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Category: Law

Category: Politics

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Date: 2 months ago   Category: Society

Meant well, and it will turn out on the contrary? Employers say that they will think now before hiring "prepensioners"


Criminal liability for dismissal of workers of pre-retirement age, perhaps, will protect them from unfair discharge. But such measure can play against those elderly people who look for work of the Photo: depositphotos.com the State Duma has imposed criminal liability for dismissal of future pensioners. The relevant presidential bill is adopted in the third, final reading. The article "unreasonable refusal in employment or unreasonable dismissal of the person which has reached pre-retirement age" will be published in the Criminal code. It in five years prior to retirement. Will punish a penalty to 200 thousand rubles or obligatory works for up to 360 hours. Whether the new article of the Criminal Code of future pensioners will protect? How often do dismiss people right after approach of a retirement age or those who had to entry into deserved rest two-three years? There is no official statistics. The government only plans collecting such information. According to RBC, Rostrud has sent the letter to regions. From him it is necessary that the authorities of subjects have to create lists of the enterprises and organizations where citizens of pre-retirement age work, to watch their number and to regularly provide data for preparation of the report in the government. If there are no data yet, then on the basis of what information the law is adopted? Here is how the first vice-president of State Duma Committee on state construction and the legislation Mikhail Emelyanov: has answered this question — I don't think that for adoption of this law some statistics was necessary. Because refusal cases based on age are so widespread in employment that don't need special proofs. — And the law then on the basis of what has been adopted? — On the basis of experience. There are obvious things which for proof don't need additional statistics. Deputies refer to personal experience. However our experience prompts another: when the employee copes with the duties, nobody will begin to dismiss him, regardless of age. And here to find new work to the person for 50 it is really difficult. Now, probably, it will be even more difficult. It recognizes including business. In the document there are still no explanations concerning what is unreasonable refusal at employment or dismissal of the employee of pre-retirement age. How will the new article of the Criminal Code work? The partner of lawyer bureau "A2" Mikhail Aleksandrov:mikhail Alexandrov the partner of lawyer bureau "A2" "In all labor relations explains the burden of proof is redistributed from the worker on the employer, that is, respectively, the employer will need to prove that "here, you look, the person has shirked. We have issued him prevention under painting. Second time, the third. For systematic truancies we have made the decision to dismiss him". That is here the question is it it will be heavier to make heavier. In the conditions of our law-enforcement system, maybe, I think, in large quantities such proceedings won't be initiated, but will call the head on a conversation and to say: "Pos

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