Dismissal of a retired state for redundancy: benefits, allowances

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 simply have to resort to extreme measures for the preservation of enterprises, their normal functioning and maintenance of an efficient state.

One of the main and perhaps even top priority in such cases is the reduction in staff. This event, unpopular among ordinary citizens, nevertheless is absolutely reasoned and lawful in nature and contributes to a reduction in the amount of money spent by the enterprise. And necessarily for dismissal in the context of cuts, the first to fall are workers who can already be on a well-deserved vacation.

Of course, the reduction of the retired employee seems unpleasant to the last, and, it seems to him, unfair, and even to some extent illegal. But anyway, employers often have to take such measures. Therefore, we will consider further in the article how the retiree is being dismissed for staff reduction. Payments due to such persons will also not be bypassed by our attention.

The legislative framework

Dismissals to reduce the staff of pensioners, payments that are made by the dismissed are regulated by the labor legislation of the Russian Federation. The most important document, in which all the rights and duties of employees and employers are registered, is the Labor Code of the Russian Federation. And it says in black and white that the age factor can in no way serve as a basis for the dismissal of an employee. The reason for termination of the employment contract can not be the condition for the employee to reach a specific age.

However, in another article prescribed in the Code mentioned above, it is said 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. Thus, age restrictions for the continuation of the labor activity of citizens are prescribed in other Federal Laws of the Russian Federation, specifically for civil servants and persons occupying certain posts. Therefore, the dismissal of a retiree to reduce the staff, the payments that are accrued to him in this case are absolutely identical to the procedure for dissolving the employment contract with citizens of other ages.

Mandatory advance notice of reduction

So, as it turned out above, the dismissal of pensioners with a reduction in staff is carried out according to the rules applied to all employees. The employer must inform his employee, who has already reached the retiree's age, of 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 reported personally to a particular person, who is concerned with the current situation. And the worker falling under the reduction is obliged to fix his awareness about it in writing. To comply with this rule, an employee who falls under the reduction of staff, must write a receipt.

If there is an opportunity 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 the enterprise. Also, the employer should not overlook the newly formed vacant posts, which were released after the notification procedure for the employee preparing to be dismissed. These vacancies should also be provided to him for consideration as options for further employment.

Early retirement of the pensioner in the conditions of staff reduction

Backed by the same legal act, the employer, warning the employee of his decision to terminate all possible labor relations with him, may make a warning to this employee for an early termination of employment. Naturally, for the employer to exercise this right, on his part, in relation to the dismissed employee, all the prescribed guarantees prescribed in the Labor Code of the Russian Federation must be observed.

To carry out this simple event, all the necessary conditions provided by the current legislation of our state must also be observed. It is understood that the employer is obligated to act as the initiator of the early termination of the labor agreement and all the labor relations accompanying this agreement, and not the employee who fell under the staff reduction. The employee, in turn, is obliged to express in writing his consent to this fact in the current situation.

In a situation where the end of the warning period has not yet come, but the employee has already found himself a new workplace, he is obliged to inform in writing his acting bosses about the intention to terminate the employment agreement. If all of the above conditions are met, the employer has the full right to early termination of all labor relations with this employee.

With early retirement, the pensioner is not obliged to work out

The contracted employee does not have an obligation to his employer in the work required for other dismissal options. The period of compulsory testing before the reduction, which, as a rule, is two weeks for a person who has fulfilled all the conditions of the employment contract, according to the current legislation of our country, is automatically canceled.

What kind of payments are made to retirees in case of staff reduction?

The labor legislation of the Russian Federation protects the interests of both employers and their employees. Therefore, if the employer carries out the dismissal of the retiree for staff reduction, he must also pay compensation as compensation. The rules that the employer must obey in the process of calculating the said cash allowance are also prescribed in the labor legislation.

Specifically, the compensation for the retired redundant must be equal to the size of his average salary. It is calculated in proportion to the amount of time that remains before the end of the warning period. It is a mistake to think that with the reduction of staff, retired pensioners are paid only severance pay. Also, the RF LC provides for other payments that are made to such an employee.

What other payments can a pensioner expect?

Such employee is charged with the following types of cash accruals:

1. Severance pay. It is paid on the last working day.
2. Payments during the period of searching for a new job. They are accrued during the last two months of work.
3. Payments depending on the decision taken by the employment service (paid, if accrued, within the third month).

A pensioner can not be unemployed

Therefore, proceeding from all the above information, we can state that the people who have reached the retirement age in our country are dismissed in exactly the same order and with the same rules as when dismissing workers of other age categories.

In turn, the employment service of the population found it necessary to explain to citizens that it does not have any reasons to refuse to help the pensioners find work, but there will be no payment of benefits of this category of applicants. That is, a pensioner can stand in the employment service for registration in job search, but can not be recognized as unemployed and receive appropriate assistance from the state.

Conclusion

с общими положениями для таких сотрудников, невзирая на возраст. If the employer is forced to offer the redundancy of the retiree to reduce the staff, he will be obliged to pay the payment in accordance with the general provisions for such employees, regardless of age. Any litigation that resulted from the employee's insult to his former leadership will end in complete failure for the plaintiff. After all, if the dismissal for staff reduction, 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, which relates to the described category of workers. It states that the retirement age can not in any way serve as a reason for ending all labor relations with such an employee. Rather, the onset of retirement age can play into the hands of such an employee, because this article indicates that workers with higher labor productivity and higher professional qualifications, respectively, have a greater right to continue the operation of their labor agreement. Therefore, the retirement age in any case should not be considered an obstacle to the further professional activities of these individuals and the continuation of the functioning of labor relations. The general order of dismissal of employees is extended to the category of such employees, as already mentioned above.