Compliance with the labor code and the retirement of a pensioner

A large number of people in Russia continue towork, 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, should or notsuch an employee 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 unambiguous answer to this question, and therefore there are controversial points. In Art. 80 it is written that if there is a retirement of a pensioner 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 then came to anotherwork, and after a time decided to leave, the reason, stated in a statement, will be on their own, and, therefore, to warn the chief of this is necessary, as all in two weeks. This suggests that the dismissal of pensioners without working off is possible only once after their retirement. 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. Hence, if conflicts arise on the issue, it is possible to solve the matter peacefully, just retired, in addition to the application for dismissal, to write and apply 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 bosses believe that achievinga certain age is already an excuse for retiring pensioners. But it can be done only 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 peopleold age 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 was originally signed open-ended contract with the employee, and translate it into an urgent want after they reach retirement age, then perhaps this is only from the consent of the employee. In another case, for example, in the employment of this age to work, it is possible to conclude with it initially fixed-term contract.

Some employers suggest movingserving 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 notto contradict the legislation. In some cases, experienced employees can give young people a head start, so do not say good-bye to good employees only on the basis of their reaching a certain age.