large number of people continue to work in Russia, reaching retirement age.The reasons for it at everyone.Some are experiencing financial difficulties, as the amount of benefits, most often small, while others simply do not want to sit at home.Working pensioners can be seen not only in state institutions but also private organizations.This process, as the dismissal of the pensioner, trying not to contradict the Labour Code, may cause difficulty for the employer, because there are some nuances in the law that you need to know.
For example, often there is a dispute whether or not such an employee to warn in advance of its intention to withdraw from work, and if he had already said the chief of his dismissal, should be working out, equal to two weeks.The TC clear answer to this question, and therefore there are controversies.In Art.80 stipulates that if there is a dismissal of the pensioner due to retirement, the employer must dismiss it on that day, which is written in the statement.That is to delay and make the necessary time to work out a person who has decided to leave the job to find a retired officer can not.It should be noted that such a privilege can only be used once, so that it has been documented, that is, written in the workbook.
If a pensioner then went to another job, and after a while decided to resign, the cause of which is written in the statement, will be on their own, and thus prevent the head of this must be, like all two weeks.This suggests that the dismissal without working pensioners may only once after their retirement.However, TC also stipulates that a worker is entitled to two weeks of unpaid leave, which boss must give him at any time.Hence, if conflicts arise on the issue, the matter can be resolved peacefully, just retired, in addition to the application for dismissal, to write and apply for unpaid leave.This will allow the employer to win the necessary time to find a new employee, while a pensioner can not come to work, and pay for it these days do not have to.
Many bosses believe that the achievement of a certain age have a reason to spend the dismissal of pensioners.But it can be done only at the request of the employee, and the force violently away on a holiday it is impossible - it is contrary to the law, and therefore, working pensioner can file a lawsuit for the organization, which is likely to take his side.
Another not very nice moment for the elderly is their transfer to fixed-term employment contract.I must say that in some cases it may be inappropriate, as the dismissal of the pensioner.If the original was made open-ended contract with the employee, and translate it into an urgent want after they reach retirement age, it is possible only with the consent of the employee.In another case, for example, in the employment of this age to work, it is possible to conclude with him initially fixed-term contract.
Some employers offer such employees go to another post, sometimes paid less.If the employee does not agree, then he has every right to refuse.It must be remembered that all the procedures related to the transfer should take place only with the consent of the employee.
Thus, the dismissal of the pensioner must not contradict the legislation.In some cases, experienced staff can give odds to the young, so do not say goodbye to good employees only on the basis they reach a certain age.
