Working without an official employment contract: legal subtleties of employing pensioners in 2021

Pensioners are people who are assigned and paid a pension. In life, we are accustomed to thinking that these should only be older people. But the definition and classification of pensioners is much broader. These include:

• those who have reached retirement age and receive it in old age: women at 55 years old, men at 60 years old (exceptional cases are described in the Federal Law “On Labor Pensions in the Russian Federation”);
• retired military (receive a monthly payment for length of service);
• disabled people (they are paid a labor, social (in the absence of experience) or state (military personnel who became disabled during their service and liquidators of the Chernobyl Nuclear Power Plant) disability pension);
• those who have lost their breadwinner (they are paid an insurance, social or state pension).

What are the consequences of working without registration for an employee?

It is not profitable for a working pensioner to work without registration because:

• labor rights are infringed;
• there is a violation of legal requirements.

With an informal way of working, there are no legal and social guarantees. There is no standard work time and it will not be possible to:

• receive additional pay for night work or overtime work;
• receive payment for sick leave or vacation;
• receive the required payments upon liquidation of the organization or dismissal associated with staff reduction.

When working without registration, there is no guarantee of receiving the indicated salary. The employer may change the terms of payment or not pay for the work performed. An appeal to the labor inspectorate is excluded, since the pensioner himself violated the law.

Currently, there is a law on the absence of indexation of pensions for working pensioners. Therefore, if the fact of unofficial employment is confirmed, then the indexed pension payments will constitute unjust enrichment.

This threatens with a fine of up to 10 thousand rubles. The pension may be recalculated with the deduction of the indexation coefficient. The reason is receiving a pension higher than the required amount.

Fresh vacancies for pensioners in Moscow

To find fresh vacancies, retirees in Moscow do not need to hesitate, but need to prove themselves wherever possible. Usually, fresh vacancies for retired men are found everywhere. Often, retirement age is a purely psychological barrier, and many pensioners do not seek to find a job, despite their desire, because they are afraid of the burden of responsibility, which is an absolutely minimal threat in the process of activity, since it has no serious grounds. Therefore, there is no need to doubt such a thing as work for pensioners in Moscow, since this is the most common job for pensioners . Moreover, without a doubt, the experience in a number of areas of work that older people can provide makes good competition along with the experience among young Sami specialists in various types of activities. Also, many older people are actively looking for employment, and even starting their own businesses.

What does the employer face?

If the employer allows a person to work, then an employment contract must be drawn up within three days. The manager and HR person are responsible for maintaining employment documentation.

If the law has been violated, the following measures may be applied to those responsible for violating the law:

• fine up to 50,000 rubles;
• suspension of the enterprise's activities for an indefinite period of time;
• the tax authorities may impose a penalty for the payment of 20% of the total amount of budget contributions;
• in accordance with the criminal code, a fine in the range of 100-300 thousand rubles can be imposed.

Responsibility of the employer for failure to draw up an employment contract

According to current legislation, responsibility for the unofficial employment of a pensioner extends to:

• the head of the organization or his authorized representative;
• individual entrepreneur;
• company.

Responsibility for failure to register an employee, which applies to an official, is divided into the following types:

1. Administrative. For a single violation, the fine can be up to 20,000 rubles. If the incident occurs again within 12 months, the director may be disqualified for up to 3 years.
2. Tax office. By paying unofficial earnings, the employer does not withhold the necessary taxes and does not make insurance contributions. Tax liability implies the collection of arrears, penalties and fines, but often the application of these sanctions occurs not in relation to the official, but to the organization as a whole.
3. Criminal. Liability arises with personal interest in non-transfer of tax payments and large arrears (over 5,000,000 rubles). The fine that can be awarded to an official reaches 300,000 rubles. Other punishment options are imprisonment for up to 2 years or forced labor of a similar duration. In case of particularly large arrears (over 15,000,000 rubles), the manager may be subject to imprisonment for up to 6 years.

Fine for individual entrepreneurs

As a subject of labor relations, an individual entrepreneur must comply with the requirements of current legislation. The liability to which he may be held when revealing facts of improper registration of pensioners has the following features:

• Administrative. Parts 4 and 5 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation provide for punishment for failure to register an employee in the required manner (for example, evasion of concluding an employment contract) - this is a fine of 5,000 rubles. up to 10,000 rub. If you are brought to administrative responsibility again, the penalties increase - from 30,000 rubles. up to 40,000 rubles.
• Tax office. Since during informal employment the entrepreneur does not fulfill the obligation to withhold personal income tax, then according to the Tax Code of the Russian Federation, he must pay the arrears that have arisen, penalties (for each day - 1/300 of the refinancing rate of the Central Bank of the Russian Federation) and a fine of 20% of the unpaid amount. Unpaid insurance premiums are also subject to reimbursement along with accrued penalties and penalties in the amount of 20% of the unpaid insurance premium.
• Criminal. Occurs if improper transfer of taxes and necessary fees, which led to a large arrears (in the amount of 5,000,000 rubles), was carried out in the personal interests of the violator. In case of criminal liability of an individual entrepreneur, the punishment is similar to that to which an official of an enterprise may be subjected - a fine of up to 300,000 rubles. or up to 2 years imprisonment.

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Fine for an unregistered LLC employee

In case of unofficial employment of workers (including pensioners), the legislation also provides for liability for legal entities. It is divided into the following types:

• Administrative . This is a fine of up to 100,000 rubles. for organizations in which violations were detected with the execution of employment contracts for personnel. If there is a repeat incident within 12 months, the amount of the penalty may increase to 200,000 rubles.
• Tax office. Non-payment of personal income tax and insurance fees is similar to penalties for individual entrepreneurs - full payment of all arrears with the addition of penalties and a fine of 20% of the unpaid amount.?

Dismissal of an employee of retirement age without his consent

A pensioner can be dismissed at the initiative of the manager only in accordance with the clauses of the labor code. These include:

• liquidation of the enterprise;
• staff reduction at the enterprise;
• systematic failure to fulfill labor duties;
• violation of labor discipline, such as absenteeism, appearing at the workplace while intoxicated.

An employer cannot simply fire a pensioner in order to replace him with a young and energetic employee. Therefore, employers usually offer retirees to draw up an agreement to terminate their employment relationship, offering favorable conditions that are spelled out in detail between the employee and the manager.

Unlawful cases of dismissal of a pensioner include the following:

• if the pensioner was not notified in a timely manner about the reduction in staff at the enterprise (this must be done by the employer two months in advance);
• if, during staff reduction, the pensioner’s preferential right to occupy the position was not respected;
• there was no official order to terminate the employment contract;
• the working pensioner was not familiarized with the order (for signature);
• the employer ignored the condition under which the pensioner has the right not to work for two weeks.

You can challenge illegal methods of dismissal by filing a complaint with the labor inspectorate or the judicial authorities.

Fresh vacancies for retired women

To find fresh vacancies for retired women and men, you should also learn the skills that are necessary. To improve their qualifications, which would correspond to modern trends, older applicants who want to find fresh vacancies for retirees in Moscow are recommended to take computer literacy courses and learn to use office equipment, mobile communications and the Internet. In this case, it will be easy to work remotely, performing consulting services on certain goods and services. Apparently, work for retirees in Moscow is available in absolutely all areas of activity. And also everyone can find fresh vacancies for retired men and women and work for pensioners for all categories of citizens.

Where can men of retirement age work without registration?

Retired men can find a job without registering officially in Moscow, the Moscow region, St. Petersburg and other Russian regions:

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FAQ

If a pensioner gets a job temporarily (under a fixed-term contract), does the employer have the right to demand a medical examination?

Yes, if the work is carried out in the medical field, in catering, in the food industry, etc. If a pensioner refuses to provide health information, the employer has the right not to hire for such positions.

Does a pensioner have the right to employment in the public service?

Based on Article 25.1 of the Federal Law on the State Civil Service, a person who has reached retirement age does not have the right to take a position as a civil servant. There is also an age limit for candidates for leadership positions in higher education institutions.

I'm a pensioner. I want to get a job. Can my pension supplement be withdrawn?

When you get a job, your pension will not change. Only indexation will not be accrued on it until the moment of your dismissal. But now the State Duma is considering the issue of indexing pensions for working pensioners.

What is a pension?

Who are pensioners?

Having retired and being in excellent physical shape, having a good memory and a fighting spirit, you can continue to work.

But here you need to analyze whether the double payment will remain: the pension and the salary received at the place of work or whether only the salary will be paid.

And if the salary level is lower than the accrued pension, is it worth going to such a job?

Official registration of an old-age pensioner for work will allow him to receive a pension and wages established at his new place of work. Moreover, the Pension Program has introduced a points system, which allows you to increase its size for each year worked in retirement.

As for a military pensioner, there may be two options. If he, being a pensioner, enters into a contract with the Armed Forces of the Russian Federation, then he will only be paid a salary.

If he is accepted into a civilian position, he will be paid a military pension (for length of service) and wages at the new job. In the near future, it is possible to receive two military pensions: one for long service and another for old age.

To calculate an old-age pension, you will need 5 years of work experience in a civilian position after retirement.

Disabled people with working group I or II can receive a salary at work and a disability pension.

Those with disability group I, recognized as a non-working group, receive only a pension.

In the event of the loss of a breadwinner, a pension is paid to members of his family. When family members reach the age specified by law, these payments will no longer be accrued, but an old-age pension will be issued.