In a difficult economic situation, employers use drastic measures - reduction of employees. The reasons for this phenomenon may be different. This is a reorganization, a decrease in production, a change in the type of activity. Often there is a reduction in retirees while reducing staff. This is carried out on the basis of legal norms.
Reduction concept
Staff reductions are required by law. Dismissal on this basis is carried out according to the Labor Code of the Russian Federation. If the employer does not fulfill the conditions, this may lead to the restoration of the dismissed employee. He is also entitled to payments for illegal actions for the entire time of a forced absence. Often disputes regarding dismissal are resolved through the courts.
Employment issues are regulated by the Labor Code of the Russian Federation. The main aspects are present in the following articles:
- 178 and 179 - the procedure for performing the procedure, the rules on severance pay;
- 261 - security guarantees;
- 296 - reduction of seasonal workers.
Benefits of Retirees
Although the dismissal of a pensioner to reduce staff can be carried out, still these categories of citizens have the following privileges:
- age discrimination of retirees is prohibited;
- all citizens of the country have the right to work, including those who are exempted from work due to age;
- high priority remains high qualification, knowledge, experience, improvement of labor productivity;
- the pensioner has the right to extraordinary extra rest equal to 14 days, but without paying salary;
- if a pensioner wants to quit on his own initiative, then he does not need to work 2 weeks.
Age discrimination is established when there is no agreement between the employer and the retired employee. With various options for resolving disputes, both parties need to make a mutual decision. For retired workers, the same legal norms are used as for all others.
If a person is not a valuable subordinate, does not have high qualifications and rich experience, then he falls under dismissal along with the rest. Retirement age does not exempt from such risks.
Law
The staff reduction is registered in the Labor Code of the Russian Federation (Labor Code). Article 78 indicates the reasons and grounds for terminating the employment agreement between the parties. But it does not say that, when reduced, priority may be given to the age of the employee.
Federal Law No. 79 “On Civil Service” states that the age limit for civil service is 60 years, but this period can be extended to 65. Only in exceptional cases does the period increase to 70 years, and then by decree of the President of the Russian Federation. On the basis of these documents, retirees are to be reduced while staffing is reduced.
Guarantees for pensioners
When staffing is reduced, some retirement age employees may have priority in the future when transferring to other available vacancies and specialties. But this rule applies to workers who have approximately the same qualifications or specialties with the same productivity.
It concerns:
- disabled WWII;
- disabled people and combatants.
Priority is given to pensioners with 2 or more dependents (grandchildren or children) and if the person is one working in the family. If a person at a previous job received a professional injury or a complex disease that cannot be eliminated by transferring to other posts and staff reductions, then he is more priority than other workers.
If a retiree had to upgrade his qualifications before, while reducing staff, he will enjoy advantages over other employees due to his high qualifications and labor productivity. The documents and contracts of the organization may indicate priorities regarding transfers and staff reductions.
Reduction procedure
There is a step-by-step instruction on staff reduction, which is prescribed by law. It is used for ordinary employees and senior citizens. A notice of downsizing occurs two months before this event. The employer must send a notification about this. The Employment Center of the Russian Federation and the trade union are notified. If the reduction is massive, then the employment center is notified for three months.
The reduction of pensioners during the reduction of staff begins with the publication by the head of the order on the formation of the commission. She decides on what position to reduce the number of employees. It is also determined which employees remain. But this step is not considered mandatory.
In order for the reduction of pensioners to reduce staff, an order is created where employees are fixed for posts that will be removed from the staffing table. The document indicates the details of the organization, name of the head, date of termination of labor agreements and other important information.
Not later than 2 months, each employee who is subject to a layoff receives a notice of layoffs. The notification is fixed by the signature of the employee. If for some reason it is not possible to familiarize yourself with this, a mark is put in the document confirming the refusal or impossibility of obtaining information.
The reduction of retirees, the staff suggests that all employees are offered other positions or vacancies, which can be transferred in the future. It is important that the profession is suitable for the qualification employee.
Payouts
Payments to retirees upon reduction of staff are provided for in Article 180 of the Labor Code of the Russian Federation. Amounts should correspond to average earnings. On the last day of work, severance pay is paid. And within 2 months, funds are paid for the period of employment, but with the decision of the employment center, the period is extended to 3 months. The allowance for downsizing is different for everyone. It all depends on the income received.
Thus, the dismissal of a pensioner to reduce staff is practically no different from the reduction of regular workers. Exceptions apply to certain categories of citizens (people with disabilities, combatants). No one should force a pensioner to resign at will, otherwise it can lead to undesirable consequences.
The severance pay depends on the average monthly earnings of the employee. It is calculated according to the following standards:
- 4-7 months of unemployment - 75% of average earnings;
- 4 after the above indicated period - 60%;
- the subsequent period is 45%.
Privileges
With a reduction, assumptions and exceptions apply. In many collectives there are beneficiaries who are primarily guaranteed a workplace. The advantages are enjoyed by citizens who belong to socially poorly protected layers of the population, as well as to persons who have merit to the Fatherland.
Beneficiaries include:
- combatants in the Second World War;
- disabled WWII and other fights;
- retirees who have dependents under 18 years of age;
- employees indicated in the collective agreement as priority;
- retirement guardians who are the only ones in the family who generate income.
These citizens may remain employed even with a reduction. This category includes privileged subordinates who were sent for further training. Until an employee completes training, he must not be fired.
Grounds
Dismissal for reduction is carried out with:
- reduction of staff in a certain position;
- complete liquidation of the post.
By law, the employer must not say the reasons for the reduction. But it is advisable to provide evidence of an excess of labor.
Reduction of staff and position
The state at any enterprise is the number of posts in the company. Reduction is performed for reasons that are independent of management. But nevertheless, in this situation, the reduction standards of the RF Labor Code should be used. In some situations, this procedure does not imply dismissal, but only a redistribution of the number of employees.
Reduction of posts - removal of them from the staff list. A new schedule is being drawn up, in which there are no previous posts. Retirement reduction is carried out on a standard basis.
Guarantees
The law provides guarantees for those employees who have lost income. They are given time to find a new job. The employer may offer to take a vacant seat, if any. If the company has several branches, then the manager can offer work in one of them, if any.
Going to court
After the dismissal of the reduction, which is documented, the employee can file a lawsuit within a month with the court to appeal the decision. It should be borne in mind that the court does not always return the plaintiff to his post.
The court sometimes rejects a claim if the former employee is not included in the category with security guarantees, and the reduction procedure is carried out legally. The wording of the dismissal record, which is entered in the work book, may be changed. The court provides benefits to employees in the amount of average income.
The employer must provide confirmation of the legality of termination of the contract:
- old and new schedule in the form of T-3;
- personal files of candidates;
- written refusal of the dismissed from the transition to a new position.
Reduction of employees, including pensioners, must be carried out in accordance with the law. If any actions contradict them, then you can decide the case in court. Such a right is provided by law.