Talks about increasing the retirement age in Russia do not subside and from time to time flare up with renewed vigor. The group of specialists supporting this proposal is guided by the fact that in our country the majority of pensioners continues to work. There are various reasons for this, they keep someone in order not to offend, others are a valuable source of experience and knowledge. But what to do in the situation when the dismissal of a working pensioner is a necessary measure, or a person wants to voluntarily leave his workplace, or the organization is threatened with staff reductions. We will deal with everything in order.
The legal status of retirees
Retirement does not deprive a person of the rights and freedoms that are given to him by the Constitution of the Russian Federation and legislation. According to the Labor Code of the Russian Federation, such an employee is an ordinary employee and the same rules of law apply to him as to other employees. However, there are some advantages:
- receiving additional, but unpaid leave in the amount of 14 days per year;
- prohibition of discrimination against a person by age;
- retirement age is not a reason for early termination of the employment contract;
- if the organization is threatened with staff reductions, then experience and long work experience, accumulated knowledge can become a significant advantage when choosing an employee who should remain;
- dismissal of a pensioner of their own free will is made out without prior notice.
Dismissal on their own initiative
Possibility of termination labor relations one of the parties, including at the initiative of the employee, is stipulated by the Labor Code of the Russian Federation and, as a rule, is reflected in the collective agreement of the company. This is a human right, his personal wish, in which the employer cannot refuse him.
On the offensive retirement age the employee prepares a letter of resignation, indicating at the same time the date of the last working day at his discretion (or without it). The remaining columns are filled in according to the template. However, in the column "grounds" you should always write "retirement", only this wording allows a person to independently choose the date of termination of employment. Answering the question of whether pensioners work out upon dismissal, we can unequivocally say no. There are two reasons for this. Firstly, there is currently no concept of “working out” in the domestic labor legislation at all, there is a norm that the employee must notify the employer 14 days before the expected date of termination of the employment contract. Secondly, pensioners have an advantage in this, they can leave the workplace on any day of their own free will, but only if they indicate the reason mentioned above.
Staff reduction
Almost every organization is faced with the problem of staff reduction one way or another. The situation can be quite complicated and often becomes stressful not only for those who are facing the threat of dismissal, but also for the employer. Therefore, it is important to do everything in accordance with the letter of the law and, ideally, in fairness.
The procedure for dismissing a pensioner to reduce staff is identical to that designed for other employees. No one has the right to hint at age and force a person to leave on their own initiative.
Step-by-step instruction
Dismissal begins with the execution of an order indicating the posts that are planned to be excluded from the staffing table. Distribution takes place in advance (2 months before the date of dismissal) by registered letters, you can also issue notifications of termination of employment under the signature. Data is submitted to the Employment Center and the trade union organization.
According to the requirements of the law, it is necessary to offer vacant positions in the company or its branches to those who have fallen under the reduction. The dismissal of pensioners also involves this procedure. Dismissed employees receive everything due in accordance with the law, compensation payments.
Regarding financial issues, it is worth noting that this category of citizens also has the right to receive an average monthly salary within two months after the reduction and the third, if such is the decision of the Employment Center.
Most often, retirees are fired on the initiative of the employer. In this case, events can develop in two ways.
Dismissals without the consent of the employee
Reaching retirement age does not mean loss of working capacity and knowledge. However, in any case, this affects health, stamina. The employer is not always ready for further cooperation, especially if the person stops coping. In this case, negotiations begin with the aim of transferring to another position or dismissing at will. The dismissal of a pensioner in this case is impossible without his consent. However, the legislator provided for a number of exceptional cases, all of which are reflected in Article 77 of the Labor Code of the Russian Federation, including refusal to continue working in another position necessary for a person in accordance with the conclusion of the doctors.
Dismissal by agreement of the parties
The most harmless and optimal option for everyone. The proposal to terminate the employment contract is put forward by the employer. At the same time, it is important to find an individual approach to a person, perhaps offer him a small compensation, tactfully say that there are young specialists who would be nice to give way. This situation is documented not as dismissal of a pensioner at his own request, but by agreement of the parties. The document must indicate the date of termination of employment and the size of the payment. When all the wishes of the employee are taken into account, everything is framed by law, you can not be afraid of going to court and the prosecutor.
Compensation, payments, benefits
The status of a pensioner does not give the employer the right to violate labor legislation or interpret its norms to suit their needs, it is the same for everyone, regardless of age, nationality, religion, etc. Let's talk about what compensation and payments the employee is entitled in this case. If, having reached retirement age, a person decides to quit voluntarily, then he is only entitled to compensation for unused vacation and salary based on the results of the last working month.
Reduction Payments
If there has been a reduction in the company's staff, then the dismissal of a pensioner involves the payment of severance pay up to a maximum of three months. Provided that work in the Far North regions or equivalent to it, this period may increase up to six months. In cases where the employee refused another position proposed by the employer or did not agree with the changes that are made to the employment contract, compensation is made only for two weeks. The situation is similar with those who are engaged in seasonal work.
The dismissal of retirees on the initiative of the employer or downsizing is a rather difficult situation. Often people work in one place throughout their lives, starting from the time they graduate. For them, leaving is a stressful situation, many cannot and do not want to lose this extra income. In this case, the employer can only have patience and try to agree.
