Home / Dismissal and layoffs / We analyze payments upon dismissal of a pensioner due to redundancy

Sometimes the fight against a crisis forces employers to resort to very unpopular measures, one of which is reducing the number of employees. In this case, the first to be hit are those of retirement age. As a rule, it is from them that the “cleaning” of the rows begins. How does the procedure work? What compensation should be paid to a laid-off pensioner?

Rights and guarantees of older workers

Article 21 of the Labor Code of the Russian Federation states that all workers, including pensioners, have the following general rights:

• Conclude, change or terminate an employment agreement with an employer;
• Carry out the types of work that were originally agreed upon;
• Work under normal conditions;
• Receive your salary on time and in full, as well as various compensations;
• Relax on holidays and weekends;
• Take advanced training courses, etc.

In addition, employees can count on receiving an old-age pension . Men acquire this right at 60 years of age, and women at 55 years of age. This is written in Articles 4 and 7 of the Law of the Russian Federation “On Labor Pensions in the Russian Federation”.

An employer does not have the right to fire primarily working pensioners, since such actions may be considered age discrimination. The legislation has a direct rule according to which everyone has the same opportunities to realize their interests in the field of employment (regardless of gender, origin, financial status, etc.).

Payments upon dismissal

On the last day of work, a citizen of retirement age receives not only the main list of documents, but also a full payment, namely:

• Payment for the period worked.
• Vacation pay.
• Payments within two months after dismissal. Compensation can also be assigned for the third month if the relevant decision is made by the Employment Center. An important condition for continued payments is that the pensioner registered 2 weeks after dismissal and has not yet been employed in a new job.

After a decision has been made by the Employment Center to extend payments, the pensioner transfers the information to the employer, who, for his part, can apply to the judicial authorities to cancel this benefit.
However, the court does not always make a decision in favor of the working pensioner. It is important to know! Pension in Germany

The only group of pensioners who can qualify for one more month of payments are the disabled.

Personal income tax is not withheld from these payments.

Not all managers conscientiously fulfill their obligations to dismissed persons. In the absence of the above payments, the elderly person has the right to send a claim to the manager. The form should indicate the main requirements on the part of the injured person and the future consequences that the manager may face if these requirements are not met.

If the letter has not received due attention, the pensioner has the right to go to court, where it is necessary to provide a statement of claim and a copy of the above claim.

Most working pensioners, faced with a similar situation, are unaware of their own rights. Consequently, many employers use illegal methods when firing older people. To avoid getting into trouble, pensioners should be aware of their rights when downsizing, which you can read about in detail in our article.

The procedure for dismissal at the initiative of the employer

A complete list of situations when management can initiate termination of an employment contract is presented in Art. 81 Labor Code of the Russian Federation. One such case is staff reduction. It should be remembered that dismissal must be carried out in accordance with labor legislation. The general plan of action is as follows.

Step 1 – the employer must notify the following about the upcoming layoff:

• The employee(s) whose position will be eliminated;
• Trade Union;
• Employment service.

This is done in writing 2 months before dismissal. If we are talking about the departure of a large number of people, then the last two authorities are notified 3 months before this event. The notification that the employee receives additionally indicates a list of vacancies that he can fill.

General information about the reduction of pensioners during staff reductions is described in this article.

Step 2 - if the pensioner refuses to be transferred to another place, then an order to terminate the employment relationship is drawn up. The person being dismissed must be familiarized with this document upon signature.

Step 3 - HR department employees record the dismissal in their personal card (Form No. T-2). This is done on the basis of an order.

Step 4 – drawing up a calculation note (form No. T-61), which includes the following information:

• Information about the employee (front side);
• The amount due for payment (back side).

Step 5 – on the last working day:

1. All payments are made when a pensioner is laid off, as established by law.
2. An entry is made in the work book, and it is also issued.
3. The former employee is given other documents (a certificate of earnings for the last 2 years, information that was sent to the Pension Fund of the Russian Federation, form 2-NDFL, etc.).

Staff reductions must be made taking into account the level of productivity and qualifications of workers (Article 179 of the Labor Code of the Russian Federation). Thus, it is easy to assume that working pensioners have a preferential right to retain their jobs, since they have more experience and skills.

Elderly rights

Upon dismissal due to reduction, the pensioner has the following rights:

1. Registration with the Employment Center.
2. One-time payments on the last working day (wages for the period worked, compensation for vacation).
3. Payment of unemployment benefits for two months.

Sometimes payments are made in the third month. This decision is made by the Employment Center.

1. Job preservation - in practice, this point is practically not implemented, since pensioners are the most dismissed category at the enterprise.
2. Notifying the employee about the layoff 2 months before the actual dismissal.
3. The pensioner must give written consent to dismissal. Otherwise, the employer commits illegal actions.
4. File a lawsuit in case of illegal actions on the part of management.
5. The right to a reduced working week of 4 hours to find a new job.
6. The right to a lump sum payment instead of working for two months. The amount is calculated based on the time remaining until the end of the notice period.
7. The right to leave - a citizen is deprived of compensation payments when using leave. At the same time, a pensioner who is on vacation after being notified of a layoff has the right to apply for new vacancies. Consequently, management is obliged to offer the pensioner a new position upon returning from leave.

It is important to know! Preparation for the Unified State Exam in Social Studies in St. Petersburg

What compensation is required by law?

On the last working day of a person who has been laid off, a full payment must be made to him. Thus, the Labor Code of the Russian Federation provides for the following types of payments when a pensioner, as well as any other category of employees, is laid off:

• Remuneration for time worked;
• Compensation for vacation not taken (if any);
• Severance pay;
• Average monthly salary for the period of searching for a new job (no more than 2 months).

In addition, in some cases the employer must provide additional compensation. These include:

1. Providing average monthly earnings for the 3rd month that has passed since the date of layoff (Part 2 of Article 178 of the Labor Code of the Russian Federation) - this decision is made by the Central Labor Code of the Russian Federation in the event that the pensioner was not employed within the first 2 weeks after dismissal (provided that he turned to this authority for help).
2. Payment related to early termination of an employment contract (Part 3 of Article 180 of the Labor Code of the Russian Federation) - this amount corresponds to average earnings, calculated in proportion to the time remaining before the official date of staff reduction.

If you are interested in the issue of calculating redundancy payments, we recommend that you familiarize yourself with this material.

Severance pay

As noted earlier, such a payment refers to the general list of amounts that the employer must necessarily give to a pensioner who is dismissed from the enterprise. The benefit amount corresponds to the employee's average monthly earnings . This is written in Art. 178 Labor Code of the Russian Federation.

In some cases, this compensation can be reduced to the average salary for 2 weeks. Such situations include termination of an employment agreement due to:

• The employee’s refusal to move to another place assigned to him for medical reasons, or due to the absence of such a position in the organization;
• Joining the army;
• Restoring the employee to another workplace that he previously occupied;
• Refusal to transfer to another region together with the employer;
• Recognition of a person as disabled for health reasons;
• By changing certain terms of the employment contract that were initially discussed (if the worker was not satisfied with them).

The process of dismissal due to reduction

Legal dismissal of staff is made for one of the following reasons:

• reorganization of the company;
• change in the scope of activity;
• reduction in production processes, which leads to the liquidation of the company.

The procedure for dismissal of working pensioners due to layoff has several mandatory stages, namely:

1. A printout of the order indicating all positions that need to be excluded. The order specifies the date of termination of the employment relationship.
2. Providing an order to the pensioner two months before the actual date of dismissal. Familiarization with the document is carried out against a signature. If an elderly person refuses to sign a document, then a special mark is indicated on the order in the presence of two people.

The employer has the right to offer the pensioner early termination of work if the pensioner finds a new vacancy at an earlier date.

1. The employer offers other vacancies for retirees.
2. Notification of the Employment Center about staff reduction (two months in advance).
3. On the last day of work, the manager is obliged to make the required payments to the elderly person, as well as issue a work book, a copy of the order and other documentation related to the work activity of the pensioner.

It is important to know!
How was pension formed in the Soviet Union? A pensioner cannot be dismissed in the following cases:

• an elderly person remains lonely;
• raising a child who is not yet 3 years old;
• The pensioner is on vacation or sick leave.

Some retirees have priority when obtaining a new position within the company. This category includes: participants in hostilities; disabled people of all categories; citizens with dependents; a pensioner brings the only income to the family; citizens who received injury (or illness) in this organization; citizens studying at the initiative of management.

In addition to dismissal due to reduction, the employer may offer the pensioner work for a part-time week. In this way, the manager will save money and the pensioner will remain in his position. If it is not possible to reach an agreement, then the elderly person has the right to apply to the judicial authorities in order to restore his job and receive compensation for the (moral) damage caused.

What to do if they don't pay?

When laying off a pensioner, the employer must make all payments provided for by law. Failure to fulfill such an obligation is a direct violation of the labor rights and interests of the employee. Such an offense carries very serious penalties.

So, what to do when you find yourself in such a situation? Is there a chance to be heard? The Labor Code of the Russian Federation provides for an entire section (No. 13) regulating the procedure for protecting the labor rights of citizens, considering disputes arising in this area, as well as bringing violators to justice.

When faced with evasion of payment of due compensation, a pensioner can use the following options to protect his interests :

1. Contact your trade union organization for help.
2. Write a complaint to the state labor inspectorate.
3. File a lawsuit.

Special material has been prepared on the topic of how to complain to the labor inspectorate about an employer; we recommend reading it.

These methods should be applied gradually, starting from the easiest method of influence and up to litigation. In addition, you must first talk with management, explaining your point of view and supporting it with legal norms.