The term “working pensioner” is not uncommon lately. The financial crisis is pushing officially retired Russians to continue working. Moreover, the employer has no legal basis to dismiss an elderly employee due to his advanced years. If an employee regularly performs his duties and has the necessary qualifications, then his dismissal on the initiative of the employer is discrimination! In such cases, employers resort to layoffs.
Pension is not a reason for dismissal
Important! According to Art. 64 of the Labor Code, age cannot be a reason for reduction.
No matter how much the employer wants to "part" with the employee of retirement age and free up the workplace for young and more promising personnel, the law strictly prohibits this. You can agree and ask the pensioner to write a statement "on his own". But, if the employee flatly refuses to leave the position and is determined to defend his rights in court, then the employer has practically no chance here.
In no case should the age of the employee be indicated as a reason for dismissal, or the fact that he is a retired person and receives a pension should not be referred to. This is a gross violation of the law, which is regarded as discrimination.
How do you come to an agreement?
First, try to negotiate with an employee. After all, an agreement between the parties is the most convenient way to part with a pensioner, who, according to the law, has nothing to dismiss. Approach this issue delicately. Explain as tactfully as possible that the business is looking for young people and offer financial support to the employee. If the conversation ends without mutual resentment, then, probably, from the position of wise years, the employee will not fight for the position and will decide to retire.
Reduction of pensioner
A retired employee is subject to the same legal provisions of the Labor Code as for other citizens. Thus, layoff is one of the ways to fire a pensioner at the initiative of the employer. To do this, he carries out the procedure for the liquidation of the position held by the pensioner, based on the rules established by the Labor Code. At the same time, the employer is obliged to inform the labor exchange about the upcoming changes and notify employees that changes are coming in the organization's staff.
In case of redundancy, the company is obliged to offer the retired employee an alternative position that corresponds to his physical capabilities and qualifications. In addition, a retiree is entitled to the same benefits as other categories of employees, including severance pay.
Categories of retirees who are prohibited to lay off
Some people have the right to leave their previous position, even if the number of staff is minimized. This includes socially unprotected segments of the population, namely, pensioners who:
- provide for dependents under the age of 18;
- took part in battles during the Second World War or were injured in wartime, which led to disability;
- have been injured in the course of work, but may still continue to perform their functions;
- are guardians of children under 18 years of age and at the same time are the only employed in the family;
- are part of a privileged group under a collective bargaining agreement.
