The Ministry’s specialists examined the situation: the employee worked under a fixed-term employment contract, which was signed before the main employee returned from maternity leave. During this time, the employee moved into early retirement status. And the employer asked for clarification on the dismissal procedure in such cases.
The Ministry of Labor indicated that the Labor Code does not contain specific provisions for terminating an employment contract with an employee of pre-retirement age. If the relationship was concluded during the parental leave of the main employee, then in connection with his departure, the early-retired employee may be dismissed in accordance with general rules. It has no additional benefits or guarantees.
“In fact, in relation to people of pre-retirement age, the law establishes additional employment guarantees. In particular, these people cannot be denied employment or/or dismissed on the grounds of pre-retirement age. this,” explained the Pepelyaev group. But this will only happen if the employer deliberately discredits the pensioner.
Otherwise, an employment contract with an early-retired employee may be terminated, as is the case with ordinary employees, for example, in the event of dismissal, following the results of a trial period, if a negative decision is made regarding the employee, when the main employee returns to work, if the pre-retirement employee worked on a fixed-term contract during his or her absence as a main employee, the company explained.
