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 protested by 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 was accepted with conditions and restrictions, taking into account the conditions of some of them, taking into account the following conditions, in other words, it was announced: In the provisions of the Social Security Law, the employment of retired insured persons as consultants and payment of wages is not prohibited. It does not cause termination of retirement pension. Termination of retirement pension under the title of part-time employment and less than legal hours has no legal basis.
The unanimity opinions of the Court of Administrative Justice No. 90 dated 27/05/1371 and 1243 dated 25/10/1386 as well as paragraph b of Article 65 of the Law of the Fifth Economic Development Program are the documents of this argument. However, the performance of the organization was not according to the above, nor were the demands of the retirees met, and finally the issue was brought up again in the court and the following text was issued:
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 aforementioned 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 the 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 employee 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 refers to 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.
Source: Dispute resolution channel