The Constitutional Court defended the right of employees of the Federal Penitentiary Service to early retirement
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The judges considered the complaint of a nurse from IK-7
The Constitutional Court upheld the right of employees of the colonies to early retirement. The highest court ruled that the possibility of a well-deserved rest for employees of the penitentiary system should not depend on how harmful their working conditions are.
The reason for the proceedings was the complaint of a nurse who since 2011 has been working in IK-7 in the Belgorod region. In 2014, the woman was transferred to the medical unit at the same institution. At the end of the same year, a special assessment of working conditions took place in the colony. The inspectors came to the conclusion that there is nothing harmful in the work of a nurse. This made it possible for the authorities not to pay increased insurance premiums for an employee at an additional rate.
For a nurse, this turn turned out to be fatal: if her working conditions were recognized as harmful, a woman could count on early retirement at 50 years old. Five years later, the auditors revised their decision and recognized the working conditions of the prison doctor as harmful. However, this did not solve the problem, because there is no mechanism in the law that could force the employer to pay insurance premiums for the employee retroactively due to the revision of the results of a special assessment of labor. The Constitutional Court ruled in favor of the nurse. As the highest authority emphasized, the rules for assessing working conditions should not devalue the constitutional right of citizens to pensions.
In its resolution, the Constitutional Court noted that the legislator determined the procedure for studying harmful and hazardous production factors to assess the working conditions of workers and employees of colonies, including medical workers employed at work with convicts, but did not take into account the specifics of this labor activity. As a result, the corresponding periods of work are not counted in their special insurance period. Meanwhile, the state must guarantee the implementation of pension rights, otherwise the citizens’ confidence in the law is undermined. As a result, the Constitutional Court recognized the current rules prescribed in the laws “On Insurance Pensions” and “On Special Evaluation of Labor” as inconsistent with the Constitution. Unfair norms are subject to revision in the near future. Until changes are made to laws, the pension rights of employees of the penitentiary system must be ensured by transferring the necessary insurance contributions to the Pension Fund at an additional rate.
Newspaper headline:
Prisoners approved the right to early retirement in any situation at work
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