How to retire a pensioner by law
How to retire a pensioner by law
To dismiss the pensioner or not - sooner or latersuch a question can arise before any employer. And how to correctly do it from the point of view of the legislation, not everyone knows. Although the Labor Code clearly explains the scheme of this reduction.
Instructions
1
Remember that the retirement age by lawcause for dismissal is not. Therefore, it is necessary to apply the same rules to an elderly worker as to any other. Accordingly, it can be dismissed with the reduction of staff on general grounds. And about dismissal in this case, you need to warn the employee for 2 months.
2
However, if his knowledge and experience have a specialvalue for the development of the company in the future, it is recommended to leave the pensioner, offering him other vacant positions. If the pensioner himself wants to go on a well-deserved rest, he has the right to refuse your offer. And he must do this only in writing. After all, this kind of paper will serve as the basis for his lawful dismissal.
3
The same applies to voluntary retirement of a retirement age employee. After submitting a relevant application, the employer must calculate it after 2 weeks.
4
It is possible to dismiss a retired workerapply such a method as a stimulating dismissal. In this case, the employment contract specifies the age and the period to which the employee must leave his workplace. In exchange, he will receive an increased severance pay.
5
You can also legally dismiss a pensionerIf he ceased to fulfill his job duties, he began to violate social norms of conduct at work, etc. You can reduce it under Article 81 of the Labor Code of the Russian Federation "Termination of the employment contract on the initiative of the employer". It is in it there is a reference to unscrupulous employees and measures of influence on them.
