Issues of Termination of Work Relations Due to Reaching the Age Limit

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.