Will Working Pensioners Be Fired in 2021 Over 60 Years of Age?

The procedure for dismissal of pensioners in 2021

After writing a statement, the employee voluntarily retired. The organization issued an order and fired him from the date specified in the application. After some time, the person changed his mind and wrote a new application, this time about recalling the previous one.

The employee and employer must determine terms that are acceptable to both parties. Before issuing an order, we recommend that you sign a bilateral agreement, which states that the parties have reached mutual agreement, and also indicates the date of the upcoming dismissal and other conditions.

Retirees in 2020-2021 are subject to the same severance conditions as other active employees. To terminate an employment contract, there must be a significant reason.

1. When downsizing, employers give preference to the most qualified personnel, and retirees, in turn, have extensive work experience.
2. The application must indicate the reason and date of dismissal. A pensioner has the right to resign due to retirement; he does not need to work for a two-week period.
3. The employer has the right to terminate the employment contract on the basis of Art. 81 of the Labor Code of the Russian Federation, if a pensioner neglects his duties or violates the provisions of the law. In this situation, you can fire a pensioner without his consent.

It is important to note that an employer does not have the right to dismiss an employee solely on the basis that he has reached retirement age. At the same time, compared to other employees, working pensioners are not provided with certain benefits.

The employer must know the following rules:

• You cannot dismiss an employee because he has reached retirement age if he has not expressed such a desire;
• in the event of a lawsuit, the employee will be able to be reinstated in his position with unpleasant consequences for the employer;
• during liquidation, pensioners are dismissed from the organization on a general basis;
• when an employee of retirement age cannot cope with his responsibilities in full, but does not want to leave work, the employer may offer to change his position or switch to part-time work.

The employer has the right to offer the employee another position, since reaching retirement age is not a reason for dismissal. This is permissible if the employee provides written consent.

Dismissal of a working pensioner on a general basis:

• by agreement of the parties;
• at the initiative of the employee;
• at the initiative of the employer.

A pensioner has the right not to work for a two-week period, while the general rules for dismissing other employees have almost no differences.

In the event of a staff reduction situation, the pensioner has the advantage of remaining in this job. Employers are reluctant to part with more experienced workers, even though the law does not mandate this. But often, in organizations, it is employees of retirement age who are laid off.

An employer has every right to dismiss a working pensioner if he has committed violations that threaten him with dismissal. It is important to correctly prepare all the necessary personnel documents.

A working pensioner may take the initiative to quit. The employer has no right to interfere with this.

It is enough for the employee to fill out a letter of resignation, indicating the date and reason for dismissal “retirement”. In this case, working out a two-week period is not provided for by law. In turn, the employer dismisses such an employee, adhering to all the rules: a full payment is issued - compensation for unused vacation and wages.

In many enterprises, it is working pensioners who are subject to staff reductions. The dismissal procedure is carried out on a general basis.

The following procedure is provided:

• the employee must be warned by the employer two months in advance;
• an order is issued in the organization;
• Changes are being made to the staffing table.

Actions aimed at the possibility of “getting rid of” pensioners through staff reduction are illegal unless one of the following conditions is met.

Procedure for reducing the number or staff of employees:

1) the employer is obliged to inform the employment service about the upcoming layoff:

• 2 months – employer-organization;
• 2 weeks in advance – employer – individual entrepreneur;

2) the employer is obliged to identify persons who are prohibited from dismissal due to a reduction in numbers or staff.

The schedule must be changed: the position occupied by the pensioner is reduced.

Sometimes, in an employment contract, the employer prescribes benefits for pensioners if they have worked at a given enterprise for more than 20-25 years. Basically, this is the advantage of staying in a job when downsizing. At the same time, this is still not the employer’s obligation, but his right. However, the employer is obliged to respect this right if this condition was stated in the employment contract.

Important:

• the employer may offer the pensioner a position that is not subject to reduction;
• the basis for termination of the employment relationship may be the pensioner’s refusal of the position offered to him;
• the offer of a position and its refusal must be recorded in writing;

In case of staff reduction, the pensioner has the right to receive all benefits and compensations provided for by the Labor Code of the Russian Federation:

• wage;
• compensation for unused vacation;
• benefits for the first two months after dismissal;
• additional benefits are at the discretion of the employer.

How to legally fire a pensioner

Upon reaching retirement age, an employee has the right to quit his job. In Russia, the retirement age is stipulated: for men - 65 years, for women - 60 years (according to the law on increasing the retirement age).

There are situations when early retirement is permitted. On this basis, a pensioner has the right to dismissal once in his life. Then the entry “dismissal due to retirement” is recorded in the work book. In this case, the application for dismissal is allowed to be submitted one day before the expected date.

The application indicates the date of dismissal and the reason - “retirement”. The employee writes the application, and the employer approves the corresponding order.

The employee will receive all provided benefits on the next payday.

Upon dismissal upon retirement by agreement of the parties or at the employee’s own request, the employer pays:

• compensation for unused vacation, if any, in a given working year;
• wages for the time actually worked in the month when the employment relationship was terminated;
• other benefits are at the discretion of the employer.

In the event of liquidation of an enterprise or reduction of staff, the following payments are provided to the pensioner:

• wages for actual hours worked
• benefits for the first two months after dismissal;
• compensation for unused vacation.
• additional benefits - at the discretion of the employer;
• If a pensioner worked in the Far North, he is provided with benefits for 6 months.

Cases when reduced benefits are provided:

• carrying out labor activities in seasonal work;
• refusal of a pensioner to transfer to another company for permanent work, in the event of an agreement between employers.

A person who has reached a certain age has the right to stop working and retire. But the legislation of the Russian Federation also does not prohibit such elderly people from working. Especially if they are full of strength and can fully cope with their work responsibilities.

Despite the fact that due to the pension reform of 2021, the retirement age has been increased (for men - 65 years, for women - 60), it has not become a reason for dismissal. And if the manager nevertheless forced an older employee to terminate the employment relationship without justified reasons, this will be regarded as age discrimination. In such cases, employers are in for big trouble. How to fire a pensioner without violating his rights and legislation?

All situations related to employment and termination of an employment contract are regulated by the Labor Code and adopted regulations:

• Federal Law No. 400 dated December 28, 2013 “On insurance pensions”;
• Federal Law of December 17, 2001 No. 173 “On labor pensions in the Russian Federation”;
• Art. 77, 78, 80, 81 Labor Code of the Russian Federation.

Fixed-term contracts, which are regulated by Art. 59 Labor Code of the Russian Federation. According to the law, the period for concluding such an agreement is limited to 5 years. It is convenient for the employer, as it allows the working relationship to end on time and does not require payment of severance pay. But a fixed-term contract can only be concluded with the consent of the candidate.

Why was the indexation of pensions for working pensioners cancelled?

Indexation for pensioners who receive a pension and continue to work has been canceled since January 2021. Or rather, not about. The moratorium on increasing payments will last no less than until the end of 2021. And, most likely, it will be in force for another six years – until the end of 2024. During this period, the state plans to annually increase payments to non-working pensioners by an average of one thousand rubles. Indexation of pensions for working pensioners in 2021 and subsequent years has so far been recognized by the Government as inappropriate.

Pension payments to working pensioners stopped being indexed due to the adoption of Federal Law No. 385-FZ of December 29, 2015. In particular, the document added a new article to the law “On Insurance Pensions” (No. 400-FZ dated December 28, 2013) – 26.1. It says that if a pensioner works, his pension is not indexed. This means that its fixed (base) part does not grow. Previously, it increased in proportion to the level of growth in consumer prices over the previous year. Starting next year, the fixed part of the pension will begin to be increased at a rate faster than inflation - in accordance with Article 10 of Law No. 350-FZ of October 3, 2018, but only for non-working pensioners.

Indexation of pensions for workers in 2021 was not resumed for a number of reasons, including: was voiced by the head of the Ministry of Finance Anton Siluanov:

• Salaries, including those of working pensioners, are regularly growing, and faster than the pensions of non-working older people.
• A working pensioner has more financial benefits than a non-working pensioner. For example, he can take advantage of a tax deduction, returning part of the money paid in the form of taxes to the state treasury.
• Pensioners recalculate the amount of payment in case of dismissal, which adds a significant amount to it in case of loss of earnings. He begins to earn the same amount as his “colleagues” who did not previously work.

By freezing indexation for working pension recipients, the state also considered it fair to save funds from the Pension Fund in order to direct them towards a more significant increase in payments to non-working pensioners. After all, for them, as a rule, they are the only source of income.

It became known which working pensioners will be fired first

Despite the fact that Article 80 of the Labor Code does not provide for a two-week notice period of dismissal for pensioners leaving for a well-deserved retirement, there are exceptions. These include:

• termination of the contract by agreement of the parties when a new employee needs to be found to fill the vacant position;
• when the employee has already exercised the right to resign due to retirement without working the required two weeks.

The Labor Code prohibits any discrimination, including age discrimination. Reaching retirement age in itself is not a reason for parting with an employee, and termination of an employment contract in this case should be carried out on the general grounds:

• by agreement of the parties;
• at the initiative of the employer;
• at the employee's own request.

Let's take a closer look at each of the methods.

The easiest way to fire a pensioner is if he writes a statement of his own free will.

The legislation does not establish a time period between obtaining the right to receive a pension and the voluntary dismissal of a working pensioner. The employee can write an application immediately after receiving the right to pension payments or remain working as long as he considers possible.

The dismissal process in this case is no different from other employees, with one exception. We have already written about it above: if an employee receiving an old-age pension quits for this reason for the first time, he may not work the required two weeks.

First of all, a statement must be drawn up, which indicates:

• FULL NAME. employer;
• personal data and position of the resigning person;
• the text of the statement itself;
• date and signature.

In this case, termination of the employment contract occurs at the initiative of both parties. The procedure is completed in the same way as when leaving at your own request. But with one exception. In this case, withdrawal of the application is practically impossible. Withdrawal of the application and return to work must also occur by mutual agreement.

Sometimes a manager offers a working pensioner to switch to an easier job that corresponds to the health status of the subordinate. The transfer must be carried out only with the consent of the employee.

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Can working Russian pensioners count on indexation?

So, there will be no indexation of pensions for working pensioners in 2021. In particular, this category of citizens will not be affected by the increase in the insurance pension by approximately 1,000 rubles, promised by the authorities in January. Their pension payment will be indexed only if they quit their job within the next year. Then, after about three months, its size will be recalculated, including all indexations that took place during the “freezing” period.

In addition, it should be taken into account: despite the fact that indexation of pensions for working pensioners is not provided, the amount of pension payments will still be increased. But this will not be the result of pension indexation, but of its recalculation in connection with the accumulation of new pension coefficients (points).

This means that while the pensioner is working, his employer pays monthly insurance premiums for him. Based on the total amount contributed during the previous year, the employee receives pension points that have a certain value. It is regularly revised upward. For example, the cost of a pension point in 2021 is 81.49 rubles, and next year it will increase to 87.24 rubles.

However, there is a restriction for working pensioners - they are allowed to accumulate no more than 3 points over the previous year. Thus, by multiplying them by 87.24, you can find out the maximum possible increase in pension for working pensioners next year. It will be 261.72 rubles (87.24 x 3).

The Pension Fund recalculates the pensions of pensioners who continue to work once a year - on August 1.

Information that Russia wants to abolish pensions for working pensioners has been officially denied. Government officials emphasize that such a decision would violate citizens’ guarantees for pensions due to age, illness and other circumstances, enshrined in Art. 39 of the Constitution of the Russian Federation.

Will Working Pensioners Be Fired in 2021 Over 60 Years of Age?

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The elected President of Russia Vladimir Putin stated that it is necessary to resolve the issue of recalculating pensions for working pensioners in 2021. The cancellation of indexation for this category of recipients was carried out at the beginning of 2021. Since then, working pensioners have been recalculated once a year in August, but they will be able to receive increased payments only after the final termination of their working activity.

According to the latest news, the government announced the introduction of a bill to raise the retirement age. The review will take place in the near future. Meanwhile, the HeadHunter agency conducted a survey of Russians on this issue. The results showed that the majority of citizens, and about 8 thousand people took part in the survey, consider the established age - fifty-five years for women and sixty for men - optimal. At the same time, 35% consider this age to be too high and believe that it should be reduced to 54 years for men and 50 years for women. Only 6% of Russians were in favor of increasing the retirement age. It is clear that for those who are already retired, this bill will not bring changes.

In recent years, working pensioners in Russia have not been in a completely equal position with those pension recipients who are no longer working. Payments for them are frozen, the pensions of such people are not indexed. However, from some points of view, the situation of a working pensioner may be slightly more advantageous, since some special benefits apply to him. What benefits are available to working pensioners in 2021 - the latest news on the list of state support measures for such people.

First of all, of course, working pensioners enjoy all the benefits that people of retirement age are entitled to in principle. From this point of view, the law in most cases does not divide pensioners into those who work or do not work.

Speaking live, Vladimir Vladimirovich announced a fairly long list of innovations that somewhat soften the upcoming reform. The main and fundamental change, which cannot but please all representatives of the fair sex, was the change in the age threshold downwards. As a result of the reform, the threshold for women to retire will not be 63 years, as previously stipulated, but 60 years.

At this time, a special regime will be in effect for everyone who is about to retire. The President proposes to introduce such a concept as “pre-retirement age.” Each person will reach this age 5 years before retirement (women at 55, and men at 60, respectively).

Innovations in pension legislation make it possible for pensioners, starting next year, to receive indexed payments from the 1st day of the month following the month of dismissal. The initial indexation and the date of payment of the full amount of financial resources will occur 3 calendar months after the date of dismissal.

As it became known, a reduction in pensions for working pensioners in 2021 in Russia is not expected. However, monthly payments to pensioners who continue to officially work will not be indexed again in the coming year. This decision was the result of a tripartite commission to regulate social and labor relations.

Pensions for working pensioners 2021: when will indexation be unfrozen?

Golikova previously reported that this package of changes to the pension system does not include indexation of payments to working pensioners.

The law on the suspension of indexation of pensions for working pensioners came into force in Russia in January 2021. On April 11, 2021, Prime Minister of the Russian Federation Dmitry Medvedev said in the State Duma that the possibility of indexing pensions for working pensioners can be discussed, this issue is not closed. The head of the Cabinet of Ministers admitted that it was decided to abandon indexation “only for economic reasons” because “there was not enough money for it.”

Russian President Vladimir Putin noted during the “Direct Line” on June 7 that the issue of indexation of pensions for working pensioners requires elaboration. In particular, this applies to low-wage specialists. He added that we are talking, among other things, about staff in kindergartens and hospitals.

Later, the Pension Fund of Russia (PFR) reported to TASS that the pensions of working pensioners are increased annually from August 1, the size of the increase depends on the amount of insurance premiums paid by the employer for the working year. The average increase in pension from August 1, 2021 was 169 rubles. According to the Pension Fund of Russia, as of May 1, 2018, there were about 9 million working pensioners in Russia. Their pensions have not been indexed since 2021.

The fund noted that social payments through the Pension Fund are also indexed to all pensioners, regardless of their employment. Upon completion of the pensioner’s work activity, the pension is increased by all indexations that have been made and is paid taking them into account, even in the event of further employment.

What awaits retirees in 2021

The additional payment from August 1 is made by taking into account, in the amount of the pension benefit, pension points (IPC), formed by paying insurance premiums during the pensioner’s working life. The recalculation procedure has several significant features that significantly affect the size of the increase:

The final position of the Government was announced on June 27, 2021 by the Russian Minister of Finance and First Deputy Prime Minister Anton Siluanov. He said that changing the current approach to paying pensions to working pensioners during the pension reform is inappropriate.

The Russian pension system clearly intends to force citizens to tighten their belts. The sensational reform, as a result of which some will have to retire five years later, and some even eight years later, has become fertile ground for many different rumors about the complete abolition of pensions for one or another category of the population in 2021. Let's figure out which of this is true and which is fiction (at least for now).

Therefore, if the price of oil suddenly goes down again, on which the thickness of our public purse depends, the authorities may return to the idea of ​​abolishing the military pension as early as 2021. However, the abolition of pensions is unlikely to affect employees of departments such as the Ministry of Internal Affairs and the Russian National Guard, even in the most difficult situation; The loyalty of the guards is too important to the regime, so they will always find money for them.

But many representatives of the social sector consider this decision discriminatory, since Russians often continue to work not only because of the desire to be active, but also because of the inability to feed their family only on pension.

The main issue that interests working pensioners is the indexation of payments. Those who receive only a pension can expect the amount they receive to be transferred in accordance with the inflation rate. But this does not apply to those who, after formal retirement, continue their working activities.

According to representatives of the Ministry of Finance, older people should be deprived of fair pension provision, since they have the theoretical opportunity to fulfill work obligations and receive money for it. The state should, to some extent, support only those who are no longer physically able to work.

Against this background, the initiative of the deputies of the lower house, who began to discuss the possibility of indexing pensions, looks completely unexpected. Moreover, the start date for indexation was announced - March 1, 2021.

As members of the Committee on Labor, Social Policy and Veterans Affairs explain, an increase in pensions will not entail catastrophic consequences for the federal budget, even if previously no expenses were expected to support people who have retired. Some hope is also given by the fact that the President of the Russian Federation got acquainted with this initiative and ordered to consider the prospects for indexing pensions of the announced category.

According to Art. 80 of the Labor Code of the Russian Federation, a future pensioner can resign at his own request without working for two weeks. To do this, it is enough to submit a letter of resignation to the manager indicating a specific date.

The step-by-step procedure for terminating an employment contract simultaneously with retirement is as follows:

1. A citizen, one month before the date of registration of pension provision (birthday), submits documents to the Pension Fund for the assignment of a pension. You can do this later, but at least 10 working days before the right to a pension arises.
2. After this, a letter of resignation is drawn up indicating a specific date. The pensioner himself has the right to choose it.
3. The employer reads the application, puts a resolution on it and issues a dismissal order. The employee must be familiarized with the order against signature.
4. The head or employee of the HR department fills out a work book. Art. 80 Labor Code of the Russian Federation.
5. On the last day of work, a full settlement is made with the resigning employee: the balance of wages, unpaid vacation, etc. are transferred.
6. On the day of dismissal, the employee is given all the documents: work book, diploma, accounting certificates.

How to resign of your own free will without working off

The law establishes a working period - the period after filing an application to terminate the contract, within 2 weeks.

The paper is prepared in two originals: one is given to the employer, the second is marked with receipt indicating the date and number of the incoming person. It remains in the employee’s hands in order to confirm his intentions and to provide an evidentiary basis in the event of a dispute.

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Difficult age: how older Russians are fired

Termination by agreement on the basis of Art. 78 of the Labor Code of the Russian Federation is rarely used and looks like this:

1. The employer draws up a notice inviting the employee to resign and sends the document to him. The document must contain the conditions for terminating the employment relationship: the possibility of receiving compensation payments, etc.
2. If the employee agrees to the terms, the parties enter into an agreement. Also, the resigning person is given the right to make proposals and his own conditions.

As stated earlier, this opinion is erroneous. If you have the opportunity, strength and time to finish it before the end of the year, do it. After dismissal, the pensioner will in any case receive an increased pension , since he will receive an additional payment that will help him reach the payment amount assigned to a non-working citizen of retirement age.

True, a person will see an increased pension only 3 months after dismissal , but there is no need to be upset here either, because as part of the fourth payment after dismissal, he will receive all the missed additional payments. If we talk about indexation, your pension will increase, as for all non-working pensioners , from the first day of the next month after leaving work.

Do not forget that the employer is obliged to pay other amounts in addition to the employee’s wages. For example, compensation for unused vacation . Its size will depend on how many vacation days you have accumulated after the last rest period. Unused vacation days must also be paid.

salary indexations for employees of any organizations . For government agencies it is regulated at the state level, for private enterprises - through regulations. So think about whether you need to quit right now? After all, you may lose part of the amount that you could get by working until the end of 2021.

If a working pensioner stops working (that is, quits), the Pension Fund will recalculate and take into account all indexations missed during the years of work experience. That is, after dismissal, the pension amount will be calculated as for a non-working pensioner.

You can find out what amount of pension will be paid after dismissal by ordering a certificate in your Personal Account on the website of the Russian Pension Fund.

Note that the amount of the insurance pension (SP) is calculated using the following formula: SP = IPC × SPK + FV, where IPC is the size of the accumulated pension coefficients, IPC is the cost of one similar coefficient (or point), FV is the size of the fixed payment (that is, basic part of the insurance pension).

Ultimately, annual indexation increases the cost of the pension point and the fixed payment, on which the size of the payment will depend. For working citizens, these values ​​are not indexed. The amount of their pension is calculated taking into account the size of the pension fund and the pension insurance system, which were determined at the date of retirement.

If the pensioner resigns in 2021, then the recalculation will be carried out using the above formula, taking into account the current values ​​of the SPK and FV. In 2021, one point is 98.86 rubles, and the fixed payment is 6044.48 rubles (for disabled people of group 3, the PV is 3022.24 rubles).

Recalculation after dismissal is carried out on the basis of information received from the employer. If a pensioner resigns, the employer will stop paying insurance premiums for him and will not include him in reporting to the Pension Fund. Thus, in order for a pensioner to receive a recalculation, it is required that he be unemployed for one whole month - from the first to the last day. Let's say, if he quit in May, then he can get a job again no earlier than July 1. If it starts working earlier (say, in mid-June), then it will be included in the reporting for both May and June. Thus, recalculation and indexation will not be carried out.

The most profitable option for a pensioner would be to quit on the last day of the month and return to another job a month later, on the first day.

In accordance with Part 8 of Art. 26.1 of Law No. 400-FZ, if a pensioner gets a job again, he will be paid the amount of pension that was assigned on the day preceding the day he resumed work. That is, no additional payments from recalculation will be withdrawn, and the size of the payment will not decrease. However, when the next indexation is carried out, this citizen will no longer receive any increase as long as he continues to work.

Indexation of insurance pensions was approved for January 1, 2021, the increase is 6.3%.

• In order for a working pensioner to receive an increase as a result of this indexation, he can quit before the end of December (before December 31, 2020), and get a job again as early as February 1, 2021. In this case, in the reporting for January he will already be listed as unemployed, which means The pension fund will recalculate.
• The payment in this case, naturally, will be delayed, since information regarding the dismissal will be received by the Pension Fund with a delay. However, all amounts underpaid since January 1, 2021 will be paid along with the indexed pension, which will arrive approximately in April 2021.

Recalculation of pension after dismissal of a working pensioner in 2021

To recalculate your pension, you must provide a minimum package of documents - an internal passport and SNILS.

Additionally, you may need a pension certificate, work book, and income certificate.

Particular attention is paid to drawing up an application, in which it is important not only to correctly rewrite passport data, but also to indicate the reasons why it is necessary to index the pension benefit.

If the applicant applies personally, the pension review is carried out within 5 days, the decision is communicated individually.

An increase is due if the result is positive, and if the result is negative, you can go to court and review this decision.

Taking into account inflation over the past years, the fixed and insurance rates are revised.

In the latter case, the following are taken into account:

• number of points;
• personal coefficient and its price;
• cost of one point;
• total work experience;
• mandatory payments on a personal account;
• maximum standard

Before the pension is recalculated, other changes during the pensioner’s working life are taken into account:

• increasing pension coefficients;
• increase in production;
• transfer of pension contributions;
• change of disability group (if any);
• accumulation of IPC.

Important to remember ! The amount received cannot be less than the subsistence level in a particular region. Compensation for the last 4 years of work is subject to refund.

If, after being fired, an elderly person realizes that he wants to continue working and even looks for a new job, the situation with pension indexation develops in two directions:

1. If a pensioner has just started renewing his pension and returned to work, then the indexation of payments is cancelled. The pension benefit remains at the same level until the employee resigns and submits the required package of documents to the Pension Fund.
2. If the recalculation has already been completed, and the pensioner has even received the first increased pension, then new employment is not a reason to cancel such an increase. But you can’t count on the next indexing while it’s working.

If a pensioner does not plan to lose annual pension benefits (as of August 1), but also does not want to remain without work, the alternative is to find a job unofficially.

While the resignation letter has not yet been written and endorsed by the HR department, here is what a working pensioner might think about:

1. The annual calculation coefficient does not exceed 3. Within the established standards, the premium in 2021 is no more than 279 rubles.
2. After indexation of pension payments, you can find a job at your previous place of work, if the employer accepts.
3. It is advisable to control the work of the enterprise’s accounting department, otherwise the indexation of the pension after dismissal may not wait.
4. To find out what your pension will be after dismissal, you can order a certificate on the official website of the Pension Fund of Russia in your Personal Account.
5. If you want to re-employ yourself, it is ideal to quit on the last day of the current month, and re-conclude an employment contract 1 month from the first day.

The next percentage indexation of pensions is 6.6%, and is scheduled for January 1, 2021. So retirees at work have something to think about.

Video : Growth of the pension of a working pensioner after dismissal.