Pension reform: everything an employer needs to know
First and foremost: so far nothing has changed significantly. The increase in the retirement age will be gradual: each year the retirement age will increase by one year. Moreover, in 2019 and 2020, for those future pensioners who have reached the so-called “old” retirement age (60 years for men and 55 years for women), the increase will not be a year, but 6 months. Full-fledged changes, when the retirement age eventually grows by 5 years, will affect women born in 1968 and younger and men born in 1963 and younger.
At the same time, the current amendments to the pension legislation do not affect workers employed in difficult and harmful working conditions, recipients of social pensions and disability pensions, mothers with many children, people who have suffered as a result of technological or radiation disasters and others specially indicated in the final document categories of citizens.
In this article, we will not consider those who plan to receive a pension for state pensions (civil servants, military pensioners, and so on), doctors and teachers.
However, since 2019, the very concept of “pre-retirement age” has been introduced. It will be understood to mean a period of five years before the onset of age, which gives the right to an old-age insurance pension, including if it is assigned ahead of schedule.
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A new reporting form for this category of employees will appear. On a quarterly basis, employers will need to send a report on employees of pre-retirement age if requested by regional employment centers, which will transmit this information to Rostrud. The report will need to include information only about men born in 1959 and women born in 1964, both working and dismissed in the reporting period.
In addition, starting next year, employees of pre-retirement age may ask for two working days once a year for medical examination. At the same time, companies will have to pay them average earnings and ensure the preservation of the workplace. This is provided for in article No. 353-FZ of October 3, 2018.
You also need to pay attention to article 144 of the Criminal Code of the Russian Federation, which entered into force on October 21, 2018, which clearly states: “Unreasonable refusal to hire a person for reasons of reaching pre-retirement age, as well as unjustified dismissal from work of such a person for the same reasons shall be punished by a fine in the amount of up to two hundred thousand rubles or in the amount of the convict’s salary or other income for a period of up to eighteen months, or by compulsory labor for a term of up to three hundred and sixty hours. ”
But, as practice shows, such a dismissal or refusal to hire is not easy to prove: usually the wording used by the personnel department has a different message. First of all, we are talking about the fact that Russian companies will somehow have to revise their personnel policy for age-related employees.
In Japan, for example, it is believed that the leader who incorrectly uses the strengths and weaknesses of the employee is to blame for many failures of the subordinate. Therefore, if an employee has proved his good faith, but, in your opinion, as his manager, cannot cope with his previous job, offer him a new one, help him with retraining. In fact, a similar practice already exists in companies and carries a lot of “pluses” for business: the employer does not lose a conscientious employee and can use it in another area. Moreover, no one forbids him to use the existing experience and previous expertise of a retrained employee in case of need.