Reduction of pre-retirement benefits due to staff reductions. Pre-retirement age: reduction

Employee redundancy pre-retirement age has its own characteristics, since this category has a number of benefits. One of the benefits is the right of pre-emption, which in some cases allows you to get a new job. Last news they say that people of pre-retirement age will become one of the most protected categories in the event of dismissal or layoff.

Legislation and regulatory framework

Pre-retirement age includes a period of 5 years before full retirement. Currently, retirement is carried out at 55 and 60 years old, but as the retirement age increases, the dates will shift. At the same time, the pre-retirement period will remain the same.

Important! In 2018, an employee approaching retirement age does not have a preferential right based only on his age category. The advantage is given by the experience and qualifications of the employee, as well as the level of productivity.

With the standard reduction option, the employer will prefer to keep a younger specialist at work, but according to the law, experience gives a significant advantage over other employees. For this reason, priority in the case of equal qualifications will go to a person of pre-retirement age who has significant length of service and work experience. Violation of this rule by the employer may lead to the employee being reinstated if he goes to court or labor inspection.

In accordance with the 2018 regulations, the reduction of pre-retirement year employees is regulated general rules. The only full benefit is the possibility of early retirement, but this will require fulfilling many conditions:

  • be officially unemployed;
  • do not have employment opportunities, as confirmed by documents from the employment center;
  • there must be a maximum of two years left before retirement;
  • there are 30 points according to the cumulative system;
  • minimum experience of 25 and 20 years for men and women, respectively.

Important! All standards for the reduction and dismissal of workers of pre-retirement age at this moment(2018) do not differ from other non-preferential categories of employees.

It is worth considering that with an increase in the retirement age, a special provision will begin to apply, which will lead to an increase in state guarantees for persons of pre-retirement age, including regarding labor relations.

Introduction of the PPV provision in 2019

On January 1, 2019, the pension reform will begin, which regulates the gradual increase in the retirement age. Along with it, the provision of PPV (pre-retirement age) is introduced, which provides additional social and state guarantees to all persons who are within 5 years of retirement.

Introduced items and changes:

  • establishing administrative and criminal liability for the employer for dismissal or refusal to hire, that is, it will be impossible to lay off a PPV employee. The exception will be liquidation, as for other preferential categories;
  • organizations will be able to receive additional incentive quotas from the state for hiring PPV persons;
  • PPV employees will be able to undergo retraining or improve their qualification level through government programs, which are financed from the federal budget;
  • Unemployment benefits for PPV persons, if a new place of work has not been found, will have an increased amount (11,280 rubles/month versus 4,900 rubles for the rest of the unemployed).

All items will be introduced only from January 1, 2019. It is worth considering that an additional system of benefits for persons of pre-retirement age will be developed, based on the fact that they will become a category with state guarantees.

It also remains possible that a number of points from the provision will be modified. For example, will full-fledged guarantees be established in the future, as for a preferential protected category or for persons PPV will only be used governmental support in the form of a stated provision. At the moment, it is only planned to introduce a provision that will support individuals during the period of raising the retirement age.

All these points will lead to the fact that it will be possible to dismiss a PPV employee only in a few cases:

  • complete liquidation of the organization and subsequent downsizing;
  • dismissal due to at will employee;
  • dismissal under an article, for example, for violation of safety rules or loss of trust due to numerous violations;
  • with other options established by law. Example: a key employee returning from maternity leave.

Compared to the existing rules, workers of pre-retirement age will become more protected from dismissal and layoffs after the introduction of the provision, that is, it will no longer be possible to lay them off under the current (general) rules.

Reduction process

The reduction process for 2018 for a PPV employee is established by general rules, that is, the reduction of an employee can be carried out under standard conditions. At the moment, you can lay off an employee for several reasons:

  • liquidation;
  • staff reduction;
  • reduction in numbers.

Important! The reduction process has a standard form, which is regulated for all categories.

After issuing the order and notifying the employee, all regulatory authorities must be notified, including the trade union, from which permission must be obtained if the employee is a member of trade union organization. It is also mandatory to notify the employment center together with the employee.

Sample notification of the employment center about layoffs _Page_1

Sample notification of the employment center about layoffs _Page_2

It is worth considering that early dismissal is also available for an employee of pre-retirement age, just like for other employees. In this case, compensation must be paid, which is equal to the product of the average daily earnings and days of unworked type before the actual date of reduction.

Depending on the type of reduction, the employee must be notified 2 or three months before the date of dismissal. During this time, he needs to offer all possible vacancies that are suitable for qualifications, including at a rate of 0.5.

Important! If the actual date of dismissal coincides with vacation or sick leave, then the employer must wait for the employee to return to work. workplace and only then cut back.

On the last working day, a full settlement is made with the employee, which is common when laying off workers.

Any violation during layoffs can be appealed within 1 month after the layoff. If the court decides, the employee will be reinstated in his position. The most common case of violations is the incorrect consideration of preferential rights based on qualifications and experience. The employer must take into account that consideration of candidates for layoffs and the provision of new positions should not depend on age. It depends only on the benefits, as well as on the general work characteristics of the employee, including qualifications and length of service.

Nuances

The main nuance is the possibility of an employee taking early retirement after being laid off. If a PPV employee resigns of his own free will, then early retirement is not possible, but with any reduction option it is possible, if all conditions are met, to receive early retirement. To do this, you will need to fulfill all the requirements. Among the main points of this procedure:

  • The experience must be at least 20 and 25 years for women and men. It does not matter whether there was an interruption of service or not;
  • It is possible to retire only with two years remaining. If there is a period of two years and several days, then the procedure is impossible;
  • You must obtain permission from the employment center. This is only possible if you are unemployed. You are also required to take an active role in your job search. An important point is timely registration, which is carried out within two weeks after the date of reduction, including early;
  • You will need to provide all documents to the pension department at the place of registration.

Important! The duration of unemployment benefits for persons of pre-retirement age differs from that of ordinary unemployed people. For every extra year In addition to 25 years of service, two weeks of additional payment time are assigned. For example, if the normal payment period is 12 months, then a person who has 27 years of service may receive benefits for 13 months.

In 2018, persons of pre-retirement age do not have special benefits that affect the reduction process. New rules will be introduced in 2019 in accordance with the regulations. This provision will give the category of PPV employees additional guarantees of employment and labor relations. The main point after laying off a PPV employee is the possibility of receiving an early pension if the employment center was unable to employ him.

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 vulnerability. 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

During staff reductions, some employees claim that they will retire soon and it will be very difficult for them to find a new job for a short period of time. Sometimes they even argue that this is a legal right due to the “pre-retirement” age. Therefore, the employer must know whether there are any privileges for such citizens during layoffs or not.

Legislatively, the term pre-retirement age is not used in any legal document. Citizens are classified according to how long after they should retire (usually within 2 years).

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

The absence of the concept of pre-retirement age means that no benefits during layoffs are provided for such citizens. Labor legislation does not mention them either.

The need to downsize can arise in any organization. Often, an employer has to fire proven employees who have been working at the company for a long time. Sometimes reductions affect people of pre-retirement age. In order not to violate their rights, the employer should study the dismissal procedure in detail.

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

  1. The employer decides that the business must lay off a certain number of people (for example, to cut costs or because there is not enough work for the available workforce). Such a decision is documented - an order, protocol or decision is drawn up.
  2. Those who cannot be dismissed by law are excluded from candidates. This, for example, includes pregnant women, mothers on maternity leave, women with children under 3 years of age. Subsequently, their candidacies cannot be considered.
  3. Possible candidates are explored next. People working in similar positions are compared. First of all, labor productivity is assessed. None additional bonuses future retirees are not entitled to. If their productivity is lower, then they will be laid off. If the indicators are the same, qualifications are compared.
  4. If both the qualifications and productivity of the employees are the same, then the employer takes into account the rules of preference enshrined in Art. 179 Labor Code of the Russian Federation. There are no people of pre-retirement age on this list. But they may receive the privilege for other reasons. For example, if in their family there are 2 or more disabled people, the maintenance of which lies with the employee. Some employers treat people approaching retirement age with understanding, especially if they have been working in the organization for a long time. Then the manager has the right to grant a privilege to a certain category of persons, indicating it in the collective agreement.

When the decision to lay off specific persons accepted, 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 delivering a notice. The employee must sign the acknowledgment.

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

But the qualifications and salary level may be lower than for the current position.

Many workers belong to special trade unions. In this case, upon reduction, the head of the organization must contact the trade union committee and obtain a written opinion on the upcoming dismissal of the employee. This obligation is enshrined in Art. 82 Labor Code of the Russian Federation.

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

Payments and benefits

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

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

Work in some industries allows people of pre-retirement age to receive additional benefits when they are laid off. For example, the amount of unemployment benefits for them may be increased (standard - 12 months, citizens of pre-retirement age can receive benefits for another period of 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, additional measures to support people of pre-retirement age may be established.

Good afternoon

In your case, do not agree to dismissal under any conditions of your own free will or by agreement of the parties.

In Article 81 Labor Code RF all grounds for termination are listed employment contract at the initiative of the employer.

For any of these reasons there is a certain procedure(conducting inspections, receiving explanatory notes, issuing orders, etc.), which the employer must comply with before dismissing the employee. Failure to comply with this procedure may serve as a reason for the employee to apply to the court for reinstatement at work.

First of all, you need to avoid formal reasons for dismissal on the following grounds.

"Article 81. Termination of an employment contract at the initiative of the employer

An employment contract can be terminated by the employer in the following cases:

1) liquidation of the organization or termination of activities individual entrepreneur;

2) reduction in the number or staff of employees of an organization or individual entrepreneur;

3) inconsistency of the employee with the position held or the work performed due to insufficient qualifications confirmed by certification results;

4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant);

5)repeated failure by the employee to comply without good reasons labor responsibilities if he has disciplinary action;

6)a single gross violation by an employee of labor duties:

a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day ( shifts);

b) the employee’s appearance at work (at his workplace or on the territory of the employer’s organization or facility where, on behalf of the employer, the employee must perform labor function) in a state of alcoholic, narcotic or other toxic intoxication;

V) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee;

d) committing at the place of work theft (including small) of someone else’s property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;

d) violation of labor safety requirements by an employee established by the labor safety commission or the labor protection commissioner, if this violation entailed serious consequences (work accident, breakdown, catastrophe) or knowingly created a real threat of such consequences;

7) commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him on the part of the employer;

8) an employee performing educational functions has committed an immoral offense that is incompatible with the continuation of this work;

9) making an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;

10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;

11)representations by the employee to the employer forged documents when concluding an employment contract;

12) has become invalid. - Federal Law of June 30, 2006 N 90-FZ;

13) provided for in the employment contract with the head of the organization, members of the collegial executive body of the organization;

14) in other cases established by this Code and other federal laws.

The procedure for conducting certification (clause 3 of part one of this article) is established labor legislation and other regulatory legal acts, containing norms labor law, local regulations, adopted taking into account the opinion of the representative body of workers.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (as vacant position or a job that corresponds to the employee’s qualifications, as well as a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

In case of termination of the activities of a branch, representative office or other separate structural unit organization located in another location, termination of employment contracts with employees of this unit is carried out according to the rules provided for cases of liquidation of the organization.

Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by the employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer.

It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary incapacity for work and while on vacation."

The appendix describes the entire procedure that an employer must follow when reducing staff.

I am ready to provide advice on all dismissal procedures at the initiative of the employer.

In the current article we will consider whether it is possible dismissal person pre-retirement age and on what basis.

Not every citizen of pre-retirement age can count on receiving benefits for 36 months from the date of dismissal, because in accordance with Part 1 of Art. 32 Federal Law No. 1032-1, the period for receiving benefits in excess of the norm directly depends on the total length of service.

That is, a worker of pre-retirement age at the time of registration with the Employment Service can only count on annual financial support for 12 months, but further accrual of benefits depends on work experience exceeding the norm of 25 and 20 years.

So, in accordance with Art. 32 Federal Law No. 1032-1 for each year of work in excess of the specified norm, a future pensioner can count on payment of benefits for 2 weeks.

For example, if you have 26 years of experience, the benefit will be paid for 12 months and 2 weeks, and if you have 40 years of experience, an additional 7 months and 2 weeks will be added to 12 months.

Therefore, in the absence of 25 years of work experience, a laid-off employee should initially consider granting an early pension, because the length of service to receive benefits for 3 years may not be enough.

Also, the future pensioner should know that early pension provision can be prescribed only if several conditions are met, namely:

  • the citizen must be recognized as unemployed in the prescribed manner;
  • It is imperative to confirm a total work experience of at least 25 and 20 years for men and women, respectively;
  • The employment service must admit that it is not possible to employ a citizen;
  • The employee has no more than 2 years left before reaching retirement age.

A worker applying for early retirement should remember that even the payment of unemployment benefits may be suspended due to a citizen’s evasion of employment. That is, the Labor Exchange is obliged to look for vacancies, send registered citizens for interviews and offer all vacancies, even with low pay and qualifications.

If an employee evades or refuses the offered work, he will be denied an early pension, not to mention deregistered.

For what reasons do they have the right to dismiss before retirement?

In general, the Labor Code does not provide any restrictions on the dismissal of employees of pre-retirement age. Therefore, an employer can fire an employee, but only if there are legal grounds for this.

The list of legal grounds for dismissing an employee at the initiative of the employer is located in the Labor Code of the Russian Federation, Article 81 “Termination of an employment contract at the initiative of the employer.”

The only thing that can help you stay at work is collective agreement, which stipulates the impossibility of dismissing an employee of pre-retirement age for a number of reasons. But, alas, not all employers draw up this collective agreement or the specified clause may not be included there.

Allows you to dismiss an employee if there are grounds, the main ones of which are:

  1. Liquidation of the organization.
  2. Reductions in the number or staff of employees.
  3. Employee inconsistencies.
  4. Change of owner of the organization (applies to dismissals of the head of the organization, his deputies and the chief accountant).
  5. Repeated failure by an employee to perform job duties without good reason.
  6. Gross violation labor responsibilities.
  7. Commitment of guilty actions by an employee or an immoral offense.
  8. Making an unjustified decision that resulted in a violation of the safety of the organization’s property.
  9. Submission of false documents by the employee to the employer when concluding a TD.

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 an organization plans to reduce staff, and in this case preference is given to employees with the highest productivity. In accordance with Art. 32 of the Federal Law “On Employment of the Population in the Russian Federation”, early pensions can also be assigned to certain categories of citizens working in difficult and stressful conditions, which is an alternative and more acceptable option to dismissal:

  1. For doctors.
  2. To teachers.
  3. Locomotive transport workers.
  4. For public transport drivers.
  5. People working in the Far North or involved in underground work.
  6. Mothers of many children.
  7. People who are dependent on a disabled person.
  1. Must be less than two years away from retirement.
  2. There is a developed work experience (it depends on working conditions).
  3. If, after dismissal due to staff reduction or liquidation of the enterprise, it was not possible to find suitable job through the Job Center.

To retire early in old age, you need to independently contact the Employment Center, and then, after an approving decision and receiving a certificate, apply with it to Pension Fund and write an application for early retirement.

If the company plans to reduce staff, then according to Art. 179 of the Labor Code of the Russian Federation with a preemptive right to further continuation labor activity possessed by employees with the highest qualifications and labor productivity, as well as certain categories of employees:

  1. If the qualifications and productivity of all subordinates are equal, then family people raising two or more dependents have an advantage; persons providing for the entire family if its other members are not employed; employees who received injury or illness in connection with their work activities in this organization; disabled combat veterans; employees who improve their skills without interrupting their work duties.
  2. 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 staff reduction is possible only if the employee has given a written refusal to be transferred to another position or there are no vacancies in the organization that correspond to his qualifications and state of health.

What to do if you are laid off before retirement age

Dismissal of people of pre-retirement age in short - the most profitable option for the employee, because the reduction provides for certain payments. Therefore, if you are offered this option, it is better to agree, because if there are a couple of years left until retirement, you can apply for early retirement.

If you are laid off, the Labor Code guarantees that you will maintain the employee’s average earnings for 2 months.

When registering with the employment department:

  • for the first 3 months, a benefit in the amount of 75% of the average monthly salary;
  • in the next 4 – 60%;
  • in the remaining 5 – 45%.

Where to complain if you are asked to leave of your own free will before retirement

Remember, if you are forced to write a letter of resignation of your own free will in the pre-retirement period, you must avoid this action. By writing such a statement, you will deprive yourself of the right to receive benefits from the employment center, early pension and other payments from the employer.

Ask to be laid off or offered another position in which you can work until retirement.

Many employers, when hiring an employee, enter into a collective agreement, according to which, if the employee retires due to age, a large bonus is paid.

If you are deprived of the opportunity to work and are illegally fired for a fictitious violation, then you have the right to appeal to the labor inspectorate with a complaint against the employer, or to court. You can read about how to file a complaint against an employer with the labor inspectorate in our other article.

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

Several years ago, one of the deputies introduced a bill to the State Duma, according to which employers would not have the right to fire their employees who had less than two years to work until retirement. This initiative did not find support, and now people of pre-retirement age have the same rights as younger workers. However, increasingly, managers are trying to terminate employment contracts with unwanted employees and employ other people in the places of dismissed subordinates, but it should be remembered that if there is no legislative basis for this, then such actions are unlawful.

To achieve justice, you should first 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, they will have to file a claim. As a rule, such cases are dealt with by the district courts at the location of the defendant, but before going there, you need to carefully prepare:

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

If the presented 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 hearings who will confirm their labor activity in the organization, illegal dismissal of an employee of pre-retirement age or that the termination of the employment contract was carried out at the request of the employee under pressure from the manager.

What rights does the plaintiff have in this case:

  1. He may change the claims.
  2. Demand compensation for attorney fees and state fees from the defendant.
  3. Reduce or increase the amount of required compensation.
  4. Refuse the claim, change its subject and grounds.

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

  1. Issue a new order canceling the dismissal order. It must indicate the grounds: for example, “in connection with the entry into force of the Court Ruling dated dd.mm.yy. in civil case No. “N” and in accordance with the terms of the settlement agreement between Romashka LLC and P.I. Ivanov. I order: 1. Cancel the order to terminate the employment contract...”
  2. Notify the employee about his reinstatement and the execution of the corresponding order, then familiarize him with the document under his personal signature.
  3. Enter the information in the work book: “Record No. “N” is considered invalid,” and also indicate in it the basis - the Order, its number and date of issue.

If dismissal of employees of pre-retirement age 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 relationships with objectionable subordinates on grounds that discredit them (drunkenness in the workplace, absenteeism, etc.) . If this did not actually happen, but the judicial authority recognized the wording as unreasonable and illegal, the manager is obliged to perform the following actions:

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

What to do if an employee was fired illegally, but at the time of going to court the organization was liquidated? In this case, it is impossible to be restored to the previous place of work, however, the court may well declare the termination of the employment contract illegal, and in some cases, oblige the successor to pay the plaintiff a salary for the entire period of forced absence.

A court decision is considered executed only if the employer has completed all due payments and reinstated the illegally dismissed employee in his previous place, and also complied with all court orders. If he did not do this, then he may be brought to administrative responsibility.

As can be seen from what is written above, the procedure for reinstatement at the previous place of work in connection with illegal dismissal is legally very simple, but in reality circumstances may arise in which the legal process will drag on for several months. To avoid such red tape, it is best to prevent it at the dismissal stage by contacting the labor inspectorate with a complaint about the manager’s illegal actions.

Criminal liability occurs only if the presence of intent (self-interest, management interest) is proven. But in labor relations, intent is difficult to prove, and therefore most likely we will talk about administrative liability.

Early retirement

To protect citizens of pre-retirement age, the government adopted Law No. 1032-1 of April 19, 1991, according to which it is possible to receive an early old-age pension.

In order to receive it you need to:

  • The person was declared unemployed;
  • Had a work experience of 20 years for women and 25 for men;
  • When reducing, be over 53 for a woman and 58 for a man;
  • Voluntary desire for her early retirement.

To be recognized as unemployed, you must:

  • have an entry in the work book about dismissal due to staff reduction;
  • Be registered with the employment department;
  • Do not refuse job offers more than twice.

Procedure for applying for early retirement

An early pension in case of staff reduction can be granted if one of the main conditions is met, namely, recognition by the Labor Exchange of the fact that it is impossible to employ a citizen in a given locality due to the lack of vacancies, as well as the exhaustion of all opportunities to retrain him or employ him in an enterprise for at least on a temporary basis.

Another of the main conditions enshrined at the legislative level is the citizen’s consent to receive a pension after receiving such an offer from employees of the Employment Service in the manner established in Order of the Ministry of Labor No. 10n, which approves the work regulations of Labor Exchange employees.

If a citizen of pre-retirement age has been laid off and registered with the employment department, which cannot find a job for him, then he has the right to early retirement.

Only if all the listed conditions (in the law) are met is there a chance 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 opportunity, the question of assigning a pension can be raised.

To receive a referral for early retirement from the employment center, you must provide the following documents:

  • statement;
  • passport;
  • employment history;
  • military ID;
  • SNILS;
  • officially certified documents confirming the amounts and period of contributions to the Pension Fund;
  • a certificate from work, certified by the seal of the enterprise, on the average salary received in any period of five consecutive years of work - until the beginning of 2002.

In some cases, additional documents may be required. Finding a job before retirement age serves as a basis for terminating payments of a pension received early.

Sometimes the Pension Fund refuses to provide an early pension citing:

  • refusal (2 times) of proposed work by the employment service;
  • dismissal from work for other reasons;
  • There is an error in the documents provided.

The main document confirming the right to pension provision is a work book, which lists all periods of work activity, as well as the name of the institutions in which the citizen was employed.

And given the fact that the main condition for assigning this type of material support is total length of service, the provision of a work book is mandatory.

Moreover, the agreed document must be presented in the original with copies certified in the prescribed manner, which, by the way, can also be done by the Labor Exchange.

Deadlines

In the manner prescribed in Art. 22 Federal Law No. 400, pension provision is assigned from the date of application for the agreed payment, but not earlier than the citizen reaches the age established by law, that is, in the case of a referral by the Employment Service - 2 years before the old-age pension.

But the issuance of a referral to the Pension Fund does not have a regulated period, since the decision to offer an early pension can be made only after using all methods of job search, from retraining to recruitment public works, for which, by the way, high qualifications are not required.

Calculation of pension payments

In accordance with Art. 32 Federal Law No. 1032-1, a future pensioner can count on material support, which directly depends on two indicators, namely:

  • cost of 1 IPC point.

The IPC or individual pension coefficient consists of the length of service, in general, and the total amount of insurance contributions that were made by employers throughout the entire working life as a percentage of accrued earnings. And the cost of points is determined annually, taking into account indexation.

For example, in 2017, 1 point equals 74.27 rubles (Federal Law No. 385).

The pension will be calculated in the manner specified in Article 15 of Federal Law No. 400, namely: the available amount of the coefficient or point, for example, will be 30, the cost of the point is presented above.

Thus: 30 x 74.27 = 2228.10 rubles.

Also, a fixed payment will be added to the agreed amount based on Article 16 of Federal Law No. 400 in the amount of 4558.93 rubles.

Thus, the pension amount will be: 4558.93 + 2228.10 = 6787.03 rubles.

Criminal liability for dismissal of persons of pre-retirement age

In order for criminal liability to arise, it is necessary to prove that the employer had intent. In the context of the issue of dismissal of employees of pre-retirement age, it is proposed that intent be understood as self-interest, the interest of the head of the company. The difficulty is that in labor relations intent is difficult to prove, or it is completely absent. For this reason in labor disputes As a rule, the concept of administrative rather than criminal liability appears.

For example, the Criminal Code of the Russian Federation provides for criminal liability for late payment of wages to employees if it is possible to prove the presence of intent (Article 145 of the Criminal Code of the Russian Federation). But in practice, it is impossible to prove that the employer’s actions were intentional - it is always possible to justify the delay in payments by difficulties that arose at the enterprise.

Dismissal of people of pre-retirement age - difficulties in classifying offenses

Classification of offenses in labor sphere can safely be called subjective. The current regulations are becoming nominal because their actual application is extremely difficult. And if we consider the issue of specifically applying criminal penalties against companies that fire people of pre-retirement age, the situation becomes even more complex.

It is theoretically possible to hold an employer accountable under the Criminal Code only if it can be proven that the dismissal of people of pre-retirement age brings real benefits to the employer. But how can you prove that it is profitable for a company to fire older employees? How to measure benefits? Moreover, if the dismissal was preceded by incompetent actions of the employee, the employer’s actions do not violate the law. The only thing is that the current legislation allows for prosecution in case of dismissal on the grounds of old age - the Labor Code of the Russian Federation does not provide such a basis for depriving an employee of work.

How many years is pre-retirement age? Let's find out in this article. To receive a pension in Russian Federation insurance work experience is required, and a scale is applied, according to which the right to enter it for men begins at 60 years old, and for women at 55 years old. But there are certain categories of citizens who have the opportunity to prematurely exercise their 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. This also includes Chernobyl survivors, mothers of many children, parents of disabled children, and so on. Is early retirement available when an employee of pre-retirement age is laid off? This question interests many.

Assignment of early pension payments and premature layoffs

Within the framework of the legislation, in accordance with Article 32 of the Law of the Labor Code of April 19, 1991, citizens of the Russian Federation receive the right to early retirement if they are laid off from their jobs for reasons that do not depend on them. Registration of early retirement will be completely legal.

But what should a citizen who has been laid off early do? After all, if you find yourself unemployed at this age, it is very difficult to get a new job, since employers often do not want to hire older people. This explains why legislative norms provide for early retirement when an employee of pre-retirement age is laid off.

Retrenchment of an employee near retirement age

Immediately after a full-time employee has been laid off according to the employer’s initiative, he receives an average monthly salary for another two months. If during this time he was unable to find a new job and was 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 for 12 months after he receives unemployed status. In such a situation, the employment service must employ the unemployed and provide him with available employer vacancies.

What does this require?

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

When a worker of pre-retirement age is laid off, his pension may be assigned to him in the following cases:

  • 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.
  • He has no more than two years left before his main retirement.

Only in this case can a citizen of pre-retirement age be granted the right to receive an early pension as part of the reduction. Many people are interested in how many years is pre-retirement age? For women it is 53 years old and for men it is 58 years old.

It should be emphasized, among other things, that the authorities providing employment to the population are very interested in first trying to find a job for a person, and then offering him early retirement due to layoffs. The law on pensions associated with reduction provides that such a measure should 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 was 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.

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

Applicants for early retirement

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


How to apply for an early pension?

Registration of early pension in case of layoff

To retire due to layoffs, a person who is at pre-retirement age should write a statement about this to the employment authorities. Immediately after receiving such a document, the citizen’s request to provide him with an early pension payment is considered and an appropriate decision is made. If it turns out to be positive, the employment service will issue a written proposal for early retirement. As soon as this happens, it will need to be sent to the Russian Pension Fund, 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 minted pensioner has the right to count on cash support, which depends on two indicators:

  • individual pension coefficient (IPC);
  • value of one IPC point.

Both are made up of the existing work experience, 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 sum of points itself is calculated taking into account 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.

A fixed payment in accordance with Article 16 of the Federal Law in the amount of 4,558 rubles is also added to this figure. 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?

When reducing the Labor Code of the Russian Federation, it is provided that the employee is issued wage for the last month of his work, and, in addition, compensation is provided 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 an early pension to a redundant person

There are cases when a citizen may be denied a pension early. For example, such payment processing when staffing is reduced cannot be carried out if the unemployed person has many times refused the vacancies offered to him by the employment service. In addition, it will not be possible to apply for a pension during a reduction in the amount of the benefit or when its payment is suspended.

We have reviewed the rules for payments when laying off an employee of pre-retirement age and early retirement.

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