To fire a pensioner or not - sooner or later such a question may arise before any employer. And not everyone knows how to do this correctly from the point of view of legislation. Although the Labor Code quite clearly explains the scheme for such a reduction.
Instructions
Step 1
Remember that legal retirement age is not a reason for dismissal. Therefore, the same rules should be applied to an older worker as to any other. Accordingly, he can be dismissed if the staff is reduced on a general basis. Moreover, in this case, you need to notify the employee about dismissal 2 months in advance.
Step 2
However, if his knowledge and experience are of particular value for the development of the company in the future, it is recommended to leave the pensioner, offering him other vacant positions. If the pensioner himself wants to go on a well-deserved rest, he has the right to refuse your offer. And he is obliged to do this only in writing. After all, it is such a paper that will serve as the basis for his legal dismissal.
Step 3
The same applies to the voluntary dismissal of an employee of retirement age. After he submits the relevant application, the employer is obliged to calculate it after 2 weeks.
Step 4
It is possible to apply a method such as incentive dismissal to dismiss a retired employee. In this case, the employment contract stipulates the age and the period by which the employee must leave his workplace. In exchange for this, he will receive an increased severance pay.
Step 5
You can also legally dismiss a pensioner if he ceased to fulfill his job duties, began to violate social norms of behavior at work, etc. You can shorten it in accordance with Article 81 of the Labor Code of the Russian Federation "Termination of an employment contract at the initiative of the employer." It is in it that there is a mention of unscrupulous workers and the measures of influence on them.
