Modern realities force citizens to continue working after retirement. The law does not prohibit this. A citizen is free to independently decide when to stop working. For an employer, hiring a retiree comes with a number of additional features. Thus, some categories of citizens on well-deserved retirement may qualify for additional privileges. WWII participants and combat veterans are entitled to additional annual leave without pay. In most cases, it is legally impossible to refuse a person because of his age. However, a number of restrictions still exist. In order to know in advance all the features of hiring a pensioner, it is worth familiarizing yourself with the latest information on the topic.

Hiring a pensioner of the Labor Code of the Russian Federation

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

Attention

The Labor Code of the Russian Federation prohibits establishing any restrictions in relation to people who have reached retirement age. As a general rule, a citizen has the right to begin working at the age of 16. In some situations, the age limit may be reduced to 14 years. At 55 and 60 years of age for women and men, respectively, a person has the right to begin receiving a pension. At the same time, the prohibition on continuing to work is not indicated in regulatory legal acts.

If 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 instructions for hiring a pensioner

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

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

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

• passport;

• pension certificate;

• SNILS;

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

• work book;

• TIN, if available.

IMPORTANT

When hiring for some positions, a pensioner will additionally need to provide a document that allows them to get an idea of ​​the person’s health. In some situations, a medical examination may be required. Such requirements mainly apply to persons who want to carry out activities in the field of medicine, food sales, catering, and the food industry. The presence of harmful working conditions also requires a preliminary medical examination. If a citizen of retirement age refuses to take action, the employer will not hire him for the chosen position.

Registration agreement

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

• urgent;
• unlimited;
• part-time agreement;
• contractor;
• civil law.

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

Hiring a pensioner under a fixed-term employment contract

Concluding a fixed-term contract only because of a person’s age is unacceptable. This ruling was made by the Constitutional Court in 2017.

IMPORTANT

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

The grounds for concluding a type of agreement are enshrined in Article 59 of the Labor Code of the Russian Federation. The list includes the following features:

• a person carries out seasonal work;
• the citizen replaces the main employee;
• labor activity will be carried out abroad;
• a citizen is hired for temporary work, the duration of which does not exceed 2 months;
• the pensioner was hired to perform actions that are not related to the main activities of the company;
• 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 who is on a well-deserved rest under a fixed-term contract can only be carried out with the consent of the person who wants to get a job. In the classic situation, a permanent employment contract is drawn up with a pensioner.

Attention

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

Recording in labor

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

Hiring a pensioner without a work book

In a classic situation, the employer makes an entry in the employee’s work book about the beginning of interaction. In practice, a situation may arise when, for some reason, a pensioner cannot provide a document. In this situation, an employer who wants to officially record the fact of interaction with a citizen can enter into an employment contract without a work book.

The agreement will serve as evidence of work activity and experience. However, the absence of an entry in the pensioner’s work book is a violation. The need to record in a document the fact of the start of labor activity is enshrined in Article 66 of the Labor Code of the Russian Federation.

Additional information

It is possible to work without making an entry only if the citizen carries out part-time activities or has entered into a GPC agreement. Information is not recorded even if cooperation is carried out with a private person. In this situation, the pensioner simply does not have the right to independently make an entry in the document, although legal relations arise in this situation.

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

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

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

Remuneration for a pensioner

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

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

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

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. The state allows a person on a well-deserved vacation to take additional leave at his own expense.

Additional leave

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

Tax deductions

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

Dismissal of a pensioner

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

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

FYI

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

Nuances

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

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

Pensioners include citizens who have reached the age limit (men 60 years old, women 55) and who, in accordance with the law, have been assigned a pension.

In that case if the pension is assigned for other reasons(disability, etc.) citizen cannot be an old-age pensioner. The same as in the case when he reached the required age, but the pension was not issued.

Unilaterally, at the initiative of the employer only a fixed-term contract with a pensioner cannot be concluded, because upon its completion, the citizen has the right to appeal to the court, which, most likely, will recognize the contract as unlimited.

In cases where the nature and conditions of work make it possible to conclude an open-ended contract, the employer has no right do the opposite, because this is an administrative violation, and leads to financial liability in the form of a fine.

The employer's responsibilities include clarification of wages and provision of leave. It is based on the calculation of two days per month of work. Or compensation for unused vacation.

A probationary period when drawing up a fixed-term contract is provided, but only if if the work period is at least two months. Otherwise, the appointment of a probationary period is illegal. The conditions for its establishment are provided for in Article No. 70t of the Labor Code of the Russian Federation.

These include the following:

• the probationary period is established only by agreement of both parties;
• its terms must be included in the employment contract.

Pensioners are assigned the same probationary period as other categories of citizens, not counting those who are not subject to a test when hiring.

Documents to be presented when applying for a job

They are provided for in Art. No. 65 of the Labor Code of the Russian Federation and include:

1. Passport or any other identification document. Although at the moment there is no specific list of documents in the legislation of our country that could replace the passport of a Russian citizen.
2. Work book. The exception is those cases when the employee is employed for the first time (but for pensioners, as a rule, this exception is not relevant), or the employment title has been lost. In this situation, the employer is obliged to open a book upon a written application from the citizen (indicating the reason for the loss).
3. Insurance certificate compulsory pension insurance. Quite rarely, but there are still cases when it has not been started before (usually if the pensioner previously worked in a structure that does not require its presence). Registration of it for the first time is also within the competence of the employer.
4. Military registration documents, but only for those liable for military service.
5. . You can get it at the Information Center of the Ministry of Internal Affairs at your place of residence upon written application.

Structure and content

Issuance of documents(including labor) must be carried out in day of dismissal.

If the employee does not show up for them, then you can either send him a notification of receipt of the work book, or send it by mail. It must be sent by registered mail with notification.

Upon dismissal at the initiative of the employer, the citizen is given a notice of dismissal. in 2 months. Registration in the manner established by Article 84.1 of the Labor Code. After the expiration of the period, according to the same scheme, the employee must be given all documents about work.

The organization must indicate the correct reason for dismissal, otherwise the employee (and pensioners are especially active due to fears of not being hired again) can challenge his dismissal in court and, if successful, he must be reinstated in his previous position with payment of “downtime” and compensation for moral damage.

So, when concluding an employment contract with citizens of retirement age, the employer benefits greatly by receiving a competent employee with extensive experience behind him, often willing to work at the expense of his personal time.

But pensioners do not have any special benefits and are accepted on the same basis as other categories of citizens.

Working in retirement is a guarantee of stable income, because Russians’ pensions are not so great that they would have to give up additional income. Meanwhile, an excellent specialist, albeit older, can benefit the company, although he is less competitive compared to young people: he will not qualify for a high salary, is already experienced and is not pretentious. Hiring a pensioner is caused primarily by a shortage of qualified personnel, however When registering such an employee, HR officers have many questions.

Why hire a retiree?

According to statistics, the attitude towards the employment of pensioners has hardly changed over the last five years:

Useful statistics

• 35% of Russian companies refuse the services of older workers (employers recruit youth teams from creative, sociable and active young people);
• 39% employ pensioners in some cases (less often in high positions that require extensive experience, concentration and maximum output, more often in low-paid positions as cleaners, security guards, drivers);
• 26% of companies are happy to hire retirees.

The big advantage of an older employee is that he will do everything as it should, although he will spend more time on work (after all, there is a lot of it), unlike a young employee (even if it’s done carelessly, but it’s done). And the Soviet labor vaccination speaks of discipline and good education.

But this is just a generalization, there is discord between employee and employee.: a man has flown through life, he won’t change in old age, and don’t expect anything good from such an employee.

Look at the work book, if the personnel is suitable, draw up a contract.

Employment contract with a pensioner

Russia is a social state, where the rights of citizens are equally protected, regardless of whether you are a pensioner or not. This also applies to labor legislation: According to Article 64 of the Labor Code, it is impossible to refuse employment to a person for age reasons. After all, a pension is financial assistance to a person who, according to legislators, is no longer fully able to work (due to age, disability or length of service).

And you cannot dismiss a pensioner for the same reason, only by consent or on general grounds.

According to Article 37 of the Constitution, labor in Russia is free, which means that freedom of contract applies - the director agrees to accept a pensioner on a personal application - please. But at this stage the question arises - what type of contract to conclude - permanent or fixed-term.

Hiring a pensioner under a fixed-term employment contract

Back in 2007, the Constitutional Court ruled that concluding a fixed-term contract based on age is unacceptable because it limits the labor rights of a pensioner, is discriminatory and violates all principles of equality.

The position of the Constitutional Court today is enshrined in Article 59 of the Labor Code: if there are no grounds provided for in the article (seasonal, temporary work, etc.), then the employment of a pensioner under a fixed-term contract is permissible only with the consent of the applicant himself.

Therefore, a permanent employment contract is concluded. And if a fixed-term contract is concluded without consent, any supervisory authority will reclassify it as permanent.

attention!

Nuance: an agreement on a fixed-term contract can only be signed if the applicant has reached retirement age (men 60 or women 55). If the pension is early (military, based on length of service), a fixed-term contract cannot be concluded without reason.

A the grounds for a fixed-term contract are as follows (Article 59 of the Labor Code):

• temporary replacement of the main employee;
• temporary work (up to 2 months);
• seasonal work;
• work abroad;
• work not related to the main activities of the company (commissioning, repairs);
• specific work (ends at the moment of signing the act of completed work).

attention!

Important: a fixed-term contract is concluded either by agreement or on the grounds listed above, and nothing else.

Probation period for a pensioner

No restrictions on pensioners when establishing
The Labor Code does not establish a probationary period. This means that the general rules apply (Article 70 of the Labor Code):

• the test is ordered only by consent;
• the probationary condition must be stipulated in the employment contract;
• probation period - maximum 3 months (up to six months you can test the director, his deputy, the chief accountant and his deputy, the director of a branch or representative office);
• with a fixed-term contract, the maximum period is two weeks (if the contract period is up to 2 months, then no test is established at all).

Additional leave for a pensioner

Article 128 of the Labor Code established that a working pensioner can take administrative (unpaid) leave - 14 days a year. To do this, you need to write a leave application and the director has no right not to let him go.

By the way, if the pensioner is not due to age, but due to disability, then the administrative period can last as many as 60 days a year.

Such leave can be used at any time; it can be attached to the main one or divided into parts.

Part-time work

Here there are no restrictions regarding pensioners either, everything is according to the rules of Article 93 of the Labor Code:

• you can establish a part-time schedule (working day or week) by agreement of the director and employee;
• the director is obliged to establish such a regime if an employee is caring for a sick family member or, according to a doctor’s opinion, he cannot work the whole day.

Additional guarantees and benefits for pensioners

The Labor Code does not provide for any mandatory benefits for pensioners, but there are still ILO recommendations, which employers are not obliged to implement, but have the right to enshrine them in the collective agreement:

• changing the form of work organization if it excessively strains an older employee;
• limiting overtime work;
• modernization of the workplace in order to preserve health and prevent accidents;
• organization of health monitoring (dispensary examination).

Hiring a pensioner without a work book

attention!

Important: Even with pensioners you cannot conclude civil contracts, during the conclusion of which the relationship is not formalized, as required by the Labor Code!

If it is planned to hire a pensioner to perform a specific function for which he will receive a salary, an employment relationship arises and they must be executed strictly in accordance with the law.

And according to the rules of Article 65 of the Labor Code, a record book is kept for all employees. The exception is part-time work. If the employee doesn’t have a book, you must get one.

A company can hire employees either for a permanent period or for a strictly limited period. In the latter case, a fixed-term employment contract is signed. Depending on the circumstances of a particular hire and the specifics of the organization’s work, the parties sign a fixed-term employment contract either as directed by the Labor Code of the Russian Federation, taking into account the assigned work (Part 1, Article 59 of the Labor Code of the Russian Federation), or by agreement of the parties (Part 2, Article 59 of the Labor Code of the Russian Federation), including a fixed-term employment contract with a pensioner.

Agreement of the parties on a fixed-term employment contract

In the case of hiring a pensioner, even if there are no circumstances of the temporary nature of the work that would justify the urgency of the employment relationship, the parties can agree to sign a fixed-term employment contract - the Labor Code provides such an opportunity (Part 2 of Article 59 of the Labor Code of the Russian Federation).

It must be emphasized here that we are talking specifically about hiring a new employee, and not about a working pensioner under an indefinite employment contract. In the latter case, there are no legal grounds for transferring a working pensioner to a fixed-term employment contract.

How to transfer a pensioner to a fixed-term employment contract

In this case, transfer can only mean the dismissal of an employee and his subsequent hiring. Thus, if a pensioner working for a company quits (of his own free will, by agreement of the parties, etc.), he can be rehired under a fixed-term employment contract (if the pensioner himself agrees to this).

The nuances of concluding a temporary contract by agreement of the parties

The main point that needs to be monitored when concluding a fixed-term contract with old-age pensioners is voluntariness. This means that both the employee and his manager really prefer to limit the duration of their employment relationship and voluntarily refuse an open-ended employment contract.

The fact of voluntariness is confirmed by the signatures of the parties to the contract; a separate written agreement for a fixed-term employment contract is not required to be signed.

In the contract itself, it is necessary to emphasize that it is urgent and confirm this with the appropriate grounds (the employee is an old-age pensioner). You must make sure that the employee has a supporting document (pension certificate).

The term of the contract must be fixed in it, otherwise de jure the contract will be considered unlimited (Part 3 of Article 58 of the Labor Code of the Russian Federation).

Drawing up a fixed-term employment contract with a pensioner

The fact of signing the contract must be recorded in an order (indicate in it the grounds for concluding a temporary contract), and the personnel employee must make a record of hiring in the work book.

The work book, unlike an order, cannot indicate that the employee is hired by the company temporarily - neither the Labor Code, nor the Instructions for filling out work books, nor the Rules for maintaining and storing work books give permission for this. Otherwise, the company may be brought to administrative liability (see Part 1 of Article 5.27 of the Administrative Code).

Dismissal of a pensioner due to age

A dismissal order is issued based on the fact that the contract has expired (and the corresponding notice of its expiration) or, for example, a resignation letter submitted by an employee. The order is issued no later than the last day of work of the temporary pensioner.

It is necessary to make an appropriate entry in the work book and issue it to the employee on the last day of work (having received the signature of the person being dismissed in the work book, book of movement of work books and personal card).

On his last working day (Part 1 of Article 140 of the Labor Code of the Russian Federation) a temporary employee must receive all standard payments upon termination of a fixed-term employment contract (salary, compensation for unused vacation, etc.).

Drawing up an employment contract is not a right, but an obligation of every employer. It is important to note that the registration procedure itself is standard.

But there are features that directly depend on who exactly acts as an employee or employer.

There is no rigid form of employment contract established in our country. But it will be necessary to note that there is a list of sections that must be present in such a document.

Regardless of various factors. All subtleties and features are indicated in a special regulatory document - the Labor Code of the Russian Federation.

If the agreement is formed with errors, there will be inconsistencies with legislative norms - the agreement may be recognized as partially invalid.

What you need to know

Today it is quite problematic for people of retirement or pre-retirement age to get a job.

This is why many retirees are not particularly selective when looking for work. And they agree to any job, even a low-qualified one.

Nevertheless, pensioners, like all other able-bodied citizens of our country, have the right to respect all their rights according to the Labor Code of the Russian Federation. It is very important to carefully study all legal regulations.

The employment of pensioners in some cases imposes certain restrictions on pension accruals.

That is why, before carrying out the process of concluding an agreement, the pensioner needs to think carefully and weigh everything.

This will prevent certain difficulties and troubles. Hiring pensioners under a fixed-term employment contract has some distinctive features.

Definitions

Knowledge of regulatory documents directly related to the conclusion of an employment contract allows you to avoid many problems and difficulties.

First of all, this concerns the protection of one’s own rights. But it is only possible to obtain information on this matter if you know the basic terms used.

At the moment, these standard terms include the following:

• pensioner, retirement age;
• employment contract;
• worker;
• employer.

It is important to note that the terms employee and employer are used both in legislation and directly in the employment contract itself.

The employer can be an individual entrepreneur (individual entrepreneur), an individual or the owner of an organization.

But regardless of the legal status of the employer, when concluding an employment agreement, certain obligations arise - as a tax agent in the first place.

An employee can be any individual in the country. Moreover, it is not necessary to reach the age of 18 years.

An employment contract is a special document that regulates and consolidates the relationship between an employee and an employer in a particular case.

Must necessarily be within the framework of labor legislation. Otherwise, it will be declared invalid.

Pensioner – this term means a citizen of a certain age. Today, in the standard case, a pensioner is considered:

There are certain nuances when hiring such citizens. Such nuances will need to be sorted out in advance.

This is the only way to prevent standard problems. Violation of labor laws results in serious fines. For organizations it can even reach several hundred thousand rubles.

Parties to the agreement

It is important to note that a lot depends on certain points related to the legal and legal status of the parties to the employment agreement.

For example, military personnel and some other government employees retire somewhat earlier than ordinary civilians - due to length of service.

In such a situation, they also fall under the classification of ordinary pensioners. This point will need to be carefully worked out.

The format of the employment agreement itself depends little on whether the employee has retired or not. But other questions often arise.

For example, what kind of employment contract should be concluded with a pensioner - fixed-term or indefinite.

Hiring involves collecting a number of required documents. This applies to the work book, as well as a number of other papers.

Legal basis

Today, all issues regarding the interaction between an employee and an employer are regulated quite strictly by law.

The main regulatory document is the Labor Code of the Russian Federation. It is within the framework of such a document that all agreements without exception between an ordinary employee and an employer should be formed.

The main NAPs, which are best read in advance, include the following:

The employment agreement itself, of course, has a certain validity period. Its duration is established by Article No. 58 of the Labor Code of the Russian Federation. All the subtleties and features of the procedure need to be sorted out in advance.

Today, compliance with labor legislation is closely monitored by a special service - the labor inspectorate.

If an employee believes that his rights have been violated in any way, then he will need to go there.

But it is worth noting that the labor inspectorate will resolve the situation only in cases where there is an obvious violation.

Otherwise, when an investigation is required, avoiding going to court will be quite problematic.

Video: employment contract with a pensioner

The statement of claim must be filed precisely at the employer’s permanent location, in the region of registration.

The algorithm for the entry into force of an employment contract is established in Article No. 61 of the Labor Code of the Russian Federation. This moment is determined in each case in a standard way.

It is worth noting that concluding an agreement is precisely the responsibility of the employer. If the employee has already begun to perform his duties, but the agreement has not been drawn up in writing, then the employment contract is considered concluded.

You need to become familiar with in what cases and why dismissal is allowed in advance. Today, serious grounds will be needed to terminate an employment agreement.

This may be at the initiative of the employee or otherwise. At the initiative of the employer, dismissing an employee will be problematic; it is necessary to draw up a large number of different papers.

Also, you should not make mistakes in the contract. This can lead to serious troubles in the future.

Procedure for drawing up an agreement

The process of drawing up an employment agreement if the applicant reaches retirement age will be standard.

This point will need to be sorted out in advance. Separately, it is necessary to work out the legislation on beneficiaries.

Key questions to consider:

• necessary documents;
• essential conditions;
• Is it possible to conclude a fixed-term employment contract with an old-age pensioner (sample);
• if for 1 year;
• what is the maximum period;
• termination of the agreement without working out.

Required documents

There is a standard set of documents that need to be prepared when concluding an employment agreement.

It includes the following:

• work book;
• military ID - for citizens liable for military service; insurance certificate in the prescribed form - SNILS;
• certificate of no criminal record.

Moreover, the absence of one of the above list is grounds for refusal to conclude an agreement.

Essential terms

The employment agreement does not have a strictly established form. But at the same time, there are some mandatory conditions that must exist regardless of other factors.

These include:

• work and rest schedule;
• terms of payment;
• start date of the agreement;
• employee rights and responsibilities;
• the nature of working conditions;
• place of employment - and the workplace of a particular citizen is also indicated;
• types, various terms of the agreement.

Is it possible to conclude a fixed-term employment contract with an old-age pensioner (sample)

– an agreement with a finite period of validity. Today, a number of categories of citizens cannot be employed in this way.

For example, minors or pregnant women. At the same time, a pensioner does not belong to such categories.

If for 1 year

For a number of reasons, fixed-term employment agreements are concluded with retired employees.

The duration of these can be any. But it is worth noting that a fixed-term employment contract will only be valid for up to 12 months.

If after the expiration of this period the employee continues to work, then the contract automatically becomes indefinite.

What is the maximum period

The maximum duration of employment agreements is not established for pensioners - as for any other employees.

That is why the employer will need to work out this issue in advance. Since pensioners do not always have the opportunity to independently cope with their responsibilities without difficulty.

Termination of the agreement without working out

Upon dismissal of one's own free will, the employer has the right to require work to be completed within 14 days. Exceptions are possible in the following cases:

• dismissal takes place by agreement of the parties;
• if the employer managed to find a replacement employee earlier;
• there are serious reasons for the employee himself not to work.

Drawing up an employment agreement with a pensioner has its own peculiarities. It is worth disassembling them in advance.