Issues of Termination of Work Relations Due to Reaching the Age Limit
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Issues of Termination of Work Relations Due to Reaching the Age Limit
Annotation
PII
S1605-65900000622-5-1
Publication type
Article
Status
Published
Authors
Mikhail V. Presnyakov 
Occupation: Professor at the Department of Office and Labor Law
Affiliation: Povolzhsky Institute of Management named after P. A. Stolypin, Russian Presidential Academy of National Economy and Public Administration
Address: Saratov, Russia
Edition
Pages
66-75
Abstract

A number of changes to current legislation in recent years have been aimed at increasing the length of stay in the service of certain categories of civil servants. At the same time, such changes are associated with a number of problems concerning: a) the validity of the extension of work relations; b) the fate of the labor contract (contract extension or the conclusion of a new one); c) the grounds and procedure for termination of the contract; d) state guarantees upon termination of the contract in connection with reaching the age limit. The situation is aggravated by the lack of uniform regulation of these issues in different types of state and municipal service.

The theoretical and methodological development of this topic is quite low. Most of the works related to the change in work relations have the subject of analysis of military service and specific problems related, for example, to gender aspects of securing the age limit. Directly on the grounds and procedure for terminating the labor contract (contract, employment contract) due to reaching the age limit, a small number of publications can be distinguished, which do not take into account later changes in legislation.

To achieve the set tasks, both a general scientific dialectical method is used, which allows us to understand the duality of understanding the legal categories under consideration, as well as methods of formal logic, a comparative method, a system-structural method, etc.

According to the results of the study, the author comes to the conclusion that it should be unequivocally fixed that the labor contract (contract, employment contract) is imperative terminated when employees reach the age limit. At the same time, it is allowed to extend this period, but not the labor agreement itself, therefore, a new labor contract (employment contract) of an urgent nature can be concluded with such a person. In conclusion, specific proposals are made to improve the current legislation.

Keywords
age limit, contract, labor contract, work relationship, contract extension, contract termination, grounds for contract termination, warranty
Date of publication
20.09.2023
Number of purchasers
12
Views
101
Readers community rating
0.0 (0 votes)
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References



Additional sources and materials

1. Vorobyev E. G., Pechenev I. V. On gender inequality of military personnel due to the increase in the age limit for military service. Pravo v Vooruzhennykh Silakh, 2014, no. 7; no. 8. (In Russ. ) 
2. Solovyeva D. A. Reaching the age limit as the basis of the termination of labor relations. In: Bril G. G., Gruzdev V. V. (eds). Organs of democracy on the Kostroma land. Experience of the past and prospects of the future (to the 25th anniversary of the Constitution of the Russian Federation, the Kostroma Regional Duma and the Duma of the city of Kostroma). Collection of works of the XV All-Russian December legal readings in Kostroma. All-Russian Scientific and Practical conference (10—11 December 2018, Kostroma). Kostroma, 2019. Pp. 158—162. (In Russ. ) 
3. Shchur-Trukhanovich L. V. Amendment of the Federal Law “On the State Civil Service of the Russian Federation”: reducing and fixing the maximum age of stay in the state civil service. Access from SPS “ConsultantPlus”, 2011. (In Russ. )

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