and sports, state
veterinary service, libraries (archives), government institutions centers
employment, civil registration departments, pensioners
have the right to receive a monthly compensation payment towards their pension (hereinafter referred to as the List of Positions), approved by the Moscow Government.

8. Calculation of monthly compensation payments towards pensions for citizens specified in
subclause “d” of clause 6 of these Regulations, working in positions
provided for in the List of Positions, is carried out if the work takes place in
budgetary institutions located in the city of Moscow or the Moscow region,
regardless of their departmental subordination.

Assignment of a monthly compensation payment towards the pension of the persons specified in subparagraphs
"g" - "h" and "l" - "n" of paragraph 6 of this
Provisions are made if the amount of their average monthly salary is not
exceeds 20,000 rubles. A certificate from the place of work on the average monthly salary (form 2-NDFL) is submitted by pensioners to the social protection department of the city of Moscow at the place where they receive their monthly compensation payment every six months.

So if you fall under the specified standards, then they will pay you, if not, then, accordingly, they will deprive you of the bonus. If they find out (but I didn’t tell you this phrase)!

In “” on the PFR website, pensioners can see information about the type, amount and date of assignment of the pension received and assigned social benefits.

In addition, it contains information about those pension rights that were not previously taken into account when calculating the pension. This refers to contributions for 2018, which the Pension Fund converts into points.

Note: At the same time, information on earnings, insurance premiums, points and length of service of a pensioner for previous years is not available in the service, reminds the Pension Fund.

Points accrued for 2018 will be taken into account when recalculating the pension in August 2019.

Moreover, there is a maximum threshold.

For example, a pensioner’s ILS for 2018 shows 8 points. However, when recalculating the pension amount from 08/01/2019, the maximum value of the individual pension coefficient will be taken into account - 3. It is not clear where the rest will go.

Russia is recognized as one of the worst countries for retirees

Russia entered the top five worst countries in the world for retirees, ranking 40th out of 43. Only Brazil, Greece and India were worse.

According to the Global Pension Index 2019, which is compiled annually by Natixis Global Asset Management, the leaders are Norway (86%), Switzerland (84%) and Iceland (82%). In Russia, the index fell from 46% to 45% over the year.

The index measures the comfort level of retirement in a given country. The calculations use four key parameters: financial situation, material well-being, quality of life and health. Each of these parameters can be rated on a scale from 0% to 100%.

Working pensioners 2020

The article will help you find out what will happen to the pensions of working pensioners in 2020, whether they are entitled to benefits and what part of the pension will still be indexed.

As of January 1, 2015, there were about 15 million working pensioners in Russia. This amount can be explained by the fact that to a greater extent the size of pensions is not able to satisfy the needs of citizens. In this article we will tell last news about the indexation of pensions for working pensioners, we will tell you what benefits they can count on and give practical advice on finding work for retirees.

Article outline:

1. Rights of working pensioners in 2020.
2. Frequently asked questions on the topic “Rights of working pensioners.”
3. All about indexation of pensions for working pensioners.
4. Benefits for working pensioners in 2020.
5. What are working pensioners deprived of compared to non-working ones?
6. How to find a job for a pensioner?

Rights of 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:

• Small size pension payments, which are not enough to maintain a comfortable standard of living.
• The retirement age in Russia is not high, so citizens are still able to continue working.
• Reluctance to lose position.
• Having free time that you want to fill with interesting activities.

1. Pensions to working pensioners must be paid without restrictions in the manner prescribed by law.
2. Whether pensioners will work after they reach retirement age should be decided in accordance with the Labor Code Russian Federation. You cannot fire a working pensioner just because it is time for him to go on vacation.
3. Citizens who have retired due to age can get a job according to an employment contract.
4. Pensioners have the right to work part-time.
5. From January 1, 2020, working pensioners have the right to receive annual paid leave.
6. Sick leave must be provided to working pensioners legally.
7. Every citizen can quit his job upon reaching retirement age. The employer has no legal right to oppose his decision.

They want to completely cancel pensions for working pensioners

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.

In accordance with the document being prepared, the state can cancel all types of pensions for citizens of retirement age who continue to work and whose income exceeds 1 million rubles per year. According to officials, such a measure will at least partially stabilize the Pension Fund's budget.

Frequently asked questions on the topic “Rights of working pensioners”

Question 1: Can a working citizen count on additional leave after going on vacation?

Answer: Every person who continues labor activity after reaching retirement age, he has the right to additional unpaid leave of 14 days, granted once a year. This rule is spelled out in the Labor Code of the Russian Federation.
The following are entitled to additional unpaid leave:

• WWII participants - up to 35 days annually.
• Disabled people - up to 60 days annually.

Question 2: Can an employer force a pensioner to go on unpaid leave?

Answer: Legally, an employer does not have the right to force a pensioner to go on vacation.

Question 3: If a citizen took an additional leave of absence for 14 days, can he interrupt it at any time and go to work?

Answer: Yes, it can. Additional leave can be added to the main annual leave without pay.

Question 4: Is it possible to fire a pensioner?

Answer: Working citizens do not have privileges and they can be dismissed in accordance with the Labor Code of the Russian Federation, if there are appropriate grounds, like any other employee with the exception of disabled people and pregnant women.

Question 5: Should a citizen work the two weeks established by law after dismissal?

Answer: According to the Labor Code of the Russian Federation, he can quit without working off.

Question 6: Can an employee of retirement age be laid off?

Answer: Reduction, just like the dismissal of a working pensioner, occurs according to legal grounds without any restrictions. Only disabled combatants who received disabilities in connection with the defense of the Fatherland and disabled WWII have privileges. This is written in detail in Article 179 of the Labor Code of the Russian Federation.

Question 7: Can an employer terminate an employment contract with a retired citizen and instead enter into a fixed-term employment contract?

Answer: Such actions are possible only mutually. Termination of an employment contract is not permitted without the employee’s consent. Otherwise, this fact can be appealed in court.

Question 8: Can an employee petition the employer to reduce working hours?

Answer: Maybe, but the employer has the right to refuse him if he is not disabled.

Question 9: Does a retired person have the right to work overtime and on holidays?

Answer: Of course it does. Just like an ordinary employee.

All about indexation of pensions for working pensioners in 2020

Working pensioners will not be affected by those who work. The pension will remain at the established level. The increase will only occur after these citizens are fired. Then the missed indexations will be carried out for them, as a result of which the pension will reach the required level.

Working pensioners do not need to quit immediately

Note: Source: Rossiyskaya Gazeta

The Pension Fund hastened to dispel rumors that appeared in the media that pensioners who did not retire by 2019 will be deprived of their pensions starting next year.

All citizens who are now eligible to receive a pension will receive pensions in 2019. Moreover, regardless of whether the pensioner works or not. The citizen himself decides whether to quit his job.

If a working pensioner decides to retire, his insurance pension will be recalculated upward. The fact is that upon termination of work, a citizen’s pension is paid taking into account the indexations that took place during the time when he was a working pensioner.

True, he will begin to receive a new increased pension only 3 months after his dismissal. This is due to the period during which the Pension Fund receives from employers the information necessary to recalculate pension payments.

Benefits for working pensioners in the Russian Federation

According to the legislation of the Russian Federation, pensioners have the right to benefits that apply to all citizens who have reached the age of retirement, regardless of whether they continue their working activities or not.

In this section we will look at the rights and benefits that are available to working pensioners. Some of them are relevant exclusively for the working population, while some are suitable for all retirees, regardless of status.

So, the following benefits and rights are provided for working pensioners:

1. Persons who have retired due to age cannot be dismissed solely at the request of the employer without reasons specified by the Russian Federation.
2. Every citizen who has reached retirement age has the right to stop working and write a letter of resignation at his own request.
3. Pensioners can get a job again. However, their pension will not decrease.
4. The length of the working day for pensioners cannot be changed if the employer wants it without reasons specified by law and the consent of the employee.
5. Working pensioners have the right to additional leave. True, it will be provided at your own expense. Vacation period is up to 14 days. To receive leave, you must write a corresponding application. Additional leave can be used immediately or partially within one year.
6. When concluding an employment contract between an employer and a pensioner, compulsory insurance contributions must be deducted in favor of the latter, which will go towards the funded pension.
7. If a person of retirement age is a veteran or disabled, he can receive a free trip to a sanatorium. This may be within the framework of special programs at the local and regional level.
8. Upon reaching 60 years of age, Russians have the right to receive a free flu vaccination.
9. Obtaining heat and gas at the expense of government funds.
10. According to the decision of a local or regional authority, retired citizens have the right to receive free medical care not only in a clinic in their area or city hospital, but also in a gerontological center.
11. If a pensioner has a disability, he can receive the necessary medications on preferential terms.
12. Pensioners receive money from the state.

Tax benefits for pensioners

Pensioners have privileges in paying property taxes. Citizens of retirement age who own real estate can take advantage of the benefits described below.

If a pensioner has a premises that is used for a library, creative studio, etc., then he may be exempt from paying property tax, provided that the area of ​​​​the said premises does not exceed 50 sq.m. and the land plot on which the building is located is provided for individual housing construction, a summer residence or private farming.

You can receive such a benefit only once and for one object. Even if a pensioner has several garages or apartments and uses them as a library and a non-state museum, then the benefit can only be used in relation to one of the real estate properties. The choice remains with the owner.

If the property owner does not submit an application by November 1 of each year, the tax authority will independently select an object that is not subject to property tax.

It is worth noting that in the regions of the Russian Federation it is provided governmental support on payment of transport tax for pensioners (working and non-working). Residents of the Krasnodar Territory, the Republic of Adygea and the Kostroma Region pay half of the accrued amount to the budget.

Only one vehicle is exempt. It is chosen by the payer. Please contact your local tax office or administration for details.

As for the land tax, this issue, like the previous one, is resolved at the regional level. This is explained by the fact that the tax funds received are sent to the local budget. Therefore, detailed and accurate information can only be obtained at your place of residence.

Pensioners in the cities of Rostov-on-Don, Tomsk and St. Petersburg are completely exempt from paying land tax on a land plot of up to 25 acres. Pensioners in Novosibirsk pay only half of the land tax.

To receive assistance, you need to apply to the appropriate authority and provide a pension certificate. The deadline for submitting documents is determined individually for each region. Be sure to pay attention to this.

What do working pensioners lack compared to non-working ones?

Despite the fact that working pensioners are entitled to benefits, non-working pensioners still have more benefits. For example:

1. Retired citizens and those who have stopped working can benefit from compensation for travel to a place of rest. Working people do not have such opportunities.
2. Social supplement to pension is provided only to non-working citizens of retirement age. Even if the pension amount of a working pensioner is less than the subsistence minimum, he will not be able to receive additional payment until he stops working.

Whether it is profitable to be a working pensioner or not is determined only in individually and this is primarily influenced by the size of wages.

How to find a job as a pensioner

The Labor Code of the Russian Federation does not limit or prohibit the labor actions of citizens who have reached the age of retirement. However, this rule often applies only at the legal level.

Often employers do not want to hire pensioners and use all possible means to force their employees to retire no later than the due date.

We invite you to familiarize yourself with several for retirees:

1. If you have certain skills, share them with those who wish. Pupils and students are willing to pay to gain knowledge. Many retired teachers earn money by teaching classes, or simply by tutoring. It is worth noting that the payment for such work is not too small and will constitute a noticeable addition to the pension.
2. Work as a concierge, cloakroom attendant or janitor. Such work is not highly paid, but if you have free time, an extra penny won’t hurt.
3. Another job option is to become a nanny for a child or a caregiver for a sick person.
4. Taxi dispatcher.
5. Call center worker.
6. Needlework. Today results are valued manual labor- embroidery, knitting, lace weaving, making wooden and clay products, etc. Turn your favorite hobby into a way.
7. Growing vegetables and selling them. By working on your personal plot you can earn a pretty penny in a similar way. It's not easy, but there will always be buyers for vitamin-rich vegetables and fruits.
8. . After retirement, citizens can work without leaving home. You can give online lessons, write articles for sale, participate in competitions, etc.

If the time has come to retire, do not despair and prepare for boring and monotonous everyday life. Find something you like and be glad that you have time to do what you love.

From 2016, working pensioners will receive an insurance pension without indexation. Payment of insurance pensions to working pensioners

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. This became possible thanks to the adoption of Federal Law No. 134-FZ on July 1, 2017, which will come into force on January 1, 2018.

Note: Download the booklet for working pensioners (.pdf 88.5 Kb)

In accordance with changes in pension legislation, since 2016, working pensioners receive 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.

In February 2016, it applies only to pensioners who were not working as of September 30, 2015.

If a pensioner belongs to the category of the self-employed population, that is, is registered with the Pension Fund as a notary, lawyer, etc., such a pensioner will be considered working if he is registered with the Pension Fund as of December 31, 2015.

What documents and where should a working pensioner submit?

To resume receiving an insurance pension, taking into account indexation, a citizen submits an application about the fact of termination of work. In most cases, a copy of the work record is attached to the application, from which it follows that the citizen has stopped working. You can submit an application after the relevant federal law comes into force, i.e. from January 1, 2016. Applications are accepted by all territorial bodies of the Pension Fund and MFC, which accept applications for the assignment and delivery of pensions. The application can be submitted in person or through a representative, or sent by mail.

• Application form for the fact of implementation (termination) of work and (or) other activities
• Rules for filling out an application for the fact of carrying out (terminating) work and (or) other activities

The pensioner left work in December 2017

In January 2018, the Pension Fund received reports from the employer for December, in which the pensioner was still listed as working. The fact that the citizen no longer works became clear from the report for January - his employer submitted it in February 2018. In March, the Pension Fund decided to pay a pension taking into account all missed indexations, and in April the pensioner will receive the full amount of the pension, as well as the monetary difference between the previous and new pension amounts for the previous three months - January, February and March.

If a pensioner plans to retire this year and wants to understand when they will actually start paying him the full amount of his insurance pension, he can use the table as a guide:

All non-working pensioners whose total amount of material support does not reach the pensioner’s subsistence level (PLS) in the region of his residence are given a social supplement up to the pensioner’s subsistence level.

Information is provided on the rules of how pensions are calculated using the new formula. How is the pension reform going?

Month of dismissal of the insurance pension recipient	Start of payment of insurance pension with all past indexations
January 2018	May 2018
February 2018	June 2018
March 2018	July 2018
April 2018	August 2018
May 2018	September 2018
June 2018	October 2018
July 2018	November 2018
August 2018	December 2018
September 2018	January 2019
October 2018	February 2019
November 2018	March 2019
December 2018

Remuneration of a pensioner The salary of a pensioner is calculated on a general basis. Its size depends on:

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

An employer does not have the right to reduce an employee's salary 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. Benefits 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.

How to hire an employee of retirement age?

• There is no vacation, if you do not work, it is not paid;
• The employer only makes contributions to the pension and medical fund, and that is not a fact;
• At any time, the employer can terminate the employment contract, because it is concluded for a certain time;
• They can be kicked out of work even before the contract expires;
• There are no bonuses for this type of work, sick leave is not paid;
• Maternity benefits are also not paid;
• Any types of work-related injuries are also not paid, because the employer has no liability to the employee;
• An employee can be fined in any case if the employer does not like something in his activities.

It is possible to find a contract job without a work book, but it is not necessary, because human rights are not protected by law in any way.

What is work under a contract without a work book in 2018?

Attention

This procedure is necessary so that the Social Insurance Fund can establish a certain amount of payment. pension provision. According to the legislation of the Russian Federation, the amount of payments if a citizen of retirement age works increases. Download a sample notification of hiring a pensioner. Is it permitted by law to hire pensioners without a work book? When hiring a pensioner, whether an entry is made in the labor record in accordance with the Legislative Norms of the Russian Federation, the procedure for providing a document that confirms the employee’s length of service is mandatory in hiring for military service.

An exception to the rule is a certain category of pensioners who received pension funds in the law enforcement agencies. In all other cases, a work book is a mandatory element of hiring for a position under a fixed-term contract.

Working under a contract without a work book: pros and cons

Info

Which ones exactly? These include:

• contracts (including civil law);
• certificate of work performed under the contract (a very common case);
• pay books and receipts;
• witness testimony (minimum 2 people);
• union cards.

All of the listed papers will help prove work activity, but only when the employer or the subordinate himself makes appropriate contributions to the Pension Fund. Pros What are the advantages of working under a contract? The deadlines for completing certain tasks, providing services or labor are specified in the agreement. The citizen will know exactly how much and how exactly he will have to perform certain tasks.

Further, it is customary to highlight high wages as the main advantage. It is this point that often becomes the main motive for working without a work book.

Work without registration for pensioners: positive and negative aspects

But regarding labor guarantees there are some peculiarities. Working under a service contract, as well as other legal agreements, does not provide any significant labor guarantees. For example, you can forget about paid sick leave, vacation and bonuses.
This fact is considered a disadvantage. The employer:

• issues SNILS if necessary;
• makes contributions to the Pension Fund and the Federal Compulsory Medical Insurance Fund;
• offers citizens insurance against accidents at work.

These are the advantages of a civil law contract. Under certain circumstances, such an agreement may be recognized as an employment agreement. Provision of services Work under a contract or provision of services is becoming more and more common.

Typically, such an agreement indicates that someone provides a service and someone pays for it. Typically, the employer will be the customer.

Pros and cons of working without a work book

Complete training on labor protection and leave a signature in the appropriate log. 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 for a pensioner In order for the employer to agree to start cooperating with the 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.

Procedure and rules for hiring a pensioner

Important

According to the law, hiring without making an appropriate entry in the work book for the employer is fraught with punishment in the form of administrative sanctions. But there are still legal ways to find employment without a work book. In particular, the employer may offer to draw up, instead of an employment agreement, such an agreement as: What is it? According to Article 56 of the Labor Code of the Russian Federation, an employment contract is an agreement between the employer and the employee, which assumes the following obligations: The employer is obliged to provide the employee with work according to the agreed obligation; Ensure proper working conditions; pay on time salary in full The employee is obliged to perform the function stipulated by the contract. Comply with the approved labor regulations. Article 57 of the Labor Code defines the mandatory conditions that must be contained in the employment contract.

Article 420 of the Civil Code of the Russian Federation provides a definition of a civil contract.

Working under a contract without obtaining a work book: disadvantages and some nuances

The employer is obliged in any case to pay contributions to Pension Fund and in medical. However, the employer does not bear any responsibility for the employee in this case. Few agree to such conditions, because in the event of injury, obtaining payment will not be easy, sometimes even impossible.
And a person can be fired at any time, regardless of the reasons. And then getting paid becomes very problematic; they can simply kick you out and not pay for the work done. Usually individuals hire people to work without a work book to help with housework and gardening. Such employers do not have the right to be recorded in the work book, but can enter into an employment contract. Such employers can enter into an employment contract for an indefinite period, but they are required to pay into the pension and medical fund.

Working without a work book under a contract - registration

The time spent working under a civil contract is counted as part of the total length of service, but apart from pension contributions and payments for health insurance, there are no other guarantees. Regarding registration under the GPC agreement, only the agreement itself is necessary for employment. It is closed by an act of completion of work. Without explaining the reasons, the customer may refuse to conclude a contract. In addition, such an agreement always has specific validity periods. Legislative framework The parties are free to decide on the type of contract to be concluded when performing certain work. By agreement with the employer, an employment or civil law contract may be concluded.
But the execution of a GPC agreement is illegal if, in essence, an employment relationship arises.

Pensioner and work. Features of labor relations with pensioners

If an employer does not want to hire a retiree, a written refusal must be provided stating the reason. A similar rule is enshrined in Article 64 of the Labor Code of the Russian Federation. 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 instruction hiring a pensioner The procedure for hiring a pensioner does not differ from the standard one.

We have such a situation; our employees work under a GPC agreement. deductions were made to the Pension Fund of the Russian Federation, but the GPC agreement is not considered an employment contract, there is no length of service under it and there is not even an entry in the work book, but the Pension Fund of the Russian Federation recognized these workers as employed. The Pension Fund of the Russian Federation carried out indexation for pensions and paid some federal ones, and now these employees need to return a large amount to the Pension Fund of the Russian Federation since they are, as it were, working people. What should I do?

Answer

Answer to the question:

Working pensioners receive a pension without taking into account indexation (Clause 1, Article 26.1 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”). This rule applies to all pensioners engaged in labor or other activities during which they are subject to compulsory pension insurance.

Persons working under civil contracts, the subject of which is the performance of work or the provision of services, are recognized as insured in the compulsory pension insurance system (Clause 1, Article 7 of the Federal Law dated Federal Law of December 15, 2001 N 167-FZ “On Compulsory Pension Insurance In Russian federation").

Therefore, pensioners “working” under a civil contract receive a pension without indexation.

Ivan Shklovets,

Deputy Head of the Federal Service for Labor and Employment

With respect and wishes for comfortable work, Elena Karsetskaya,

HR System expert

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