Reduction of retirees in the reduction of staff. Payments to retirees at reduction

In a difficult economic situation, employers use cardinal measures - staff reduction. The reasons for this phenomenon can be different. This is a reorganization, a decrease in production, a change in the type of activity. Often there is a reduction in retirees with a reduction in staff. This is done on the basis of legislation.

The concept of reduction

Reduction of staff is provided by law. The dismissal on this basis is carried out under the Labor Code of the Russian Federation. If the employer does not fulfill the conditions, this may entail the restoration of the dismissed employee. Also, he was paid for illegal actions for the entire period of forced absence. Often disputes regarding dismissal are decided through the court.

The issues of employment are regulated by the Labor Code of the Russian Federation. The main aspects are present in the following articles:

• 178 and 179 - the procedure for the implementation of the procedure, the severance payout rule;
• 261 - security guarantees;
• 296 - reduction of seasonal workers.

Privileges of pensioners

Although the dismissal of a retiree for staff reduction can be carried out, these categories of citizens still have the following privileges:

• Age discrimination of pensioners is prohibited;
• The right to work is available to all citizens of the country, including those who are exempt from labor due to age;
• In the priority remains high qualification, knowledge, experience, improvement of labor productivity;
• A pensioner has the right to an extraordinary additional rest, equal to 14 days, but without paying a salary;
• If the retiree wishes to resign on his own initiative, then he does not need to work out 2 weeks.

Discrimination by age is established when there is no agreement between the employer and the retired employee. With different options for resolving disputes, both sides must make a mutual decision. For retired workers, the same rules of law are used as for all others.

If a person is not a valuable subordinate, does not possess high qualifications and rich experience, then he falls under the dismissal along with the others. The retirement age does not exempt from such risks.

Law

The staff reduction in the Labor Code of the Russian Federation (the Labor code) is prescribed . Article 78 lists the reasons and grounds for terminating the employment agreement between the parties. But there it is not written that with the reduction in priority, the age of the employee can be set.

Federal Law No. 79 "On Civil Service" states that the age limit for civil service is 60 years, but this period can be extended to 65. Only in exceptional cases the period increases to 70 years and then by the decree of the President of the Russian Federation. Based on these documents, there is a reduction in retirees with a reduction in staff.

Guarantees for pensioners

With the reduction of staff, some retirement age employees in the future may have priority during the transfer to other available vacancies and specialties. But this rule applies to employees who have approximately the same qualifications or specialty with the same productivity.

This concerns:

• Disabled veterans;
• Disabled people and combatants.

Priority is given to pensioners with 2 or more dependents (grandchildren or children) and if a person is one working in the family. If a person in a previous job has received a professional injury or a complicated disease that can not be eliminated by transferring to other positions and staff reduction, then he is more important than other workers.

If a retiree previously had to improve his qualification, then with a reduction in staff, he will enjoy advantages over other employees because of his high qualification and productivity. The documents and contracts of the organization may indicate priorities for transfers and staff reduction.

The procedure for reducing

There is a step-by-step instruction on the reduction of staff, which is provided by law. It is used for ordinary employees and pensioners. Notice of staff reduction occurs two months before this event. The employer must send an alert about this. The RF Employment Center and the trade union are notified. If the reduction is massive, then the CP will be notified for three months.

Reduction of retirees in the reduction of staff begins with the issuance of orders by the head of the commission to form a commission. She decides which position to reduce the number of employees. It also determines which employees remain. But this stage is not considered mandatory.

In order to reduce retirees to reduce staff, an order is created, where employees are recorded posts that will be removed from the staff list. The document identifies the details of the organization, the full name of the manager, the date of termination of employment agreements and other important information.

Not later than 2 months, each employee who falls under the reduction receives a notice of staff reduction. The notification is fixed by the signature of the employee. If, for some reason, there is no way to get acquainted with this, a document stating a refusal or impossibility of obtaining information is put in the document.

Reduction of retirees, staff of employees assumes that all employees are offered other positions or vacancies, which can be moved in the future. It is important that the specialty be suitable for the qualification worker.

Payments

Payments to retirees with a reduction in staff are provided for in Article 180 of the LC RF. The amounts should correspond to the average earnings. The final day of work is paid severance pay. And within 2 months, the funds are paid for the period of employment, but with the decision of the Center, the term is extended to 3 months. Benefit in reducing staff at all different. Everything depends on the income received.

Thus, the dismissal of a retiree for staff reduction is practically unchanged compared to the reduction of ordinary employees. Exceptions apply to certain categories of citizens (disabled, combatants). To force the retiree to resign at will is not allowed, otherwise it can lead to undesirable consequences.

The severance pay depends on the average monthly salary of the employee. It is calculated according to the following standards:

• 4-7 months of unemployment - 75% of average earnings;
• 4 after the above-mentioned period - 60%;
• The next period is 45%.

Privileges

Assumptions and exceptions are valid when reducing. In many collectives there are beneficiaries, who first of all guarantee the workplace. Benefits are enjoyed by citizens who belong to socially poorly protected segments of the population, as well as to persons who have merit to the Fatherland.

The following are considered as privileged:

• Participants of military operations in the Second World War;
• Disabled veterans of the Second World War and other battles;
• Pensioners who have dependents under the age of 18;
• Employees indicated in the collective agreement as priority;
• Guardians-pensioners, who are the only ones in the family to bring income.

These citizens can stay to work even with a reduction. This category includes privileged subordinates who have been sent for advanced training. While the employee does not finish training, he can not be dismissed.

Grounds

Redundancy is reduced when:

• Reduction of staff units for a certain position;
• Complete liquidation of the post.

By law, the employer should not say the reasons that led to the reduction. But it is desirable to provide confirmation of the excess of labor.

Redundancy of staff and positions

The staff at any enterprise refers to the number of positions in the firm. Reduction is performed for reasons that do not depend on management. However, in this situation, the norms of staff reduction of the RF TC should be used. In certain situations, this procedure does not involve dismissal, but only redistribution of the number of employees.

Reduction of posts - removing them from the staffing table. A new schedule is being drawn up, in which there are no previous posts. Reduction of retirees is carried out on standard grounds.

Guarantees

The law provides guarantees for those employees who have lost income. They are given time for which to find a new job. The employer can offer to take a vacant place, if it is. If the firm has several branches, then the manager can offer work in one of them, if there is one.

Appeal to the court

After dismissal for reduction, which is documented, an employee may file a suit within a month in court to appeal the decision. It should be borne in mind that the court does not always return the plaintiff to the position held.

The court sometimes rejects the claim, if the former employee is not included in the category with security guarantees, and the reduction procedure is carried out legally. The wording of the dismissal record, which is entered in the work record book, can be changed. The court provides payments to employees in the amount of the average income.

The employer must provide proof of the lawfulness of the termination of the contract:

• Old and new schedule in the form of T-3;
• Personal files of candidates;
• Written refusal of a person dismissed from the transition to a new position.

Reduction of workers, including pensioners, must be carried out according to the norms of the law. If any actions contradict them, then it is possible to solve the case in court. This right is provided for by law.