Can an employee be made to retire from work? Ask the expert
How to dismiss a pensioner by law
Remember that retirement age is not a reason for dismissal by law. Therefore, it is necessary for the older worker to apply the same rules as for any other. Accordingly, it can be dismissed when reducing staff on a general basis. And about the dismissal in this case, you need to warn the employee for 2 months.
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 by offering him other vacant positions. If the retiree 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 this paper that will serve as the basis for his lawful dismissal.
The same applies to the voluntary dismissal of employees of retirement age. After filing them the appropriate application, the employer is obliged to calculate it after 2 weeks.
It is possible for the dismissal of a retired employee to apply such a method as a stimulating dismissal. In this case, the labor contract specifies the age and the period until which the employee must leave his workplace. In exchange, he will receive increased severance pay.
You can also legally dismiss a pensioner even if he has ceased to fulfill his official duties, has begun to violate social norms of behavior at work, etc. You can reduce it under art. 81 of the Labor Code of the Russian Federation “Termination of an employment contract initiated by the employer”. It is in it that there is mention of unscrupulous workers and measures to influence them.
The only difference between the dismissal of a pensioner and a fairly young employee is that the pensioner, after the reduction, is not supposed to receive unemployment benefits. After all, he already receives one social payment - a pension.
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