The procedure for the dismissal of a pensioner at his own request. How to fire a working pensioner if he does not want to quit himself Termination of an employment contract at the initiative of a pensioner

The dismissal of a pensioner at his own request without working off is an opportunity provided for by the current Russian labor legislation. This procedure differs from the standard exit from work. They are associated with such a concept as access to state security in old age and are manifested in questions of working off, the procedure for leaving office.

Labor legislation on the dismissal of a pensioner without working off

Article 80 of the Labor Code of the Russian Federation and its part gives detailed explanations about the dismissal of pensioners at their own request without working off.

It states that the worker has the right to terminate the employment relationship "one day" if he has reasons that prevent him from continuing his activity. Part three of this article clarifies that the reason for leaving may not be named, but if it allows the employee to receive additional benefits, then it must still be indicated.

Writing and filing an application for the dismissal of a pensioner without working off

In relation to employees of retirement years, this means that in the event of a transition to state security due to old age, a pensioner can quit without working for two weeks, according to Rostrud.

This is due to the fact that removal from a work role and receiving benefits for work is the realization of a right enshrined at the legislative level. This fact is an obstacle to the continuation of work activities. But since leaving work in this case gives the citizen the right to receive additional benefits (benefits for reaching 55 or 60 years), the reason for leaving must still be indicated in the application.

The formatting will look like this:“I ask you to dismiss me from my position (the date of dismissal set by the employee himself is indicated), in connection with retirement.”

In the application for termination of industrial relations, the employee must indicate:

  • personal data (full name) and the position of the authorized representative of the employer;
  • your last name, first name and patronymic;
  • position held;
  • request for termination of the employment contract;
  • the date from which the industrial relationship is to be terminated.

Copies of a pension certificate are not required to be attached to such a document, as required by some business leaders. This is against the law.

Terms of termination of employment relations with a pensioner

Among the directors there is an opinion that the termination of industrial relations with employees of advanced years on the day of writing the application is possible only on the day of its entry into state security. This opinion is wrong.

So article 80 of the Labor Code of the Russian Federation on the dismissal of a pensioner at his own request without working off, as well as the entire Labor Code, does not set deadlines that must be observed between access to state security for old age and the termination of production activities. This means that even after some time after the date of retirement of the employee on a well-deserved retirement, he can leave his post and independently set a deadline for this.

Peculiarities of removal from work of elderly employees and their development

The legislation specifies that access to the so-called labor pension is not a basis for suspension from work, as indicated by Article 3 of the Labor Code of the Russian Federation. However, this can happen on the own initiative of the worker. In this case, it is not required to warn about this in advance; you can leave your post on the day the application is written.

note: you can leave without working off due to access to state security due to old age only once.

This means that if subsequently a pensioner got a job in another post, when leaving it, he must indicate other reasons, for example, “of his own free will”. In this case, the head of the enterprise will have the right to appoint an additional 14 working days.

In the event of a reduction in staff or the liquidation of a company, the dismissal of a working pensioner is carried out on a general basis. Also, an employee who has reached an advanced age may be removed from his post at the initiative of the management if violations of the labor schedule are noticed and there are grounds listed in Article 81 of the Labor Code of the Russian Federation.

The procedure for terminating industrial relations with an employee of retirement age and working off in 14 days

Leaving the position, if the employee receives, is carried out according to the same principles and standards as for other employees.

The only difference is that a pensioner may not work for 14 days.

The rules for the termination of industrial relations suggest that it can occur:

  1. at the initiative of the employee;
  2. by mutual agreement of the parties.

In each case, an application is drawn up, which indicates all the required information. Further, the employer draws up personnel documents, pays the calculation.

There is also no difference between the way the dismissal occurs with a reduction in staff and the dismissal of a working pensioner of his own free will: working off in both cases is not required.

The difference between the working pensioner and the retired

Many believe that old age is the basis for receiving benefits and indulgences from the employer. This is not true. A working pensioner can also be reduced with the payment of the allowance laid down in this case. Some of the directors see in such citizens experienced workers with whom they try not to part. For others, these are the employees who are cut first. In this case, the choice depends on the head of the company.

If we talk about the terms of working off, then if you indicate the reason "retirement" - it is not required. If the employee asks in a statement to remove him from work on his own initiative as a working pensioner, then it will be necessary to work for three days. If there is no reference to this kind of circumstance, then the termination of the employment relationship is carried out in the general manner.

Important! Even if it is possible to leave your position “one day”, it is better to warn about your intentions in advance in order to receive a calculation on time and avoid misunderstandings with the organization’s chief accountant.

Calculation of a retired pensioner without working off

The procedure for the dismissal of pensioners at their own request without working off implies compliance with all other rules for conducting such procedures. This means that in the event of termination of production activities in connection with access to state security due to old age, the employee receives a calculation.

The calculation consists of the following parts:

  1. wages for the number of days worked in the billing month;
  2. compensation for “non-vacation” leave (if the worker has one);
  3. additional benefits - at the discretion of the employer.

In the event of a staff reduction, these payments are supplemented with an allowance for the first three months after it, and in the regions of the Far North - for the first 6 months. Such compensation can only be reduced if the employee was involved in seasonal work or refused to be transferred to another enterprise.

Thus, the need to work out upon dismissal of a pensioner for a period of two weeks depends on whether such an employee retires for the first time or repeatedly, since in fact he is already.

After reaching retirement age, many retirees decide to continue working.

There are many reasons for this, not least of which is the low level of pension provision in our country.

The average salary is much higher than the average pension, so people do not want to lose income. However, sooner or later, you still have to quit, because the ability to work gets worse over the years. But do they need to work for two weeks?

In the Labor Code of the Russian Federation, which regulates all significant relations between an employee and an employer, the term "working off" cannot be found. It only indicates the need to notify the dismissal of representatives of the organization where he works, at least 14 calendar days in advance. In other words, the employee writes a corresponding statement in 2 weeks. However, the word "development" is firmly rooted in the lexicon, so it will be used here in the appropriate context.

Reference! 2 weeks is the maximum turnaround time. In practice, an employee can negotiate with his superiors and quit much earlier.

Pensioners who work after they reach the appropriate age, carry out their labor function on a general basis, without any significant benefits and preferences. However, upon dismissal, they have the right not to work. In other words, pensioners can write a statement and leave work literally the very next day.. And this will not be a violation of labor laws.

The legislative framework

The main legislative act, which should be guided by when resolving issues related to the procedure and procedure for dismissal, is the Labor Code of the Russian Federation (RF).

It contains a complete list of the grounds and reasons for which it occurs. Yes, Art. 80 regulates the dismissal procedure. It is here that the need to warn the employer about this is indicated.

In this case, the deadline is 2 weeks. At the same time, this article states that if the dismissal of an employee is directly related to the fact that he cannot continue his labor function (including for the reason discussed in the article), then the employer is obliged to release him from the performance of the relevant duties on the date specified by the employee.

Clarification of the situation from Rostrud

The norm of the Labor Code considered above is general and cannot take into account specific situations.

However, there are relevant clarifications from Rostrud, a state structure whose task is to control compliance with labor laws in terms of protecting the interests of both employees and employers.

So, the following citizens have the right to leave their place of work without a mandatory two-week work:

  1. pensioners of all categories. The nature and type of pension provision does not matter.
  1. Employees who leave their jobs due to a relevant agreement.

Important! The agreement on termination of employment relations must be properly executed, otherwise, in the event of a dispute, it will be difficult for the employee to prove his case.

controversial points

When deciding on the dismissal of a pensioner without working out, disputes may arise between the parties to the employment contract.

So, one of the most common is that many believe that an employee has the right to use the right to a benefit only when he reaches the appropriate age, and if he continues to work further, then he needs to work out. This is not in accordance with the law since there is no mention of any age restrictions and terms in the Labor Code of the Russian Federation. In addition, the very fact of reaching old age does not oblige the employee to receive the appropriate status.

Another controversial point is whether it is possible to use this right more than once. This is a very complex question, the answer to which is not in the law. In this case, one should rely on judicial practice, which, however, is rather contradictory. Thus, in this case, each situation requires individual consideration.

Is it possible to quit without work due to early retirement

Their retirement age is lower than that of most citizens. At the same time, pensioners of these categories can use the corresponding right in the same way as other beneficiaries.

Rules for writing a letter of resignation

There is no separate and established form of paper for dismissal. However, there are rules regarding the content of this document.

So, it must be made in two copies. One of them remains with the employer, and the second, with a mark of acceptance, is retained by the employee. It is also possible to apply by mail.

The document itself must contain the following information:

  • Full name and position of the person in whose name it is drawn up;
  • Name and position of the employee;
  • reason for dismissal;
  • date of dismissal;
  • signature;
  • date of the application.

The law does not oblige to indicate the reason for dismissal. However, in the case when a pensioner leaves the place of employment, it is necessary to indicate it. The formula "due to retirement" is appropriate.

Russian working recipients of pensions have the right to leave work without prior notice 2 weeks in advance. This right is guaranteed by law. However, the possibility of reusing this benefit is not regulated, which should be taken into account, in particular, by military pensioners who acquire this status at a fairly young and able-bodied age.

Useful video

What else a working pensioner needs to know:

In other cases, general formulations will be used., containing the reasons for terminating the employment contract and a reference to the norm of labor legislation, for example: “dismissed due to the reduction in the staff of the organization’s employees, clause 2 part 1”.

The personal card is filled in according to the T-2 form or another form established along with the primary documents.

Item 9 of the personal file should contain the following information:

  • grounds for leaving work;
  • date;
  • link to the Order;
  • the signature of the employee of the personnel department and the signature of the dismissed person with a transcript.

In connection with retirement

A retired employee who has not retired after reaching retirement age has the right to leave work due to retirement. The procedure as a whole will not differ in any way, with the exception of the wording in the documents and the fact that the employer does not have the right to force such an employee to work 2 weeks after the application is submitted.

  1. Submission of an application.

Practice shows that an application should be submitted at least 3 days in advance, so that management can complete all personnel documents on time and make a calculation.

In the main part, the wording “I ask you to dismiss of your own free will in connection with retirement” must be spelled out.

  1. Order and registration of personnel documents.

As mentioned above, the work book should also contain the wording of retirement. This is necessary in order to recalculate pension payments. It is important to note that the employee will not be able to quit the second time “due to retirement”: the procedure for terminating the employment contract will be carried out in the general manner.

Possible grounds

An exhaustive list of grounds for the dismissal of persons of retirement age is established by the articles of Ch. 13 of the Labor Code of the Russian Federation.

Of your own accord

At the initiative of the employer

How do organizations dismiss employees of retirement age? Dismissal at the initiative of the head can be made only on the grounds provided for. The employer must notify his decision within the following terms:

  • in case of liquidation or reduction - 2 months in advance;
  • in case of failure to pass the probationary period or the expiration of a fixed-term contract - 3 days.

In other cases related to the guilty actions of the employee (absenteeism, drunkenness, loss of confidence, etc.), the dismissed person is confronted with a fact by obtaining a copy of the Dismissal Order.

By reduction

What payments are due?

The amounts paid to laid-off employees will depend on what served as the basis for the dismissal.

  1. At their own request (without specifying about retirement, with working off in 2 weeks) or in connection with violations of labor discipline by the employee.

In this case, only wage balances and compensation for unused vacation are relied on from payments to retired employees.

  1. In connection with retirement.

Payments remain the same, but surcharges established by the acts of the organization may be added to them. In addition to everything, the FIU must recalculate the pension within 3 months after the dismissal.

  1. Downsizing or liquidation.

Severance pay is added to the payments in the amount of average earnings, which the pensioner receives within 2 months after dismissal (within 3, if he was registered with the employment authorities immediately after dismissal).

How to protect your rights?

Protection of labor rights is carried out in accordance with.

Important! A pensioner whose rights have been violated may file a complaint against the head of the organization with state bodies or a court.

Rights protection is reduced to the following algorithm:

  • evidentiary fixation of a violation by the head;
  • contacting the labor inspectorate, the prosecutor's office or filing a lawsuit in court;
  • assistance in the investigation;
  • acceptance of the result.

When leaving, pay attention to the following points:

  • grounds for dismissal (the head of the organization should be guided only by the norms of the Labor Code of the Russian Federation, and not by his own convictions);
  • term of notice of dismissal due to reduction or in connection with liquidation (at least 2 months);
  • calculation (all due payments must be transferred to the person leaving no later than his last working day, as indicated).

Responsibility for committed violations

Persons who have 5 years left before retirement age are more protected in this regard, because. the legislator introduced criminal liability for terminating an employment contract with them in connection with reaching a certain age (

It does not matter what exactly caused the elderly person to refuse a well-deserved rest and prefer to continue working. Over time, he will still need to terminate the employment relationship. In this case, the employer needs to take into account the fact that the dismissal of a pensioner has its own characteristics. For example, in some cases, the requirement of mandatory working out within 14 days will be illegal.

The procedure for termination of employment relations is carried out in accordance with. The reasons may be ():

  • the initiative of the employee himself;
  • the desire of the employer (if the employee violated labor discipline);
  • agreement of the parties;
  • expiration of the contract;
  • liquidation of the enterprise;
  • other options.

Mandatory two-week working off is required only if the termination of cooperation is the initiative of the employee himself. This is enshrined in .

This is necessary so that the employer can prepare for the departure of an employee: find a replacement for him, transfer cases, complete projects. But for some categories of employees, other notification periods are provided:

  • 3 days - for those who are on probation (), seasonal workers (Article 296) and those who are employed under a short-term agreement ();
  • 1 month for the management of the company (Article 280) and contract athletes ().

Other legislative acts regulating this issue:

Important: after a person reaches retirement age, the employer does not have the right to dismiss him only for this reason. There is also no "automatic" termination of the cooperation agreement. But the pensioner has the authority to express a desire to stop working.

When a pensioner works 2 weeks

Everything will depend on what wording was used in the letter of resignation. Formally, there are two options when a two-week working off cannot be avoided:

  1. An elderly person got a job after retirement, that is, he used the right to preferential dismissal the previous time.
  2. An employee of retirement age did not indicate in the paper that it was necessary to terminate the contract due to his retirement.

Note: in the second case, the employee will still be able to avoid the need to work. To do this, he just needs to rewrite the application.

When can a pensioner quit without working off

In order for the pensioner not to work out when the contract is terminated, certain conditions must be met. There are only two of them:

  • the retiring employee has reached retirement age, or has other grounds for assigning a pension (disability, length of service);
  • a person terminates an employment agreement for the first time due to retirement.

Note: the pensioner will then be able to continue working, however, the benefit (dismissal without working off) will no longer be provided.

Another option when the employee does not need to work out upon dismissal is the cancellation of the agreement by mutual agreement with the employer.

Does a military pensioner need work

Everything will depend on the moment the person is hired. What is meant:

  • if a person was employed even before retirement, then working off is not required;
  • if at the time of hiring the applicant already had the status of a military pensioner, then in this case the employer has every reason to demand the required two weeks of work from the employee. This position is confirmed by judicial practice.

Note: the official employment of a military pensioner may lead to possible difficulties in obtaining the benefits due upon dismissal.

However, the law does not prohibit the employer from terminating labor relations with a subordinate without demanding mandatory work off. This right can be fixed in the contract.

Dismissal on reduction

Occurs at the initiative of the employer. The procedure itself is rather complicated from a bureaucratic point of view. It consists of the required steps:

  • Management issues an order for future changes. The order indicates the positions that fall under the reduction.
  • Each employee who is included in the list of persons to be reduced is notified of this personally - under the signature.

All this is done 2 months before the start of the event. Employees whose "places" are planned to be reduced should be offered other positions in the enterprise.

For pensioners, the procedure is identical: it takes place in the same manner as for all other employees, they are entitled to similar payments. The only controversial point is that regarding the payment of the third benefit, because people of retirement age do not have the opportunity to register with the employment service and receive material assistance, since they receive a pension. True, in exceptional cases, this type of compensation is also available to them.

Persons eligible for early retirement () are allowed to retire earlier and without work when they are reduced. But the following conditions must be met:

  • required work experience;
  • inability to find a job elsewhere;
  • the retirement age is only two years lower than the established one.

To exercise this right, the employee only needs to notify the management of his desire to terminate the employment relationship, without waiting for the term of dismissal.

Important: Rostrud recommends that employers leave pensioners with the pre-emptive right to keep their jobs. Any suspicion that the real reason for terminating the employment contract is that the employee has reached the appropriate age will be the basis for holding management accountable (Article 3 of the Federal Law No. 197).

On voluntary resignation

A working pensioner, like any other employee of the company, has the right to dismiss on his own initiative. The employer has no authority to prevent this. But the use of such wording in an application for termination of employment will lead to the need for a two-week working off.

Dismissal procedure

The regulation is identical to that used when registering dismissal in other similar cases. Procedure steps:

  • writing an application;
  • transfer of the application to the personnel service;
  • preparation of an order (usually the unified form T-8 is used), the text of the document must contain a reference to the regulatory document (, the item is indicated the one that corresponds to the specific circumstances) and the details of the employee's application;
  • familiarization of the employee with the order (under signature);
  • a certificate of the employee's salary for the last two years is being prepared;
  • a paper is being prepared containing information about the penalties to the pension fund made during the person's work in the company;
  • making an appropriate entry in the personal card of the former employee (form T-2);
  • a note-calculation is drawn up (form T-61);
  • making payments and issuing due payments;
  • making an entry in the work book, issuing a form to a dismissed employee.

If necessary, HR specialists make copies of all documents related to the work of a person in the company.

Important: if an employee is dismissed from his position due to retirement (without working off), then this wording should be contained in his work book and in the order. But such an entry can only be one-time - repeated dismissal for this reason is impossible.

How to write a letter of resignation

This document does not have a unified form - it is compiled in an arbitrary form. But it must contain information:

  • Business name;
  • data of the employer (full name, position);
  • information about the applicant (position, full name);
  • the name of the document ("statement");
  • main text - contains a request to terminate the employment relationship and the reason why the applicant made this decision, as well as the date from which the person plans to no longer go to work;
  • date of preparation of the document;
  • signature.

Tip: the employer should not guess about the circumstances that became the basis for the cancellation of the employment agreement, so the reason must be correctly formulated in the application. If the pensioner has not yet exercised his right to a preferential termination of cooperation, then it is definitely worth mentioning that the basis for dismissal is the achievement of retirement age. Otherwise (if it is written simply "of his own free will"), he may be required to work an additional two weeks.

An example of a well-written statement:

to CEO

OOO "Dagda"

Snagin V.V.

senior economist

Alexandrova I.S.

statement.

I ask you to release me from my position from November 2, 2019 at my own request in connection with my retirement.

11/01/2019 (signature) I.S. Alexandrov


Retirement letter of resignation

What should the employer pay?

Upon termination of an employment relationship, pensioners are entitled to a standard "set" of payments. They include:

  • salary for actual hours worked;
  • compensation for unused vacation (if the employee “walked off” more time, the overpayment will be withheld, but it cannot exceed 1/5 of all payments), basis -;
  • bonus payments;
  • other payments and benefits provided for by the labor agreement (their amount is specified in the internal documents of the enterprise).

Important: pensioners are not allowed to demand the payment of severance pay from the employer, since this obligation is not fixed in the Labor Code of the Russian Federation. B contains a complete list of grounds under which an enterprise is required to pay compensation to an employee, and retirement is not included in this list. However, if this provision was stipulated in the employment agreement, then it is allowed to claim the due payments in court.

If the termination of cooperation occurs due to the liquidation of the company or downsizing, then the following payments may be additionally provided:

  • benefits for the first two months after termination of the contract;
  • if a person worked in "northern" conditions, then the payment of benefits sometimes ranges from three to six months.

In some cases, the amount of payments is reduced. For example:

  • if the employee quit due to refusal to transfer to another unit or take another position;
  • the person was engaged in seasonal work.

Important: all payments will be made in the amount minus personal income tax.

The issuance to pensioners of all the funds due to them in the calculation is made not when the rest of the staff receives wages, but on the day of dismissal.

Termination of cooperation with employees who have reached retirement age occurs as usual. The only difference is that in some cases, a former employee may quit on the day the application is written, without the usual working off.


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 managerial 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 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.

Note that additional leave can be used immediately or broken up 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 an enterprise is liquidated (by the decision of the owner or bankruptcy by the 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 no more than 5 years remain 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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