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

Abstract

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