Reduction of employees of pre-retirement age per year. Pre-retirement age: reduction. Legislation and regulatory framework

12.12.2019

Recently, many employers are trying to lay off employees of pre-retirement age, and there are many reasons for this, ranging from reduced productivity to the desire to employ younger specialists in their places. From the point of view of the legislation, employees who have little left before retirement are not so protected, however, their age is not a basis for dismissal either.

In Art. 3 of the Labor Code of the Russian Federation states that age, race, gender, nationality, social status and beliefs do not give any advantage in professional activity and should not affect the attitude of the employer, and if he wants to fire his employee, referring to any of the above, this is considered discrimination in the world of work.

Direct grounds for dismissal at the request of the head are listed in Art. 81 of the Labor Code of the Russian Federation, and the following applies to them:

Termination of registration of IP, liquidation of the organization.
Staff reduction.
Non-compliance with the requirements for the position held, confirmed by the attestation commission.
Repeatedly seen non-compliance official duties subject to disciplinary action.
Single and gross violation of labor discipline.
Absence from the entire shift or working day, as well as absence from the workplace for more than 4 hours in a row without a good reason.
Being at work in a state of alcoholic, narcotic or toxic intoxication.
Disclosure of official or state secrets.
Deliberate embezzlement, embezzlement or theft at the place of work.
Violation of labor protection requirements, which entailed grave consequences.
Loss of confidence on the part of the employer, caused by the commission of guilty acts in the maintenance of commodity or financial values.
Providing false information about your financial or property status, or refusing to provide such information, if this caused a conflict of interest or could prevent it.
Committing an immoral act if the employee is engaged in educational activities and further work in the organization is impossible.
Providing false documents for employment.

Also, individual cases that are the reason for termination of the employment contract at the initiative of the employer may be indicated in the document itself, however, reaching the pre-retirement age in any case is not a basis for dismissal.

Another situation often arises: the employer himself asks his subordinate to quit on own will, and if he refuses, then all conditions are created in the team so that he still writes a letter of resignation. Such actions of the head are considered unlawful and they can be appealed through the court, because. termination of the employment contract in this case is made under pressure.

Despite the fact that, according to the law, it is practically impossible to dismiss a person of pre-retirement age without grounds, there are still circumstances under which an employment contract can be terminated:

If, by decision of the court or the labor inspectorate, an employee who previously performed this work was reinstated to the position, and there are no other vacancies in the organization.
If the employee committed a criminal act and was convicted.
If the contract was concluded for a certain period, and not indefinitely, and this period ends.
If an employee has been found to be wholly unsuitable for labor activity in this position in accordance with the medical report.
Expiration or revocation of licenses, required by the employee for professional activities.
If the employee was reinstated to the position by a court decision or labor inspectorate, but in the future this decision was cancelled.

Thus, dismissal before retirement due to reaching a certain age is unlawful and can be appealed in court.

Can I be fired a year before retirement?

All the reasons for dismissing an employee of pre-retirement age are listed above, but it often happens that the organization plans to reduce staff, in which case the preference is given to employees with the highest productivity. In accordance with Art. 32 of the Federal Law “On Employment in the Russian Federation”, an early pension can also be assigned to certain categories of citizens working in difficult and stressful conditions, which is an alternative and more acceptable option for dismissal:

Medics.
For teachers.
Locomotive workers.
Public transport drivers.
People working in the Far North or involved in underground work.
Mothers of many children.
People who are dependents of a disabled person.

Retirement should be less than two years away.
There is a work experience (it depends on working conditions).
If after dismissal due to staff reduction or liquidation of the enterprise, it was not possible to find a suitable job through the Employment Center.

To retire early, you need to apply to the Employment Center on your own, and then, after an approval decision and receipt of a certificate, apply with it to the Pension Fund and write an application for early retirement.

If the company plans to reduce staff, then in accordance with Art. 179 of the Labor Code of the Russian Federation, employees with the highest qualifications and labor productivity, as well as certain categories of employees, have the priority right to continue their labor activity:

If the qualifications and productivity of all subordinates are equal, then family people who bring up two or more dependents have an advantage; persons providing for the whole family if its other members are not employed; employees who have been injured or ill in connection with their work in this organization; combat invalids; workers who improve their skills without interrupting their work duties.
Other categories of employees specified in the collective agreement.

According to Art. 81 of the Labor Code of the Russian Federation, termination of an employment contract due to a reduction in staff is possible only if the employee has given a written refusal to transfer to another position or there are no vacancies in the organization that correspond to his qualifications and state of health.

Is it possible to go to court if the employee does not agree with the dismissal before retirement?

A few years ago, one of the deputies submitted a bill to the State Duma for consideration, according to which employers would not have the right to fire their employees who had less than two years left to work until retirement. Such an initiative did not find support, and now people of pre-retirement age have the same rights as younger workers. Nevertheless, more and more often, managers are trying to terminate employment contracts with objectionable employees and employ other people in the places of dismissed subordinates, but it should be remembered that if there are no legislative grounds for this, then such actions are illegal.

To achieve justice, first of all, you should contact the labor inspectorate. Employees of this organization will conduct an inspection and issue an appropriate order to eliminate violations, but in order to be reinstated and receive moral compensation, you will have to file a claim. As a rule, such cases are considered by the district courts at the location of the defendant, but before applying there, you need to carefully prepare:

Find an employment contract: it will serve as proof of employment in the company. As a rule, when hiring employees, employers do not give them a second copy, and in this case, you can ask for a salary certificate for the worked period of time. This document not only proves that the employee worked in the organization, but will also be needed to collect salaries and compensate for forced absenteeism during restoration.
Provide with statement of claim and other documents: copies of the work book and contract, copies of orders for hiring and dismissal, certificates of wages.

If the submitted documentary evidence is not enough for a full consideration of the case by the court, then at the initiative of the plaintiff, witnesses may be invited to the meetings who will confirm labor activity in the organization, illegal dismissal, or that the termination of the employment contract was made at the request of the employee under pressure from the head.

What rights does the plaintiff have in this case?

He can change the claims.
Demand compensation for the costs of a lawyer and the payment of state duty from the defendant.
Reduce or increase the amount of compensation required.
Refuse the claim, change its subject and grounds.

Sometimes a settlement agreement is concluded between the plaintiffs and the defendants, but here it should be remembered that this document deprives the employee of the right to re-apply to the court on the same basis. The settlement agreement must be confirmed by the judicial authority, and from the moment of confirmation it is recognized as valid. To restore an employee to their original position, the manager must do the following:

Issue a new order canceling the dismissal order. It should indicate the grounds: for example, “in connection with the entry of the Court Ruling dated dd.mm.yy. in a civil case № «N» and in accordance with the terms of the settlement agreement between OOO «Romashka» and Ivanov P.AND. I order: 1. Cancel the order to terminate the employment contract ... ".
Notify the employee of his reinstatement and execution of the relevant order, then familiarize him with the document under a personal signature.
Contribute to work book information: “record No. “N” is considered invalid”, and also indicate in it the reason - the Order, its number and date of publication.

If the dismissal was declared illegal by the court, then the employee has the right not only to be reinstated in the workplace, but also to change the wording of the dismissal, because employers often terminate employment relations with objectionable subordinates on grounds that discredit them (drunkenness at the workplace, absenteeism, etc. .). If this was not actually the case, but the judicial authority recognized the wording as unreasonable and illegal, the head is obliged to perform the following actions:

Issue an order and send a notification to the employee.
Make an entry in the work book on recognizing the wording of the reason for dismissal as invalid, and also indicate the reason - the order.
If the employee has already settled in another company and cannot provide a work book, he can write an application asking for a certified copy of the Order to change the wording of the grounds for dismissal.

What to do if the employee was dismissed illegally, but at the time of applying to the court the organization was liquidated? In this case, it is impossible to restore to the previous place of work, however, the court may well recognize the termination of the employment contract as illegal, and in some cases, oblige the successor to pay the plaintiff a salary for the entire time of forced absenteeism.

The court decision is considered executed only if the employer has made all the due payments and reinstated the illegally dismissed employee in the same place, and also complied with all court orders. If he did not do this, then he can be held administratively liable.

As can be seen from the above, the procedure for restoring at the same place of work due to illegal dismissal legally very simple, but in reality there may be circumstances in which the trial will drag on for several months. To avoid such red tape, it is best to prevent it even at the stage of dismissal by contacting the labor inspectorate with a complaint about the illegal actions of the manager.

Pre-retirement age - how old is it? Let's figure it out in this article. To receive a pension Russian Federation insurance work experience is required, and a scale is applied according to which the right to enter it for men comes at 60 years old, and for women - at 55 years old. But there are certain categories of citizens who get the opportunity to prematurely exercise the right to receive social benefits.

Who can apply for early retirement?

This category includes persons who carry out their activities in the Far North, as well as those whose work is associated with difficult psychological and physical conditions. Chernobyl survivors, mothers of many children, parents of disabled children, and so on are also equated here. Is early retirement due to the reduction of an employee of pre-retirement age? This question interests many.

Assignment of early retirement payments and premature reduction

Under the law, under article 32 of the Law of the Labor Code of April 19, 1991, citizens of the Russian Federation are entitled to early retirement if they are laid off from their jobs for reasons beyond their control. Making an early retirement will be completely legal.

But what should a citizen who has fallen under early dismissal do? After all, being unemployed at this age, it is very difficult to get a job in a new place, as employers often do not want to take on older people. This explains why the legislative norms provide for early retirement when reducing an employee of pre-retirement age.

Reduction of an employee who is in pre-retirement age

Immediately after a full-time employee has been laid off under the initiative of the employer, he receives the average monthly salary for another two months. In the event that during this time he could not get a new workplace, and is registered with the employment service, then he is officially assigned the status of an unemployed person, and he begins to receive his social benefits. Such assistance is guaranteed to a citizen within 12 months after he receives unemployed status. In such a situation, the employment service must employ the unemployed and provide him with available vacancies from employers.

What is required for this?

Do not forget that a person who is not at work has the right to refuse jobs offered to him only a limited number of times. Otherwise, he will be removed from the register with the employment service, and he will not be able to count on early retirement.

When an employee of pre-retirement age is reduced, his pension may be assigned to him in cases where:

He already has the required work experience, namely, for men it is 25 years, and for women - 12.
The citizen is considered unemployed.
There is no real possibility of further employment for him.
Before the main retirement, he has no more than two years.

Only in this case, a citizen of pre-retirement age can be provided with the right to an early pension as part of the reduction. Many are wondering, the pre-retirement age is how many years? For women 53 years, and for men 58 years.

Among other things, it should be emphasized that the bodies providing employment for the population are very interested in first trying to find a job for a person, and then offering him to retire ahead of schedule. The Reduction Pension Law provides that such a measure must be dictated by the employment center due to the fact that it is not possible to employ a person of pre-retirement age in the future or because he has been diagnosed with a disease that prevents him from continuing his work activity. But a citizen personally may not agree to such a proposal if he intends to continue working further.

It is very important to emphasize that if, after the early appointment of a pension with a reduction in staff, a person gets a job again, then the payment of benefits for him will be immediately terminated. Such payments appear before the citizen has such rights to an insurance pension.

Applicants for early retirement

Among other things, the following categories of citizens are distinguished who are entitled to receive cash receipts until the onset of an old-age pension, if they have had a certain job throughout their lives. These categories of activities include:

How to apply for early retirement?

Registration of early pension in case of reduction

For a retirement associated with a reduction, a person who is at the pre-retirement age should write an application about this to the employment authorities. Immediately after receiving such a document, the citizen's request for an early pension payment is considered and an appropriate decision is made. In the event that it turns out to be positive, the employment service will issue a written proposal on the appointment of an early pension. As soon as this happens, it will need to be sent to the Pension Fund of Russia, where the application will also be considered. The time allotted for these actions is one month, otherwise the paper may be invalidated.

Pension payments to the employee and their calculation

With the reduction of the Labor Code of the Russian Federation and Article 32 federal law provide that a newly-made pensioner has the right to count on monetary security, which depends on two indicators:

individual pension coefficient (IPC);
the value of one IPC score.

Both of them are made up of the existing seniority, as well as the amount of insurance contributions that were made by employers during the entire working life, taking into account the percentage of accumulated earnings. The very same amount of points is calculated taking into account the annual indexation.

For example, in 2017 one point is equal to 74 rubles. Let's say the sum of the coefficient is 30, then we get the following equation: 30 x 74 = 2220 rubles.

To this figure is also added a fixed payment in accordance with Article 16 of the Federal Law in the amount of 4558 rubles. It turns out that the total amount of the pension will be: 4558 + 2220 = 6778 rubles, subject to early retirement.

What cash payments are made when employees are laid off?

With the reduction of the Labor Code of the Russian Federation, it is provided that the employee is paid a salary for the last month of his work, and, in addition, compensation is made for unused vacation, if available. In addition, article 178 of the Labor Code of the Russian Federation provides for special payments as part of the reduction of an employee in 2017:

Refusal to provide early pension to a reduced person

There are cases when a citizen may be denied a pension ahead of schedule. For example, such payment processing, when the staff is reduced, cannot be carried out if the unemployed person has repeatedly refused the vacancies offered to him by the employment agency. In addition, it will not be possible to draw up a pension during a reduction in the amount of benefits or during the suspension of its payment.

We have considered the rules for payments in case of reduction of an employee of pre-retirement age of early retirement.

The reduction of a worker of pre-retirement age in Russia has its own characteristics. Such employees have certain benefits and privileges due to their double exposure. It is useful to know about them not only for the future pensioner himself, but also for his employer.

The concept of "pre-retirement" age

Some employees, during the downsizing, appeal by the fact that they will soon retire and it will be very difficult for them to find a new job for a short time. Sometimes they even argue that this is a legal right because of the “pre-retirement” age. Therefore, the employer must know whether there are any privileges for such citizens during the reduction or not.

Legislatively, no title document uses the term pre-retirement age. Citizens are referred to it in accordance with the time after which they should retire (usually within 2 years).

There is no clear distinction between pre-retirement and normal age, since retirement can occur at different times. In the classic case, we are talking about old-age pensions. The majority of the population begins to receive labor benefits from the state at the age of 60 and 55 for men and women, respectively. Sometimes retirement may occur earlier, for example, due to harmful conditions labor or work in the conditions of the far north.

The absence of the concept of pre-retirement age means that there are no reduction benefits for such citizens. They are not mentioned in the labor legislation.

The procedure for reducing persons of pre-retirement age

The need for downsizing can arise in any organization. Often, the employer has to fire trusted employees who have been working at the enterprise for a long time. Sometimes the reduction affects people of pre-retirement age. In order not to violate their rights, the employer should study the dismissal procedure in detail.

Labor Code The Russian Federation provides for the possibility of dismissal of an employee due to reduction payroll workers. The procedure itself is described in detail in Part 3 of Art. 81 of the Labor Code of the Russian Federation. According to it, the employer must take into account the preferential right of certain categories of the population (for example, women with small children). In general, the reduction occurs as follows:

The employer decides that the company should reduce a certain amount of people (for example, to reduce costs or because there is not enough work for the available staff). Such a decision is documented - an order, protocol or decision is drawn up.
Candidates are excluded from those who, according to the law, cannot be dismissed. This includes, for example, pregnant women, mothers on maternity leave, women with children under 3 years of age. Subsequently, their candidacies cannot be considered.
The following are possible candidates. People working in the same positions are compared. First of all, labor productivity is evaluated. There are no additional bonuses for future pensioners. If their productivity is lower, then they will be reduced. With the same indicators, qualifications are compared.
If both the qualifications and productivity of employees are the same, then the employer takes into account the rules on preference enshrined in Art. 179 of the Labor Code of the Russian Federation. There are no persons of pre-retirement age in this list. But they may be privileged for other reasons. For example, if there are 2 or more disabled persons in their family, the maintenance of which lies with the employee. Some employers treat people of pre-retirement age with understanding, especially if they have been working in the organization for a long time. Then the head has the right to grant a privilege to a certain category of persons, pointing to it in the collective agreement.

When the decision to reduce specific individuals is made, the employer must notify them of future personnel changes in advance - at least 2 months before the reduction. This must be done in writing by giving notice. The employee must sign the familiarization.

In addition, the employer, if there are other vacancies, must offer them to the downsized employee. They must meet the following requirements:

fit a person for medical reasons;
is located in the same place of service (with the consent of the employee, he can switch to new position and elsewhere).

But the qualifications and the level of wages may be lower than in the current position.

Many workers are members of special trade unions. In this case, when reducing, the head of the organization must contact the trade union committee and receive a written opinion on the upcoming dismissal of the employee. This obligation is enshrined in Art.

Reduction of an employee before retirement for 1 year

The subsequent dismissal procedure for citizens of pre-retirement age is no different from the usual one - an order is drawn up, everyone signs Required documents mandatory payments are made.

Payments and benefits

In the event of a reduction, absolutely all employees receive compensation payments, the nature and amount of which is determined by Art. 178 - 180 of the Labor Code of the Russian Federation. These include:

severance pay, the amount of which is equal to the average monthly earnings of a particular employee;
maintaining the average monthly salary for the period of employment (up to 2 months from the moment of reduction).

Work in some industries allows people of pre-retirement age to receive additional benefits when they are reduced. For example, the amount of unemployment benefits for them can be increased (standard - 12 months, citizens of pre-retirement age can receive benefits for up to 2 years). However, the deadline is determined individually.

Sometimes a person may be allowed to retire early (but not earlier than 2 years). But an indispensable condition is the presence of sufficient work experience. Within an industry or enterprise, there may be established additional measures support for people of pre-retirement age.

This is determined by Article 137 of the Labor Code of the Russian Federation and removes questions like “Can a pensioner quit without working off?”, Which may arise from the personnel department of an enterprise.

The right to receive a pension (but while a person is working, this category of payments is not subject to annual indexation).
Receiving an additional 14-day vacation at your own expense.

How to fire a pensioner in 2018 For an employee personnel service the dismissal of a pensioner in 2018, in the same way as in previous years, should be based on legislative norms. It does not allow termination labor relations with infringement of the rights of an employee due to his age - this will be regarded by the court as discrimination.

Attention

Upon entering a job or resuming other activities that are provided for in Article 10 of the Federal Law "On Labor Pensions in the Russian Federation", the payment of a pension established to unemployed citizens in accordance with paragraph 2 of this article is terminated in accordance with subparagraph 3 of paragraph 1 of Article 22 of the said Federal Law. law. After the termination of the specified work and (or) activity, the payment of this pension is restored in accordance with subparagraph 2 of paragraph 2 and paragraph 4 of Article 22 of the said Federal Law.

Pre-retirement age: reduction

4. Expenses associated with the appointment of a pension, provided for in paragraph 2 of this article, are carried out at the expense of the Pension Fund of the Russian Federation with subsequent reimbursement of costs from the federal budget.

Retirement a year before retirement

For example, guaranteed extraordinary leave of up to 14 days without pay and dismissal without two weeks of work. Legal framework In order for the dismissal of a pensioner in 2018 to take place without violations, the employer needs to know well legal requirements. Depending on the specific situation, these rules will be regulated:

Federal Law No. 400-FZ of December 28, 2013 “On Insurance Pensions”;
Federal Law No. 173-FZ of December 17, 2001 “On Labor Pensions in the Russian Federation”;
Articles 80, 81 of the Labor Code of the Russian Federation.

Conclusion of fixed-term contracts This type of working relationship has a clearly defined time frame (up to 5 years in accordance with Article 59 of the Labor Code of the Russian Federation), determined by the period specified in the contract.

Dismissal of a pensioner in 2018: the rights of an employee and an employer

Depending on the reasons, the benefits of this form of termination of employment include:

the possibility of the absence in the application of the reason for the termination of employment;
a favorable alternative to breaking the employment contract through the fault of the employee, an “unspoiled” work book;
extension continuous experience for another 1 month;
the possibility of obtaining more acceptable conditions (the amount of compensation, etc.) than in case of dismissal "of one's own free will".

In what cases is working off mandatory Although, according to Russian law (Article 80 of the Labor Code of the Russian Federation), the dismissal of a pensioner in 2018 does not provide for a two-week working off, there are exceptional cases.

Dismissal six months before retirement

Reduction notice Dismissal a year and a half before retirement in Israel how to do it I am 65 years old and have had a reduction in mefali due to a lack of orders.read answers (1) Tags: Reduction of staff Labor law Can they be laid off from work six months before retirement?read answers (1) Tags: Employer's rights Right Pension Voluntary dismissal a year before retirement how will it affect the amount of pension?read answers (1) Tags: How to influence Pension amount Resigned from work six months before retirement got on the stock exchange can be sent to retire early? read answers (1) Tags: List on the stock exchange Pension Do they have the right to be fired after reaching 45 years in the fire department six months before retirement? read answers (4) Tags: Reduction in the number or staff of employees Service in the internal affairs bodies Resolution of the Constitutional Court of the Russian Federation I ask you to answer the following question.

The employee has six months left before retirement can he be fired

ImportantOnly if all of the above conditions (in the law) are met, is it likely that a person will be sent to retire ahead of schedule. But usually the employment center tries to provide an unemployed citizen with a suitable job, and only if there is no such possibility, the question of assigning a pension can be raised. To receive a referral for early retirement at the employment center, you must provide the following documents:

Statement;
The passport;
Employment history;
Military ID;
SNILS;
Officially certified documents confirming the amount and period of contributions to the Pension Fund;
Certificate from work, certified by the seal of the enterprise, on the average salary received in any period of five consecutive years of work taken - until the beginning of 2002.

In some cases, additional documents may be required.

Downsizing before retirement

In some cases, the payment is also made for the third month (for example, with the assistance of the labor exchange - according to the Letter of the Ministry of Finance No. required vacancies).

Additional benefits not provided for by the Labor Code of the Russian Federation - their payment will be regulated by internal regulations.

In some cases, the amount of the compensatory allowance is 2 weeks of earnings In certain cases, labor legislation provides for a reduced amount compensation payments upon dismissal.

The law protects citizens in such trouble and provides for early retirement, which will also be discussed in this article.

What are the reasons for being fired before retirement?
What to do if they reduce at the pre-retirement age?
What does the law say?
Early retirement upon reduction.

Can I be fired 6 months before retirement?

If it is desired / necessary to reduce the employee at the initiative of the employer or dismiss him due to the liquidation of the organization, the personnel department is obliged to notify the employee about this two months in advance. Termination of the reduction contract provides for a change staffing organizations where the previous position should be absent. The employer needs to know that staff reduction cannot be used as a way to get rid of pensioners - directors can be held administratively liable for this.

Another prerequisite is that when a pensioner is dismissed in 2018 due to a reduction in staff or the liquidation of an enterprise, the accounting department is obliged to make all payments necessary by law to the employee. This includes the payment of a two-month salary and compensation for unused vacation. Alternatively, when the staff is reduced, the employee is offered another position.

What should an employee of pre-retirement age do in case of dismissal due to redundancy?

Can an employee be fired if he is about to retire?

Labor legislation on layoffs

The Labor Code of the Russian Federation regulates all issues of reduction in several articles located in different chapters:

p. 2 h. 1 art. 81 of the Labor Code of the Russian Federation establishes as the basis for the dismissal of an employee at the initiative of the employer, the reduction in the number / staff of employees carried out in the organization; part 3 of the same article talks about the procedure for reducing an employee;
Art. 82 of the Labor Code of the Russian Federation regulates the procedure for taking into account opinions trade union body about the dismissal of the reduced employee;
Art. Art. 178 - 180 of the Labor Code of the Russian Federation are devoted to guarantees and compensations for laid-off workers, including the issues of establishing benefits for staying at work in case of reduction.

As separate category employees in the Labor Code of the Russian Federation do not mention persons of pre-retirement age; features of the procedure for their reduction has not been established.

Pre- and retirement age

Currently on general rule an old-age pension is granted to citizens upon reaching the age of 55 for a woman or 60 for a man. In some cases (work in deviating from normal conditions), it is assigned earlier.

The very concept of “pre-retirement age” is not included in the legislation. Traditionally, it is understood as the age a few years before going on a well-deserved rest and a pension.

The first stages of reduction

The initial stage of the procedure is the adoption by the employer of a decision to reduce the number or staff of employees. It may take the form of an order or decision (minutes) of the collegial executive body.

After a decision is made to reduce the number of employees, the commission or the responsible person finds out the preferential right to leave at work employees whose staff units have fallen under the reduction (according to Article 179 of the Labor Code of the Russian Federation).

To do this, it is initially established which of the laid-off workers has higher labor productivity. If it is the same, then Part 1 of Art. 179 of the Labor Code of the Russian Federation leaves an advantage in case of reduction for an employee with a higher qualification.

In cases where both the performance and the qualifications of the reduced are the same, the rules of Parts 2 and 3 of Art. 179 of the Labor Code of the Russian Federation on preference for employees to stay at work:

having two or more disabled dependents;
in whose family there are no other workers with independent earnings;
previously received from this employer a labor injury or occupational disease;
who are invalids of military operations for the defense of the Fatherland;
improving their qualifications in the direction of the employer without interruption from work;
relating to categories, the preferential right of which to remain at work is enshrined in the collective agreement of the organization.

Such a benefit in case of reduction under a collective agreement is often granted, for example, to employees of pre-retirement age working in an organization.

Dismissal on reduction

If the employee is recognized as not having a pre-emptive right, then the process of his dismissal begins to reduce the number or staff of employees.

But first, he is invited in writing to transfer from his own to another vacant position in the organization (part 3 of article 81 of the Labor Code of the Russian Federation), which can either correspond to his qualifications or be lower or lower paid. There is only one condition - the employee should not have medical contraindications for this work.

The law obliges the employer to offer such an employee all the vacancies he has in the given locality, and in other localities - only if such a provision is enshrined in local acts organization or employment contract with an employee.

A prerequisite for the legality of the reduction of an employee is his written personal warning by the employer about future dismissal under paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation no later than two months, carried out against signature (except for cases of early reduction provided for in part 3 of article 180 of the Labor Code of the Russian Federation).

When reducing an employee who is a member of a trade union, it is necessary to take into account the opinion of the trade union committee (Article 82 of the Labor Code of the Russian Federation), for which the employer must apply in writing to the trade union committee.

Further registration of the dismissal of an employee in connection with the reduction is subject to all the rules of Art. 84.1 of the Labor Code of the Russian Federation.

The reduced employee is paid severance pay in the form of his average monthly earnings. He also retains the average monthly salary for the period of employment, not exceeding two months from the date of dismissal. severance pay paid in this amount.

Benefits for pre-retirement reduction

The legislation of other industries provides for some benefits for reduced "pre-pensioners".

Thus, the legislation on employment provides for them to increase the period of payment of unemployment benefits up to 24 months under certain conditions.

At the suggestion of the employment service authorities, in the absence of employment opportunities for these citizens, if they have the necessary work experience, they may be assigned an old-age pension ahead of schedule (but not earlier than two years before the retirement age).

In addition, some industry agreements (for example, the Federal Industry Agreement on Communications Organizations and information technologies of the Russian Federation for 2015-2017) provide for the early appointment of a pension to the reduced "pre-pensioners" through non-state pension funds.