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Date: 6 months ago   Category: Politics

Punishment for dismissal of future pensioners: reaction of lawyers and business


The amendments threatening to employers with a penalty or obligatory works were offered by the president. How will this article of the Criminal code work? Photo: depositphotos.com For dismissals of future pensioners will be punished a penalty or obligatory works. The draft of the relevant amendments to the Criminal code is introduced to the State Duma. In comparison with what was discussed, change only one. Earlier the Deputy Prime Minister Tatyana Golikova suggested to add the provision on citizens of pre-retirement age to the existing article of the Criminal Code — about unreasonable refusal in employment or dismissal of the pregnant woman. As a result of future mothers didn't begin to equal with future pensioners, and have thought up separate article. The document says that the unreasonable refusal in employment or unreasonable dismissal of persons of pre-retirement age will be punished by criminal liability in the form of a penalty to 200 thousand rubles or at a rate of salary in one and a half years or obligatory works for a period of up to 360 hours. The pre-retirement age comes in five years prior to purpose of an insurance old-age pension. The bill has received positive reviews of the government and Supreme Court. No questions to the document at them have arisen — unlike lawyers, the senior partner of Yukov and Partners Bar Mikhail Voronin:mikhail Voronin the senior partner of Yukov and Partners Bar "Says that "the unreasonable refusal" means? Really, if the person hasn't had an interview or doesn't meet the requirements which are expected by the employer, I think, there can be no corpus delicti. Therefore I think that lawyers will have many questions here. As in general this article will earn from practice, now it is difficult to tell. I think that these concepts will be interpreted differently, but the main thing not to put the employer in position when over him the sword of Damocles constantly hangs. Here the main thing not to go too far". Whether this bill will be able to protect workers of pre-retirement age, the partner of lawyer bureau A2 Mikhail Aleksandrov:mikhail Alexandrov the partner of lawyer bureau A2 "Argues nobody, of course, will say that we won't hire you because you the worker of pre-retirement age, and will just say: sorry, you on the competences don't suit us. It is impossible to tell that it is a duty — to take any worker. Here the yesterday's pensioner who worked all life in private security before comes to a position of the director, and says: I want to be CEO, and you can't but take me. No, of course, because the competence is in addition checked". Perhaps, the Supreme Court in the comment will specify later how it is necessary to apply this article of the Criminal Code. Business hoped that business won't reach introduction of the relevant amendments to the Criminal code, the member of council of the Moscow office "Support of Russia", the president of Diana group of companies Dmitry Nesvetov has told Business FM. And on a question that it will do if impose criminal liability for dismissals of future pensioners, Nesvetov отв

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