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Dismissal of a pensioner at his own request - the procedure, the need for working off and the amount of severance pay. Legal dismissal of a pensioner

Are you wondering if the rules for dismissing retirees have changed in 2019? Let's take a look at what the current version says. Labor Code Russian Federation on the procedure for terminating employment contracts with this category of employees.

IN Lately The government has repeatedly raised the issue of increasing the age at which one can retire.

This decision is justified by the fact that anyway, this category of citizens continues to work even after receiving the status of a pensioner.

And not every employer can talk about the dismissal of such valuable employees who have experience and knowledge. But what to do in the case when the pensioner decided to quit or layoffs are coming?

What order should be followed in this case and is it necessary to work out 14 days, as when terminating the contract with other categories of workers?

Basic moments

Almost everyone knows who should be classified as such citizens as pensioners. But not everyone heard about how such people get a job or quit, and if they did, it was superficial.

That is why we will name the current regulatory documents, which describe in detail all the features of the termination of labor relations, and point out important points.

What do you need to know?

The pensioner has the following benefits:

He cannot be denied employment based on his age ().
If the staff is reduced, the pensioner is more likely to stay at the enterprise, since employers take into account qualifications and experience (). Although there are cases when pensioners are in a hurry to part.
A working pensioner has the right to go on vacation at a time that is convenient for him if he is a participant in the Great Patriotic War or a combat veteran (which was adopted by the government on January 12, 1995).
The pensioner does not have to pay,.
He has the right to use public transport free of charge.
A retired employee has the right to demand additional leave without pay for up to 2 weeks.
He can use the services of the clinic in which he was registered during the period of work.
It has a number of advantages in spa treatment.
He acquires the right to be served in a medical facility out of turn.

But there are no special rules for employment - an agreement with a person retirement age is in general order.

Dismissal is the termination of the employment relationship between the employee and the employer. At the same time, it is dissolved.

The reasons may be varied. The contract is terminated:

. A prerequisite is the consent of both the employee and the employer.
When the agreement expires.
With a different position in another organization.
If the citizen disagrees, continue work after.
At the initiative of the employer, if there are appropriate grounds.
If the employee refuses to move to another position for health reasons (if there is a medical opinion).
If you refuse to move with the company to another area.
If the contract was concluded with violations of the law.
When, etc.

And the same rules apply to people. old age.

Pensioners as a category of citizens

A pensioner is a person to whom the state pays a pension. This is the most vulnerable individual, just like a disabled person or a combat veteran.

Such citizens have a number of benefits and have the right not to transfer taxes to the state treasury, while other citizens have to pay taxes.

The exception is the land tax, which everyone is required to pay without exception. The transfer can be paid by the pensioner voluntarily.

Most often, people on a well-deserved rest try to pay taxes, because in this case it becomes possible to get additional ones.

If there is a denial of use, cash is not paid.

Legal grounds

When dismissing pensioners, it is worth relying on the following articles of the Labor Code of the Russian Federation:

How to fire a pensioner according to the Labor Code of the Russian Federation?

Often, company management decides that an employee's retirement age is the reason for his dismissal. But this is far from true.

If a man is over 60 and a woman is 55, they have the right to file, but are not required to. The basis for this is access to, in accordance with Art. 81 TK.

At the same time, employers cannot put forward a notice requirement a couple of weeks before leaving if the application reflects a desire to quit upon retirement.

If this is not specified, then the obligation to work 2 weeks remains. If the pensioner continues to work, this will not affect the ability to receive an old-age pension.

Often concluded with retired workers. Such transfers to fixed-term contracts are not legal.

The legislation prescribes all situations when such an employee can be fired against his will. And it does not matter whether other conditions were included in the contract.

But they can terminate the contract:

with the head of the company;
with an employee of one of the religious organizations;
with a pensioner who worked for an individual.

An employer has the right to dismiss a pensioner if:

he does not correspond to his position;
downsizing;
the employee is guilty (does not show up for work, skips work, comes to work drunk, etc.);
the company is liquidated;
changes are being made in the organization of labor and production, and the worker does not want to put up with them.

If a person does not agree with the decision of the employer, he can go to court to restore justice. For example, the decision that an employee has insufficient qualifications is made by the commission.

The manager himself has no right to make such decisions. Dismissal in this case is carried out no earlier than a month after the verdict of the commission.

The management of an enterprise cannot fire a person based only on the fact that he has reached retirement age. Such actions will be regarded as discrimination against a citizen.

Dismissal is also not allowed for health reasons, if not.

That is, the employer cannot independently decide whether the employee can cope with the task - whether his health allows him.

In connection with retirement

An employee may resign voluntarily due to retirement. This is stated in operating in the organization.

A citizen has the right to indicate in the application the last day when he will go to work. The pensioner is dismissed at his own request without working off, because the obligation to work 2 weeks before leaving is not established.

Dismissal at retirement can be carried out once. It does not matter that the employee has changed jobs.

If the work book contains a record of dismissal upon retirement, then the second time the process of terminating the employment relationship can be carried out on a different basis (for example, of one's own free will).

The employee also has the right to take, which has not been used before. The wording “by agreement of the parties” does not always mean that the dismissal was the initiative of the employee.

Often the company cannot find a legal basis for dismissing a person who has reached retirement age, and therefore invites him to leave his job.

In this case, the pensioner will remain entitled to receive a number of payments. But in case of coercion to dismissal, a person can collect the necessary evidence and go with him to the court.

The pensioner will not only be reinstated at work. He will also be paid compensation for moral damage.

So, every employer should remember:

If the pensioner does not give consent, he cannot be dismissed (Article 3 of the Labor Code).
When filing, the court often takes the side of the employee.
If the company is liquidated, the dismissal of pensioners is carried out according to general rules.
If you can't reach an agreement with an employee, suggest that they switch to a part-time job. So you save on payments, and the pensioner will remain with work. In many cases, this solution suits both parties.

On downsizing

If you need step-by-step instruction dismissal of a pensioner to reduce staff, rely on the general rules prescribed in the Labor Code. After all, the procedure itself is similar to.

But there are a number of nuances to consider:

First, an order is issued, where there is a listing of positions that will be excluded	Specifies the date when the employment contract will be terminated
Written Notice	Provided to employees of the company 2 months before the dismissal
Mandatory employer	Offers employees, including retirees, vacancies that are available at the company
2 months before the date of termination of employment	The management of the company submits information about the upcoming dismissal to the employment service and the trade union organization
Transfer in progress	Due payments to laid-off employees

A pensioner who leaves due to a reduction in staff can, within 2 months after the termination of the employment contract, receive estimated amounts, the amount of which is the average monthly salary.

The third month may also be paid, if the employment center gives the go-ahead.

Applying

When carrying out the dismissal procedure, the employer must properly prepare the documentation. But the employee must also be aware of certain features.

The following documents are being prepared:

resignation letter;
an order issued by the company's management;
an entry is made in the work book.

The employee needs to correctly write a letter of resignation addressed to the head of the enterprise.

After all, this is the primary document, which is the basis for formalizing the dismissal. It is obligatory prescribed that the person quits of his own free will.

If you want to do without working off two weeks, pensioners should indicate the date of dismissal. And the employer cannot force a person to such work.

There is no unified application form, but there are some points to keep in mind:

Be sure to write a "header" indicating the name of the company, the full name of the management and the data of the employee.
The text itself should contain such a circumstance - in connection with retirement. The date when the employment contract will be terminated is prescribed.
Making reference to Art. 80 of the Labor Code of Russia to justify the date of dismissal.
The date when the document was drawn up is put, as well as the signature.

The application is endorsed by an accounting employee, indicating the document number. The head puts a resolution that expresses his consent to the dismissal process.

Without his will by law

If the pensioner is not going to leave work, and you are impatient to break the contract with him, look for the basis for this in Art. 77 of the Labor Code of the Russian Federation, which allows the dismissal of an employee without his consent.

But it is worth having evidence that there really is a reason for terminating the employment relationship. Otherwise, you can be held liable for the illegal termination of the employment contract with the pensioner.

Due payments and compensation

Upon termination of the employment agreement with a working pensioner, the amounts are paid according to the general rules. This:

Earned funds	For the hours worked in the last month of work
Compensation transfers for unused vacation	The calculation of compensation is made taking into account the average salary of a pensioner and the average number of days, but at the same time, the employee must have at least 11 months of experience.
severance pay	If a person is dismissed due to a reduction in staff - Art. 178 TK
Compensation in that case	If a person cannot get a job in the second or third month after leaving the company
Persons who worked in the regions of the Far North	And equivalent regions will receive compensation within 6 months if they cannot get a job

This amount will be:

an employee who performed seasonal work;
a person who does not want to continue working after making changes to the employment agreement;
a citizen who did not want to be transferred to another locality to fulfill labor obligations.

If a person worked part-time, compensation for unused vacation time will be calculated based on the salary that is received.

Entries in the work book

An employee of the personnel department must fill out a work book upon dismissal of a pensioner. It is very important to ensure that the article indicated in the document corresponds to the one specified in the order.

Usually this is part 1 of paragraph 3 of Art. 77 of the Labor Code of Russia. The fact that the entry made is correct is confirmed by the authorized person and the dismissed citizen. It is mandatory to reflect the date of dismissal and put the seal of the company.

Recalculation of pension upon dismissal of a working pensioner

In addition to standard benefits, a working pensioner is entitled to receive a pension supplement. To receive the allowance and payments due, it is worth knowing how the pension is recalculated.

Recalculation should be carried out every time a new subsistence minimum is set, starting from the moment it was adopted.

The amount is determined by the amount of earnings. The allowance and social supplement to the pension will be withdrawn if the pensioner works under an employment contract.

Recalculation in this case is carried out after the termination of the agreement, but the amount living wage. To recalculate, a citizen must apply to the Pension Fund.

New pension will be appointed from the 1st day of the next month after the application, if the representative of the authorized body does not decide to cancel the indexation (paragraph 1, part 2, article 23 of the Federal Law No. 400).

Together with the application, it is worth submitting the documents prescribed in Part 7 of Art. 21 of the above law. What about a scientific pension?

A person whose work is carried out in the field of education and who has reached retirement age receives a special pension.

Often, it is 80 percent of the earnings that accrued to the employee until he retired.

An additional payment may also be made for work experience in the field of science, degree, title, etc. Benefits for a working pensioner are special.

They are the same for each category of employees who reach the retirement age. Such amounts are established by the state and local self-government bodies.

Dismissing a pensioner is not so easy, especially if he fulfills his obligations properly and has never been at fault.

If, nevertheless, it became necessary to formalize the termination of employment with an employee of this category, then it is worth studying all the subtleties.

Only in this way will the employer be able to prevent violations and the emergence of a disputable situation. The employee should not forget about his rights, which are established by labor legislation.

Retirees often continue to lead labor activity and after gaining the right to retire. Considering that these citizens have additional social guarantees, many employers do not know exactly how the dismissal of a working pensioner should take place. However, the current labor legislation provides clear standards and principles that make it possible to dismiss a working pensioner with little or no difficulty.

Dismissal of a working pensioner - legislative regulation, articles of the Labor Code of the Russian Federation

Issues related to the dismissal of employees in Russia are regulated by the provisions of the Labor Code of the Russian Federation. At the same time, this document provides a legal basis, including in relation to persons working on pensions. In general, as a procedure, the dismissal of a pensioner has almost no differences from the options provided by law for terminating an employment contract in relation to other categories of workers. However, a number of nuances should still be known, both to every working pensioner and to a personnel worker or employer.

There are no legislative obstacles prohibiting employers from firing pensioners. Therefore, if grounds arise, or if it is necessary to reduce the staff, the employer has all the rights to use standard procedures and standards.

The main aspects and additional preferences provided for working pensioners are, first of all:

The right to receive unpaid leave at your own request at any time with a total duration of up to 14 days during the year.
The possibility of dismissal of a working pensioner at his own request without any working off.
Regulations have been fixed that change the procedure for voluntary care for pensioners in the provisions of Article 80 of the Labor Code of the Russian Federation.

Who can be considered a working pensioner

Working pensioners include all persons who are entitled to receive an insurance pension or state pension, but continue to work. At the same time, in general, the category of pensioners includes all persons who have the right to receive a pension and who have the opportunity to apply for one, namely:

Persons who have reached the age of 60 or 55 for men and women, respectively. They may be entitled to receive an old-age pension with a number of additional amendments and preferences for certain categories of citizens. For example, the right to such arises for citizens belonging to the small peoples of the Far North after 55 and 50 years, respectively.
Disabled persons of all categories. All citizens of the Russian Federation with disabilities are entitled to a pension. Accordingly, they also apply to working pensioners if they are employed.
Additional categories of persons. In particular, victims of radiation disasters or accidents, or people who have lost their breadwinner.

It should be noted that federal legislation provides for two separate categories of pensions - social or insurance. Their combination is allowed only in cases where the receipt of pensions different types belongs to different categories of security. That is, for example, a pensioner cannot receive both insurance and social old-age pensions at the same time.

In the case of employment of a person, in most cases, he loses the right to receive a social pension. A insurance pension can be paid in parallel with employment.

How to fire a working pensioner - procedure

Earlier it was mentioned that the dismissal of a working pensioner does not differ from the standard dismissal procedures. This is true - the only possible difference lies precisely in the right of such an employee to quit at will without additional work. In this case, in his application, at his own request, he indicates retirement as the reason for dismissal - a corresponding mention is also made in his work book.

As a separate basis, the retirement of a working pensioner is not used. He is considered dismissal of his own free will in accordance with paragraph 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

However, if you wish or if you do not want to mention retirement in the work book, a working pensioner can quit on his own initiative and in the general manner. In this case, he can be sent to a mandatory two-week working off. For other reasons, dismissal has no differences from other categories of employees and provides for:

Preparation of documents required to justify the dismissal. This may be a complaint, information from an internal investigation about a disciplinary violation, an agreement between an employee and an employer, or other reasons.
Drawing up a notice of dismissal. The employer draws up an order to dismiss the employee, who is registered at the enterprise.
On the day of dismissal, a working pensioner is issued his work book, the payment of the required compensation for unused vacations, as well as all unpaid wages and severance pay, if such is provided for by the dismissal standards, is paid.

With staff reductions, working pensioners often cannot be fired by employers due to their seniority and high qualifications - first of all, the employer needs to fire employees with lower qualifications or labor productivity. This is often the reason for the difficulties in dismissing older employees.

Also, by law, it is impossible to send an employee to retirement forcibly. A working pensioner can work at any age. Exceptions are the following situations:

Disability. If a pensioner receives a disability pension, and his state of health prevents him from working, the employer must offer him another position, and if they are absent or the pensioner refuses, he may be fired.
Employees of the civil service or other special categories. On public service employees can only stay until the age of 60 or 65. Certain restrictions are also provided for the maximum age of military personnel and workers. law enforcement as well as for persons employed pedagogical activity. In this case, the employer has the right to dismiss pensioners when they reach the maximum allowable age.

Recalculation of pension upon dismissal of a working pensioner in 2018 - indexation rules

The current legislation provides that since pensioners who are engaged in labor activity pay insurance pension contributions from their earnings, they are entitled to an increase in insurance payments due to them after the end of their labor activity. For this, indexation of pensions for working pensioners after dismissal is used. The mechanisms for implementing this system for 2018 are as follows:

Working pensioners are not entitled to annual pension indexation while working. That is, they receive a pension in fixed size set earlier.
When leaving work, indexation is carried out within a 4-month period.
Submission of documentation to the Pension Fund for a dismissed employee is provided by the employer, and the recalculation of pensions for working pensioners is carried out in an unclaimed automatic mode.
The maximum amount of pension increase provides for the accumulation of no more than 3 points of the individual pension coefficient during one period.

According to the current rules for recalculating pensions for working pensioners after dismissal, such recalculation is carried out four months after dismissal. However, the recalculation rules include an increase in compensation from the first month after the termination of the employment contract. That is, the entire amount by which the pension was increased, and which was underpaid from the moment of dismissal until its final recalculation, will be compensated in the first payment.

It should be noted that now, by mutual agreement, separate mechanisms are used to increase the pension actually received by a working pensioner. In particular, it is not forbidden for an employer to fire a pensioner and hire him again after dismissal - in this case, the application for recalculation of the pension will already be sent to the Pension Fund and the pension will be recalculated, which means that the pensioner will be able to increase his monthly income.

Regardless of what activity, many employers think that the Labor Code of the Russian Federation implies the reduction of citizens of impressive age. General retirement rules: for men - 60 years old, and for women - 55 years old, they consider the dismissal of a working pensioner only at their own request, in accordance with Article 80 of the Labor Code of the Russian Federation.

According to the Labor Code of the Russian Federation, when an employee is dismissed at his own request, the employer must recalculate payments and conclude an appropriate document that does not oblige the official to work for two weeks. Every citizen should know the nuances of formalizing the retirement of a pensioner.

Labor Code of the Russian Federation 2018 dismissal of a working pensioner

With the onset of retirement age, an employee can quit of his own free will or continue to work further. In the case of a decision to leave work of your own free will, you must submit an application describing the reason: “Retirement”. According to the Labor Code, the employer must freely sign the application and index, recalculate wages and vacation pay no more than 20% of the amount of payments. Some bosses also provide severance pay to the employee.

The right to leave work for a reason: “Retirement” is valid once. If a pensioner, as a result, got a job at a new job, the grounds for his dismissal will be different, for example, at his own request. Application for dismissal can be submitted the day before leaving the position. The main thing is to indicate the reason and date of departure.

Dismissal to reduce a pensioner article 178 of the Labor Code of the Russian Federation

Often, older people are the first to be laid off. In order to dismiss such an employee correctly, it is necessary to adhere to the conditions in accordance with the Labor Code of the Russian Federation:

The reduction of an employee due to retirement age is contrary to the legislation of the Russian Federation and the terms of the Labor Code. Before dismissing an employee, the boss must rewrite the schedule, and reduce the position that the employee held;
It is necessary to inform the citizen about the reduction at least two months in advance. The notification is issued in writing and is considered valid only after the signature of the departing employee;
Often, the Labor Code prescribes benefits for conscientious and long-term work with a period of more than 25 years. According to the Labor Code of the Russian Federation, the employer must comply with this condition and make payments that relate to additional bonuses;
The boss may offer a transition to another position that has not been made redundant. Notification of another position shall be made in writing. If the employee refuses the proposed options, the terms of the Employment Contract are automatically terminated;
Indexation, recalculation of wages, allowances, benefits, vacation pay are mandatory. According to the Labor Code of the Russian Federation, benefits are paid for two to three months to maintain the financial situation of a former employee. At the request of the employer, the number of payments may include additional benefits.

Reducing an employee with more than 20 years of experience is a serious decision. Not always in his place comes a competent specialist who will do the job properly.

Should a pensioner work 2 weeks upon dismissal in 2018?

In accordance with the Labor Code of the Russian Federation, a person who has retired should not work for two weeks after the decision to quit. The main thing in the application is to write down the reason: “Retirement” and indicate the date of leaving the post. After signing the application and filling out the work book by the employer, the terms of the Employment contract are broken.

Within 10 days, the boss must notify Pension Fund Russian Federation on the dismissal of a pensioner. Such an obligation provides for the recalculation and indexation of pensions.

Dismissal of a pensioner at his own request without working off

An employee does not work out a two-week period if the dismissal occurs due to retirement. Such a circumstance is included in the list of conditions that prevent the employee from continuing to work. According to article 80 of the Labor Code of the Russian Federation, retirement is not an employee's deduction, but an opportunity for them to receive pension provision. The only condition that the employee must make is to notify the boss of his decision to leave the position two weeks in advance. On the part of the management, the application is unconditionally signed and the money is recalculated.

Indexation of pensions for working pensioners after dismissal in 2018

Pension indexation - the payment of funds in an increased amount, taking into account the procedure for considering price increases. Indexation is recalculated annually depending on product prices and the inflation rate. The unstable financial situation forced the country's government in 2016 to question the indexation of pension funds. Federal Law No. 385-FZ was adopted to stop the indexation of pensions. In this regard, payments to working pensioners will no longer be indexed and recalculated.

Elderly people who decide to leave of their own free will have the right to recalculate their pension to the required level, taking into account the achievements over the period of employment. During this period, points are accrued to the account of each non-working citizen of retirement age, which depend on insurance premiums. As soon as the employee decides to leave the position, they are recalculated and indexed.

Of great importance in the indexation of pensions is seniority. Continuous work experience is maintained if the break was no more than the period allotted by the Labor Code of the Russian Federation. Details

Innovations for 2018 freeze the indexation procedure at the time of employment. Only after leaving the position, recalculation and indexation for all years is made.

The dismissal of a pensioner follows the same procedure as the dismissal of an ordinary employee, but with a few nuances. These nuances are connected with the concept of “retirement”. Not all employers correctly interpret this concept and accept a pensioner's application for dismissal of their own free will in violation of labor law.

Dismissal of pensioners at their own request without working off

The pensioner should know that the employer cannot fire him if he has reached retirement age. At the same time, working pensioners do not have any benefits compared to other workers.

Every employer should remember that:

if a pensioner does not want to quit himself, it is impossible to dismiss him due to reaching retirement age - Art. 3 of the Labor Code of the Russian Federation;
the court, as a rule, protects the rights of pensioners, so such an employee can be reinstated at work with all the consequences for the employer;
if the company is liquidated, then pensioners are fired on a general basis;
you can offer a pensioner to go to a part-time job or change position. This must be done when such an employee can no longer cope with his duties, but does not want to leave work himself.

The procedure for the dismissal of pensioners

Reaching retirement age is not grounds for dismissal, but the employer may offer such an employee a different position. This is allowed if the employee himself gives written consent.
You can dismiss a working pensioner on a general basis:

on his initiative;
at the initiative of the employer;
by agreement of the parties.

The general procedure is not much different from the dismissal of any other employee, but a pensioner may not work out the prescribed 2 weeks.
If there is a reduction in staff, then the pensioner has the preferential right to stay at work. And although there is no direct indication of this fact in the law, employers prefer not to part with such valuable employees. However, in many enterprises, it is precisely people of retirement age who are laid off.
If a working pensioner was noticed in violations that threaten him with dismissal, the employer can safely part with such an employee, correctly filling out all personnel documents.

The procedure for the dismissal of a pensioner at his own request

A working pensioner may express a desire to quit on their own. This is not against the law. The employer has no right to interfere with this fact.
If the reason for dismissal is retirement, then it is enough for the employee to write a letter of resignation, indicating the date and reason - “retirement”. You don't have to work 2 weeks. The employer dismisses such an employee in accordance with all the rules, giving him a full calculation - wages and compensation for unused vacation. Some employers provide pensioners with additional severance pay. In the work book it is necessary to make an entry "in connection with retirement."

A pensioner may continue to work after retirement age. He can quit at any time, but he can terminate the employment relationship on this basis only once. If the pensioner subsequently got a job at a new job, he will already leave on a different basis. For example, "voluntarily".
If a working pensioner indicates such a basis in the application, then he also does not have to work out the prescribed two weeks.

Dismissal of a pensioner during staff reduction

In many firms, it is working pensioners who are subject to staff reductions. The dismissal of a working pensioner on this basis occurs on a general basis. The order is as follows:

The employer must give the employee two months' notice. The notice must be in writing and the employee must sign for receipt;
an order is issued for the enterprise, and changes are made to the staffing table. Reducing the staff, as an opportunity to "get rid" of pensioners, is not legitimate! The schedule must be changed, and the position occupied by the pensioner must be reduced;
often the employer prescribes in the employment contract with the pensioner a number of benefits that they have if they have worked at this enterprise for more than 20-25 years. As a rule, this is the pre-emptive right to leave the workplace. But this is the right of the employer, not his duty. If this condition is written in the employment contract, then the employer is obliged to comply with it;
the pensioner is offered another position that is not subject to reduction;
if he does not agree to any of the proposed positions, this is the basis for the termination of the employment relationship. The offer of a position must be in writing, as well as the refusal of it;
the pensioner is paid all the benefits and compensations provided for by the Labor Code of the Russian Federation in case of staff reduction:
- wages for actual hours worked;
- compensation for unused vacation, if any;

Dismissal due to retirement

A pensioner has the right to quit his job when he reaches retirement age. For men in Russia, it is set at 60 years, and for women - 55 years. In some cases, it is possible to retire early.
If a pensioner decided to quit on this basis, then he can do it once in his life. The entry in the work book will be “dismissal due to retirement”. In this case, the application for dismissal can be submitted even a day before the expected date of dismissal. In the application, you need to write the reason - "retirement" - and the date of leaving work. The employee writes a corresponding application, and the employer draws up a corresponding order. On the next pay date, the employee will receive all benefits due to him.

Payments and compensation

If a pensioner resigns of his own free will, by agreement of the parties or upon retirement, the employer must pay him:

wages for the hours actually worked in the month in which the employment relationship is terminated;
compensation for unused vacation, if any, in the current working year of the pensioner;
additional benefits at the discretion of the employer.

If a pensioner leaves due to a reduction in staff or during the liquidation of an enterprise, then the employer pays him:

wages for actual hours worked;
compensation for unused vacation, if any;
allowance for the first two months after dismissal, and, if necessary, for the third;
additional benefits are paid at the discretion of the employer. The law does not provide for this.
if the pensioner performed his labor functions in the regions of the Far North or in areas with a similar status, then the allowance is paid within a period of up to six months.

There are times when the amount of the benefit can be reduced:

work of a pensioner at seasonal work;
his refusal to transfer to a permanent job at another enterprise, by agreement between employers.

Work on dismissal

All terms of the required working off are prescribed in paragraph 3 of Art. 80 of the Labor Code of the Russian Federation. Should a pensioner work out the prescribed period?
If an employee is dismissed on the basis of retirement, then he has the right to receive a calculation on the same day on which he writes an application indicating the reason for dismissal. But most often, the employer calculates such an employee on the day the next salary is paid, having agreed on this with the retired pensioner. It is not necessary to work out the prescribed two weeks. To avoid misunderstandings on the part of the accounting department, it is advisable to indicate your desire to terminate the employment relationship on the day of retirement in advance.

If a working pensioner indicates in the application such a reason as “I ask you to dismiss me of your own free will as a working pensioner”, then the working period is 3 days. If the application only indicates the request of the employee to dismiss him on his own initiative, and there is no reference to the retirement age, then the dismissal is carried out on a general basis. That is, the turnaround time is two weeks.
If there is a reduction in staff, then a working pensioner has the right to quit earlier than other employees. But at the same time it is necessary to reach an agreement with the employer. A working pensioner can quit even without working off.
In any case, the pensioner and the employer can reach an agreement regarding working off in each specific case layoffs. The agreement is made in writing and signed by both parties. One copy remains with the employer, and the other with the pensioner.

Many people who have reached retirement age are forced to continue working in order to secure a decent standard of living. When the time comes, they can leave their positions, while the dismissal process will have some features.

But if the employee quit the organization due to retirement, and then again got a job in his previous position, then in such a situation the process of dismissal will take place according to standard scheme.

Features according to the Labor Code of the Russian Federation in 2018

Each business entity that has pensioners on its staff must, upon their dismissal, be guided by the following articles of the Labor Code in force on the territory of the Russian Federation:,,, 84.1.

It should be noted that if an individual officially employed in a commercial organization or with an individual entrepreneur reaches retirement age, then this fact is not grounds for dismissal.

He will continue to hold his position as before, but if he wishes, he can leave his job and go on a well-deserved rest.

Rights of a pensioner

Federal law protects people of retirement age from misconduct by management. If the boss wants to dismiss such an employee on his own initiative without obtaining his consent, then his actions will be considered as a violation of labor laws.

In such a situation, the pensioner will be able to file a complaint with the labor inspectorate or judicial order to be reinstated in his previous position. Also, the legislation allows people of retirement age to quit of their own free will. no mandatory two weeks.

At the same time, such employees can submit an application even while on vacation or on sick leave. This category of workers should be provided additional holidays at a time convenient for them.

The process of dismissal of a pensioner from his position is carried out in the following way:

Initially, a staff member must write an application addressed to the head of the organization.
The application is considered by the boss and writes in the upper left corner “Dismiss from .... numbers" and puts his signature.
The document is transferred to the personnel department. If the organization does not have a personnel department, then its functions are performed by the accounting department.
On the basis of the statement endorsed by the head, an order is issued, which is transmitted for review to the pensioner.
After that, the authorized employee makes the appropriate entries in the pensioner's personal card.
The final financial settlements are carried out with the resigning employee.
A pensioner is given a work book with a corresponding entry, as well as a certificate of average wages and other documents upon request.

How an application is made

A working pensioner who has expressed a desire to leave his position must notify company management about your intentions. To do this, he needs to write an application and submit it to the secretary, accountant or personnel officer for registration.

The head must familiarize himself with the application and endorse it, after which the document is transferred to the personnel department for paperwork for dismissal.

The pensioner can write an application in free form, but it must adhere to certain rules:

In the upper right corner is written the name of the organization, the name of the head. The next line indicates the name of the employee, as well as his identification number.
Having retreated a few lines in the center, an individual must write a “Statement”.
A text is written through the line, in which the reason for leaving should be indicated, as well as the exact date of dismissal. For example, “I ask you to dismiss me of my own free will from my position on December 08, 2017.”

With and without work

If a full-time employee of retirement age decides to leave of his own free will in connection with his well-deserved rest, then in this case the procedure will be carried out according to the standard scheme.

The only difference will be the absence of the need for a pensioner to work for two weeks. This procedure is regulated by article 80 of the Labor Code of the Russian Federation.

The head of the organization is obliged to dismiss the pensioner on the day that he indicated in the application. This question has one important nuance. If the employee indicates that “I ask you to fire me from 08.12.2017.”, then the date of registration of the dismissal will be 09.12.2017.

If the statement contains the wording “I ask you to dismiss me on 08.12.2017.”, then the head of the organization is obliged to carry out this procedure on 08.12.2017.

In the event that an employee of an organization previously quit due to a well-deserved rest, but then returned to his previous position in the status of a pensioner, then upon dismissal of his own free will, he have to work for two weeks.

But, if personal agreements are reached between the employee and the management, then such a pensioner will be able to quit without the obligatory two-week working off.

If a business entity illegally forces a retired pensioner to work for two weeks, then the employee can complain to the labor inspectorate, which, after verification, will apply to the management penalties:

individual entrepreneur - 1000-5000 rubles;
commercial organizations - 30,000-50,000 rubles;
company officials - 1000-5000 rubles.

On the day of dismissal, the business entity must fully pay the pensioner on wages.

When terminating an employment contract with such an employee, management is obliged to provide him with all relevant compensation and benefits provided for by Federal legislation and internal regulations.

If an employee leaves due to a well-deserved rest, then the compensation paid to him will be exempt from income tax. But at the same time, their size should not exceed three times the average monthly earnings of a pensioner.

In the event that such an employee leaves due to staff reduction, he is entitled to compensation payments for common grounds which he can receive within a few months after the end of the employment relationship with the employer.

Filling out a work book

The process of filling out a work book must comply with the regulations of Federal law. The responsible employee of the organization, personnel officer or accountant must indicate in the work book the following information:

date of dismissal;
number and date of the order;
reason for dismissal with reference to the article of the Labor Code of the Russian Federation.

Mandatory in the work book is the signature of the person who entered the data, as well as the wet seal of the organization.

Transfer to a fixed-term contract for subsequent dismissal

Many employers look for loopholes in the legislation in order to terminate employment relationships with older people. Some executives offer retirees renegotiate regular employment contracts for fixed-term.

If the employee agrees and signs a new document, then at the end of its validity period, the organization may refuse to continue cooperation with him. But, if the pensioner refuses to transfer to a fixed-term contract, the management will not be able to independently carry out this procedure.

This is due to the fact that, according to the regulations of the Federal legislation, before entering into a new agreement, the old one must be terminated. And if the pensioner refuses to terminate the previous contract, then it will continue to have legal force.

Litigation

Very often between business entities and their retired employees there are controversial situations. In the event that the parties fail to reach a compromise, the only way to resolve the conflict is to involve representatives of the law.

Retirees should write statement of claim , in which briefly but very concisely state the essence of the problem, attach documents to it that will act as evidence, and go to court. As a rule, the courts always take the side of the elderly if their claims against employers are justified.

How to arrange the dismissal of an employee at his own request? The answer to the question is in this video.