LawRegulatory Compliance

Compliance with the labor code and the retirement of a pensioner

A large number of people in Russia continue to work, reaching retirement age. The reasons for this are different for everyone. Some are experiencing financial difficulties, since the amount of benefits is often small, while others simply do not want to stay at home. Working pensioners can be found not only in state institutions, but also in private organizations. Such a process as dismissal of a pensioner, trying not to contradict the labor code, can cause difficulties for the employer, since there are some nuances in the law that need to be known.

For example, often there is a dispute whether or not such an employee needs to warn in advance about his intention to leave work, and if he did not tell the head in advance about his dismissal, should there be a working-off equal to two weeks. In the TC, there is no single answer to this question, and therefore there are controversial points. In Art. 80 it is written that if there is a retirement due to retirement, the employer must dismiss him on the day that is written in the application. That is, to detain and force to work out the necessary time for a person who decided to leave work for retirement, the boss can not. It should be noted that such a benefit can be used only once so that it has been documented, that is, written down in the workbook.

If the pensioner after that came to another job, and after a while decided to quit, the reason stated in the application will be at his own will, and accordingly, to warn the boss about this is necessary, like everyone, for two weeks. This suggests that the dismissal of pensioners without working off is possible only once after they retire. However, the TC also stipulates that such an employee has the right to an unpaid two-week vacation, which the chief is obligated to provide to him at any time. Therefore, if there are conflicts on this issue, then it is possible to resolve the matter peacefully, simply a retiree, in addition to the application for dismissal, must also write an application for unpaid leave. This will allow the employer to gain the necessary time to find a new employee, while the pensioner may not go to work, and he will not have to pay for these days.

Many chiefs believe that the attainment of a certain age is already an occasion for retiring pensioners. But this can only be done at the request of the worker himself, and it is impossible to forcefully leave him for a well-deserved rest. This contradicts the legislation, and accordingly, a working pensioner can file an application with the court, which, most likely, will take his side.

Another not very pleasant moment for the elderly is their transfer to a fixed-term employment contract. I must say that in some cases this can be illegal, as well as dismissal of a pensioner. If an unlimited contract with an employee was originally concluded, and it is necessary to transfer it to an urgent one after reaching the retirement age, then it is possible only with the consent of the employee himself. In another case, for example, when an employee of this age is admitted to work, it is quite possible to conclude an initial contract with him.

Some employers propose to transfer such an employee to another position, sometimes less paid. If the employee himself does not agree with this, he has every right to refuse. It must be remembered that all procedures related to the transfer must occur only with the consent of the employee himself.

So, the dismissal of a pensioner should not contradict the legislation. In some cases, experienced employees can give a head start to young people, so do not say good-bye to good employees only on the basis of reaching a certain age.

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