How to dismiss a pensioner?
Often, the employer faces a problem: how to dismiss a pensioner. This question is quite urgent and requires a competent decision, because in the Labor Code of the Russian Federation there is no article that would say that a person can be dismissed only because he has reached a certain age. In this regard, all citizens who have reached the age of 16 have equal rights.
At their own request
Many people, having reached retirement age, do not wish to continue their labor activity and want to leave as soon as possible for the holiday they deserve. In this case, the pensioner is enough to write a statement addressed to the head of the organization and notify him of his desire to leave work. In addition, you should not hesitate with the paperwork for the payment of pensions. If you do not want to lose your legal money and wish to receive cash payments from the first day of retirement, take the documents to the Pension Fund within the first 30 days from the day you quit your job.
How to properly dismiss a pensioner, if he himself does not have a desire to go on a well-deserved rest? The first good reason is the inconsistency of the health status of the position held. If the pensioner has a certificate of disability, but the partial ability to work is preserved, the organization can provide such an employee with another position that would be compatible with his health. If there is no such workplace at the organization’s disposal, then it is entitled to terminate the employment contract with the pensioner. This process is carried out in accordance with paragraph 8 of the first part of Article 77 of the Labor Code of the Russian Federation. In addition to basic payments, the employer is also obliged to make a lump sum payment in the amount of the average two-week earnings.
While reducing headquarters
If you are interested in how to dismiss a working pensioner with a general headquarters reduction, then we say that the pensioner does not have any advantages over other workers, however, as there are no reasons to put working pensioners in the first place at dismissal. Often, when retirees are reduced, in cases where the process is conducted by mutual consent, six average salary payments are due to the resigned.In the case of a reduction, if he wishes to continue his career, the pensioner may apply to the employment service, this will allow him to receive an average monthly salary for three months following his dismissal. If the employment center is unable to provide a working retiree with work within three months, then the average monthly salary will be paid during the fourth, fifth and sixth months from the date of dismissal. In this case, it is imperative to contact the employment service of the population within one month from the day of the reduction of the headquarters employee.