Dismissal of a pensioner, the latest clarifications of the Ministry of Labor. Dismissal of a pensioner

IN legislative framework a special article of the Labor Code of the Russian Federation was singled out - dismissal in connection with retirement (paragraph 3 of article 80 Labor Code), which regulates the procedure for terminating the employment of a person in connection with retirement for a well-deserved rest.

Dismissal of pensioners: general provisions

It is carried out in accordance with a number of general rules that apply to other categories of specialists. In the case of pensioners, the same grounds provided for in Articles 83, 77 and 81 of the Labor Code apply. The mechanism by which the employment contract is terminated remains the same.

Note! If an employee achieves and implements pension rights, the employer will still not be able to fire him for his own reasons.

From this we can draw the following conclusion - the employer has no legal right to dismiss his worker when he reaches retirement age. The procedure is determined only by the personal requirements of the specialist himself.

The order and dismissal of a pensioner at will

The procedure by which the Labor Code is drawn up is disclosed in a number of articles. A specialist can come to the personnel department at any time and declare that he wants to vacate the workplace. To do this, you must complete and submit for verification in writing. It is issued two weeks before the scheduled date of dismissal.

The expiration of the period begins from the moment the completed and signed application is received by your employer. Such a requirement is put forward by part 1 of article 80 of the Labor Code.

Consider the following example . The specialist decided to leave the workplace on April 21, 2019. The working period will be calculated from April 22, that is, from the next day. In this case, the last day of stay at the workplace is May 5, 2019. Termination of the employment contract in connection with retirement must be formalized on May 5.

Deadlines for terminating an employment contract with an elderly citizen

It also happens that a specialist can take advantage of a reduced warning period, which, in accordance with the law, is three days.

It can be applied in three cases:

1. the specialist leaves the workplace during the test period, as stated in part 4 of article 71 of the Labor Code;
2. the specialist previously signed no more than two months. Such a right is spelled out in part 1 of article 292 of the Labor Code;
3. The employee was doing seasonal work. The right to a reduced warning period is provided for in Part 1 of Article 296 of the Labor Code.

Note! Sometimes the warning period can be extended up to 1 month. This occurs if the person retiring is in a management position or is a coach or athlete.

Despite the fact that the law on the dismissal of pensioners establishes specific deadlines, enterprises can terminate an employment contract even earlier - up to the end of the warning period. This opportunity appears due to part 2 of article 80 of the Labor Code of the Russian Federation.

The sequence of actions when dismissing a pensioner by law

After an employee who has decided to retire and end his career has submitted an application, the manager needs to issue a special order or order. The last document can be issued in the T-8 form. It is allowed to use your own form if it is developed and approved in advance.

In the section indicating the reasons for leaving the workplace, it is necessary to indicate under which article the organization has to dismiss the employee in connection with retirement. In this case, paragraph 3 of Part 1 of Art. 77 of the Labor Code of the Russian Federation.

The employee must read the issued order and sign the document. As necessary, the specialist is given a copy of the order, certified by the personnel department. If there is no possibility of dismissal by means of an order, or the employee decided to refuse to familiarize himself with the document, a corresponding entry is made on the document. It can also be made if the specialist is not at the workplace on the day the dismissal is issued.

Important! According to the requirements of the Labor Code of the Russian Federation, when terminating an employment contract, a corresponding entry is made in the labor, as well as personal card, drawn up in accordance with the rules of the T-2 form.

Calculation of a retired pensioner

On the last day, the employer is obliged to make a full settlement - to pay wages for the period worked.

After completing this procedure, the employee must receive in his hands:

• work book;
• a reference document that indicates the total salary for the two years before the dismissal;
• information for the Pension Fund.

When dismissal is initiated upon reaching retirement age, Article 140 of the Labor Code obliges the employer to pay compensation for unworked leave.

How can you fire working pensioners without working off

Initiating the dismissal of pensioners under the Labor Code of the Russian Federation, specialists reserve the right to do without working off. This possibility is provided for in Article 80 of the Labor Code.

This can be done if the employee can no longer continue to perform his job duties. For example, he retired. On the other hand, there is no clear definition of the term "retirement" in the legislation. The use of this rule in practice is as follows. You can get it at any time after the employee has received a pension.

You can use the opportunity provided and not work out 14 days only once.

The grounds for awarding a pension are irrelevant. The grounds are such as after reaching old age, and so on.

The periods of working out the beneficiary upon dismissal and the formulation of the reasons for leaving

The profile article of the Labor Code of the Russian Federation on dismissal makes it possible both from the moment when it was appointed, and after working out any period after the moment the specialist received the official status of a pensioner. Employees who got a job after the pension was assigned can also take advantage of this opportunity. But there is one condition - the implementation of this right has not been previously performed.

Initiating in this case dismissal on retirement, the article of the Labor Code does not provide for any distinctive points. True, the situation differs only in the absence of a working off period, as well as the use of a different wording to describe the grounds for dismissal.

Violation of the rights of pensioners during dismissal

Upon retirement, no employer should infringe on the right of an employee to retain his position. Dismissal is carried out only at will, or in the course of professional activities.

Remember! Compulsory dismissal is the basis for applying to state authorities to appeal the decision and collect a fine from the employer.

Many employers confuse the concepts of “retirement” and “dismissal upon reaching retirement age”. "Retirement" is a person's right to receive pension benefit prescribed by law. Men in the Russian Federation go on a well-deserved rest at 60, women - at 55.

Having retired, a citizen can continue to work as long as he considers it possible. Or he can write a letter of resignation from the company as soon as he received the right to receive a pension. How to fire a pensioner, we'll talk further.

How is an older worker fired?

A common question: “If a pensioner quits, is it necessary to work for 2 weeks?” According to article 80 of the Labor Code of the Russian Federation, an employee can leave the organization of his own free will without working off the prescribed two weeks due to reasons that prevent him from continuing his labor activity. One of these reasons the law calls the retirement of a worker. It should be indicated in the application for termination of the contract at will.

Therefore, the answer to the question: “Can a pensioner quit without working off?” will be positive.

The text of the statement may sound as follows: “I ask you to dismiss me of your own free will in connection with retirement.”

The document should be registered with the secretary of the organization or office as incoming correspondence.

After signing the application by the employer, an order is issued to terminate the employment contract.

The employee must be familiarized with the order. This document must be registered in the register of orders. On its basis, entries are made in the personal card and in the work book of the employee, and a calculation is prepared in the accounting department.

Features of the termination of a working relationship with a pensioner under the Labor Code of the Russian Federation

Older workers are concerned about the following issues:

Is it possible to dismiss a pensioner at the initiative of the employer?

An employer cannot fire a person because he has reached retirement age. Information about this is in article 3 of the Labor Code of the Russian Federation. If the employer unlawfully terminates the contract, the person may be reinstated in the workplace by a court decision.

Is it possible to fire a pensioner without his consent?

It is unacceptable. Therefore, if the director does not see an elderly person in the workplace that he occupies in the future, he may suggest that he move to a part-time job or another position. This can be done when the employee does not cope with his duties, but does not want to go on a well-deserved rest.

Is it possible to dismiss a pensioner at the initiative of the employer?

Yes, if the employee violated labor discipline. In this case, the same rules apply as for younger people. Also, the employer may offer the employee to terminate the contract by agreement of the parties with the payment of compensation.

This method is used if the employer wants to take on a younger employee for a position occupied by an age specialist. But such a dismissal is possible only with the consent of an elderly citizen.

When does a pensioner get fired? do i have to work 14 days?

No, don't. Retirement gives the employee a guaranteed opportunity to permanently stop working from the date that he indicates in his application. The administration cannot and has no right to interfere with this.

Retirement payouts

Payments upon retirement are transferred on the last working day in the general manner.

Express your opinion about the article or ask the experts a question to get an answer

The organization often employs pensioners. What does this mean for the company: a headache or happiness to have an experienced employee on the staff? We will find out if there are any peculiarities in labor relations with employees of retirement age, what are the options for terminating an employment contract with them, how their time of work should be paid. We will study the norms of Russian legislation that allow you to formalize the dismissal of a pensioner quickly and competently.

Rights and benefits for working pensioners

The main norms regulating the peculiarities of the work of pensioners are set out in Art. 7 of the Federal Law of December 17, 2001 N 173-FZ "On labor pensions V Russian Federation". According to it, men who have reached the age of 60 and women who have reached the age of 55 have the right to an old-age labor pension.

However, not all people who have reached retirement age prefer to become homebodies. Most of them are not going to leave their jobs, they want to continue active work.

Reference: working pensioners are entitled to receive a pension. However, since 2016, it has not been indexed for working pensioners.

Video: do pensioners need to retire when they reach the age

It is interesting that in Belarus a much more loyal attitude is developing towards working pensioners than in Russia. Due to the fact that the Republic has certain demographic problems due to the outflow of young people, the head of state himself called on businessmen to welcome the desire of older people to work as long as possible.

Video: Belarusian pensioners should work for the good of the country

Sick leave for a pensioner: how many weeks a year you can get sick

Pensioners, like other workers, have the right to get sick until they fully recover. It is clear that people of pre-retirement and retirement age are not distinguished by good health, however, in order not to give the employer an extra reason to negative attitude, such employees usually close the sick leave ahead of schedule and return to work as soon as their physical condition allows it. However, pensioners who seek help from a municipal clinic should remember that, according to the current rules, the duration of one sick leave cannot exceed 4 months.

Additional guarantees for employees of retirement age: what is required under the Labor Code

The Labor Code of the Russian Federation does not contain special rules regarding working time and rest time for pensioners. Therefore, they are subject to the same requirements of the current labor legislation as other employees.

The only exception is the right to leave without pay, which is 14 days a year, in accordance with Part 2 of Art. 128 of the Labor Code of the Russian Federation. At the same time, the employer cannot refuse to grant leave, as well as force the employee to change the dates, despite the production need. Therefore, it is enough for a pensioner to apply for a vacation and indicate specific dates.

The procedure for the dismissal of a pensioner: is it necessary to work out

Any working pensioner sooner or later comes to the idea of ​​dismissal. The reason for going on vacation is usually deteriorating health. Of course, anyone can get sick, but most employers are wary of pensioners. Therefore, for an elderly employee, unlike a young one, another sick leave can be a reason for terminating an employment relationship. Usually such an employee leaves of his own free will.

Video: reasons for the termination of work of pensioners

Dismissal of one's own free will: how to write a statement and formulate the reason for leaving

An employee, having reached the required age for retirement, may wish to terminate the employment relationship. Then he writes a statement with a request to terminate the employment contract in connection with retirement.

Reference: A citizen of retirement age can quit at his own request without working for two weeks. This right is granted by Art. 80 of the Labor Code of the Russian Federation, if the letter of resignation indicates a respectful reason layoffs - "in connection with retirement."

Part 3 Art. 80 of the Labor Code of the Russian Federation speaks of the obligation to terminate the employment relationship within the period specified in the employee's application, in cases where the dismissal is due to the impossibility of continuing work, including in connection with retirement. This reason for dismissal should be reflected in the dismissal order and in the employee's work book.

Is it possible to quit by agreement of the parties: clarifications from Rostrud of the Russian Federation

According to law enforcement practice, the rights of pensioners dismissed by agreement of the parties and the dismissal procedure for them are the same as for other employees.

An important condition for the termination of an employment contract by agreement of the parties is the achievement of an agreement (agreement) between the employee and the employer on the grounds and term for terminating the employment relationship.

Video: what does the Labor Code say about the dismissal of an employee by agreement of the parties

In the order to terminate the employment contract and in the work book, it must be indicated that the employment relationship is terminated by agreement of the parties. The basis for issuing an order is the details of the agreement on termination of the employment contract, which must be referred to in the content of the document.

Rules for the dismissal of persons of pre-retirement and retirement age at the initiative of the employer

An employee of retirement age is not required to quit when his social status changes, and labor law does not contain a rule that allows the dismissal of an employee of retirement age unilaterally.

But Art. 81 of the Labor Code of the Russian Federation provides grounds for termination of employment contracts at the initiative of the employer, including with employees of retirement age.

How to dismiss a pensioner in the event of liquidation of an enterprise: under what article of the law can staff in this category be reduced

About the dismissal in connection with the liquidation of the enterprise (termination of activity by an individual entrepreneur), employees are warned personally and against signature at least two months before the termination of employment. Further, an order is issued, which indicates that labor relations are terminated in connection with the liquidation of the organization or the termination of activity by an individual entrepreneur. It also provides a link to the decision to liquidate and reflects the details of the notice of dismissal. An entry on the termination of the employment contract in connection with the liquidation is made in the work book with reference to paragraph 1 of part 1 of Art. 81 of the Labor Code of the Russian Federation.

Reducing the number or staff of employees: what grounds are considered legal

The procedure for terminating relations with an employee of retirement age in the event of a reduction in the number or staff is identical to the procedure for dismissing personnel on the previous basis. But there is one peculiarity: the employer must offer the vacant positions available to the employee to be reduced by sending him a personal notification. If there are no vacancies or the employee refuses to be transferred to another position, the employee is fired.

Termination of the contract due to inconsistency of the employee with the position held

Dismissal due to inconsistency with the position held or work performed due to insufficient qualifications should be confirmed by the results of certification, and not by the age of the employee.

Reference: the employer is obliged to prove the inconsistency of the employee with the position held. The discrepancy manifests itself in unsatisfactory results of work, violation of deadlines for completing tasks, systematic release of marriage ... But if this happens due to the fact that the employer has not created the necessary working conditions, this is not considered a discrepancy.

In addition, the organization must offer the employee other suitable vacancies. If it is impossible to transfer an employee with consent to another job due to the lack of vacancies or the employee’s refusal of offers, then the employer has the right to terminate the contract with him.

Step-by-step instructions for processing documents upon dismissal

On the last working day, the resigning person must receive in his hands:

1. Employment book with a record of dismissal entered into it.
2. Duly certified copies of documents related to the job.
3. A statement of the amount of salary for the current and two previous years.
4. Certificate 2-NDFL for the current year.

Reference: the employer must have a written confirmation from the employee that he received these documents.

Payments upon termination of the employment contract: who is entitled to benefits and compensation

On the day of dismissal, all amounts due to the employee must be paid:

Payouts	Dismissal
	at will	by agreement of the parties	at the initiative of the employer in connection with
			with liquidation	with a reduction in the number of employees	inappropriate for position
salary and benefits for the period worked	+	+	+	+	+
compensation for unused vacation	+	+	+	+	+
payments stipulated by the labor (collective) agreement, local regulatory act	+	+	+	+	+
compensation in connection with the termination of the employment contract, provided for by the employment (collective) agreement and prescribed in the agreement		+
severance pay in the amount of average earnings for the first month after dismissal			+	+
average earnings for the second month of employment			+	+

Calculation, recalculation and payment of severance pay

Pensioner I.I. Ivanov was fired on 09/05/2016. Upon dismissal, he is entitled to severance pay, the amount of which is calculated based on the average daily earnings.

The settlement period for severance pay (12 calendar months before dismissal, if the employee quits on the last day of the month) is from September 1, 2015 to August 31, 2016. In this period, the employee:

The rest of the billing period I.I. Ivanov worked. For the billing period, he was credited with:

Salary in the amount of 216,000 rubles;

Holiday pay in the amount of 17,000 rubles;

Manual for sick leave- 5 000 rub.

The number of days worked for the billing period is 221. The basis for calculating the severance pay is 216,000 rubles, since vacation pay and benefits are not included in it.

Average daily earnings - 977.38 rubles. (216,000 rubles / 221 days).

Severance pay for the first month after dismissal will be: 977.38 rubles. x 22 (number of working days in the first month after dismissal from 09/06/2016 to 10/05/2016) = 21,502.36 rubles.

If the employee has any financial obligations to the organization, he is obliged to repay all debts before dismissal. However, when there are not enough payments due to cover the debt, it is not required to work out additional time for a full settlement. In the future, the debt can be recovered from the former employee only in court.

A pensioner is a financially responsible person: how to quit correctly

When changing a financially responsible person (in case of his dismissal), an inventory of the property that was entrusted to him is mandatory. The inventory items belonging to the employee must be recalculated and transferred to another financially responsible person according to the act. This document must be endorsed by the chief accountant and approved by the head of the organization.

What if the pensioner is sick and cannot be present at the inventory? You can count the property and in the absence of a materially responsible person. In this case, the commission will make an appropriate note in the act. In the event of a shortage, the pensioner will have to pay the cost of the lost valuables.

If an employee who is a financially responsible person writes a letter of resignation in connection with retirement without a two-week work, there may be a possibility that there will be no time left to conduct an inventory. Despite this, the employer is obliged to dismiss the financially responsible employee in connection with retirement at his own request on the date indicated in the application.

Judicial practice: pension is not a reason for refusing to pay benefits

This is interesting: in the Appeal ruling of the Novosibirsk regional court dated 05.05.2016 in case N 33-4321/2016, the claim of a pensioner employee (plaintiff) to recover average earnings for the third month from the date of dismissal from the employer (defendant) was considered.

Plaintiff was fired due to redundancy. The Employment Center decided to keep the average earnings for the third month from the date of his dismissal. The defendant did not pay.

The court concluded that the refusal to pay was unlawful. The fact that an employee receives a pension does not in itself deprive him of the right to payments under Part 2 of Art. 178 of the Labor Code of the Russian Federation. The court reasonably indicated in the decision that the very fact of the employee’s non-employment by the employment service due to the lack of a suitable job for him within the third month from the date of dismissal in the event of dismissal due to staff reduction is exceptional, allowing this employee to keep average earnings for the third month.

In general, pensioners are not much different from other working citizens, they have the same rights and obligations, but with some reservations. For example, they cannot be forced to work two weeks after being fired. In addition, legal grounds are necessary for the dismissal of a pensioner. However, if an employee does not cope with his duties, then the employer has every right to dismiss him on a general basis.

Anyone has the right to terminate an employment relationship. To do this, it is enough to draw up an appropriate document and familiarize the employer with it.

Dear readers! The article talks about typical solutions legal issues but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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But often it is the employer who initiates the dismissal, especially when it comes to pensioners. And the majority concedes, signing the statement "of their own free will."

But how legitimate is this and why, in principle, can a person be fired when he has reached retirement age?

What does the law say?

Not a single regulatory act of Russian legislation indicates that the retirement age is a reason for dismissal.

Rather, on the contrary, any court will be on the side of a pensioner fired because of this. Therefore, employers do not indicate this reason anywhere in the documents.

Only the pensioner himself can clarify that he is leaving due to retirement.

But you can do otherwise - send the employee for recertification or a medical examination. And there the specialists will give the conclusion that he cannot perform his labor duties for health reasons or because of low qualifications.

And in this case, the dismissal of a pensioner will be legal.

Normative base

Dismissal of pensioners is regulated by:

• Federal Law No. 400-F3 dated January 1, 2015;
• Federal Law No. 173-FZ of December 17, 2001 “On labor pensions in the Russian Federation”;
• Labor Code.

The text of these documents can be found here:

Rights of working pensioners

Labor legislation establishes that the pensioner has the right. Moreover, he can do this at any time, and the employer must sign it (Article 80 of the Labor Code of the Russian Federation).

Besides:

• it is not necessary for him to notify the employer of dismissal 2 weeks in advance, if the reason is retirement;
• in any other case, you still have to inform the employer 2 weeks in advance;
• continuation labor activity does not affect your pension in any way.

Is it always required to work?

Working off in the event of dismissal of a pensioner is often left at the discretion of the employer.

Dismissal of pensioners at their own request without working off is possible. This is indicated in the Labor Code of the Russian Federation (Article 80). Also, you do not need to work for 2 weeks if the employee leaves for health reasons.

But the employer has the right to require the employee to stay with.

Does a pensioner work for 2 weeks if he quits his job again? Yes, if the last time he was dismissed, a note was made in the work book "in connection with retirement."

Then he is obliged to stay at work, like all other workers.

An exception can only be a mutual agreement with the employer, concluded upon employment.

How to fire a pensioner?

Russian legislation does not contain rules that allow dismissing an employee when he reaches retirement age. However, according to the law, he can be fired in the same way as other employees.

Possible options

There are only two options for dismissing a pensioner - when he quits of his own free will or by.

An employer can fire a pensioner:

• upon liquidation of the enterprise;
• in case of staff reduction;
• in case of inconsistency of the employee with the position held;
• in case of theft of property or violation of internal regulations.

Of your own accord

Not always such a dismissal is the actual desire of an employee, especially a pensioner.

Many employers resort to various methods to force an employee to vacate a place.

However, a voluntary declaration is an official document. And on its basis, the employer is obliged to issue a work book to the pensioner, full payment and severance pay.

Forced dismissal at the initiative of the employer

The list of reasons why an employer can dismiss an employee without explanation is indicated by the legislator in Article 81 of the Labor Code of the Russian Federation.

Among them, the most common are:

• downsizing;
• liquidation of the organization;
• non-compliance of the employee with the position held;
• violation of labor duties;
• theft of another's property.

Downsizing

Quite often, this is the reason for the dismissal of most pensioners. And few people know that this is not entirely legal.

The fact is that the employer is primarily obliged to take into account, according to Article 179 of the Labor Code, the high qualifications of the employee, work experience, etc.

Most pensioners "reduce" for health reasons and referring to age.

Organization liquidation

If the company goes out of business, all employees are automatically fired.

And pensioners, who have the same rights as other employees, are also subject to dismissal.

Expiration of the employment contract

Guarantees, payments and compensations

The pensioner is entitled to the same payments and compensation upon dismissal as other employees.

Therefore, when leaving work, he can count on:

• salary and debt on it;
• severance pay;
• vacation pay;
• payments stipulated by the employment contract (upon its termination).

A pensioner has the right to receive a payment in the amount of 2 weeks of earnings in the following cases:

• his incompatibility with his position;
• non-fulfillment of their labor duties for health reasons;
• if an employee who performed this work earlier came to his place;
• if the pensioner refuses to transfer.

An allowance in the amount of a monthly salary is issued:

• upon liquidation of the enterprise;
• in case of dismissal due to staff reduction;
• if the employment contract is terminated due to the fault of the employer.

But first of all, the employer must pay the full salary and compensation for vacation days (if they were not used).

FAQ

In connection with pension reform, which is carried out by the government, many pensioners cannot understand all the legal nuances. For example, when is the best time to quit your job in 2019 and will it be beneficial?

What are the nuances of dismissal of a pensioner - a financially responsible person?

How to quit if a pensioner is considered a financially responsible person?

Pensioners with whom a liability agreement has been concluded can quit in the same manner as other employees.

The only difference is that he is obliged to convey all values. At the same time, an inventory is mandatory.

When does such an employee need to leave in order to receive pension indexation?

The dismissal of a working pensioner in 2019 may not be necessary to index the pension.

In February 2019, the pension will be indexed only for those who have not worked since July last year, that is, no more than 6 months. As for the second indexation, the authors of the bill have not yet set an exact date.

Most pensioners, despite their status, continue to work. And they do it not because they are just bored of sitting at home.

However, now the issue of dismissal is more acute than ever. Especially in connection with the government's refusal to index pensions for working pensioners.

But before deciding to leave work, you need to properly weigh the pros and cons.

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Are you wondering if the rules for dismissing retirees have changed in 2019? Consider what the current version of the Labor Code of the Russian Federation says about the procedure for terminating employment contracts with this category of workers.

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:

1. He cannot be denied employment based on his age ().
2. 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.
3. 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).
4. The pensioner does not have to pay,.
5. He has the right to use public transport free of charge.
6. A retired employee has the right to demand the provision of additional leave without content for up to 2 weeks.
7. He can use the services of the clinic in which he was registered during the period of work.
8. It has a number of advantages in spa treatment.
9. 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 of retirement age is concluded in a general manner.

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:

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

These rules also apply to older people.

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:

1. If the pensioner does not give consent, he cannot be dismissed (Article 3 of the Labor Code).
2. When filing, the court often takes the side of the employee.
3. If the company is liquidated, the dismissal of pensioners is carried out according to general rules.
4. 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 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:

1. Be sure to write a "header" indicating the name of the company, the full name of the management and the data of the employee.
2. The text itself should contain such a circumstance - in connection with retirement. The date when the employment contract will be terminated is prescribed.
3. Making reference to Art. 80 of the Labor Code of Russia to justify the date of dismissal.
4. 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 workbook

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 (clause 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.