The federal law of October 3, 2018 No 353-FZ enters into force on January 1, 2019
Employees have the right to be released from work for these purposes for one working day once every three years with retention of their place of employment and average earnings.For working pensioners and employees of pre-retirement age (within 5 years before the retirement age), an increased level of guarantees is provided. Such employees can expect to be released from work for two working days once a year.
To use this right, employees must submit a relevant application to the employer and agree on the date of release from work.
Currently, there is no explanation from the official bodies whether the employee should submit the employer the documents confirming that he/she really used this day for the intended purpose. From the literal interpretation of Article 185.1, it follows that for release from work, only the application of the employee is enough. If this article of the Labour Code of the Russian Federation gets clarifications, we will inform you further.
The day provided to employees for medical examination is not an additional leave, so it should not be included into the Vacation Schedule and it is not necessary to document the absence of an employee at work according to the rules for documenting vacations. This day is also not a day off according to the article 111 of the RF Labour Code.
Agreement with the RF Pension fund on the exchange of information about the employees of pre-retirement age
Now the territorial offices of the RF Pension fund are sending organizations a request to conclude an agreement with them on information interaction on the exchange of information about employees of pre-retirement age.Pre-retirement age in order to comply with Article 185.1 of the Labour Code of the Russian Federation is considered an age of 5 years old before being eligible for the insurance old-age pension (including early retirement).
The employer cannot always accurately determine whether an employee belongs to the category of pre-pensioners, since Depending on a number of conditions, some citizens may have a retirement period earlier than others.
The conclusion of an agreement with the RF Pension fund is not mandatory, but its availability will help citizens to exercise their right for two additional paid days, since the organization will be able to independently request information from the Fund on the employees’ “pension status”.
In case of absence of this agreement, a citizen can personally get the document confirming that he/she reached the pre-retirement age by applying to the territorial office of the RF Pension fund.
Subscribe to our publications
We write only about the most important. You will be the first to know about economic events that affect your business, how to reduce costs, optimize the company's operations and make the right management decisions without immersion in operational processes.
Subscribed
