In the conditions of the development of the modern economy of our country, given its instability, constant ups and downs, the employers of the Russian Federation are simply forced to resort to extreme measures to preserve enterprises, their normal functioning and maintenance of working condition.
One of the main, and perhaps even the first priority in such cases is the reduction in staff. This is an unpopular event among ordinary citizens, however, it is absolutely reasoned and legal in nature and helps to reduce the amount of cash costs of the enterprise. And without fail, employees who may already be on a well-deserved rest are the first to be laid off in the context of layoffs.
Of course, the reduction of the retired employee seems to the latter unpleasant, and, as it seems to him, unfair, and even to some extent illegal. But be that as it may, employers often have to take such measures. Therefore, we will consider further in the article how a pensioner is dismissed due to staff reduction. Payments due to such individuals will also not be ignored by us.
The legislative framework
Dismissal for retirement reductions , payments that are made at the same time dismissed are regulated by the labor legislation of the Russian Federation. The most important document that spells out all the rights and obligations of employees and employers is the Labor Code of the Russian Federation. And it says in black and white that the age factor in no way can serve as the basis for the dismissal of an employee. The reason for the termination of the employment contract cannot be the condition that the employee reaches a specific age.
However, another article spelled out in the Code mentioned above states that the employer has the right to terminate the employment contract on the basis of other reasons that do not contradict the current legislation of our country. So, age restrictions for the continuation of labor activities of citizens are prescribed in other federal laws of the Russian Federation, specifically for public servants and persons holding certain posts. Therefore, the dismissal of a pensioner to reduce staff, the payments accrued to him at the same time, in these cases are absolutely identical to the procedure for terminating an employment contract with citizens of other ages.
Mandatory Early Reduction Alert
So, as it turned out above, the dismissal of retirees while reducing staff is carried out according to the rules applicable to all employees. The employer is obliged to inform his employee, who has already reached the age of the pensioner, about the decision to terminate the employment contract with him at least two months before the actual implementation of this decision. At the same time, this notification must be delivered personally to a specific person who is affected by the current situation. And an employee falling under reduction is obliged to record his awareness of this in writing. To comply with this rule, an employee who is subject to a layoff must write a receipt.
If it is possible to provide another place, it should be used.
In turn, the employer, in accordance with the current legislation of our country, is obliged to provide the dismissed employee with a list of vacant places that are available at this enterprise. Also, the employer should not lose sight of the newly formed vacant posts that have been vacated after the procedure for notifying the employee preparing for dismissal. These vacancies should also be provided to him as options for further employment.
Early dismissal of a pensioner in the face of downsizing
Relying on the same legal act, the employer, warning the employee about his decision to terminate all possible labor relations with him, can make an offer for this employee, consisting in early dismissal, in this warning. Naturally, for the employer to exercise this right, on his part, in relation to the dismissed employee, all the guarantees laid down in the Labor Code of the Russian Federation must be observed.
To carry out this simple event, all necessary conditions stipulated by the current legislation of our state must also be observed. This means that the initiator of the early termination of the labor agreement and all labor relations related to this agreement must be the employer, and not the employee who fell under staff reduction. The employee, in turn, is obliged to express in writing his agreement with this fact in the current situation.
In a situation where the expiration of the warning has not yet arrived, but the employee has already found a new job, he is obliged to inform his current superiors in writing about the intention to terminate the labor agreement. Subject to all the above conditions, the employer has the full right to early termination of all labor relations with this employee.
Upon early dismissal, a pensioner is not required to work
The laid-off employee does not have an obligation to his employer in the necessary work with other options for dismissal. The period of compulsory working off before the reduction, which, as a rule, is two weeks for a person who has fulfilled all the conditions of the labor contract, according to the current legislation of our country, is automatically canceled.
What are the benefits for retirees while downsizing?
The labor legislation of the Russian Federation protects the interests of both employers and their employees. Therefore, if the employer dismisses a pensioner to reduce staff, he is also obliged to provide him with compensation payments. The rules to which the employer is required to comply in the process of calculating the named cash benefit are also spelled out in the labor legislation.
Specifically, the compensation for a retired pensioner who has been dismissed must be equal to the size of his average salary. It is calculated in proportion to the amount of time left before the end of the warning period. It is a mistake to suppose that upon layoffs, retired pensioners are paid only severance pay. The Labor Code of the Russian Federation also provides for other payments that are due to such an employee.
What other benefits can a pensioner expect?
Such an employee is entitled to the following types of cash charges:
- Severance pay. It is paid on the last business day.
- Payments during the period of searching for a new job. They are accrued during the last two months of work.
- Payments depending on the decision of the employment service (paid, if accrued, within the third month).
Senior citizen cannot be unemployed
Therefore, based on all the above information, we can state the fact that people who have reached retirement age are fired in our country in exactly the same manner and subject to the same rules as when firing workers of other age categories.
In turn, the employment service found it necessary to explain to citizens that it had no reason to refuse to help retirees in finding work, but benefits for this category of applicants would not be paid. That is, a pensioner can be registered in the employment service with a job search, but cannot be recognized as unemployed and receive appropriate assistance from the state.
Conclusion
If the employer is forced to propose the dismissal of a pensioner to reduce staff, he will be obliged to accrue payments to him in accordance with the general provisions for such employees, regardless of age. Any litigation resulting from an employee’s resentment against his former leadership will result in a complete fiasco for the plaintiff. After all, if the dismissal of staff reductions, the payment of benefits to pensioners were carried out in accordance with the law, the court will be on the side of the employer.
However, along with this, there is a special article in the Labor Code of the Russian Federation that relates to the described category of workers. She states that the onset of retirement age in no way can serve as a reason for termination of all labor relations with such an employee. Rather, on the contrary, the onset of retirement age can play into the hands of such an employee, because this article states that workers with higher labor productivity and higher professional qualifications have, accordingly, a greater right to continue their labor agreement. Therefore, the retirement age should in no case be considered an obstacle to the further professional activities of these persons and the continued functioning of labor relations. As mentioned above, the general procedure for dismissing employees extends to the category of such employees.