home Calculators If you are laid off 2 years before retirement. Is it possible to lay off an employee a year before retirement? Reduction of an employee of pre-retirement age

If you are laid off 2 years before retirement. Is it possible to lay off an employee a year before retirement? Reduction of an employee of pre-retirement age

Hello, Elena.

Article 179 of the Labor Code of the Russian Federation establishes that when the number or staff of employees is reduced, the priority right to remain at work is given to employees with more high performance labor and qualifications.

If labor productivity and qualifications are equal, preference in remaining at work is given to:

family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is their permanent and main source of livelihood);

persons in whose family there are no other independent workers; employees who received a work injury or occupational disease while working for this employer;

disabled people of the Great Patriotic War and disabled combatants in defense of the Fatherland;

employees who improve their qualifications in the direction of the employer without interruption from work.

Labor legislation does not provide for any benefits for an employee of retirement age who has shares in an enterprise.

That is, the employer has the right to lay you off if the benefits for remaining on previous position you do not have.

However, the employer is obliged to carry out the reduction procedure in accordance with legal requirements.

This is what Article 180 of the Labor Code of the Russian Federation says:

“When carrying out measures to reduce the number or staff of an organization’s employees, the employer is obliged to offer the employee another available job ( vacant position)" .

This is exactly what your employer is trying to do.

“Employers are notified by the employer personally and against signature of the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization’s employees, at least two months before the dismissal.

The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal period.”

That is, the employer is obliged to notify you in writing 2 months before the date of the proposed layoff, and also obtain your consent to the transfer.

The transfer also includes lower-level positions with lower pay.

The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

If you do not agree to the transfer, the employer is obliged to lay you off by paying you severance pay.

You, as a dismissed employee, must receive a layoff benefit in the amount of one average salary on the day of dismissal along with wages and compensation for unused vacation. This is a reduction payment for the first month of unemployment.

For example, you are fired on April 24, 2013. All payments must be made on this day. If you are laid off, you receive compensation for the first month of unemployment: from April 25 to May 23.

If you have not been paid wages or compensation for vacation or severance pay upon dismissal, then you need to go to court.

Do not wait! Don't miss out! You have only 3 months from the date of dismissal to go to court.

In addition, according to the Law on Employment, the employer is obliged to notify the employment service authority of the upcoming release of workers at least two months in advance.

You have the right to be assigned an early age pension by the employment service, provided that you apply there and are unable to find a job.

Article 32. Conditions for extending the payment of unemployment benefits and early retirement

1. Citizens who have not reached the age of 60 years for men and 55 years for women and have an insurance period of at least 25 and 20 years for men and women, respectively, as well as the necessary length of service in the relevant types of work, giving them the right to early assignment of a labor pension for old age, provided for in Articles 27 and 28 Federal Law"On labor pensions in Russian Federation", the duration of the unemployment benefit payment period increases beyond the established 12 months by two calendar weeks for each year of work exceeding the insurance period of the specified duration. In this case, periods of work and other activities are included in the insurance period and other periods established in Articles 10 and 11 are taken into account. the specified Federal Law.

The total period for payment of unemployment benefits cannot exceed 24 calendar months in total for 36 calendar months.

2. At the proposal of the employment service authorities, in the absence of employment opportunities, unemployed citizens from among the persons specified in paragraph 1 of this article, dismissed due to the liquidation of the organization or a reduction in the number or staff of the organization’s employees, with their consent, may be assigned a pension for the period until age , giving the right to an old-age labor pension, including an early-assigned old-age labor pension, but not earlier than two years before the appropriate age.

The size of this pension is determined according to the standards of the basic and insurance parts of the old-age labor pension established by the Federal Law “On Labor Pensions in the Russian Federation”. In this case, paragraphs 6, 7, 9, 10 and 11 of Article 14 of the said Federal Law do not apply.

Upon reaching the age that gives the right to establish an old-age labor pension, including an early assigned old-age labor pension, the recipient of the pension assigned in accordance with this paragraph has the right to transfer to an old-age labor pension (part of the old-age labor pension) in accordance with with paragraph 7 of Article 19 of the said Federal Law.

In addition to the pension assigned in accordance with this paragraph, a long-service pension may be established in accordance with Article 7 of the Federal Law "On State pension provision In Russian federation".

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

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.

The reduction of an employee of 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. The latest news suggests that people of pre-retirement age will become one of the most protected categories when fired or laid off.

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.

At standard version reductions, the employer will prefer to keep more young specialist, but by 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’s reinstatement if he goes to court or the labor inspectorate.

In accordance with the 2018 regulations, the reduction of pre-retirement year employees is regulated by 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 not be possible 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 other unemployed people).

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 with 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 standard view, 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. also in mandatory The employment center is notified 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 violation 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 have unemployed status. 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 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 each additional year beyond 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 workers 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.

An early pension when an employee is laid off at pre-retirement age can be granted if no more than five years remain until retirement age. Other conditions listed below must also be met.

Everyone knows that in Russia you need to reach retirement age to retire. In 2019, it is 55.5 years for women and 60.5 years for men, but by 2023 the age will reach 60 and 65 years, respectively. In addition, appropriate work experience is also required. But what should a person do if he was fired before retirement due to staff reduction? Get a job new job many often do not have the opportunity, since employers, as a rule, need young staff. In such a situation, there is another way out - to retire earlier than the established deadline. The Federal Law “On Employment of the Population in the Russian Federation” regulates the procedure for assigning early pensions in case of staff reduction in 2019.

Let us remind you that starting from 2019, the liability for employers who illegally dismiss pre-retirees or refuse to hire them has been tightened: a fine of up to 200 thousand, compulsory work up to 360 hours or jail time.

For general information

According to the law, people who have been laid off due to staff reduction are retained their average monthly salary. wage for the period of their employment. However, you must remember that this period is limited by time and cannot exceed two months (in exceptional cases - three months). Therefore, even if it was not possible to find a new job during this period, the payment of average monthly earnings by the former employer will still stop. After the specified two months, the dismissed employee is recognized as unemployed, and unemployment benefits begin to be paid to him (if he independently contacts the employment center). You can receive it within 12 months. In 2019, an increased unemployment benefit was established for pre-retirees - instead of 4,900 rubles, they will receive 11,280 rubles.

If a dismissed employee is near retirement age and has the required insurance coverage, the payment of benefits to him may be extended. For each year exceeding the minimum length of service, two weeks of unemployment benefits are due. Therefore, the higher the length of service, the longer you can be on government support. However, you need to remember that in general, for 3 years you can receive benefits in an amount no greater than the total for 2 years.

Early retirement due to staff reduction

In order for an early old-age pension to be granted when staffing is reduced, several conditions must be met:

Firstly, a citizen must have an insurance period: for pre-retirees, according to the new reform, it has been reduced to 42 years for men (from 45 years old) and to 37 years for women (from 40 years old). Sufficient length of service may be less if the work was carried out under special working conditions.
Secondly, the person must be recognized by the employment service as unemployed.
Thirdly, there must be no possibility of employment, otherwise there will be no talk of any early retirement.
Fourthly, no more than five years must remain before reaching the retirement age that was current at the time of dismissal/downsizing.

Only if all of the above conditions are met is there a chance that a person will be sent to retirement early. However, most often the employment center tries to provide an unemployed citizen suitable job, and only in the absence of such a possibility can the question of assigning a pension be raised.

Early pension in case of staff reduction is assigned to a person at the proposal of the employment service authorities. However, if a citizen who has lost his job has no desire to retire early, he may refuse such an offer. According to the law, when an employee of pre-retirement age is laid off, an early pension is assigned to him until he reaches retirement age. Subsequently, he can switch to an old-age insurance pension.

To apply for a pension, you must write an application to the employment service, on the basis of which a written proposal will be issued to send the person to a pension. This proposal should be submitted to Pension Fund within a month. If this is not done, the application will be considered invalid. The only reason for extending its term is considered to be the illness of a citizen.

It is also very important to keep in mind that if, after some time has passed after the pension was assigned, a citizen gets a new job, then an early pension in case of staff reduction will not be paid to him. You can count on restoration of payments only after termination of work. Therefore, the choice - to receive a pension or salary - remains with the citizen.

Refusal to apply for early retirement

In some cases, a person may be denied an early pension. For example, early registration of a pension in case of staff reduction cannot be made if the unemployed person repeatedly refuses vacancies offered to him by the employment service authorities. It will also not be possible to apply for a pension during the period when unemployment benefits are suspended or their amount is reduced.

How many years is pre-retirement age? Let's find out in this article. To receive a pension in the Russian Federation, an insurance period of work is required, and a scale is used, according to which the right to receive 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 severe 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 redundancy. 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 an old-age pension, if they have had a certain work. 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, the Labor Code of the Russian Federation and Article 32 of the 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 throughout the entire labor activity 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 given wages for the last month of his work, and, in addition, compensation is provided for unused vacation, if any. 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.

A reduction in numbers or staff taking place in an organization may affect other employees of pre-retirement age. The realities of the labor market are such that it is difficult for older people to find a new job, and they still have to live until retirement.

Let’s consider whether the procedure for laying off “pre-retirees” differs in any way, and whether there are benefits for such a doubly unprotected category.

Labor legislation on layoffs

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

clause 2, part 1, art. 81 of the Labor Code of the Russian Federation establishes as a basis for the dismissal of an employee at the initiative of the employer a reduction in the number of employees carried out in the organization; Part 3 of the same article talks about the procedure for laying off an employee;
Art. 82 of the Labor Code of the Russian Federation regulates the procedure for taking into account the opinion of the trade union body on the dismissal of a redundant employee;
Art. Art. 178 - 180 of the Labor Code of the Russian Federation are devoted to guarantees and compensation for laid-off workers, including the issues of establishing advantages for remaining at work during layoffs.

Persons of pre-retirement age are not mentioned as a separate category of workers in the Labor Code of the Russian Federation; The specifics of the procedure for their reduction have not been established.

Pre- and retirement age

Currently according to general rule Old-age pensions are granted to citizens upon reaching 55 years of age for a woman or 60 years for a man. In some cases (work in conditions deviating from normal conditions) it is prescribed earlier.

The legislation itself does not contain the concept of “pre-retirement age”. Traditionally, it is understood as the age several years before retirement and the appointment of a pension.

First stages of reduction

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

After making a decision to reduce the number of employees, the commission or responsible person clarifies the preferential right to keep employees whose staff positions were laid off (according to Article 179 of the Labor Code of the Russian Federation).

To do this, it is first established which of those being laid off 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 layoffs to an employee with higher qualifications.

In cases where both the productivity and qualifications of those being laid off are the same, the rules of Parts 2 and 3 of Art. 179 of the Labor Code of the Russian Federation on preference in keeping employees at work:

having two or more disabled dependents;
in whose family there are no other workers with independent income;
previously received a work injury or occupational disease from this employer;
who are disabled during combat operations in defense of the Fatherland;
those who improve their qualifications in the direction of the employer without interruption from work;
belonging to categories whose preferential right to remain at work is secured by the collective agreement of the organization.

Such a benefit during layoffs under a collective agreement is often given, for example, to employees of pre-retirement age working in an organization.

Dismissal due to reduction

If an employee is recognized as not having a preferential right, then the process of dismissal begins to reduce the number or staff of employees.

But first, he is asked in writing to transfer from his to another vacant position in the organization (Part 3 of Article 81 of the Labor Code of the Russian Federation), which may either correspond to his qualifications or be lower-ranking or lower-paid. There is only one condition - the employee must have no medical contraindications for this work.

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

A prerequisite for the legality of layoffs of an employee is his written personal warning by the employer about future dismissal under clause 2, part 1, art. 81 of the Labor Code of the Russian Federation within a period of no later than two months, carried out against signature (except for cases of early dismissal provided for in Part 3 of Article 180 of the Labor Code of the Russian Federation).

When laying off an employee who is a trade union member, it is necessary to take into account the opinion 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 employee’s dismissal due to reduction is subject to all the rules of Art. 84.1 Labor Code of the Russian Federation.

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

Benefits for pre-retirement layoffs

Legislation in other industries provides for some benefits for laid-off “pre-retirement” workers.

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

At the proposal of the employment service authorities, if there is no opportunity for employment for these citizens, if they have the necessary work experience, they may be assigned an old-age pension early (but not earlier than two years before retirement age).

In addition, some industry agreements (for example, the Federal Industry Agreement on Communications Organizations and information technologies Russian Federation for 2015 - 2017) provide for the early assignment of pensions to laid-off “pre-retirement” workers through non-state pension funds.