The percentage of working pensioners in the country is only increasing every year. However, having a lot of experience does not always save an employee from a forced termination of employment.
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Any dismissal procedure must take place in compliance with the norms and rules prescribed by law, but when depriving a pensioner of a position, the employer must take into account a number of nuances regarding two-week work.
The legislative framework
The entire dismissal procedure must take place in accordance with the articles of the Labor Code. So, a retiring employee can refer to Article 80 of the Labor Code of the Russian Federation, which clearly outlines all situations when a person is required to undergo a two-week work off, and when it is permissible to stop full-time employment on the last working day.
Also, working pensioners can refer to the Federal Law No. 173 and No. 166, which describe all types of pensions provided to both working and retiring citizens.
However, the data legislative acts do not give clear explanations about what type of pension provision is necessary to receive dismissal benefits, which creates the need for judicial settlement of the conflict that arises when it is impossible to reach an agreement between the employee and the manager.
Clarifications of Rostrud
Dismissal of a pensioner without working off two weeks: explanations of Rostrud - each case of dismissal is included in a certain category, which has its own terms.
Not always in the process of breaking off labor relations between the boss and the subordinate, conflict situations. Most often, the procedure takes place in accordance with applicable law and allows the pensioner not to work out a two-week period.
So, the following can count on the absence of working off during the usual dismissal procedure:
- all persons recognized as pensioners. At the same time, the type of pension provision does not play a special role;
- citizens who have reached an agreement with the head that allows the resigning person not to work out the prescribed period. At the same time, this fact must be documented in order to avoid possible consequences;
- people who have previously stopped labor activity due to retirement, but resumed it again. If there are good reasons provided for by the legislation of the Russian Federation, such citizens can leave work on the day the employment contract is terminated;
- citizens whose work book does not contain a record of dismissal due to retirement. This rule also applies to cases where this was the main reason for dismissal, but it is not reflected in the work book.
It is worth noting that when dismissing or applying for a new job, it is necessary to carefully check the wording that was included in the Labor Code, since the final length of service and the entitlement benefits may depend on it.
With regard to military pensioners, here the main attention is paid to the recruitment process. If a:
- a person got a job even before he retired, then the dismissal occurs without working off;
- the employee was accepted into the organization after being assigned the status of a military pensioner, then the employer has the right to demand a two-week working off.
Also, military pensioners may face the problem of receiving benefits due after dismissal, if he has previously used them.
Most often, the final decision on working out is made by the employer himself. This is due to the lack of clear instructions in the legislation depending on the type of pension.
Dismissal procedure
Reaching retirement age is not a reason for dismissal. In such a situation, the manager can transfer the employee to another position, but this requires obtaining the written consent of the person himself.
In other cases, the break in relations between the pensioner and the employer is carried out on a general basis, that is, at the initiative of one of the parties or by agreement.
In general, the procedure for terminating an employment relationship with a pensioner is no different from the usual one. The only exception is that a pensioner is given the opportunity to exclude a two-week working off.
If a staff reduction procedure is carried out, then pensioners have a priority right. In such a situation, the procedure for dismissal is as follows:
- obligatory written notification of a person about the intentions of the head. The fact of acquaintance of the employee with the document is confirmed by the signature;
- issuing a decree and amending the staff list, in which the position previously held by a pensioner should be absent;
- familiarization of a person with other positions suitable for his level of qualification;
- issuing a dismissal order if the pensioner in writing refused the proposed positions;
- making an appropriate entry in the work book and making a full payment.
The need and duration of the training may vary depending on the situation:
- if a person wrote a letter of resignation, justifying it with retirement, then he should not work out a two-week period;
- if the application contains the wording “I ask you to dismiss own will as a working pensioner”, then it is necessary to work out within three days;
- if the application contains only a request for dismissal of one's own free will without indicating the retirement age, then the working time is 2 weeks;
- if the rupture of labor relations occurs due to staff reduction, then a person may quit earlier than other employees, but for this it is necessary to obtain an agreement from the employer.
Sample application:
Regardless of the reason for the dismissal, the pensioner can independently agree with the manager on the cancellation of the working period. This agreement must be documented in duplicate and signed by each of the parties.
Payments and compensation
On the last working day, a full settlement must be made with the pensioner, at which he is paid:
- wages for work worked last month time;
- compensation for vacation that was not used;
- severance pay for a few months if the dismissal was due to a reduction in staff.
The remaining payments are made at the discretion of the employer and subject to additional agreements concluded within the company.
It is worth considering that all bonuses and additional payments prescribed in the contract are also paid. If there is an agreement between the working pensioner and the management, then the payments include the entire list of prescribed.
Peculiarities
Each type of dismissal has its own characteristics that should be considered. Each option for terminating the contract has its own payment procedure, which is regulated by the dismissal procedure of a certain nature.
Of your own accord
At their own request, a pensioner can leave any job already for retirement, but in this case it should be an initial transition. You can't retire twice. Therefore, working off has its own terms for each case.
Retirement does not have a working off. The application is written with the wording "in connection with retirement."
If there is a secondary dismissal after retirement, then the working off will be standard, that is, the period is 14 or 3 days, depending on the indication in the application that the person is a working pensioner.
For downsizing
The staff reduction procedure allows pensioners to leave on general grounds, since they are the same employees as the rest of the categories of workers. This allows them to receive all payments or the provision of new jobs.
Employer's liability for violations
If the manager did not comply with the norms prescribed in the Labor Code when dismissing a pensioner, then the person can apply to the court.
If there is evidence, the court may oblige the manager to pay the pensioner moral and material damage, as well as impose penalties in the amount of 30,000 to 50,000 rubles. It is also possible to apply disciplinary action and suspension from work for a certain period.
Most employers do not seek to dismiss pensioners, but to transfer them to other positions in order to obtain greater profits from the knowledge that a person has. However, if there are necessary reasons, the employment contract with a pensioner can be terminated at any time.
At the same time, there is not always a need for a mandatory two-week working off. If a person indicates retirement as a reason, then the period of working out is canceled.
Last update: 15.02.2020
Starting in 2019, the notorious pension reform kicked off, raising the retirement age. One of the reasons for the resentment of citizens about this was the unwillingness of employers to accept candidates of pre-retirement age for vacancies. How the dismissal of a working pensioner differs from other employees worries many.
Russian legislation provides for the right to take a well-deserved rest, receiving pension payments if there is an insurance period sufficient for the appointment of a pension and an individual coefficient.
In stages, the age limits when you can claim a pension, in normal cases:
- 65 years - for men;
- 60 years - for the beautiful half of society (women).
Benefits are preserved for people who have worked in special, harmful, hazardous to health and life conditions. If they have a certain number of years of special and general insurance experience, they can leave work and receive a pension earlier.
Often, pensioners are in no hurry to leave their jobs, but after making payments, they continue to work. It is not always connected only with the possibility of obtaining additional income. Some of them simply cannot imagine themselves without communicating with people, realizing the feeling of their need for others.
Let's talk about the nuances of whether it is possible to dismiss a pensioner without his consent.
Let's take a closer look at the answer:
- what rights and benefits people have who continue to work in retirement;
- under what circumstances can a pensioner be fired, is it possible without his consent;
- to other exciting questions.
Grounds for dismissal of a pensioner
We note right away that labor legislation does not provide separate grounds for terminating employment relations with persons who have reached retirement age and continue to work in organizations of any form of ownership (or for individual entrepreneurs).
The main reasons for terminating the contract are defined by the Labor Code (Article 77).
Let's consider the most common of them in more detail. We will answer whether a pensioner can be fired from work.
At the initiative of the authorities
From the point of view of the law, if there are grounds to part with a subordinate at the initiative of the employer, there are no exceptions for pensioners.
In general, a working pensioner will be fired:
- if the enterprise is liquidated in case of recognition of it as bankrupt or by decision of the owner;
- when a reorganization is taking place and a reduction in headcount or staff is planned;
- after certification, indicating an insufficient level of qualification, if a discrepancy with the position held is revealed;
- if he occupies a leading position and the owner of the enterprise has changed;
- there are repeated remarks, reprimands were announced for violating labor discipline;
- for gross violations of discipline even in isolated cases (absenteeism, drinking, etc.);
- in other situations, provided for by the norms of Art. 81 of the Labor Code of the Russian Federation.
When a subordinate is dismissed by the owner (or manager), related only to his age, you can appeal against the actions of the employer:
- to the supervisory authorities - the territorial labor inspectorate at the place of registration of the legal entity (the actual location of the entrepreneur), the prosecutor's office;
- directly through the court.
At the discretion of the pensioner
You can always terminate an employment relationship at your own will.
The law requires that the employer notify the employer at least two weeks in advance in writing of the intention to leave work.
Moreover, if during the time of working off the employee changes his mind about leaving, you can withdraw the application, unless another person was invited to the vacant place by transfer from a third-party organization.
Also, if at the end of the two-week period he continues to perform labor duties without insisting on filing a dismissal, the employment relationship remains valid.
According to the third part of Art. 80 of the Labor Code of the Russian Federation, the law makes an exception for persons leaving due to retirement. The employer must complete the full calculation for them, without forcing them to work.
By agreement of the parties
The law (Article 78 of the Labor Code of the Russian Federation) allows early termination of labor relations if the parties were able to agree and do not have any claims.
In this case, the dismissal of a working pensioner at the initiative of the employer can also be only after obtaining his consent.
Both the employer and the subordinate himself can offer conditions favorable to each of the parties.
It is not necessary to draw up a written agreement stipulating the implementation of certain points. It is enough to indicate in the letter of resignation as the basis - the agreement of the parties.
Practice shows that employees often use this if they do not want to or, due to circumstances, cannot be delayed for the required two-week work period.
Violators of labor discipline also agree with this wording in order to peacefully part with the employer without spoiling their reputation in the work book.
Rights and benefits of a working pensioner
Speaking about whether a pensioner can be fired without his consent due to old age, the answer is categorical - no.
It remains the right of only the person himself to continue working further or to go on a well-deserved rest. The situation is similar for the employment of retired persons.
For example, a person, having retired from the enterprise, having taken out a pension, after a certain period of time decided that he did not want to sit idle at home. Most often, the purely material side of the matter forces one to make such a decision, regrettably to state, but this remains a fact.
The employer does not have the right, if there is a vacancy, to refuse employment to a pensioner, referring to his age.
Otherwise, it will be recognized as a gross violation of labor legislation - discrimination of human rights. To protect your interests, you can file a lawsuit in the judiciary. Naturally, it is unlikely that normal labor relations will develop in the future with this employer.
Additional benefits are evidence that the legislator provides for the right to continue working further while receiving a pension.
In Art. 128 of the Labor Code of the Russian Federation, the right of a working pensioner is fixed:
- during the calendar year, in addition to the mandatory annual paid vacation, at any convenient time, take an additional free vacation of up to 14 days.
- If the pensioner is recognized as disabled, the employer is obliged, at the request of the employee, to provide him with additional rest up to 60 calendar days.
notice, that additional leave can be used immediately, or broken into parts. At the same time, the remaining unused days are not transferred to the next calendar year.
Does the owner have the authority to dismiss pensioners at his own discretion?
The mere fact that a person has the right to retire upon reaching the age established by law cannot serve as a reason to force him to retire if:
- he himself does not want it;
- for medical reasons, able to perform labor duties;
- there is no justified reason to dismiss him at the initiative of management.
Nuances
With an employee who indicated in the application a specific desire to leave work due to retirement, the contract must be terminated on the date specified by him.
In what cases is a pensioner fired with working off?
On the legality of the requirement to work off upon dismissal of a pensioner who got a job after he was on a well-deserved rest, opinions differ.
By all logic, he cannot retire again, since he has already issued it, and he himself expressed a desire to work again.
On the other hand, this can be regarded as the impossibility of continuing to work further.
We must pay tribute to the fact that, as a rule, if the decision to dismiss a working pensioner is made on his own initiative, employers do not force him to work, even if a person has found a job after retirement.
But, if the employer issues a dismissal 2 weeks after the pensioner's application, this is not considered a violation of the law.
How is the dismissal of a pensioner on their own initiative
Upon receiving a statement indicating that an employee wants to leave work due to retirement, the employer:
- issues an order;
- makes an appropriate entry in the work book;
- prepares mandatory accounting statements;
- makes a full payment and issues the documents on hand within the time specified when applying.
If a working pensioner indicates only his own desire as the reason for dismissal, the contractual relationship is terminated after a two-week period.
Compliance with the requirements for dismissal at the initiative of the authorities
In order to avoid conflicts, the employer is obliged, despite the fact that the dismissed person, in fact, is a pensioner, to fulfill all mandatory procedural measures, using the right to terminate the employment contract unilaterally.
For example, when dismissing an employee “under the article” for absenteeism, it is necessary to demand a written explanation from the guilty person. Only two days later, if the employee does not provide supporting documents and a written explanatory note, it is possible, after drawing up the relevant act, to issue a dismissal order.
Moreover, it is impossible to issue a dismissal while a person is on vacation, undergoing treatment or undergoing a rehabilitation period.
Also, do not forget that you can be held liable within a month after the day when the violations became known and the employee’s guilt was proved, if the violation of the terms of the employment contract itself occurred no more than six months ago.
Exceptions are only cases of detection of guilty actions in the course of an audit or audit.
In such situations, the employee may be dismissed as a disciplinary sanction for a misconduct committed within the previous two years.
First of all, we note that it is impossible to dismiss an employee for reduction, only referring to his retirement age and payments received.
When the enterprise is liquidated (by the decision of the owner or the bankruptcy court), it is clear that all employees will be fired.
If the employer decides to reduce the number of workers or staff, the issue of choosing candidates who fall under dismissal is more scrupulous.
They take into account the length of service and work experience of employees, their attitude to the performance of labor duties. Most often, the advantage in staying at work from this point of view lies with the working pensioner.
But, if, for example, there is a choice of whom to leave at work if necessary to reduce the staff unit - a mother of two children or a working pensioner, of course, even with all the advantages of the latter, it is he who will fall under the reduction.
This is understandable, since there is an additional source of income.
Other privileges guaranteed by the legislation are taken into account.
In any case, the procedural order must be observed:
- at least two months before the dismissal, the selected candidates must be notified in writing against a personal signature about the upcoming reduction;
- if there are vacancies, the employee must be offered a transfer;
- in case of refusal to transfer (in the absence of suitable vacancies), the employment relationship with the employee is terminated.
When can you be fired for seniority?
The amendments to the pension legislation did not affect the benefits for people who worked in special, harmful, hazardous to health and life conditions.
If they have sufficient special and general insurance experience, they will be able to retire earlier.
Assign and pay monthly pension payments in the presence of a special length of service (by length of service):
- without taking into account the actual state of working capacity;
- persons younger than the established age for the right to receive an old-age pension.
If in doubt whether a pensioner can be fired without his consent based on length of service, you can refer directly to industry agreements.
Legal and legislative acts indicate that in this case there should be an initiative of the person who received the right to early rest.
Features relating to the termination of employment relations with persons of pre-retirement age
If there are no more than 5 years left before receiving the right to pension, it is considered that the person is in the pre-retirement age.
In case of dismissal of such an employee, referring to the age category, the employer will be held liable:
- administrative (under Article 5.27 of the Code of Administrative Offenses of the Russian Federation);
- or criminal (changes in Article 144.1 of the Criminal Code of the Russian Federation are effective from 2019).
Settlement with a working pensioner upon dismissal
Regardless of the reasons for the termination of employment relations with a working pensioner, on the last working day they are required to pay in full, pay all amounts due:
- earnings for actually worked time from the date of the last payments;
- in the case of the remaining unused days of paid leave - monetary compensation based on the average earnings for the previous year.
If a pensioner has been made redundant, he is given a severance pay in the amount of his average monthly earnings. The right to receive payments remains for the second month if the person has not found a new job.
In addition, the allowance will be paid the amount of the average earnings for two weeks, if:
- due to health reasons, the employee cannot continue to perform his labor functions;
- the pensioner refused to transfer to light work (or the employer does not have suitable vacancies);
- if there is a medical opinion that the working pensioner is recognized as completely disabled.
Local legal acts of internal use (in particular, a collective agreement) may provide for an additional payment to employees who leave due to a well-deserved rest.
Legislative framework governing the dismissal of pensioners
Any issues related to labor relations and their termination are regulated by the Labor Code.
Depending on the sphere of production, one should be guided by other federal laws relating to labor law, industry agreements.
For violation of guaranteed rights, employers are liable in accordance with administrative and criminal legislation.
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The rules for dismissal of employees are spelled out in the Labor Code of the Russian Federation. The dismissal of a socially unprotected category of citizens should take into account certain features that do not apply to other categories of workers:
- The pensioner must submit an application indicating the reason - in connection with retirement;
- The Labor Code provides for the dismissal of a pensioner without a two-week working off, if he indicated the reason for dismissal - retirement (paragraph 3 of article 80 of the Labor Code of the Russian Federation);
- For preferential dismissal of a pensioner, he does not need to provide documents confirming the benefit (pension certificate);
- Retirement is not a reason to dismiss an employee, it provides for the person to acquire legal grounds for receiving a pension benefit;
- Since the Labor Code of the Russian Federation does not provide for a period between the onset of pension grounds and the dismissal of a person, the employee can continue to work after retirement, and the employer does not have the right to personally set the term for his dismissal and thereby influence the decision of the person;
- When submitting a letter of resignation with retirement, the employee must indicate in it the desired date of dismissal;
- The dismissal of a pensioner is carried out at the time he wants, regardless of the date of retirement.
The existence of mandatory rules for the employer upon dismissal of an employee in connection with his retirement includes certain conditions for the employee himself, who has acquired the right to social benefits.
How to quit your job as a pensioner
The law determines that those citizens who are assigned old-age pensions on any grounds, including preferential and early pensions, are considered pensioners.
If at the time of dismissal the reason was indicated - retirement, then the employee is provided with a legal benefit and the dismissal of the pensioner of his own free will occurs without working off. And the employer must carry out the dismissal of the pensioner exactly at the time that he indicated in the application. He cannot do this later than the date indicated in the application (Determination of the Moscow City Court dated May 30, 2013 No. 11-14536). At the same time, retirement is not a reason for the employer to automatically dismiss an employee; he cannot dismiss him on his own initiative. Dismissal takes place on general terms in a declarative manner.
Is it necessary to work out upon dismissal of pensioners
Do you have to work 14 days when you retire? Depends on one thing. Upon dismissal of his own free will, a pensioner must work for 2 weeks, if in the application he did not indicate the reason for dismissal - retirement. In this case, he is obliged, on general terms, to notify his employer of his desire to stop working two weeks before the very fact of dismissal. This time is given by law, and it is necessary for the employer in order to find a replacement for the position of the employee. If the employee does not indicate a preferential reason for dismissal (retirement), then the rule of no working off does not apply - he is obliged to work for two weeks at the request of the employer. He can not work out this time in agreement with his superiors, they have the right to release the employee earlier than in 2 weeks.
The wording "retirement" is accepted as a good reason for granting a person the exclusive right to dismiss. If it is not specified, then general rules dismissal of one's own free will and for a pensioner.
A pensioner may be dismissed for organizational or production reasons, taking into account age features. For example, in connection with the impossibility of the pensioner to fulfill his labor duties. In this case, he can be transferred to another place of work with more light conditions labor and only with the written consent of the employee.
With a reduction in staff, the pensioner should be offered a transfer to another position while maintaining the current level of wages. And in this case, he must be notified of the reduction in writing along with other employees. Under such circumstances, the pensioner has the right not to work out a two-week period.
The procedure for the dismissal of a pensioner at his own request:
- The pensioner submits a letter of resignation (with an indication of the reason);
- The head issues an appropriate decree on the basis of the application;
- The personnel service prepares documents for dismissal and transfers them to the accounting department;
- The accounting department calculates the due cash payment to the pensioner on a general basis;
- The employee fills out and submits a bypass sheet;
- At the final settlement, he is issued a work book.
How to fire a pensioner in Russia in 2020? The basic concepts, procedure, benefits upon termination of employment - you can learn all this from this article.
The necessary information
Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FOR FREE!
Currently, quite often people continue to work after reaching old age.
This fact sometimes forces the employer to fire the employee, as his productivity decreases, his health worsens.
Another reason for dismissal is that the employer is interested in the development of young professionals.
Important Concepts
| pensioners | These are citizens who have state old-age pensions, preferential and early pensions. This category of the population is vulnerable |
| Dismissal | This is the termination of an employment relationship between an employee and an employer in an organization |
| severance pay | Accrual to an employee upon dismissal in the amount of the average monthly salary |
| Working off | Upon termination of the employment contract, the employee must notify the employer in writing at least 14 days in advance |
How to fire a pensioner without his desire by law in 2020
To carry out the dismissal of an employee of retirement age without his desire, the employer must act exclusively legally (under labor law).
Otherwise, the process may go to court. Then the pensioner may demand reinstatement and payment of moral compensation. As a rule, the court in most cases takes the side of an elderly employee and defends his interests.
In the dismissal procedure, the employer must show knowledge of the law and correctly apply it. It is categorically not allowed to focus on the receipt of pension accruals by an employee and recognize this fact as a reason for dismissal. It's considered a violation of the law..
According to Article No. 3 of the Labor Code of the Russian Federation, an employee of retirement age cannot be fired if he does not give his consent to this.
The exception is cases of liquidation of enterprises, violations at the workplace by the employee. In the event of a forced dismissal, the pensioner can file a lawsuit in court, and the court often takes the side of the employee.
Current regulations
The main current standard on the issue of dismissal of employees of retirement age is the Labor Code Russian Federation, articles 77, 78, 80, 81. According to the Labor Code of the Russian Federation. According to this decision, the achievement of retirement age by an employee is not a good reason for his dismissal.
Basically, dismissal without the consent of the parties in this case will be considered discrimination on the basis of age. In accordance with article No. 127 of the Labor Code of the Russian Federation, a retired employee is entitled to receive compensation for unused vacation.
Also, the issues of dismissal of pensioners are regulated by Federal Law No. 400 dated January 1, 2015 and Federal Law No. 173 dated December 17, 2001 “On labor pensions in the Russian Federation”.
Main aspects of the issue
The legislation of the Russian Federation does not provide for the possibility of dismissal of an employee solely because he reaches retirement age.
However, a retired employee can be dismissed on a general basis. Under current legislation, a pensioner and a young employee are equal in their rights, in addition, the court is almost always on the side of the pensioner.
Order of procedure
The process of dismissing a retired employee is complex. The law does not provide for special measures for the dismissal of workers of retirement age. However, the employment contract can be terminated due to violations by the employee.
There are several ways to dismiss an elderly employee: by general agreement, at the initiative of the employer, or at the discretion of the pensioner.
By agreement of the parties
One of the recommended ways to legally dismiss a pensioner is a bilateral agreement. In this case, the termination of the employment contract occurs at the initiative of both parties. A sample letter of resignation by agreement of the parties is possible.
In this case, an agreement is concluded on termination of the contract (in two copies) indicating the amount of severance pay and a decision on the completion of working off.
The initiator of the dismissal can be both the employer and the employee. After signing the agreement, the employer draws up an order to dismiss the employee and fills out a work book.
Once the contract is signed, it cannot be cancelled. Revocation of the agreement can be carried out only by mutual agreement of the parties.
Sometimes an employer offers an older employee to move to an easier job. This may be due to health problems of the pensioner.
To do this, he must have a medical report with recommendations on working conditions.
Transfer to a lighter position can be carried out only by agreement of the employee himself. In case of refusal, the employer has the right to dismiss him. It is also possible to provide part-time work - this option is the most optimal.
When downsizing
Often the reason for layoffs is downsizing. In this case, the employer refers to the discrepancy between the health status of the employee. If an employee works on the basis of an employment contract, then he can be fired after the expiration of the contract, without entering into a new one.
In accordance with Article 77 of the Labor Code of the Russian Federation, this reason is recognized as legitimate. When reducing staff, first of all they pay attention to pensioners.
There are certain rules that the employer must comply with in this matter:
- the employer must notify employees two months before the reduction;
- an official order is issued;
- the employee is calculated on the due date, as well as the issuance of all personal documents.
If a working pensioner was fired without his consent in accordance with the law (Labor Code of the Russian Federation, Article 81), then he is provided with certain guarantees.
These include the payment of a severance pay equal to the average salary of an employee (Article 178 of the Labor Code of the Russian Federation). Also, in the event of subsequent employment, a person must retain his average monthly salary for two months. This benefit is available only to working pensioners.
At the initiative of the employer
The dismissal of an elderly employee should be carried out on a general basis. There is no law that allows an employee to be fired solely because they reach retirement age.
In some cases provided for by law, dismissal may be enforced at the initiative of the employer.
These include:
- liquidation of the enterprise;
- violation by the employee of duties related to labor activity;
- inconsistency of the employee's qualifications;
- violations at the workplace (absence from work, theft, drinking at the workplace).
Own wish
The pensioner's retirement can be carried out at his own request. Every citizen of the Russian Federation has the right to receive state pensions. As a rule, such voluntary departure is not considered to be the dismissal of an employee.
In this case, the employee must personally write a letter of resignation due to retirement.
The application contains the following information:
- name of the employer;
- personal data and position held;
- a request for dismissal;
- date and signature.
There is no set timeframe between dismissal and receipt of pension benefits. The citizen himself decides when it is convenient for him to apply - directly on the date of reaching retirement age or at the actual end of employment.
What benefits are provided upon termination of employment
The legislation provides for the dismissal of a pensioner without working off a two-week period. This means that a pensioner can quit any day without giving two weeks notice of his intention.
This benefit is guaranteed by the Labor Code of the Russian Federation and is provided in connection with circumstances that do not allow a citizen to continue working. One such reason is the employee's retirement.
To do this, a citizen of retirement age may refuse to pass it, subject to the following conditions:
- a citizen has reached retirement age while working at an enterprise or organization;
- the reason for dismissal is the person's retirement.
A pensioner who has been fired can count on the following payments and compensation:
- salary and debt (if any);
- severance pay;
- vacation pay;
- payments stipulated by the employment agreement.
Thus, the dismissal of an elderly employee is a rather complicated process with many nuances. In order for the employer not to be accused of discrimination against a person by age, he must be aware of the laws in force and carry out dismissal based on them.
Retirees have a number of benefits. These include the ability to ignore the 2 weeks of detentions that are mandatory for all other citizens. However, in some cases, the legislation allows arguing about the legitimacy of the claims of this category of workers.
The legislative framework
For those who want to understand what legislative instruments pensioners should use when they leave, you should refer to Labor Code and Federal legislation of the Russian Federation, in particular:- Article 80 of the Labor Code, part 1 of which contains a requirement for a two-week working off, and part 3 contains exceptions that allow employees to finish working in the organization on the day indicated by the applicant in the submitted documents.
- Laws No. 173-FZ "On labor pensions ..." dated 12/17/2001 and No. 166-FZ "On state pension provision ..." dated 12/15/2001. They describe possible types pension provision.
When can a pensioner quit without working off?
Not every layoff that is made becomes the subject of controversy. More often, the process unambiguously complies with the current legislation and assumes the absence of working off for a pensioner. In particular:- if a citizen receives the status of a pensioner, while we can talk about any type of pension provision, even;
- upon reaching an agreement between the management and the retired pensioner, when the former officially allows not to work for 2 weeks;
- if the pensioner has already left due to retirement, got a job again, and now has another good reason, which, according to the law, allows him to leave on the day indicated when drawing up the application;
- when there is no record in the work book of a previous dismissal due to retirement, even if in fact the circumstances were such.
It is worth keeping track of all entries made in the work book, since the length of service and a number of benefits may depend on the exact wording. Employers are not always careful in such matters.
Does a military pensioner need work?
In such situations, disputes often arise. According to the law, in such cases it is necessary to take into account the moment of hiring an employee:- if he was hired before he reached retirement age, the employer must dismiss him without working off;
- if an employee got a job when he was already in the status of a military pensioner, the employer has the right to oblige him to work for 2 weeks.
Controversial situations
The problem arises if the pensioner previously quit using the benefit. Both employers, and lawyers, and the judiciary do not have a unanimous opinion whether, in this case, the possibility of reusing the preferential dismissal of a citizen is allowed. Most often, such situations are faced, for example, by military pensioners who receive status at working age, get civilian jobs, but, leaving, try to exercise their rights as a pensioner.There are several opinions on this matter, and there are court precedents for all of them:
- After receiving pension status, a citizen does not have the right to re-dismiss on a preferential basis. It is understood that part 3 of article 80 indicates the actual retirement, and not the presence of a pension status, and with it the ability to leave several jobs in turn without necessarily working days. And this is logical: the secondary receipt of pension status is illegal.
- If a citizen is already a pensioner, but has not previously used the dismissal benefit, he can be dismissed without working for 2 weeks, if the employee himself expresses such a desire. In fact, the decision depends on whether there is a record of the use of benefits in the work book.
- There is no legally prescribed restriction on providing a pensioner with the opportunity to leave without working off, which means that the right is permanent after retirement.
Dismissal on reduction
Sometimes pensioners get laid off. On the one hand, they are considered the most qualified and valuable personnel, on the other hand, the authorities often try to put working pensioners on the lists for layoffs.2 months before the planned reduction, the pensioner is informed about the situation, they are offered the available positions, if any. The situation, regardless of what was entered in the work book upon retirement, gives citizens the right to:
- quit without waiting 2 weeks;
- if necessary, vacate the position held even before the specified period, and on any day after receiving the warning.
All that is needed to exercise both of these rights is a written warning from management in the form of a written resignation letter.
How long does it actually take to work?
The legislation leaves the employer the right to have 2 weeks at the disposal to find a replacement for a departing employee. However, the period will not necessarily be so long - if there is a suitable employee in mind, the manager may agree to dismissal on any day. If there is none, the employee will have to work all 2 weeks.Sometimes the duration of processing depends on the submitted application. For example, if the date of dismissal is indicated several days or weeks in advance, a pensioner can be dismissed from work only in specified date, Not earlier. In this case, until that day, it is necessary to fully fulfill your obligations under the employment contract, no matter how many days remain until the actual dismissal.
The manager does not have the right to dismiss an employee due to retirement without his application before the date specified in the application. This applies to a transfer to a fixed-term contract, another place of work, and so on. The rights of a pensioner are carefully protected by law, and in case of violation, the court always takes the side of the dismissed citizen.
How to write a letter of resignation?
Like any eligible document, a resignation letter requires a serious approach. It depends on him when exactly the pensioner will be able to legally leave his workplace. Therefore, it is important to know that:- when recording “dismiss at will in connection with retirement”, there is no need to wait 2 weeks, and the citizen has the right to leave the very next day after submitting the document;
- having indicated the date, one cannot leave his post earlier;
- by entering “dismiss as a working pensioner”, you can reduce the working period to 3 days;
- limiting the wording "", - give yourself 2 weeks of working off.
When writing an application, you must indicate the full name of the employer, your full name and position, make a request for dismissal with the reason and date of completion of your duties in a free form. You also need to indicate the date of writing the application and put a signature. The application must be registered.
If they wish to leave their labor post, pensioners can most often do without working off, even if they have already used this right. To do this, it is enough to conclude a written agreement with the employer. But even if it was not possible to draw up one, a correctly written application helps to reduce 2 weeks to 3 days, and at the first dismissal in the status of a pensioner, working out is not clearly needed.
