Remember that the retirement age according to the law, the reason for dismissal is not. Therefore, an older worker, you must apply the same rules as any other. Accordingly, to dismiss it in the reduction of staff on the same basis. Moreover, the dismissal in this case, you must notify the employee 2 months.
But if knowledge and experience are of particular value for the development of the company in the future, it is recommended that a pensioner to leave, offering him the other vacant positions. If the pensioner wants to retire, he has the right to refuse your offer. And to do this he is obliged in written form only. After all, this paper will provide the basis for a lawful dismissal.
The same applies to the voluntary dismissal of the employee retirement age. After filing the required application, the employer is obliged to calculate it after 2 weeks.
It is possible for the dismissal of the employee-pensioner to apply a method such as stimulating the dismissal. In this case the employment contract stipulates the age and the period to which the employee should leave the workplace. In exchange, he will receive increased severance pay.
Also legal to fire a pensioner you can and in that case, if he ceased to perform his duties, began to break social norms at work, etc. You can cut it according to the article 81 of the Labour code of the Russian Federation "the Termination of the employment contract on the initiative of the employer." In it there is mention about unscrupulous employees and measures to influence them.
The only difference between the dismissal of the pensioner and a young employee is that the retiree after reduction is not necessary unemployment benefits. He's already got one social benefit - pension.