A retired employee these days cannot always afford a well-deserved rest. He is forced to work using his skills and knowledge. It is not always beneficial for the employer. A person of advanced years, as a rule, is more often ill, gets tired more quickly, in general, one cannot count on him as a full-fledged executor of official duties.
Typical situation
If we are not talking about the owner of a unique qualification, hints begin from the direction of the leadership, the meaning of which is that it is time to have the honor to know and to give way to youth. Labor legislation does not allow the employee to be removed from office at the discretion of the director or owner of the enterprise. But other targeted actions are possible, which are useful for all potential victims of retirement.
What are the legal provisions
Age discrimination is prohibited by law in the Russian Federation. Supervisors trying to exert pressure on an employee can be advised to read the Labor Code of the Russian Federation, paying particular attention to article 3. It says that you cannot dismiss him without the consent of a pensioner. Other sections of this legal act also point to this (Articles 77-78 and 80-81).
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There are two more federal laws 400-ФЗ and 173-ФЗ, which are useful for every working pensioner to familiarize with.
Thus, the head will be forced to agree in an amicable way. Otherwise, he faces a trial that does not bode well.
If a retired employee agrees to dismiss voluntarily, he is entitled to compensation for unused vacation, in accordance with article 127 of the Labor Code of the Russian Federation.
Of course, informal methods of influence cannot be ruled out with the aim of forcing to “voluntarily” dismiss an objectionable pensioner. In the event of a clear and cynical violation of rights, the case may also be considered in court.
However, there are other methods of dismissing pensioners, implying the legality of the administration.
General Provisions
From the point of view of the law, a young specialist and a working pensioner have equal rights. If general provisions are applied to an older employee, his dismissal is possible. In other words, age does not provide privileges, with the exception of the fact that when considering labor conflicts, the sympathy of the court is almost always on the side of a pensioner. The reasons for this lie in the plane of human sympathy. However, if there are good reasons, the decision will be made in favor of the employer. The priority of legality is the main principle of any court.
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For example, the dismissal of a pensioner can be justified if they prove a violation of the terms of the employment contract.
There are three other ways:
- mutual agreement of the employer and employee;
- employer initiative;
- contraction.
We consider them in detail separately.
Agreement of the parties
Usually the situation develops as follows: the chief calls an elderly employee into his office and says something to him in the spirit: “Listen, Petrovich, do you yourself understand that you are not pulling the procurement department? It’s hard for you, I understand, age … Let's get into the storekeepers, huh? The salary is lower there, but I’ll finish it with a premium. Or write a statement. On their own". And so on.
In this situation, there is psychological pressure and an attempt to manipulate. Firstly, the indicated Petrovich is instilled with a feeling of guilt for the fact that he, with his perseverance, impedes the entire enterprise. Secondly, the leader “forgets” to tell him that in the absence of his own desire, he will not be able to do anything.
There is a third option - dismissal by agreement of the parties. This order is most in the interests of the pensioner, who understands that he will be "squeezed out" of work anyway.
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Staff reduction
This is a legal way to dismiss any employee without his consent, including a pensioner (Article 77 of the Labor Code of the Russian Federation). The manager can act in the following ways:
- Do not conclude or extend the labor agreement after the expiration of the valid TD.
- Notify the employee of the dismissal two months before the planned layoff.
In this case, the employer must:
- To issue dismissal by order.
- Make a full calculation on the date of issue of the work book, including all payments due under labor law.
The severance pay in case of dismissal to reduce is equal to the sum of the average monthly salary.
