On the Correlation of Guarantees to Ensure the Labor Rights of the Elderly in Russia and Europe

Аннотация

Many lawyers, referring to the topic of guarantees for ensuring the labor rights of elderly people who receive a pension, begin their analysis from the provisions of Article 19 of the Russian Constitution on the prohibition of discrimination and Article 3 of the Labor Code of the Russian Federation on the prohibition of discrimination. The ILO Convention no. 111 on Discrimination in Employment and Occupation [8] also does not mention age as a discriminatory motive. At the same time, among the listed elements of Article 19 of the Constitution of the Russian Federation, there is no direct indication of age. Therefore, the issue of employment and workplace retention for an elderly employee, payments due to dismissal, including those in connection with liquidation of the organization or staff reduction, is related in one way or another to an understanding of the essence of the labor rights of such persons by the bodies that protect justice and the labor rights of workers. Controversial aspects often have fundamentally different approaches to application, thus requiring careful and cautious treatment without generalizations and formalism. Based on an analysis of judicial practice, ILO recommendations, WHO reports, and other materials, we reveal common and distinctive features of guarantees of the labor rights of elderly people and old-age pensioners and the quality of life in Russia and European countries.