Can retired workers work in the private sector?
In terms of the implementation of the provisions of the Labor Law, there is no legal prohibition to employ retired people of the Social Security Organization in private sector units, and if they are employed in workshops subject to the Labor Law, such workers, like other workers working in that unit, are entitled to all the rights and benefits of the Labor Law, including Workers’ compensation and wage increases resulting from the approvals of the Supreme Labor Council will also be enjoyed.
Previously, according to Article 2, Clause 15 of the Social Security Law, the Social Security Organization prohibited the re-employment of retirees, and in case of re-employment, the pensioners’ salaries were cut off and insurance premiums were collected from the employer.
This was strongly objected to by the retirees due to the lack of pensions or their professional expertise, and they complained to various authorities, especially the Administrative Court of Justice, until the employment of some of them, taking into account the conditions of some They were accepted considering the following conditions.
The unanimity opinions of the Court of Administrative Justice, Nos. 90 and 1243, as well as paragraph b of Article 65 of the Law of the Fifth Program of Economic Development, document this argument.
However, the performance of the social security organization was not according to the above, nor were the demands of the retirees satisfied.
A very important point regarding the employment of social security retirees according to the decision of the administrative justice of the Social Security Organization, Instruction No. 21106 dated 8/6/1388, has been announced as follows: According to the meeting dated 7/6/1388, the technical committee for establishing unity of action and The issues raised in the said meeting, which have also been approved by the representatives of the technical and revenue department of the Social Security Organization. Manual No. 3 of the technical committee to create the following procedure is hereby notified for implementation. Regarding retirees subject to social security, it was decided to act according to the decision of the Administrative Court of Justice No. 1831 dated 9/22/1378, which is explained below, and if the retired worker is employed in the job he was employed in before retirement. It is included in the insurance premium and is not included in other cases.
Court ruling:
According to Clause 15, Article 2 of the Social Security Law, retirement means the non-employment of the insured person due to reaching the retirement age prescribed in this law, and considering that the right to retire is a certain thing for someone who retires, and employment There is no conflict with the new job to cover living expenses or to benefit from expertise, and the above provisions are not in the position of negation or proof of employment after retirement in another job for the aforementioned purposes, but only the definition of retirement in relation to the job that the retired employee previously had. He was engaged in it since retirement.
In any case, the social security organization does not have a clear method in this field and acts with taste, and most employers do not hide this use or disclose it by paying insurance premiums.
Mehdi Koh Soltani (financial services, accounting, financial and tax consultant):
Group of accountants, auditors, Tabriz
@Hesabdaran_Tabriz
@Hesabdaran_Tabrizz
This post is written by Mahdi_kohsoltani