Dismissal of a pensioner officer at his own request. When a working pensioner write an application for dismissal at your own desire - sample

04.08.2020 Billets for winter from tomatoes

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Not every employer agrees that retirees worked in the state of the enterprise, and although people have more experiences have a lot of experience, they often try to get rid of them.

Rights working pensioner

According to Russian legislation, the retirement age officer is not limited to the rights compared to other employees, on the contrary - it has a certain superiority that should be taken into account when careing. Such advantages include the lack of working out and the possibility of obtaining pension provision in continuation of work activities.

Benefits and advantages

In accordance with the current legislation, working the pensioner has more opportunities compared to its colleagues. These are such advantages as:

The ability to terminate the contract, not warning about this employer in two weeks, if the reason is the way out of a well-deserved rest. This is determined by Article 137 of the Labor Code of the Russian Federation and removes questions like "Can a pensioner quit without work out?", Which may arise from the enterprise personnel department.
The right to receive a pension (but so far the person works, this category of payments is not subjected to annual indexation). Pension recalculation is also being recalculated when dismissing a working pensioner
Getting an additional 14-day vacation at your own expense.

How to dismiss a pensioner

For employee of the personnel service, the dismissal of a pensioner, in the same way as in previous years should be based on legislation.

At the same time, it is not allowed to stop labor relations with the infringement of the rights of the employee due to its age - this will be regarded by the court as discrimination.

In accordance with the current Russian legislation, the following options for termination of relations are possible:

at your own accord;
at the initiative of the employer;
by agreement of the parties.

At your own accord

The care of the retirement worker does not differ from the cessation of working relationships with other employees, except that such an employee is disposed of two-week working out. For this, the prepared application should contain an indication that labor relations are terminated due to retirement. If then the pension age face again gets to work, then with the next termination of relations with the employer, this benefits will not be for him - according to the Labor Code of the Russian Federation, it is provided only once.

His features have dismissal of a pensioner for financially responsible persons. Termination of work activities in this case implies the inventory and transfer of entrusted property to the successor or employer, and the dismissal person must be warned in advance (in two weeks) to warn the manager. This is done with the application.

At the initiative of the employer

Although the legislation does not allow the dismissal of a pensioner due to achieving relevant age, there are other options for the cessation of working relationships on the initiative of the employer. The legislatively permitted cases include the termination of the contract:

due to the elimination of the enterprise or termination of the individual entrepreneur;
due to the reduction of the state;
if the employee is inconsistent;
in case of violation of the internal schedule or theft of property.

The first two reasons are the most common. If you wish / need to reduce the employee at the initiative of the employer or dismiss it due to the elimination of the organization, the personnel department must notify the employee about this in two months. The termination of a contract for the reduction provides for a change in the staffing of the organization, where the previous position should be absent. It is necessary to know the employer that the state reducing cannot be used as a way to get rid of pensioners - for this, directors can attract administrative responsibility.

Another prerequisite - when dismissing a pensioner in 2019, to reduce the state or liquidation of the enterprise, the accounting land is obliged to produce the employee all the necessary payments. This includes the payment of a two-month salary and compensation for unused vacation. Alternatively, when reducing staff, an employee is offered another position. With the consent of the employee, it does not dismiss, but translates to this specialty.

If the dismissal of a working pensioner occurs due to the inconsistency of the position being occupied, this decision should be supported by the relevant documentation. It belongs to it:

the conclusion of a medical examination of a change in the state of health, eliminating the possibility of executing the working duties (a medical examination is necessary, depending on whether an employee is disabled or not);
documented low qualification level discovered in professional re-certification.

Violation of the inner routine (for example, the appearance in the workplace by drunk,) or the material damage of the organization (for example, theft of property), legally considered as reasons for the rupture of the employment contract. At the same time, the incident must be executed accordingly - the act and received written explanations from the guilty employee. Based on these documents, the Director must make a decision and issue an appropriate order.

By agreement of the parties

The dismissal of the pensioner under the Agreement of the Parties should occur under Article 77 of the Labor Code of the Russian Federation, while the initiator can act as an employer and the employee himself. Depending on the reasons, the benefits of this form of termination of labor relations can be attributed:

the possibility of lacking in a statement the reason for the termination of labor relations;
a favorable alternative to the rupture of an employment contract for the fault of the employee, "unspoken" labor book;
extension of continuous experience for another 1 month;
the possibility of obtaining more acceptable conditions (compensation size, etc.) than when dismissing "at their own request."

In what cases is the testing is mandatory

Can a pensioner quit without working? Although, according to Russian legislation (Article 80 of the Labor Code of the Russian Federation), the dismissal of the pensioner does not provide for two weeks of working out, there are exceptional cases.

These include situations of cessation of working relations:

by agreement of the parties, when it is required to find a new employee for the released place;
if the retiree employee who goes goes to the rest is a materially responsible person, and requires an inventory with the transfer of cases;
when the employee once took advantage of the right to preferential dismissal without working out.

The procedure for the dismissal of pensioners at their own request

Although this form of termination of labor obligations is the most frequent occasion from employers, the dismissal of a pensioner requires attention from both the staff services of the enterprise and the employee himself. How to dismiss the pensioner without work out:

Determine the date of termination of labor relations and write a statement, indicating the end of the work and the wording - "in connection with the retirement". The situation may require working out (for example, for inventory), it is necessary to take into account this in the calculations so that the additional term at work did not become a surprise.
The application is awarded to the employer (better with the signature on obtaining a document on the second instance). The director may require an application to a statement a copy of documents (for example, a pension certificate) - labor legislation does not speak anything about such a responsibility of the dismissal employee, so the fulfillment of this requirement remains at its discretion.
The director must issue an appropriate order that divorces labor relations from the specified date.
By the time of the cessation of labor relations, the Accounting Calculates all the necessary payments.
On the last day of work, a dismissal employee receives a calculation and labor book. In some cases, money can not be listed on the last day, but a little later - when receiving a salary by other employees.

How to make a statement

Although there is no legislatively established form of application, some points must be reflected in it. These include:

Surname and initials of the head of the organization and his position.
Surname and initials of the applying statement, his position indicating the division.
The word "statement" in the center.
Text indicating the date of termination of labor relations.
If the employee claims to receive benefits - the absence of two-week workouts, then it must indicate the reason for the termination of labor relations - "in connection with retirement."
The date of writing and signature is completed.

Compilation of order and personnel papers

When dismissing any employee, the documents provided for by labor law should be drawn up. At a minimum, the employer who has a pensioner, needs to be prepared:

Record in the workbook issued to the employee when dismissal.
Similar information that is fixed in the Personal Card is made in the form of T-2. In it, in section XI, the reasons for the dismissal of the employee are indicated - including retirement.

In addition, at the request of the employee, when dismissal, it may be issued to his hands and other documents related to the last work. In particular, it may be issued a certificate of 2-NDFL form, certificates of the size of transfer to the Pension Fund or to the FOMS, as well as other documents related to the execution of previous duties in the workplace before dismissal.

In the event that the dismissal is associated with retirement, the employee must emphasize this in his statement. After that, it can be dismissed in the manner and within the deadlines provided for by the TC RF.

The employment record should be made in accurately in accordance with the rules of labor law recorded in the Labor Code of the Russian Federation. However, the regulatory acts of the executive bodies indicate that preferential grounds for dismissal should be noted.

Reference! In particular, the employee who goes on his own retirement must specify this directly in its statement. Without it, he will dismiss on general rulesstipulated by the Labor Code of the Russian Federation for dismissal on his own request. The record in the personal card is made according to the same rules as in the employment record. SectionXI of this document is filled with the same dates and wording as the order itself on dismissal. Consequently, the information in the employment record and in the personal card will be the same.

What payments are put on

When dismissing a pensioner, he has a number of payments and compensations - some of them is mandatory by law, but there are also payments, entirely dependent on the employer. Terminating labor relations, an employee must receive:

salary for spent time without the education of the employer's debt;
compensation for unused vacation (calculated by the accounting based on the average daine income).

Additional payments

In addition to the obligatory on the law of transfers, the payouts when dismissing retirement can be established by the employer itself (for example, there is an additional benefit for retirement, the size of which is not regulated by law). But there are also additional payments established by the Labor Code of the Russian Federation who receive an employee when dismissing the state reduction or liquidation of the organization is a manual in the amount of two monthly salaries (if an employee has been busy at seasonal work, compensation will be less than).

Filling a workbook

The process of filling the employment record must comply with the regulations of federal legislation. The responsible employee of the Organization, the personnel or accountant must specify the following information in the employment record:

dismissal date;
number and date of the order;
the reason for dismissal with reference to the article TK RF.

In mandatory in the workbook, the signature of the person who contributed data, as well as the wet print of the organization.

Rules for the dismissal of pensioners while reducing state

When reducing the states of the enterprise, the people of the retirement age are dismissed on the general grounds. At the same time, it is not a legitimate imaginary reduction aimed at arranging a pensioner with the smallest loss for an organization - the previous position should be removed from the staffing schedule to take a new employee to this place. The director must follow the following procedures:

Announcement of the employee (under the signature) of changes in the staff schedule two months before dismissal.
Preparation of an order to change the staff schedule due to the reduction of certain positions.
Determination whether an employee can take other free positions at the enterprise (in some cases it is prescribed in the employment contract as a benefit, if there are much experience in the enterprise). In the case of the consent of the employee, the dismissal procedure is replaced by transfer to a new position. The proposal for new work is done in writing - if conditions do not suit the employee, it can refuse them, which returns the process to the design of the dismissal procedure.
Calculation of all the necessary payments in accordance with the TC RF (salaries, compensation for unused vacation, manuals in the size of a two-month salary). If there are additional benefits in organizing additional benefits for deserved rest, they are also added in total.

Benefits and compensation according to the TK RF

Care for a well-deserved rest implies full calculation with an employee. On the last working day, when reducing states, he must pay:

Wages for spent time in the current month.
In the presence of unused vacation - compensation for it.
Allowance in the size of a two-month salary. In some cases, the payment is made in the third month (for example, with the assistance of the labor exchange - according to the letter of the Ministry of Finance No. 03-03-04 / 1/123 dated November 30, 2005, the employment centers do not have the right to refuse to persons retirement age in issuing references vacancies).
Additional benefits not provided for by the TK RF - their payment will be regulated by internal regulatory acts.

In what cases the amount of compensation benefits is 2x-week earnings

In certain cases, labor legislation provides for the reduced amount of compensation payments during dismissal. The allowance in the size of a two-week salary is paid in situations:

if the work of the employee had a seasonal character;
if from its part there is a refusal to transfer to another organization by agreement between employers.

Features of payment of compensation to employees of the Far North

Labor Code Russian Federation Declares state guarantees for working in the Far North (and equated territories of closed administrative entities and areas from a special list) in case of dismissal to reduce the state or liquidation of the organization. In this case, the dismissed employees receive the right to pay in the amount of salary for the period of employment, but no more than six months.

The procedure for the dismissal of financially responsible pensioners

Dismissal by own pensioner It may be associated with a number of problem points for the enterprise administration.

So, as was indicated in the previous section of the article, the procedure for the dismissal of the pensioner at their own request does not imply 2-week work. At the same time, the question arises whether the suspension of the dismissal procedure is possible, if a retirement employee is a materially responsible person, and inventory and transmission of commodity-material values \u200b\u200bare not completed?

Execution legislation from the rule of obligation to make dismissal when retired at the date specified in the statement of the employee, even for cases of dismissal of materially responsible persons does not contain. Violation of the dismissal procedure may entail an employer's attraction to liability under Part 1 of Art. 5.27 Code of the Russian Federation on administrative offenses.

At the same time, it is necessary to take into account the following points:

according to Part 3 of Art. 232 TK RF Termination of labor relations after the damage does not entail the liberation of the disagreeed officer from responsibility;
the ability to recover damage from persons dismissed due to retirement is confirmed by judicial practice (the appellate definition of Saratov regional discount dated March 29, 2018 in case No. 33-2059 / 2018).

About the material responsibility of workers also read in the following links:

"Agreement on full material responsibility - sample 2019";
"An example of making material liability in the job description."

Rules for the dismissal of pensioners when establishing a trial period for them

As noted, the rules for the dismissal of the pensioner at their own will involve the lack of an obligation to work out. Are there other features of the dismissal of a pensioner, in particular when it is employed with a trial period?

Part 4 of Art. 70 of the Labor Code of the Russian Federation establishes a list of persons in respect of which the company is not entitled to establish a test. These include pregnant women, minors, persons aimed at translation, persons entering into a short-term contract, and some other faces. The list does not contain instructions on pensioners, in respect of which, therefore, a test agreement can be concluded.

Part 4 of Art. 71 of the Labor Code of the Russian Federation establishes the rule according to which the worker on test date May terminate the agreement by notifying this company in writing for 3 days.

An unequivocal answer to the question is whether the 3-day testing of a person who dismissed in connection with retirement when it passes at this time of the trial period, the legislation does not contain. At the same time, there is a judicial practice in which the dismissal of a pensioner during the testing period on the day of submission of the application is recognized legal (the appellate definition of Stavropol Church of 01.12.2015 in case No. 3-7430 / 2015).

Read more about probation and dismissal during this period, read in the following links:

"Dismissal on the probationary period of the Labor Code of the Russian Federation";
"Dismissal on the test term at the initiative of the employee."

Dismissal of the head in connection with retirement

In accordance with Art. 280 TK RF, the dismissal of the manager involves special rules: he must write in writing to the company's owner no later than 1 month before the date of termination of labor relations.

Does the specified rule apply to the dismissal of the leader's own desire? Or he is enough, guided by Part 3 of Art. 80 TK RF, apply for dismissal even without the need for 2 weeks.

In the absence of an unequivocal legislative response to the question of which norm (Part 3 of Art. 80 or Art. 280 of the Labor Code of the Russian Federation) should be applied, the doctrine notes that the norm has a priority, which gives the right to a citizen to quit retirement without having to Working, and violation of this rule may result in responsibility.

Also in the doctrine, it is noted that the rule about the absence of the obligation to work out if the impossibility of continuing labor relations is also applied in cases where the head of the head is a foreign specialist.

Other features of the legal status of the company's head are indicated, in particular, in our materials on the links:

"The law" On Bankruptcy "introduced the chapter on the subsidiary responsibility of the head of the debtor and other persons."
"FTS explained the nuances of the recovery of arrears from managers and accountants."

Rights when dismissing persons pre-pre-age

Questions about the rights of pensioners when dismissal at their own request are related issues of persons of pre-age persons.

According to the draft law "On Amendments to the Criminal Code of the Russian Federation" No. 544570-7, which involves the establishment of responsibility for dismissing persons due to their age, this age is invited to count the 5-year period to an old age pension.

Currently, the dismissal of persons of pre-age age is generally carried out according to the same rules as the dismissal of other persons. However, it is necessary to consider the following:

specialized acts and tripartite agreements it is possible to establish additional guarantees (in this way, dismissal to reduce without employment persons of pre-mentioning age 2 years before the appointment of pensions in accordance with the Federal Tariff Agreement in the elevator industry and the sphere of vertical transport for 2019, approved. ORD, OOOOLK " Federation of elevator enterprises "09/30/2015);
when applying industry standards on the rights of persons of pre-pre-age, when dismissal, it is necessary to clearly define the sectoral affiliation of the employer company (the appellate definition of Sun PC (Yakutia) dated March 26, 2018 in case No. 33-1124 / 2018).

About other features of the status of persons of pre-mentioning age and Read more about the alleged changes in the legislation in our articles on the links:

"It is proposed to extend the right to alimony on disabled persons of pre-age";
"The draft law on criminalizing the dismissal of persons of pre-age."

Dismissal of pensioners after the expiration of the term contract

Art. 59 of the Labor Code of the Russian Federation determines the possibility of concluding an urgent labor contract and transfers cases when its conclusion is reasonable. One of the grounds for signing a term contract, according to Part 2 of Art. 59 of the Labor Code of the Russian Federation is its conclusion by agreement of the parties in the employment of retirees by age.

When conclosed with a pensioner of an urgent contract and its termination, a number of nuances should be taken into account:

h. 2 tbsp. 59 of the Labor Code of the Russian Federation is recognized by the CS of the Russian Federation not limiting the right of pensioners for employment, since it establishes the possibility of determining the parties to the Agreement, will be a contractual or concluded for an indefinite period (the definition of the COP of the Russian Federation "On refusal to accept the request to the Amur Country Request ..." from 15.05.2007 No. 378-O-P);
according to paragraph 13 of the decision of the Plenum of the Russian Armed Forces of the Russian Federation "On the application of the courts of the Russian Federation of the TK RF" dated 17.03.2004 No. 2, the establishment of a fact of the fact not voluntariness, and the constitutional conclusion of an urgent contract entails the application to such a contract for the indefinite nature of the Agreement;
in resolving disputes on the restoration of pensioners at work, it is also taken into account that the multiple conclusion of term contracts for short term It may indicate the need to recognize them by one labor contract concluded for an indefinite period (the definition of the Armed Forces of the Russian Federation of 27.06.2014 No. 41-kg14-10).

Read more about the urgent work contract and its termination, read in our articles on the links:

"We compile an urgent employment contract - sample";
"Notice of termination of an urgent employment contract - sample."

Features of the dismissal of persons who are pensioners are not by age, but in connection with the service

There are a number of features when dismissal due to the appointment of a pension not by age, but for other grounds, for example, by service, in particular:

Sectoral legislation that establishes the possibility of dismissal due to retirement retirement may also contain special standards for the procedure for dismissal, including the periods of the term during which the employee must report on the termination of labor relations. Thus, the system interpretation of the norms of legislation on service in the internal affairs bodies, given in the definition of the Armed Forces of the Russian Federation of 18.12.2017 No. 22-kg17-13, makes it possible to conclude about the need to submit a report 1 month before dismissal.
The provisions of industry agreements, callers and local acts can establish special benefits, guarantees and payments for persons perfected with retirement. In this regard, to obtain these individuals should directly indicate the basis of the foundation for dismissal (the cassation definition of the Moscow City Court of 22.06.2017 No. 4G-6707/2017).

About other features of the legal status of persons with significant work experience, in particular on labor veterans, read in our material "Labor experience to assign the title of a veteran of labor - how much?".

The dismissal of a person who has previously dismissed in connection with retirement

It is fundamental to the question, whether the right to dismissal without a 2-week work is maintained for retirees, if they have previously benefited and stopped labor relations on their own initiative due to retirement.

Judicial practice indicates the possibility of only one-time use of such a right. Therefore, the pensioner, employed after dismissal, must comply with the general rules of dismissal (the appellate definition of the Armed Forces of the Republic of Karelia dated December 14, 2015 in case No. 33A-4560/2015).

Do I need to work a military pensioner?

In such situations, disputes often arise. According to the legislation, in such cases it is necessary to take into account the moment of receiving an employee to work:

if he was adopted before the retirement age reached, the employer must dismiss it without working;
if an employee came to work when he was already in the status of a military pensioner, the employer has the right to oblige him to work out 2 weeks.

Controversial situations

The problem arises if the pensioner was previously dismissed, taking advantage of benefits. And employers, and lawyers and legal proceedings do not have unified opinionwhether in this case the possibility of reuse of preferential dismissal of a citizen is allowed. Most often with such situations face, for example, military pensioners who receive status in working age are arranged for civilian workplaces, but, dismissing, trying to take advantage of their pensioner rights.

There are several opinions about this, and in all of them there are ship precedents:

After receiving the pension status, the citizen has no right to re-dismissal by preferential order. It is understood that part 3 of Article 8 indicates the actual retirement care, and not the presence of pension status, and with it the opportunity to leave several works in turn without necessarily spent days. And it is logical: the secondary receipt of the pension status is illegal.
If a citizen is already a pensioner, but previously did not use the beneficity of dismissal, it can be dismissed without working 2 weeks, if such a desire seizes the worker himself. In fact, the solution depends on whether there is an entry on the use of benefits in the Labor.
The legislatively prescribed restrictions on the provision of a retiree possibility of care without working out is not, it means that the right is permanent after retirement.

Next, the development of events depends on the position that the head of the organization is held, his lawyer, and if it comes to court, then the judge. The decision may be made in any direction, the examples of what is in every region of the country. If you need to appeal on such issues, it is necessary to apply to a specialized law firm to take advantage of the services of professionals.

Litigation

Very often, there are controversial situations between the subjects of entrepreneurial activity and their pension workers. In the event that the parties fail to reach a compromise, the only opportunity to resolve the conflict is to attract representatives of the legislation.

Pensioner should be written the claim in which briefly, but to identify the essence of the problem, to attach documents to it that will act as an evidence base, and apply to the court. As a rule, the courts are always on the side of people of old age, if their claims to employers are justified.

How to make a dismissal of an employee at your own request? The answer to the question is in this video.

Memo for the employer

Suitable important nuancesconcerning the dismissal of pensioners.

Without the consent of the pensioner, it is impossible to dismiss it on the basis of age (Article 3 of the Labor Code of the Russian Federation).
Controlled reasons for the dismissal of the pensioner, the court equates to age discrimination.
In cases that do not depend on the will of the parties, the reduction of states or changes in the conditions of the employment contract, the dismissal of pensioners occurs as well as other employees.
A compromise solution may be a translation of a pensioner employee to a reduced schedule.

The dismissal at his own request of the pensioner is considered in detail in the Labor Code (Article 80, Art. 77), as well as in the following regulatory documents:

It is necessary to know that the entry of the employee is not considered to be dismissal. When retirement retirement is entitled to receive pension provision in accordance with the norms of the legislation of the Russian Federation.

Legislation also says that a citizen has the right to dismiss if he accepted such a decision. He can notify the employer at any time with the help of a departure. Next, the employer signs a statement and issues an order with which it is necessary to familiarize the employee.

The procedure for the dismissal of pensioners at their own request in 2020 has the following features:

an employee may not inform the employer about his decision to stop working activities in 2 weeks, if the cause is retirement;
if the reason for leaving the organization is not related to retirement, then a citizen is obliged to warn the employer for 2 weeks;
if a citizen decided to get a different company, the change of work will not affect the receipt of the pension.

Applying an entry into the workbook, you need to take into account its future plans. If a person plans to work in another organization, it should be indicated that it leaves with work in his decision. If the decision is made in connection with a retirement, this is done by the relevant entry.

On the last day of work, a citizen receives a full calculation. Also, he is returned to the employment record.

Details of the dismissal of a pensioner at their own request

According to the law, retirement workers may not work out for two weeks, retirement, so the manager is obliged to make care from work according to the timing specified in the application.

In special cases, when it does not work immediately (for example, if an employee is a materially responsible person), he must report his decision to the employer in two weeks.

Nuances of dismissal at their own request of the working pensioner

How retirees are dismissed at their own desire, we have considered. It should be mentioned about some nuances:

The citizen who previously worked earlier, after the end of the work activity, is obliged to report this to the Pension Fund of the Russian Federation. To do this, you must provide a book and a copy of the order confirming the retirement. He can write a statement about.

There are cases when the dismissal of a working pensioner at his own will occurred with violations of the law. Under art. 3 of the Labor Code of the Russian Federation, the employer has no right to force an elderly worker to apply for care. The rules for the dismissal of a working pensioner at their own will, say that a citizen in this case has the right to apply to the court. If he can prove this fact, the employer will oblige to return him workplace and pay material compensation. Moreover, from 10/14/2018 in the Russian Federation, criminal responsibility was introduced for the unreasonable dismissal of the person of pre-age (a person who, before the release to a well-deserved rest, was left 5 or less). Penalties under Art. 144.1 of the Criminal Code make up to 200,000 rubles.

Strong workshop restrictions are provided for only for individual professions (for example, if work is related to harmful production, underground work, with radioactive production, etc.). Consequently, the head has no right to apply to the employee with a request to leave the referred position due to the fact that he achieved a certain age.

Pensioners are eligible for a number of benefits. And one such benefit is not to work out legitimate two weeks at dismissal, which is mandatory for other categories of citizens. But there are several cases when the law makes it possible to argue about the legitimacy of the requirements regarding this category of employees.

The procedure for dismissing the pensioner is no different from the dismissal of an ordinary employee, but several nuances must still be observed. And these nuances are connected with a legitimate concept - retirement. But, unfortunately, there are employers who involve this concept incorrectly, and accept an application for dismissal from a pensioner with violation of legislation. That is why each pensioner needs to know whether a working pensioner can quit without working out.

First, it is necessary to understand what legislative acts regulate the dismissal of a working pensioner without working out, and it is necessary to apply to the Labor Code and the Federal Law of the Russian Federation, namely:

Labor Code, Article 80, Part 1 - It indicates the requirement that a person is obliged to work out for 14 days when dismissing, and exceptions are spelled out, which give the rights to employees to finish work per day, which is specified by the employee in the submitted statement.
Law No. 173 "On Labor Pension" and Law No. 166 "On State Pension Provision", it is in these laws that are attributed types of pension provision.

There are no texts detailed description What kind of pension falls under these benefits and how many times the pensioner can dismiss without working out. That is why there are controversial moments in this issue, and if the employee and the employer cannot reach a mutual agreement, then it can be considered in court.

Pensioners, like other employees, are fired by the general basis. In other words, they require a specific reason for termination of an employment contract with an employee. But most often, even with the reduction of state, many employers are in no hurry to dismiss pensioners, since those of those great experience and they are valuable personnel.

The pensioner has the right to terminate the contract due to retirement, and at the same time not to work out legitimate 14 days. And in the application it is necessary to specify the cause and date of the desired dismissal.

But if during the work, the pensioner allows mistakes or neglects its direct responsibilities, then the employer has the right to dismiss it on the basis of Article 81 of the Labor Code of the Russian Federation.

Also, the pensioner should be known that the employer has no right to dismiss him if he has reached retirement age. But in this case, pensioners have no benefits at work, in comparison with other employees.

And employers should pay attention to the following:

If a pensioner does not have a desire to terminate the employment contract, then it is impossible to dismiss it when retirement age is impossible - Article 3 of the Labor Code of the Russian Federation.
The court will defend the rights of pensioners, so after dismissal this employee will be restored at the workplace with all the consequences for the employer.
When liquidating the enterprise, the dismissal of pensioners occurs under the general basis.
Pensioner can be suggested to change the post or go on a part-time. This is done if the employee does not want to terminate the contract, but at the same time he begins to fulfill his duties.

In which cases, a working pensioner can quit on his own desire without work

Not every dismissal can be the subject of the dispute. Most often, this process fully complies with legislation and implies the dismissal of a working pensioner without working, this happens in the following cases:

When a person receives the status of a pensioner, and in this case it is about any pension provision, including preferential.
Upon reaching an agreement between the employer and the pensioner, if the first officially permits not to work out 14 days.
If the pensioner has already dismissed when retirement, but then got a job again and has another reason for terminating the employment contract, which by law allows him to quit one day.
If there is no record in the employment record that the pensioner has already dismissed due to retirement, even if there were such circumstances.

All records that are entered into the labor book must be tracked, since the work experience and a number of benefits may depend on its wording. Since employers do not always show care in these issues.

In the Labor Code, Article 80 is spelled out that a person has the right to terminate the employment contract without working out two weeks, if there are reasons that interfere with continuing labor activity. And among such reasons is retired. But retirement is not a reason for dismissal. In this case, this is the right of an employee to receive pension provision in accordance with the law. If the pensioner is dismissed at his own request, this is his right to receive this provision.

The labor legislation does not indicate the periods between obtaining the right to retire and dismiss a working pensioner. Such workers have the right to write an application for dismissal immediately after this right arose, or after some time. And the employer has no right to set deadlines.

If this right is, the dismissal of the employee must be held in the period which it determines himself. Article 80 of the Labor Code of the Russian Federation, paragraph 3, is not specified that the dismissal employee must explain the cause of dismissal, but it should be indicated if the dismissal gives the employee some benefits. So, the dismissal of a pensioner at his own will without work is a benefit that the Labor Code guarantees him. That is why the reason for dismissal will have to specify.

And in the statement, the employee may indicate the following: "I ask you to dismiss me at your own request on April 16 due to retirement." A number of employers asks to apply a pension certificate to this statement, although such a requirement does not have legal grounds. When writing a statement for dismissal, the pensioner is guided by the procedure that is registered in the TK RF, namely:

Indicates the name and position of the employer;
Your name and position;
A request for dismissal and the date of the desired dismissal.

At the end puts the signature and the date of application.

So that there were no conflict situations, the pensioner must be removed from the statement by photocopy, and then ask the employee who will accept the application, put on photocopies the date and number of the incoming document.

There are employers who believe that the pensioner has the opportunity to quit the retirement day. But if the pensioner accepted the desire to quit after this date, the employer may appoint him to work out, but it is illegal. The pensioner has the right to terminate the employment contract at any time convenient for it, regardless of the release date for a well-deserved rest.

Can a military pensioner quit without work

Often disputes arise as to how to quit the working pensioner without working, if he is a soldier. In accordance with the law, in such situations it is necessary to take into account the moment of acceptance of this employee:

If the employment was until the employee reached the retirement age, then the dismissal should be carried out without working out;
If the employee was hired, already having the status of a military pensioner, then the employer has the right to oblige him to work out for two weeks.

About controversial situations

A lot of disputes have a relative of whether a pensioner has the right to quit without work, if this benefit was used earlier. In this case, there are no uniform opinions from employers or in lawyers or in legal proceedings, whether the pensioner can once again use this benefit. Most often with such situations are confronted by military pensioners who receive these status in another working age, and then go to work in civil places, but when they dismissal, they are trying to use the right of a pensioner.

There are several opinions on this subject, and each has ship precedents for each:

After the employee received the status of a pensioner, he has no right to re-preferential dismissal. That is, Article 80, part 3 of the TC involves the actual retirement, and not the status of a pensioner, and at the same time the article does not spend the opportunity to terminate labor contracts without working out legitimate days. And this opinion is logical, since a person according to the law cannot re-obtain the pension status.
If a citizen already has the status of a pensioner, but he did not use the benefit on dismissal, then the dismissal without working two weeks will be produced if the employee itself wishes. I.e, this solution It already depends on whether there is an entry that the benefit has been used or not.
The law no restrictions on the provision of a pensioner the possibilities of dismissal without work, and this means that this right will be permanent after retirement.

By and large, all events will depend on which position will occupy the manager, and if the case will be solved in court, then the judge will decide. The decision can occupy any party, and examples of this can be considered in each region. Before you contact the Court with this question, you need to consider a specialized lawyer.

That the dismissal of pensioners says Rostrud

Explanations of Rostruda, in the question whether the pensioner can resign without work out about the fact that each case refers to a certain category that has its own time.

Not always at the time of termination of the employment contract between the employee and the employer there are conflicts. As a rule, the dismissal procedure occurs in accordance with the legislation, and the pensioner does not work out for two weeks laid under the law.

As a result, the following citizens can be calculated for dismissal without working during the usual procedure:

All citizens who are recognized by pensioners and the type of pension funding in this case is not important;
Citizens who were able to achieve with the leadership of the Agreement, in accordance with which they may not work 14 days, but this fact must necessarily be fixed in the documents so that there are no difficult problems;
Citizens who have already dismissed due to retirement, but began to work again. If they have good reasons prescribed in labor legislation, then citizens have the right to leave the workplace on the day of rupture of the contract;
Citizens who have no record of dismissal due to retirement in the employment record. This applies to cases when the dismissal was the main reason, but it was not listed in the labor book.

It is worthwing to know that when dismissal or with employment, it is necessary to carefully check the wording, which is entered into the employment record, as labor experience will depend on it and all relying benefits.

And military retirees, the focus is on the process of employment, that is:

If a person was employed before retirement, he will dismiss without working out;
If a person was hired already in the status of a pensioner, then the employer has the right to demand to work for two weeks.

In addition, military pensioners high the possibility of a collision with the problem of obtaining after the dismissal of benefits if they were used earlier.

But the final decision, as a rule, is made by the employer himself. But it is connected with the fact that there are no specific instructions in law depending on the type of pension.

What grounds may be dismissed by a pensioner from work

Achieving retirement age is not a reason for dismissal, but the employer has the right to offer this employee another position, but only if an employee gives his written consent to this.

The dismissal of a working pensioner can be carried out on general reasons, that is:

By his desire;
At the initiative of the employer;
By agreement of the parties.

The total order is almost no different from the dismissal of a simple employee, except for whether a pensioner is dismissal without working out two weeks.

If the dismissal occurs to reduce the state, then the pensioner has a predominant right to save the workplace. Of course, in the law of direct instructions, this fact is not, but the main part of the employers is in no hurry to dismiss pensioners, because of their great experience. But there are companies that make a decision primarily to dismiss pensioners.

If a working pensioner was noticed in violations, and on this occasion can be fired, then the employer has the right to boldly spread with it, but only if all personnel documents are issued correctly.

About dismissal at your own accord

The working pensioner has the right to terminate the employment contract for his own accord and this does not contradict the law. The employer has no right to impede this desire. If a person decided to quit the retirement due to retirement, he needs to write a statement and put in it the date of dismissal and the appropriate reason, in which case dismissal at his own request of the pensioner without working out.

Such an employee is fired by the general rule and full calculation, that is, the employer pays him wages and compensation for vacation, which was not used. Some employers pay additional benefits, and in the employment record then recording is made - in connection with retirement.

The pensioner has the right to continue to work and after the occurrence of retirement age. He may be quit at any time, but to stop labor relations using benefits only once. If, after retirement, the pensioner goes to a new place of work, he will be able to quit it for other reasons, for example, at his own request.

If the pensioner indicated in the application for dismissal this basis, then it can be dismissed without two weeks.

Dismissing a working pensioner to reduce staff

Many firms, in connection with the reduction of states, fired by pensioners. Dismissal in this case will occur on a general basis, but how to quit the pensioner without working in this case, it should be disassembled. So, the order will be the following:

An employee who falls under the reduction is warned about this for a month, the notification must be written and his employee must sign.
An order is published on the company and the staff schedule is changing. It is worthwing to know that the reduction of the state, as a way to dismiss pensioners is not legal, the schedule must definitely change, and the position is reduced.
Often in the employment contract with a pensioner, the employer indicates the benefits that they have in the enterprise more than 20 and 25 years. Most often - this is the preferential right to maintain the workplace, but this is only the right of the employer, not a duty. If this condition is in the contract, it must be respected.
Pensioner can offer a position that will not be reduced.
If the pensioner does not agree to a new position, then labor relations will cease on this basis. But the proposal should occur in writing, as well as the refusal of it.
The pensioner makes the payment of all compensations and benefits that are spelled out in the Labor Code of the Russian Federation in the reduction of states - this is:

Salary for the time that was actually worked out;
Compensation for vacation if it has not been used and if it is available;
Allowance for the first two months after dismissal, and if necessary, then for the third month;
Additional benefits for the discretion of the employer who are not provided for by law.

Is it possible to quit a pensioner without working out due to early retirement

The pensioner has the right to quit work to achieve retirement age. In Russia, it is 60 years old for men, and for women is 55 years old, but in some cases an early retirement is also possible.

If the pensioner is fired precisely on this basis, then it can do it only once in his life. And the employment record will be recorded - in connection with retirement. Then the application for dismissal can be served in one day before the date scheduled, and the application indicates the reason for retirement and the date of the last working day. In this case, it may be a pensioner to quit without working out for 2 weeks, the employee writes this statement, and the employer publishes the appropriate order. All owned retired benefits are paid to the nearest salary day.

What should pay the employer

In addition to the question of how to resolve a pensioner without work, there is another not a little important question that the employer must pay him when dismissal upon retirement, by agreement of the parties or at the request of the retirement itself. By law, the following is subject to:

The salary for the time that was actually worked out this month, that is, in a month in which labor relations stop;
Compensation for vacation days that were not used if it is in a pensioner in the current year;
Additional benefits for the discretion of the employer.

If the dismissal of the pensioner occurs when the state is reduced or during the liquidation of the enterprise, the pensioner should receive the following payments:

Wages for the time that was actually worked out;
Compensation for the days of unused vacation;
Allowance for the first two months after dismissal, and if necessary, then for the third month;
Additional benefits for the discretion of the employer who are not provided by law;
If the work of the pensioner was carried out in the areas of the Far North or in the areas equal to it, the payment of benefits is extended from three to six months.

But there are several moments in which a reduction in the benefit may occur:

The pensioner worked in seasonal work;
The pensioner refused to transfer to another position to another enterprise under the employers' agreement.

Terms of testing during dismissal

In the Labor Code, Article 80, paragraph 3, spelled out all the time consistent with the dismissal. But if the pensioner should work out this period, and if not, then, as a pensioner to quit without working on one day, it is worth it to disassemble more.

If the dismissal of the employee occurs due to retirement, he has the right to get a settlement on the day of filing an application for dismissal indicating the causes. But, as a rule, the calculation of such workers takes place in the coming day of payment wages, by prior arrangement with a pensioner. Operating in this case is not required. But so that there were no difficulties, then the desire to quit the achievement of retirement age, notify the accounting should be in advance.

If a working pensioner indicated as a reason, I ask to dismiss at my own request, as a working pensioner, then it should work for no more than three days. And if there is no reference to the retirement age in the statement, then the dismissal will be carried out on the general reasons, that is, it will have to work for two weeks.

If the state is reduced, the pensioner has the right to terminate the employment contract before than other employees, but for this should be pre-negotiated with the employer. Then the pensioner can quit without work.

In any case, working a pensioner and an employer can reach an agreement on the issue of working out when dismissal. Establish an agreement is required in writing, and then sign it by both parties. One copy will remain at the employer, and the second will be given to a pensioner.

How to write a letter for dismissal

Like any other document, the dismissal application requires a serious approach. It is from him that the dismissal of a pensioner will depend on how it is possible to quit without working as a working pensioner. Therefore, you should remember the following:

If there is a record "dismiss at your own request due to retirement", then it is not necessary to work out, and a person may leave the workplace the next day.
By specifying the date, leave the workplace before it does not work.
If it is indicated to "fire as a working pensioner", then work will have to work, but not more than three days.
And if the wording is limited to "dismiss at your own request," then it will have to work out legitimate two weeks.

During the writing of the application, you need to specify the FIO of the employer, its name and the position, and also express a request for dismissal indicating the causes and dates of the last working day in free form. It is also necessary to put the date of writing the application and the signature of the dismissal. After that, the application must undergo a mandatory registration.

If there is a desire, the pensioner may leave the workplace without working out, even if this right has already been used earlier. To do this, it is enough just to conclude a written agreement with the employer. But if it did not work out, then the correct statement will help reduce the development of up to three days. And if dismissal occurs with retirement or by agreement, it is not required to work.

Experts will tell how to dismiss a pensioner and can it be done on the initiative of the employer. Download all the necessary documents and follow the councils of experts.

In the article:

Download the documents that are needed for retirement:

How to keep a pensioner's dismissal at your own request: General Order

Upon reaching the retirement age, the employee has the right not only to continue to work by issuing an academic pension in old age. Worker can I. rather on his own request due to retirement (paragraph 3 of Part 1 of Art. 77, Part 3 of Art. 80 of the Labor Code of the Russian Federation). Or terminate labor relations with the employer at your own request, without specifying a specific reason.

Having reached a certain age, the employee has the right to quit on his own initiative. In general, the termination of TD is carried out two weeks after the employee warned his employer about the rest, submitting a written statement.

Statement of the employee on the dismissal at his own request in connection with retirement

Attention! The dismissal of a working pensioner is unacceptable due to the achievement of their old age. The Labor Code does not provide any restrictions if the employee wants to continue to work. The employer is not entitled to reissue a permanent TD on urgent if the employee received the corresponding status.

The dismissal of pensioners under the Labor Code of the Russian Federation is carried out on the basis of the paragraph of the third part of the first article 77. Incovering records that the cessation of TD took place on the basis of these articles, will allow an employee to take advantage of certain benefits provided by the legislation. Employer employer must terminate at the date established by the employee.

The law on the dismissal of pensioners in connection with their exit to the well-deserved rest allows you to quit the two-week working out of the general case.

Payments to working retirees during dismissal should be carried out in general. On the last day of work, there is a complete calculation, including accrued compensation for unused vacation, and the employment record with entries.

How to make a dismissal of a pensioner on your own accord without work out and with working out

The dismissal of a pensioner at its own will, without 14-day development, it is possible only when leaving the honored holiday for the first time. The termination of TD will take place on the basis of the application provided. The warning period established by the legislation in two weeks can not be observed. Such a benefit is valid only once.

If the workbook has already been previously indicated as the basis of the termination of labor relations the wording "in connection with retirement", then such an employee will be able to quit without being developed only if there are other grounds or by agreement of the parties: an employee and an employer. Expert "Cadre Systems" will tell how to proceed with an employee's output , calculate the necessary coefficient, to conduct a final calculation, submit information to the territorial FIU.

The dismissal of a working pensioner at their own will is carried out only on the basis of an application. But if this document does not indicate the cause of termination of TD, the employer has sufficient authority to require an employee to work 14 days. Only after that, the TD will be terminated on the basis of the paragraph of the third part of the first part of Article 77 of the Labor Code of the Russian Federation.

Table. The procedure for the dismissal of pensioners at their own request

When the testing of pensioners during dismissal is not required: an example

November 13, 2019 employee S.A. Mikheev turned 60 years old. On November 12, he submitted an application to the employer with the date of termination of TD on November 14 due to retirement. The dismissal of the Labor Code for their own will provides for non-work.

Based on this:

The head signed a statement, issued an order.
The personnel record was recorded: "dismissed at his own request, due to retirement, it is paragraph 3 of part 1 of article 77 of the Labor Code of the Russian Federation".
Since payments are made on the last working day, on November 14, Mikheev issued a full calculation with compensation for days of unused vacation, workbook and other documents.

Order of the dismissal of the employee on his own request. Retirement

Is the resignation of a pensioner on the initiative of the employer

The dismissal of a working pensioner on the initiative of the employer is generally carried out. If the employee does not correspond to the position being held, repeated non-fulfillment official duties, one-time gross violation of labor duties and so on, the termination of TD is carried out in compliance with the established procedure. All cases of termination of TD on the initiative of the employer are indicated in the part of the first article 81 of the Labor Code of the Russian Federation.

The fact of any violation must be fixed documented. This will avoid the fact that the employee will have to restore at work by court decision.

How to dismiss a pensioner to reduce the state

It is possible to dismiss a pensioner to reduce the state. Previously need to notify it about it. For details, see the article on the site site.

When dismissing in connection with the release of a well-deserved rest, an employee is entitled to take advantage of the benefits established by the legislation and terminate labor relations into the day specified in the statement, that is, without work. Repeated dismissal for such a base without work is unacceptable. If an employee has already taken advantage of this benefit, the termination of labor relations is carried out under the general rules. You can check this circumstance according to the records in the employment record. In this case, the personnel is not necessary to make an entry on dismissal with the wording "in connection with retirement" into the labor book. When dismissing an employee at his own request, without specifying the reason "in connection with retirement", the employee will have to fully work out for two weeks, if less than a long term will not be agreed with the employer. The termination of the employment contract will be held in the manner prescribed by law.

The Labor Code includes a number of special rules governing the relations of employers and workers in the status of pensioners. These norms are those that establish certain privileges for citizens in part of the duties for the development of 2 weeks at dismissal. Let's see: Should a pensioner work out for two weeks when dismissal at your own accord?

Why do you work out for 2 weeks when dismissal?

Answering the question - when the pensioner leaves work whether he should work out 2 weeks, it is useful, first of all, to understand what two-week work is in principle there is a speech. Isn't it just to quit, without thinking of any work?

In general, there are no such privileges from the employee. Article 80 of the Labor Code of the Russian Federation instructs an employee who initiated the termination of the contract with the employer, to warn the latter about it no later than 14 days before the desired day of dismissal.

However, the dismissal of a pensioner without work out is an exception to the rules. But it applies only in certain cases. That is, scripts are possible, at which:

citizen, using privileges, does not work out 14 days (more precisely, it does not have the obligations to warn the employer about the desire to terminate the contract in compliance with this period);
development when dismissing a pensioner is still required.

Consider them in more detail.

When does the pensioner do not work out 2 weeks?

In Article 80, the Labor Code of the Russian Federation explicitly state that the development of 14 days (the warning of the employer in compliance with this period) is not required if the dismissal is due to:

exit employee retirement;
the beginning of the staff of the employee in an educational institution;
other reasons provided by law.

Thus, as soon as a person receives a retirement, he can apply the first of the listed grounds for dismissal without working out.

At the same time, then, whether to work out a pensioner during the dismissal period, depends on the observance of a number of formalities when terminating the contract. The most important thing is: the employee must indicate a statement to the termination of the contract, which is fired precisely in connection with access to a well-deserved rest (optionally referred to the norms of Article 80 of the Labor Code of the Russian Federation). Subsequently, this reason for dismissal is fixed by the employer in the Employee Labor, with whom the contract is terminated.

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Can a pensioner quit without working, simply having agreed with the employer, with whom good relations have developed, not pay attention to the formalities? Of course. A negotiated employer can agree with a worker of any age and experience. But all this is unofficial - the law does not regulate such agreements.

Moreover, if the employer agrees to the dismissal of a pensioner without working out two weeks, provided that a person writes a normal application for termination of the contract (without pointing out that it comes to a well-deserved rest, while the employer makes an ordinary record in the Labor), then the privilege, which is discussed, the person will remain "about the supply". It can be implemented if the next employer will not be as agreed.

The answer to the question is whether the work is needed when dismissing a pensioner, it may be negative for another reason - if a person at the time of dismissal has formed a "neglected" vacation for a duration of at least 14 days. In this case, vacation days may well be credited to the necessary work. Such an option is promising if, due to certain circumstances, the person is still required to work out 2 weeks.

What circumstances are we talking about? In what cases the answer to the question is whether it is necessary to work out a working pensioner for 2 weeks when dismissal, will be positive?

When does the pensioner work out 2 weeks?

This is possible if:

The person did not point out a statement to the termination of the contract, which is dismissed due to the exit to the honored rest

In this case, the employer who knows the norms of the Labor Code of the Russian Federation and how the dismissal of a working pensioner occurs (whether it is necessary to work 14 days and when), may, reflecting on the formality, require a person to work out for 2 weeks.

True, nothing prevents an employee to write another one, the correct statement - with the necessary wording. But as long as he does not do this, it will not disappear on how to work out anywhere.

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The person is newly employed after the realization of the right to dismissal without testing 14 days

Moreover, it does not matter - whether he returns to the former place of work, or is issued to another company.

Whether a working pensioner should work out for 2 weeks when dismissing, depends on whether there is an entry about the person's employment record that there was a previously termination of the contract on the basis of the release of a well-deserved rest. And if there is such an entry, it does not allow the law to re-implement such a privilege.

But, again, nothing prevents the new employer to meet a person and, without thinking about whether a working pensioner should work out for two weeks, still let go of an employee without work, even with a record in the Labor - and here you can agree.

Such is the specifics of the legislative regulation of mutual obligations of an employee who comes to a pension and its employer. We will now try to summarize the main conclusions to which we came.

Summary "Question-answer"

Does the pensioner work 2 weeks when dismissal?

The answer is no if:

he is fired on the grounds that goes to a well-deserved rest (and indicates this in a statement on the termination of the contract), and applies this basis for the first time;
he has "neglected" days of vacation.

The answer is yes (if an agreement between the employer and the employee is not identified otherwise), if:

a person does not indicate a statement on the dismissal that ceases work due to retirement;
after dismissal on the relevant basis, a person is newly employed (no matter, to the same employer, or to another), and then initiates the termination of the contract.

How to quit a pensioner without working with compliance with all formalities?

The most important thing is that you need to do is to point out in a statement to terminate the contract that dismissal is due to the exit to a well-deserved rest. You can refer to Article 80 of the Labor Code of the Russian Federation. The employer will then make the necessary records in the employment record - if not specified otherwise.