Compliance With The Labor Code And Dismissal Of A Pensioner

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Compliance With The Labor Code And Dismissal Of A Pensioner
Compliance With The Labor Code And Dismissal Of A Pensioner

Video: Compliance With The Labor Code And Dismissal Of A Pensioner

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When a pensioner is dismissed from work, the employer is obliged to comply with the labor code, which sets out the general rules. They mainly relate to the reasons for the dismissal of an elderly employee and the process itself.

Compliance with the labor code and dismissal of a pensioner
Compliance with the labor code and dismissal of a pensioner

Reasons for dismissing a pensioner

A person who has reached retirement age can only be dismissed on the general grounds, which are provided for in the Labor Code of the Russian Federation, article 77. This means that a woman or a man cannot be fired just because one of them has become a pensioner. If the boss violates this law, he will bear full responsibility for non-compliance with the Labor Code of the Russian Federation.

This article of the Labor Code spelled out 11 conditions for dismissal. At the end, a clause is made that the employment contract can be terminated for other reasons. However, nowhere is it spelled out that old age can be a reason for dismissing a person. It often happens that such an employee himself asks to fire himself for this reason. How to be in this case?

The process of dismissing a pensioner

The Labor Code of the Russian Federation provides that an entry must be made in the work book that corresponds to the wording prescribed in it. Since it does not include a clause based on dismissal due to age, this reason should be re-qualified as dismissal of one's own free will. However, the Labor Code says that the employee must give two weeks' notice of his dismissal. You can learn about this from the first part of the 80th article. Despite this, in the third part of the same article, a clause is made: if a pensioner resigns, the employer is obliged to terminate the contract with him within the period specified by him. It turns out that the boss has no right to force a pensioner to work for some time.

However, there is one important point: an elderly person can use the above-mentioned right only once. Of course, it must be documented. If a pensioner, after having officially quit, got another job, and then decided to quit it, then this time he will have to work out the allotted two weeks. It should be borne in mind that the Labor Code secures for such an employee the right to use unpaid leave at any time of the year for a period of two weeks. This implies that the problem can be solved in the following way: in addition to the letter of resignation, the pensioner needs to write a letter of leave, which will allow the employer to gain time in which he can find a new employee.

It can be seen that the Labor Code of the Russian Federation takes into account the state of the employee in connection with retirement and regulates some situations. The employer must remember that non-compliance with the Labor Code carries administrative, criminal, civil or disciplinary responsibility.

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