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Retirement at age 75, what does this bill imply?

Currently, dismissal is applied in connection with the restriction of the age of the employee to 70 years. | Fountain: Andean

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this week Congressional Working Committee approved an increase in the retirement age to 75, but what does this mean?

The purpose of the legislative initiative is to change the age limit for Peruvians to work, meaning it would allow them to work for another five years before the company they work for enforces an age limit termination.

Labor lawyer Cesar Puntriano notes that the current law allows an employee to be fired at the age of 70 without compensation.

“Currently, retirement at age 65 is voluntary, meaning the employee can continue to work or they can retire and draw up their pension, currently the law says that after age 70, the employer can tell the employee that you know that he is going to complete your retirement. retirement, without payment of compensation, that is, the law establishes the fact that an employee has reached the age of 70 as a basis for dismissal, ”the RPP explained.

Similarly, Puntriano reiterated that the average retirement age is still 65.

“The Congressional Labor Commission opinion does not raise the retirement age, in the National Pension System it is still 65 years for men and women, and in the private pension system it is taken as an average of 65 years,” he recalled.

An employment lawyer notes that workers may have an agreement with their employer to continue working after age 70, but with an initiative being considered by Congress, a worker can ask to continue working until age 75.

“If you don’t have this agreement to continue working after age 70, you can contact the employer when the need arises for, say, his presence and a medical opinion that he is in a physical and mental condition for work,” he said. .

Once an employee makes a request, the company is required to respond to it and provide a report confirming that response within a maximum of 30 days.

According to the project, company They can only deny the request if they have a report made by the Human Resources department proving that it is not necessary to continue using the worker’s services.

If a company does not accept an employee’s request without providing a report stating the reasons for the rejection of the request, then this qualifies as a zero dismissal, but what does it entitle?

Puntriano points out that, under the terms of the draft, this gives the worker the right to choose between reinstatement and returning to work or being fired. compensation that the employer will have to pay.

Source: RPP

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