In the State Duma, there are constant heated debates about increasing the age for retirement. Supporters of such measures motivate their decision by the fact that pensioners continue to actively work in their organizations. And not every employer will raise a hand to fire a specialist who has worked in one place for several decades, especially since many specialists can really be irreplaceable.
Instructions
Step 1
Please note: There is no provision in the Labor Code according to which an employee who has reached retirement age would be subject to dismissal. Therefore, use the usual schemes when dismissing a pensioner.
Step 2
Apply for a layoff if a retired employee wrote a statement in your name. After 2 weeks from the date of signing the application, the pensioner can be considered dismissed of his own free will in connection with retirement, which will be noted in his work book. All payments related to dismissal are retained. Warn him that he must submit documents for the recalculation of payments to the Pension Fund no later than a month after the dismissal.
Step 3
Call a pensioner and offer to leave amicably, by agreement of the parties. Offer him financial compensation for dismissal (for example, formalizing it as a seniority bonus) or other types of incentives. If you do not properly issue compensation, then the court may regard it as a bribe.
Step 4
If your organization is liquidated, then the dismissal of the pensioner takes place on a common basis with other employees.
Step 5
Be sure to notify the retired worker at least 2 months in advance of future layoffs. Lonely pensioners raising a child under the age of three or a disabled minor child cannot be made redundant.
Step 6
If you sent an employee on unpaid leave, then you can subsequently dismiss him only after receiving his letter of resignation by mail. In this case, you will have to pay him all the money owed to him that was not received for the vacation.
Step 7
You have the right to fire a pensioner for health reasons if he has received (or already has) disabled status. But before that, you will have to offer him other, less hard work. If there is no such job in your organization, notify him of this in writing. In the event that your clerk employee has become disabled as a result of an accident at work, then you can fire him only at his request or, if the company is undergoing a layoff, last of all.
