Reduction of employees of pre-retirement age in 2021

Who is considered pre-retirement?

To soften legislative reforms, which consist of increasing the retirement age, the government introduced a number of compensating measures:

• The pre-retirement age has been changed - from 2021. increased to 5 years, which precede the date of registration of the pension (including early retirement), previously it was 2 years;
• Some types of social assistance and state guarantees have been introduced for pre-retirees.

In 2021 The retirement age has increased by six months - to 55.5 (women)/60.5 (men), the pre-retirement period begins at 50.5/55.5 years. These figures will continue to increase for another 4 years:

• 2020: +1 year;
• 2021: +1.5 years;
• 2022: +1 year;
• 2023: +1 year.

From January 2023 Female representatives will apply for a pension at 60 years of age, male representatives at 65, the pre-retirement period will begin at 55(f)/60(m) years.

To avoid getting lost in the numbers, refer to the table. In 2021-2020 Pre-pensioners include women born in 1964-1966, men – 1959-1961.

Can an employee of pre-retirement age be fired?

Dismissal of persons approaching retirement age is prohibited under the Labor Code if the reason for the dismissal of an employee or the non-acceptance of a candidate for a vacancy is due to a valid age.

The country is undergoing pension reform, which is causing panic among those who have very little left before retirement. Many are afraid that, theoretically, they could already be on a well-deserved retirement, but now they may even be fired before reaching the target age, since the employer can no longer wait for a young and progressive person to take the place of the elderly. There is no need to panic, the President has increased the liability of employers for dismissal due to age, and almost pensioners have the right to retrain for free.

But there are a number of justified reasons why the reduction of an employee of pre-retirement age is possible; the legislation classifies such events as:

• Liquidation of a company;
• Reduction of staff during reorganization or optimization of production;
• If an employee systematically fails to do his or her job, is reprimanded and disciplined;
• Violation of labor discipline (absenteeism, disclosure of trade secrets, non-compliance with labor safety rules);
• Violation of a liability agreement, assistance in the theft of money or material assets;
• Making illegal decisions, violating official duties;
• If a person who has reached retirement age holds the position of a senior manager, then he is allowed to be dismissed when there is a change in the management of the company.

The reasons stated above are quite understandable: if there is no enterprise or position, then an employee is not needed (they can be transferred to another position, but there is no priority right for this category); if a person does not fulfill his duties properly (anything can happen due to age), then he is subject to dismissal.

Grounds for dismissal

The state protects the rights of citizens of pre-retirement age. A 56-year-old woman can only be fired on the basis of legislation. The list of reasons is specified in Article 81 of the Labor Code of the Russian Federation. Age is not a basis for dismissal.

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Certification results

A woman of pre-retirement age can be fired if she has not passed the certification. The procedure for assessing the suitability of employees for the position held:

• issuing an order and familiarizing employees with it;
• selection of commission members;
• approval of the schedule and questions for the exam;
• carrying out certification;
• summarizing.

A 56-year-old woman who has not confirmed her qualifications can be transferred to another job or a lower position only with her written consent.

If there are no vacancies or the employee does not accept the new conditions, the manager has the right to fire him. The reason is inconsistency with the position held or the work performed.

Liquidation of the enterprise

Upon complete cessation of activity, the company terminates employment contracts with all personnel. Management is required to notify the employee of the upcoming dismissal 2 months in advance. On the last working day, the pre-retirement worker will receive a work book, a certificate of income for the previous 2 years and a financial calculation, including:

• salary for days worked;
• severance pay – salary without allowances;
• vacation compensation.

After the liquidation of the enterprise, the pre-retirement employee must register with the employment service. If dismissed employees do not find a job within two months, they are paid severance pay for this period.

When an enterprise is closed, a woman may be granted an early pension if there are no more than two years left before retirement age.

Conditions – registration at the employment center, lack of offers for work in the specialty. The total experience must be 20 years, and the age must not be younger than 53.

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Staff reduction

Dismissal of pre-retirees in 2021 due to staff reduction is possible if some positions are excluded from the staffing table. This is the most beneficial option for the employee. The law guarantees him payment of compensation for unused vacation and preservation of his average monthly earnings for two months after the layoff. At the employment center, the pre-retirement worker will be paid a percentage of his salary:

• first 3 months – 75%;
• next 4 – 60%;
• 5 more months – 45%.

Please note that if a citizen is laid off due to staff reduction, there are no more than 2 years left before retirement, and the employment center cannot find him a job, the pre-retirement employee has the right to apply to the Pension Fund for an early pension.

Violation of discipline

The employer has the right to dismiss pre-retirees for failure to comply with labor duties if they already have a penalty, for example, a reprimand or a one-time gross violation of labor discipline:

• absenteeism;
• showing up at work while intoxicated;
• disclosure of official secrets;
• forgery of documents;
• committing embezzlement or theft;
• violation of labor protection requirements.

Regulatory framework governing the issue

Issues of dismissal of an employee of pre-retirement age are regulated by the following legislative acts:

1. Labor Code: Art. 81 – the procedure for terminating employment relations at the initiative of the employer.
2. Law on the prohibition of dismissal of employees near retirement age and criminal liability for unlawful actions - No. 352-FZ of October 3, 2021.
3. Changes in the pre-retirement age, the procedure for calculating pensions and benefits for this category of citizens - No. 350-FZ of October 3, 2018, Government Decree No. 1375 of November 15, 2018 (amount of unemployment benefits) and No. 3025-r of December 30, 2018 (requalification).
4. Conditions for early assignment of an insurance pension - No. 1032-1-FZ as amended from 01/01/2021 (Article 32).

You cannot dismiss an employee who has less than 5 years left until retirement without a justified reason; if the reason for terminating the employment relationship is a justified circumstance permitted by law, then the dismissal procedure is as follows:

1. Justification of the reason for dismissal;
2. Written warning of layoff 2 months before the last day of work;
3. Payment of severance pay and settlement, or transfer of an employee to another position by agreement of the parties.

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.

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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 a collective agreement, which stipulates the impossibility of dismissing an employee of pre-retirement age for a number of reasons. But this collective agreement, alas, is not drawn up by all employers or the specified clause may not be included there. Article 81 of the Labor Code of the Russian Federation allows you to dismiss an employee if there are grounds, the main of which are:

1. Liquidation of the organization;
2. Reduction 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 of labor duties;
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.

Responsibility for the dismissal of pre-retirees

The government has decided to protect older citizens from losing their jobs; at the moment, the protection consists of increasing the fine and introducing criminal liability for the dismissal of people of pre-retirement age. But in the future, incentive methods may be introduced, for example: reducing the mandatory percentage of contributions to the Pension Fund for this category of employees.

For unjustified dismissal, entrepreneurs and officials face the following penalties:

• Fine in the amount of 18 monthly wages/other income – max 200,000 ₽;
• Or correctional labor - maximum 360 hours.

In what cases may an authorized person be punished:

• Unjustified dismissal at the initiative of the employer;
• If an employee of pre-retirement age proves that the application was written under duress at his own request;
• In case of refusal to hire due to maturity (if this is indicated in the written response to the candidate).

Early retirement in case of layoff. How to achieve it?

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.

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How is the procedure for voluntarily dismissal carried out?

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 such an opportunity is not available can the question of granting a pension 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, about 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.

What benefits do pre-retirees enjoy?

Citizens who have less than 5 years left before their well-deserved retirement can count on additional social guarantees and benefits:

1. Guaranteeing the right to maintain employment - illegal dismissal of an employee of pre-retirement age is criminally punishable.
2. Two days of paid annual leave for medical examination - medical examination (an ordinary employee is given +1 day every 3 years).
3. The ability to receive unemployment benefits for 12 months in the range of 1,500 - 11,280 rubles (in 2021), which is 41% higher than the maximum amount for other citizens. If a person worked for more than 26 weeks before dismissal, then for 3 months he will receive 75% of his average salary (but not more than 11.3 thousand rubles), 4 months - 60%, 5 months - 45%.
4. Granting the right to free retraining - off-the-job retraining courses at the Employment Service, upon completion of which a stipend is paid, which is equal to the average regional salary.
5. Tax benefits are available for citizens 55+ (female)/60+ (male): you can avoid paying property tax and take advantage of the land tax deduction (for 6 acres).
6. Upon reaching 55/60 years (retirement age under the old laws), regional benefits will become available: discount on utility bills, free travel and others.
7. From the age of 55-60 years you can receive the funded part of the pension.
8. If there is no opportunity for employment with the participation of the Employment Service and you have 20 (women)/25 (men) years of insurance experience, you can apply for an insurance pension 24 months earlier.

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