When hiring people with a peculiar social status - for example, pensioners - it always seems that there will be more difficulties with them than it actually turns out. On closer inspection, it often turns out that employers invent more problems for themselves than the Labor Code.
It is necessary
pensioner, standard set of documents for employment, employment contract of the selected type
Instructions
Step 1
If you are hiring a pensioner, then you have three options, what kind of contract to conclude with him. This can be a fixed-term employment contract, an open-ended employment contract, or a civil law contract.
Step 2
A civil contract is a simple and profitable form of formalizing a working relationship, but by definition it is not designed for a long term. If you hire a pensioner for a permanent job, it is better not to conclude a civil law contract - there may be problems.
Step 3
Article 59 of the Labor Code of the Russian Federation provides for the right of employers to conclude a fixed-term employment contract with pensioners, but this is precisely a right, not an obligation. The retirement age of the applicant does not in itself give grounds to conclude a discriminatory contract with him, and in this case the urgency of the contract may be regarded as discrimination. A fixed-term employment contract can be concluded only by agreement of the parties.
Step 4
In no case, do not conclude one fixed-term contract after another with an employee of retirement age, instead of signing one for an indefinite period. It can go sideways for you. In the case of the observed repetition of this kind of withdrawal from the granting of a number of rights and privileges to a permanent employee, in the absence of sufficient grounds, the court may recognize a fixed-term contract as indefinite.
Step 5
Concluding an open-ended employment contract with a pensioner is no different from concluding one with any other employee. The Labor Code does not provide for any special conditions. Entries in the work book of a working pensioner are made according to the general rules.
Step 6
In the event that an employee working for you reaches retirement age, but wants to continue working, there is no need to take any special actions (for example, to renegotiate the contract). The current contract simply remains in effect. You cannot fire an employee just because he or she has turned a certain number of years.
