:quality(85)//cloudfront-us-east-1.images.arcpublishing.com/infobae/4DNXK32NRFDSVMAX7OHP7BWBQU.jpg "Bill on retirement at 75: advantages and disadvantages of the initiative passed in Congress")
A new initiative on older people was approved in the Congress. This is the bill that allows formal workers to be able retire at 75 It has generated all kinds of comments from experts and labor lawyers who do not see this rule as bad and which, in addition to harming the elderly, could benefit them, but it could also delay the insertion of young people In the working world.
Retiring at 75? Congressional Committee Approves Initiative to Raise Age
There are approximately 93,000 workers who are approaching the age of 70 and who are soon at risk of becoming unemployed.
Caesar Puntriana labor lawyer, clarified that the law approved by the Congressional Labor Committee still has to go through a long process before it is published as law and that “the decision does not raise the retirement age, because legally it is still 65”.
“What the law currently says is that we reach 70 and the employer can tell the worker that the employment relationship is going to end and then they can start your retirement process without paying compensation.
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“There are 4 days left until the end of the legislature, and Congress has the opportunity to help the economy of families,” said lawmaker Digna Calle.
According to the specialist, today at age 70 the worker can be dismissed by his employer, “unless it has been agreed in writing that they work beyond the age of 70”. However, with this new law, the employee can ask his boss to delay his retirement, whenever it is necessary to rely on him, but he must meet certain requirements such as a medical evaluation which certifies that he is physically and mentally able to work. .
In this case, the employer is required to respond and if he says no, he must also have a report that justifies his rejection, otherwise it can be declared as a null dismissal and the worker requests reinstatement in his position or compensation.
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“The advantage of this bill is that you can have experienced people in the positions, but the disadvantage is that we have a lot of young people coming out. labor market and they seek to locate themselves. We know that if these positions are filled, they may not be able to be filled by a new professional,” he explained.
He indicated that the standard also stipulates that the the employer has 30 days to respond and if he refuses to approve or does not remain in the company without report or support, it would be understood that the worker is terminated without cause
He stressed that “one thing is the will of the worker to stay, but that must be endorsed by a medical board and by the necessity of the service. If there is none, the employer must state the reasons why it will not be considered. You have to back it up with evidence.”
He indicated that even if this point will generate an additional process, what is sought is that it does not result in a simple refusal of the boss that the person continues to work.
“Current labor regulations do not protect adults over 70 who freely choose to continue working. Indeed, we have that Article 57 of Legislative Decree 728 establishes that retirement is compulsory and automatic at age 70, unless otherwise agreed, “said the President of the Labor Commission, Sigrid Bazan.
The MP pointed out that there are approximately 93,000 workers approaching the age of 70 who could face the possibility of losing their jobs. By 2024, the beneficiaries of this bill would be those who in 2021 were 67 years old, i.e. 112,755 older employeesaccording to the INEI’s National Household Survey (Enaho).