Dismissal to reduce the state of the pensioner

In front of many employers there is a difficult dilemma - to preserve the workplace experienced and sometimes an indispensable pension officer or to take a young, ambitious and more active worker instead. If the decision is made in favor of the latter, then a new problem comes to the head: how to dismiss a pensioner, for example, to reduce the state ...

First of all, it is worth noting that not a single provision is provided by the Labor Code, based on which a pensioner could only be dismissed on the fact of its status or old age. Therefore, employers have to use different schemes. When reducing the state, the dismissal of the pensioner should occur under general conditions.

If the pension officer brings or takes a child under the age of three years or a disabled child under the age of 18, as well as if an employee of a retirement age is alone, it is impossible to reduce it on general reasons. In addition, it is impossible to dismiss to reduce the pensioner, which is in legal leave or hospital.

About the early termination of labor relations due to staff reduction should be warned by an employee in advance - two months before the procedure itself in writing. At the same time, if the head of the company has a suitable position in the company (even downstream), he must offer a transition to this workplace. Only after the pensioner refuses the proposed vacancy, labor relations with it can be terminated due to the reduction of the state.

An employee who fell under the reduction should be paid output benefits. It is equal to the average monthly salary. Also, the former employee is guaranteed to preserve the average monthly earnings for a period of no more than two months from the moment of reduction. However, this term can be extended to three months if there is a corresponding decision of the employment service.

Pension age is not a reason to reduce priority. And according to Article 179 of the Labor Code of the Russian Federation, high qualifications and productivity of labor, which is inherent in experienced retirement age staff, can often be even an advantage of an employee with a staff reduction in production.