Dismissal of a pensioner without working off two weeks of clarification of rostrud. Is it necessary to work out when dismissing a pensioner

16.09.2019

Not every employer agrees that pensioners work on the staff of the enterprise, and although older people have a lot of experience, they often try to get rid of them. Meanwhile, the law explicitly prohibits such discrimination, giving the elderly the same rights as the rest of the company's employees. Before dismissing a pensioner in 2018, the director of the company should study the legislation on this issue well (or submit an online application for legal advice) in order to avoid violations and fines from the labor inspectorate.

Is retirement age a reason for dismissal?

It is widely believed that reaching retirement age is the reason for dismissing an employee “for a well-deserved rest”, but this is not at all the case. According to Russian legislation, for men, the retirement period in 2018 is 60 years, for women - 5 years less (at the same time, early assignment of such social payments is possible), but nothing prohibits them from continuing to work. If an employer tries to dismiss a pensioner without his consent, explaining this by age limits, then the labor inspectorate will quickly restore justice.

According to legislative norms, the dismissal of a pensioner in 2018 does not differ from the termination of contractual relations with other categories of employees. After reaching retirement age, all the norms of the Labor Code of the Russian Federation (Labor Code of the Russian Federation) continue to apply to a working person, but at the same time, the state provides for a number of indulgences that facilitate the process of work and retirement. For example, guaranteed extraordinary leave of up to 14 days without pay and dismissal without two weeks of work.

Legal Framework

In order for the dismissal of a pensioner in 2018 to take place without violations, the employer needs to know the legislative requirements well. Depending on the specific situation, these rules will be regulated:

Federal Law No. 400-FZ of December 28, 2013 “On Insurance Pensions”;
Federal Law No. 173-FZ of December 17, 2001 “On Labor Pensions in the Russian Federation”;
Articles 80, 81 of the Labor Code of the Russian Federation.

Conclusion of urgent contracts

This type of working relationship has a clearly defined time frame (up to 5 years in accordance with Article 59 of the Labor Code of the Russian Federation), determined by the period specified in the contract. Such an agreement is convenient for the employer, because it simplifies the procedure for terminating employment, does not require the payment of severance pay, and is easily used as a means of age discrimination.

Getting a job, a person is interested in the working relationship being established for a long time. The conclusion of a fixed-term contract will be a convenient way to get rid of a retired employee who will not be well protected socially and legally, which is why this form of employment relationship is permissible only with the voluntary consent of the person applying for a job. At the same time, the employer should be aware that the illegal conclusion of a fixed-term contract is easily appealed in court, based on Article 77 of the Labor Code of the Russian Federation.

Rights of a working pensioner

According to Russian legislation, an employee of retirement age is not limited in any way in comparison with other employees, on the contrary, he has a certain superiority, which should be taken into account when leaving. These benefits include the absence of work and the possibility of obtaining a pension while continuing to work.

Benefits and Benefits

In accordance with current legislation, a working pensioner has more opportunities than his colleagues. These are benefits such as:

The possibility of terminating the contract without notifying the employer about it two weeks in advance, if the reason is going on 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 working off?”, Which may arise from the personnel department of an enterprise.
The right to receive a pension (but while a person is working, this category of payments is not subject to annual indexation).
Receiving an additional 14-day vacation at your own expense.

How to fire a pensioner in 2018

For a personnel officer, the dismissal of a pensioner in 2018, just like in previous years, should be based on legislative norms. At the same time, termination of employment relations with infringement of the rights of the employee due to his age is not allowed - this will be regarded by the court as discrimination. In accordance with the current Russian legislation, the following options for terminating relations are possible:

at will;
at the initiative of the employer;
by agreement of the parties.

Of your own accord

Voluntary resignation of an employee of retirement age is no different from the termination of an employment relationship with other employees, except that such an employee is spared two weeks of work. To do this, the prepared application must contain an indication that the employment relationship is terminated due to retirement. If later a person of retirement age gets a job again, then at the next termination of relations with the employer, this benefit will no longer be available for him - according to the Labor Code of the Russian Federation, it is provided only once.

The dismissal of a pensioner in 2018 for financially responsible persons has its own characteristics. The termination of work activity in this case implies an inventory and transfer of the entrusted property to the successor or employer, and the resigning person must warn the manager in advance (two weeks in advance). This is done with a statement.

At the initiative of the employer

Although the law does not allow the dismissal of a pensioner in 2018 due to reaching the appropriate age, there are other options for terminating an employment relationship at the initiative of the employer. Legally permitted cases include termination of the contract:

due to the liquidation of the enterprise or the termination of the activity of an individual entrepreneur;
due to downsizing;
in case of inconsistency of the employee with the position held;
in case of violation of internal regulations or theft of property.

The first two reasons are the most common. If it is desired / necessary to reduce the employee at the initiative of the employer or dismiss him due to the liquidation of the organization, the personnel department is obliged to notify the employee about this two months in advance. Termination of the reduction contract provides for a change in the organization's staffing table, where the previous position should be absent. The employer needs to know that staff reduction cannot be used as a way to get rid of pensioners - directors can be held administratively liable for this.

Another prerequisite is that when a pensioner is dismissed in 2018 due to a reduction in staff or the liquidation of an enterprise, the accounting department is obliged to make all payments necessary by law to the employee. This includes the payment of a two-month salary and compensation for unused vacation. Alternatively, when the staff is reduced, the employee is offered another position. With the consent of the employee, he does not quit, but is transferred to this specialty.

If the dismissal of a working pensioner in 2018 occurs due to inconsistency with the position held, then this decision must be supported by relevant documentation. It includes:

the conclusion of the medical board on a change in the state of health, excluding the possibility of performing work duties (a medical examination is necessary regardless of whether the employee is disabled or not);
a documented low level of qualification discovered during professional recertification.

Violation of internal regulations (for example, appearing at the workplace drunk) or material harm to the organization (for example, theft of property) are legally considered as reasons for terminating an employment contract. In this case, the incident must be formalized in an appropriate way - an act is prepared and written explanations are received 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 a pensioner in 2018 by agreement of the parties should take place in accordance with Article 77 of the Labor Code of the Russian Federation, while the initiator can be both the employer and the employee himself. Depending on the reasons, the benefits of this form of termination of employment include:

the possibility of the absence in the application of the reason for the termination of employment;
a favorable alternative to breaking the employment contract through the fault of the employee, an “unspoiled” work book;
extension of continuous experience for another 1 month;
the possibility of obtaining more acceptable conditions (the amount of compensation, etc.) than in case of dismissal "of one's own free will".

In what cases is processing mandatory?

Although, according to Russian law (Article 80 of the Labor Code of the Russian Federation), the dismissal of a pensioner in 2018 does not provide for a two-week working off, there are exceptional cases. These include termination of employment situations:

by agreement of the parties, when it is required to find a new employee for a vacant position;
if the retired employee going on vacation is a financially responsible person, and an inventory with the transfer of cases is required;
when the employee has already once exercised the right to preferential dismissal without working off.

The procedure for the dismissal of pensioners at their own request

Although this form of termination of employment obligations is the most common case for employers, the dismissal of a pensioner requires attention from both the personnel departments of the enterprise and the employee himself. In order to properly go on vacation, the employee must:

Determine the date of termination of employment and write a statement indicating the date of termination of work and the wording - "in connection with retirement." The situation may require working out (for example, for inventory), it is necessary to take this into account when calculating so that the additional term at work does not come as a surprise.
The application is handed over to the employer (preferably with a signature on receipt on the second copy of the document). The director may require that a copy of the documents (for example, a pension certificate) be attached to the application - labor legislation nowhere speaks of such an obligation for a resigning employee, therefore, the fulfillment of this requirement remains at his discretion.
The director must issue an appropriate order terminating the employment relationship from the specified date.
By the time the employment relationship is terminated, the accounting department calculates all necessary payments.
On the last day of work, the resigning employee receives a calculation and a work book. In some cases, money can be transferred not on the last day, but a little later - when other employees receive salaries.

How to write an application correctly

Although there is no statutory application form, it must necessarily reflect some points. These include:

Surname and initials of the head of the organization and his position.
Surname and initials of the applicant, his position, indicating the unit.
The word "Statement" in the center.
Text indicating the date of termination of employment.
If an employee claims to receive a benefit - the absence of a two-week working off, then he must indicate the reason for the termination of the employment relationship - "in connection with retirement."
The statement ends with the date of writing and signature.

What payments are due

Upon dismissal of a pensioner in 2018, he is entitled to a number of payments and compensations - some of them are mandatory by law, but there are also payments that are entirely dependent on the employer. Terminating the employment relationship, the employee must receive:

salary for the hours worked without the formation of debt from the employer;
compensation for unused vacation (calculated by the accounting department based on the average daily income).

Right to additional payments

In addition to transfers that are mandatory by law, retirement benefits can also be established by the employer itself (for example, this includes an additional retirement benefit, the amount of which is not regulated by law in any way). But there are additional payments established by the Labor Code of the Russian Federation, which the employee receives upon dismissal due to redundancy or liquidation of the organization - this is a benefit in the amount of two monthly salaries (if the employee was engaged in seasonal work, the compensation payment will be less).

Rules for the dismissal of pensioners during staff reductions in 2018

With the reduction of the staff of the enterprise, people of retirement age are dismissed on a general basis. At the same time, an imaginary reduction aimed at formalizing the retirement of a pensioner with the least losses for the organization is not legitimate - the previous position should be removed from the staff list so that a new employee cannot be taken to this place. The director must adhere to the following procedure:

Announcement to the employee (under signature) about changes in the staff list two months before the dismissal.
Preparation of an order to change the staffing table due to the reduction of certain positions.
Determining whether an employee can occupy other vacant positions at the enterprise (in some cases, this is prescribed in the employment contract as a benefit, if there is a long work experience at the enterprise). If the employee agrees, the dismissal procedure is replaced by a transfer to a new position. An offer for a new job is made in writing - if the conditions do not suit the employee, he can refuse them, which returns the process to the execution of the dismissal procedure.
Calculation of all payments necessary for the employee in accordance with the Labor Code of the Russian Federation (salary, compensation for unused vacation, benefits in the amount of a two-month salary). If the organization has additional benefits for those leaving for a well-deserved rest, they are also added to the total amount.

Benefits and compensation in accordance with the Labor Code of the Russian Federation

Retirement for a well-deserved rest implies full settlement with the employee. On the last working day, with a reduction in staff, he must be paid:

Salary for hours worked in the current month.
If there is unused vacation - compensation for it.
Benefit in the amount of two months' salary. In some cases, the payment is also made for the third month (for example, with the assistance of the labor exchange - according to the Letter of the Ministry of Finance No. required vacancies).
Additional benefits not provided for by the Labor Code of the Russian Federation - their payment will be regulated by internal regulations.

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

In certain cases, labor legislation provides for a reduced amount of compensation payments upon dismissal. An allowance in the amount of two weeks' salary is paid in the following situations:

if the work of the employee was seasonal;
if on his part there is a refusal to transfer to another organization by agreement between employers.

Features of the payment of compensation to workers of the Far North

Article 318 of the Labor Code of the Russian Federation declares state guarantees for those working in the Far North (and territories equated to it in closed administrative entities and areas from a special list) in case of dismissal due to staff reduction or liquidation of the organization. In this case, the dismissed employees are entitled to payments in the amount of the salary for the period of employment, but not more than six months.

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The reasons for the termination of cooperation may be different: a transition to a more paid organization or unwillingness to work on the proposed terms. Many are interested: is it possible to quit "without working for two weeks"? The answer to this question depends on the situation.

Legal side

The wording "working off two weeks" is incorrect. According to Art. 80 of the Labor Code of the Russian Federation, it is necessary to notify the director of the termination of cooperation. We are talking about the warning period, not additional responsibilities. Since the name is common, we will continue to conditionally call this period “working off”.

According to the general rules, dismissal “without working off two weeks” is impossible: first, a written application is provided indicating the grounds and a reference to the NLA, then the management has 14 days to complete the calculations and search for a candidate (calculation starts the next day). But in practice, this formality can be bypassed.

How to leave "without working out 2 weeks": possible options

If an employee intends to leave the organization as soon as possible, he must comply with the requirements of the manual. There are several ways to safely solve the problem:

Arrange with the director of the enterprise.
Inform in the application the reason for the dismissal "without working off", provided for by the Labor Code of the Russian Federation.
Arrange a vacation with the termination of cooperation in the future.
Have documentary evidence of violation of rights by management.
Apply for sick leave with further dismissal (supporting documents will be required).

Is it possible to dismiss "without working off" by mutual agreement?

This method is considered the simplest and most convenient for all interested parties. When good relations with management are established or there is no need for a delay, by mutual agreement it is possible to dismiss "without working out" even on the day of application.

Remember: if the employer agreed to prematurely part with the employee, the grounds for dismissal remain. That is, the wording "at the initiative of the employee" does not turn into "by agreement of the parties."

For what reasons can you quit "without working out"

Individuals who have signed a contract for two months or are on probation have the right to inform their superiors of their intentions three days in advance. The Labor Code of the Russian Federation regulates good reasons for which an immediate termination of cooperation is possible. They are undeniable, the opinion of management is not taken into account. Under what conditions can you quit "without working two weeks":

Enrollment in an institute, college or university for a full-time department.
An employee-student switches to full-time education (from evening or correspondence).
The spouse or spouse of the employee formalizes employment outside the Russian Federation (on transfer from the organization).

Who else has the right to quit "without working off two weeks"

An individual may leave the workplace without observing the notice period in three cases:

brings up a child with disabilities;
is an army conscript;
plans to move to another area.

Dismissal "without working off" by agreement of the parties

The initiator can be a boss or an employee. It is worth noting that the grounds for dismissal are not related to the agreement on the immediate termination of cooperation under paragraph 3 of Art. 77 of the Labor Code of the Russian Federation.

There is no information in the legislation on whether it is possible to quit “without working off 2 weeks” by agreement of the parties. Since termination is possible at any time (Article 77 of the Labor Code of the Russian Federation), with the consent of the employer and employee, it is possible to terminate the relationship on the day the application is submitted. No separate written document is required.

Can a pensioner quit "without working off"

Some people continue to work after retirement. They are subject to requirements similar to ordinary employees (working conditions, payment procedure, etc.). But there are still some privileges:

According to the second part of Art. 80 of the Labor Code, the dismissal of a pensioner "without working off" is allowed.
Such citizens are considered valuable personnel due to their rich experience and knowledge, therefore, in the event of a reduction, they are more likely to stay.

In practice, the dismissal of a pensioner at his own request “without working off” usually occurs on the date indicated in the application. The Labor Code does not set limits on the time interval, but the director of the company cannot detain such employees (many court decisions confirm this).

How to quit a pensioner "without working off"

The government often considers raising the retirement age as many continue to work. The enterprise is also not interested in the loss of able-bodied people with valuable experience and knowledge. Dismissal of a pensioner at his own request “without working off” is possible subject to two conditions:

well-written application;
availability of supporting documents.

The formality is applicable to situations where a person has worked at an enterprise for a certain time and has reached retirement age. But the question arises, what to do if labor activity continued after going on a well-deserved rest? How to quit a working pensioner "without working off"?

Legislation does not provide specific answers, so in practice there are controversial situations. Bailiffs often defend the position of employees. In order to avoid conflicts, we recommend that the management satisfy the request and formalize the dismissal of the pensioner “without working off”.

Attention

When a pensioner got a job in your organization and, after working for a certain time, applied for dismissal of his own free will, the procedure for terminating cooperation does not differ from the usual one. Premature care is not possible.

How to quit of your own free will

For example, a conflict arose between the parties. The employee filed an application for termination of employment on the basis of paragraph 3 of Art. 77 of the Labor Code of the Russian Federation and left the enterprise. In this case, the director has the right to issue a dismissal for absenteeism. The employee must know that the neglect of deadlines is possible only if the rules of dismissal of one's own free will "without working off" are observed.

A two-week period is given not only for the director, but also for the worker, in order to think over the decision well. At any time, you can withdraw the application and continue activities under the same conditions. But if you want to immediately leave the organization, the employee must:

Indicate in the application of your own free will a request to dismiss “without working off”.
Explain why there is no opportunity to work out the allotted time.

It's important to know

If during the warning period the management hired a new candidate and signed an employment contract, the dismissed person cannot return.

How to write a letter of resignation "without working two weeks"

Any employee of the enterprise has the right to draw up the document in question. For this, a standard A4 sheet is suitable. If the design is done manually, the main requirement for handwriting is legibility and accuracy. Corrections are not allowed. A sample letter of resignation "without working off" in printed form is shown in the figure:

Structure:

header - details of the enterprise and personal data of interested parties are noted;
center of the page - "Statement" is written;
the main part is a request and a link to the NLA;
conclusion - date of compilation and signature.

The employee is recommended to note the reasons for dismissal of his own free will "without working off", which are given in Art. 80 of the Labor Code of the Russian Federation. They give the right to immediately leave the workplace (discussed in subheadings 4 and 5 of our consultation). At the same time, discrepancies in situations that are not regulated by the rules of law will be prevented.

Controversial cases of dismissal "without working off"

Accountant N.V. Krylova is on sick leave, after which she plans to quit. The necessary documents have been completed. Is additional work required upon the employee's return?
Solution: the warning period is counted in the period of days of illness, therefore it is not required.
Sales manager K.P. Petrov, who works at TorgSet CJSC, wants to take his main vacation and terminate his employment relationship. Is it possible for him to quit on vacation "without working off"?
Solution: Yes. K.P. Petrov must write to the general director of TorgSet CJSC an application for a vacation with subsequent dismissal. In order to avoid disputes, put down the date of compilation.
The driver of the Kristall shopping center applied for a vacation from 02/06/2018 to 03/06/2018. A week later, he decided to get a job in another company. Is it possible to quit after a vacation without work?
Solution: There are no obstacles here: the employee submits an application with a request to dismiss on the basis of paragraph 3 of Art. 77 of the Labor Code of the Russian Federation 14 days before the end of the holiday. As a result, individuals will not need to return to work, and management will be able to find a suitable candidate.

Frequently asked Questions

Is it possible for a working pensioner who is responsible for accountable values to quit their job before the end of the warning period?
Answer: Verification and transfer of material assets may require several days. Therefore, it is sometimes difficult to part with an employee in a short time.
Will I be able to quit "without working off" if the contract has already been terminated due to retirement in another company?
Answer: When an employee leaves one organization due to retirement, and later gets a job in another, the privileges of part two of Art. 80 of the Labor Code of the Russian Federation become invalid.
Do I have the right to quit "without working off" if the manager does not comply with labor rights?
Answer: In cases of violation of the Labor Code of the Russian Federation, local and other regulations, it is possible to terminate cooperation before the expiration of the warning period. Condition - the fact of violation was recorded by the regulatory authorities.

Labor legislation does not establish a time period between obtaining the right to a pension and dismissal of a working pensioner at his own request. Such an employee can write a statement both immediately, as soon as he has received the right to retire, or after some time. The employer does not have the right to set a working time. In the presence of such a right, the employer is obliged to dismiss the employee within the period determined by him. This is stated in paragraph 3 of Art. 80 of the Labor Code of the Russian Federation. This article does not say that a resigning employee must explain the reason for his dismissal. But if the dismissal gives the employee the right to receive any additional benefits, then the reason must be indicated. The dismissal of a pensioner at his own request without working off in 2018 is a benefit guaranteed to him by the labor code. Therefore, the application must indicate the reason.

Is it possible for a pensioner to quit without working off?

Attention

The procedure for the dismissal of a pensioner at his own request A working pensioner may express a desire to quit on his own. This is not against the law. The employer does not have the right to interfere with this fact. If the reason for dismissal is retirement, then it is enough for the employee to write a letter of resignation, indicating the date and reason - “retirement”.

You don't have to work 2 weeks. The employer dismisses such an employee in accordance with all the rules, giving him a full calculation - wages and compensation for unused vacation. Some employers provide pensioners with additional severance pay.
In the work book it is necessary to make an entry "in connection with retirement." A pensioner may continue to work after retirement age.
He can quit at any time, but he can terminate the employment relationship on this basis only once.

Proper dismissal of a working pensioner at his own request

Despite this, no manager can dismiss a pensioner when he reaches retirement age. The pensioner can safely continue his labor activity legally.

Important

But if he suddenly wants to go on a well-deserved rest, then he has a chance to do this without working off, without violating the norms of the labor code, laws or regulations. Retirement options The labor legislation of Russia distinguishes 2 options according to which a pensioner can carry out his own labor activity:

after the retirement age, the employee retains the position, as well as the status;
the employee has the opportunity to get a job even when he retires.

Voluntary dismissal of pensioners The Labor Code considers the dismissal of a retired employee at will as an independent decision of the employee.

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

Info

Dismissal of a pensioner at his own request: situation 2 If the employee has already retired (resigned from another employer of his own free will in connection with retirement), and then got a job with you and, after working for some time, decided to quit, then the procedure for his dismissal in general, it will not differ in any way from the usual procedure for dismissal of one's own free will. That is, a retired employee must inform about his desire to part with the employer by submitting an appropriate application, at least two weeks before the dismissal (Art.

80 of the Labor Code of the Russian Federation). Of course, with the consent of the employer, a retired employee can be fired without working off. Dismissal of a pensioner with work off Forcing a retired employee who wants to quit due to retirement to work for two weeks is dangerous for the employer.

Dismissal of a pensioner in 2018: the rights of an employee and an employer

It depends on him when exactly the pensioner will be able to legally leave his workplace. Therefore, it is important to know that:

when recording “dismiss at will in connection with retirement”, there is no need to wait 2 weeks, and the citizen has the right to leave the very next day after submitting the document;
having indicated the date, one cannot leave his post earlier;
by entering “dismiss as a working pensioner”, you can reduce the working period to 3 days;
limiting the wording "dismiss of one's own free will", - give yourself 2 weeks of working off.

When writing an application, you must indicate the full name of the employer, your full name and position, make a request for dismissal with the reason and date of completion of your duties in a free form.
You also need to indicate the date of writing the application and put a signature. The application must be registered.

Dismissal of a pensioner

In particular:

if a citizen receives the status of a pensioner, in this case we can talk about any type of pension provision, even preferential ones;
upon reaching an agreement between the management and the retired pensioner, when the former officially allows not to work for 2 weeks;
if the pensioner has already left due to retirement, got a job again, and now has another good reason, which, according to the law, allows him to leave on the day indicated when drawing up the application;
when there is no record in the work book of a previous dismissal due to retirement, even if in fact the circumstances were such.

It is worth keeping track of all entries made in the work book, since the length of service and a number of benefits may depend on the exact wording. Employers are not always careful in such matters.

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

The practice of applying this rule is as follows:

the right to quit without working off is recognized for the employee at any time after the assignment of a pension to him;
the use of this right is allowed only once;
the basis for granting a pension does not matter (it can be any basis provided for by law: old-age insurance pension, disability pension, seniority pension, etc.).

Therefore, an employee can leave the company without working off both immediately from the day the pension is awarded, and after working for any period of time after acquiring the status of a pensioner. The right to dismissal without working off is also reserved for employees who have been employed after the appointment of a pension, but on the condition that this right has not been previously exercised by them.

Dismissal of a pensioner without working off at his own request

An allowance in the amount of two weeks' salary is paid in the following situations:

if the work of the employee was seasonal;
if on his 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 Article 318 of the Labor Code of the Russian Federation declares state guarantees for those working in the Far North (and territories equated to it in closed administrative entities and areas from a special list) in case of dismissal due to staff reduction or liquidation of the organization. In this case, the dismissed employees are entitled to payments in the amount of the salary for the period of employment, but not more than six months.

Dismissal of a pensioner at his own request

When a retired employee wishes to leave their job, they must:

fill out a letter of resignation, indicate in it the date of your last working day. Do not think that in this way a person breaks the law.
The ability to choose the date of the last working day is provided for by law;
in the letter of resignation, the employee must write "in connection with retirement." This wording of the application gives the retired employee the opportunity to set the retirement date on their own.
If the pensioner did not indicate retirement as the main reason for dismissal, the manager has every legal reason to require such an employee to work for 2 weeks. In some cases, personnel officers may require the pensioner to document the reason for leaving.

The written application must be submitted to the personnel department of the company.

It is not necessary to work out the prescribed two weeks. To avoid misunderstandings on the part of the accounting department, it is advisable to indicate your desire to terminate the employment relationship on the day of retirement in advance.

If a working pensioner indicates in the application such a reason as “I ask you to dismiss me of your own free will as a working pensioner”, then the working period is 3 days. If the application only indicates the request of the employee to dismiss him on his own initiative, and there is no reference to the retirement age, then the dismissal is carried out on a general basis.

That is, the working period is two weeks. If there is a reduction in staff, then the working pensioner has the right to quit earlier than the rest of the employees. But at the same time it is necessary to reach an agreement with the employer.

Can a pensioner quit on the same day

In order to avoid conflict situations, it is better for the employee to make a copy of the application and ask the person who accepts the application for accounting to put the date and number of the incoming document on the second copy. Some employers believe that a pensioner can quit without working out directly on the day of retirement. If a working pensioner wishes to quit some time after this date, the employer assigns him a working period. It's illegal! The pensioner has the right to quit at any time convenient for him, regardless of the date of retirement. Features of the dismissal of a pensioner under the Labor Code of the Russian Federation General conditions for dismissal apply to pensioners, as well as to other employees. That is, a good reason is needed in order to terminate the employment contract with such an employee.

The Labor Code clearly states that every citizen has the right to quit without the required work, if there are grounds for this that do not allow him to continue working. One such reason would be retirement. Every citizen has the right to receive a pension. To exercise this right, you can use a mechanism such as dismissal of one's own free will.

What does the Labor Code say?

Some heads of organizations believe that without working off the required days, a retired employee has the right to quit only at the time of his retirement. If he does this after this time, then he is forced to work for 14 days.

This is illegal, since the pensioner has the right to be dismissed on the day he writes the application.

The conditions of dismissal for pensioners, as well as for all other employees, are general. This means that very good reasons will be required to terminate the employment contract. During the downsizing, employers are reluctant to part with pensioners, as they have extensive work experience and high qualifications.

The reason for the dismissal of a pensioner may be retirement. This allows the employee to go on vacation without working for two weeks. The letter of resignation will need to indicate the date of dismissal and the reason for this.

If a pensioner does not fulfill his obligations under an employment contract, then the employer may dismiss him under article 81 of the Labor Code.

Article 3 of the Labor Code says that a pensioner cannot be fired for the reason that he has reached retirement age. In the course of litigation, a pensioner has a very good chance of defending his case and returning to his position.

Dismissal under Art. 80 p. 3 Labor Code

The legislation says that a pensioner (if he did not violate the norms of an employment contract) can only quit of his own free will.

Before terminating an employment contract, the employer must be notified in writing. If an ordinary employee must inform the management about this 14 days before the dismissal, then the pensioner must be dismissed within the period specified in the application.

The basis for such actions is the inability to continue working due to retirement. This category also includes citizens who must be trained in an educational institution.

Who has the right to quit without working two weeks

According to the law, an employee can quit of his own free will only after he has worked for 2 weeks. Article 80 of the Labor Code makes it possible to reduce this time, but there is a certain type of employee who can quit without working off.

The employer does not have the right to force pensioners, as well as full-time students, to work out the prescribed period.

But there are other conditions that affect the availability of mining:

dismissal related to moving to another region of the country;
the employee falls ill and cannot continue working;
the employee has a disability group;
he was drafted into the army;
The layoff was due to downsizing.

For family reasons, you can quit without work if:

the wife or husband is required to move to another region for a new position;
the employee takes care of children under 14 years of age or disabled children;
takes care of a sick family member;
an employee is pregnant and wants to quit;
the employee has 3 or more children under the age of 18.

An employee cannot arbitrarily leave the place of work without prior notice to the employer. If this happened, then it can be considered absenteeism.

How to fire a pensioner without working two weeks and is it possible to do this

An employer cannot force a pensioner to work for two weeks after dismissal. But a pensioner can go to meet the management and work for some more time so that a replacement is prepared for him.

In 2019, a pensioner can be fired in several ways:

By his own will;
If the parties agreed on all points of dismissal;
The company was reorganized, which led to a reduction in staff. In this case, the legislation is always on the side of more experienced employees. To avoid problems, the employer must transfer the pensioner to another position. If he refuses the offer, then he can already be fired in accordance with the law.
Provide evidence that the pensioner is not able to fulfill the obligations assigned to him. To do this, you can re-certify. If, according to its results, it turns out that the pensioner has lost his skills and cannot effectively continue his labor activity, then he can be fired.
If a citizen retires, the employer can conclude a fixed-term employment agreement with him. When it expires, the pensioner can be fired.
If there are no reasons for the dismissal of a pensioner, then the company no longer needs his services, then such an employee can be transferred to a part-time job.

In any case, the pensioner will not need to work for two weeks - he will be fired on the day of application.

Video: Who is not obliged to work

Dismissal procedure

The general algorithm for the dismissal of pensioners is spelled out in legal acts. In order to retire, the pensioner will need to submit an application. Based on this document, the management of the organization will issue a dismissal order.

The personnel department will prepare all the necessary documents and, together with the order, transfer them to the accounting department. Already there the employee is calculated and payments are made.

unpaid wages for the period worked;
compensation for unused vacation.

The employee is obliged to hand over all the valuables that are registered with him and sign a bypass sheet, which then needs to be handed over to the personnel department.

At the end of the procedure, the pensioner receives a work book in his hands and puts his signature in the journal to confirm its receipt.

How to write an application

If a pensioner quits his job of his own free will, then the basis for this should be a statement written by him. This document must be drawn up in accordance with the rules and regulations of the law.

The Labor Code does not say anything about a unified application form, so it can be drawn up in any form.

The application must contain the following information:

company name (in the upper right corner);
the position of the head;
surname, name, patronymic of the director;
the position held by the employee;
his personal data (full name);
the text of the application must contain a letter of resignation, as well as the reason (retirement);
the date;
applicant's signature.

Retirement is considered a valid reason for dismissal. You can also not indicate the grounds for dismissal, but simply indicate that the applicant is a pensioner. The date indicated in the application is considered the last day of work in the organization.

What the law says

The legislation does not single out pensioners from the number of other employees. They have the same rights and obligations as the rest. Consequently, the procedure for their dismissal for health reasons occurs on a general basis.

If the medical commission recognizes an employee of retirement age as disabled, then the employer will have to fire him. To do this, you must have a special medical certificate.

If the employee is recognized as partially disabled, the employer may offer him to take another position that will correspond to the state of health of the citizen. If he refuses to switch to it, then the employer will have the right to fire him.

If an employee is on sick leave, it is impossible to dismiss him without his consent. Any action by the employer aimed at dismissal will be considered illegal and will be easily challenged in court.

If an employee wants to quit during an illness, he should notify the employer about this. If an employee leaves work of his own free will, then the disease will not prevent this. The dismissal of such an employee occurs on the day the application is submitted without working off two weeks.

The legislation says that the sick leave of a dismissed employee can be paid, but only if the citizen began to get sick no later than a month after leaving work, and at that time did not find a new employer.

Arbitrage practice

Often employers do not want to keep people of retirement age at work and try to fire them. In most cases, illegal methods are used for this.

If the pensioner himself does not want to write a letter of resignation, then he can be forcibly dismissed only in some cases:

during the liquidation of the enterprise;
by reduction;
due to violations of the employment contract;
if the employee does not perform his duties in good faith.

In most cases, the employer is required to provide documentary evidence that grounds for dismissal exist.

Judicial practice in matters of labor law is rather ambiguous. The same applies to preferential dismissal of pensioners. It cannot be unequivocally said that the court will take the side of the employee, and not the employer - in the case of sending a statement of claim, the pensioner will have to prepare to protect his interests.

It is worth saying that the percentage of positive decisions is still quite high.

In some cases, it is much easier to find a common language with the employer. The legislation is on the side of pensioners, so you can convince management to let the employee go without working off.

The dismissal of pensioners without working off two weeks occurs on a general basis. Employees of retirement age do not have any privileges compared to the rest, except that they can be fired on the day of application at their own request.

The Labor Code of the Russian Federation contains all the basic rules and regulations on the employment and dismissal of citizens. According to the Code, an employee who is about to quit his/her former place of work is obliged to inform his/her employer about this a few days in advance (their number for a certain category of employees is established by the Labor Code) before leaving. Thanks to this, the employer has the opportunity to search for a suitable candidate for the vacant position.

Thus, stagnation in production is excluded: the employer has time to prepare documents related to the dismissal and hiring of a new employee, and the new employee has the opportunity and time to adapt to the new team. However, this rule does not apply to all employees. In this case, pensioners are an exception.

Rules for the dismissal of an employee of retirement age without working off

Currently, the Government very often raises the issue of increasing the retirement age. This happens because often workers who have reached retirement age do not quit their previous jobs, but continue to work in their legal rights.

Not every employer will decide to dismiss a conscientious employee who has extensive experience, valuable knowledge and incredible dedication to his work. But what to do when an employee of retirement age decides to leave on his own?

Under labor law, the retirement age for men is 60 and for women it is 55. Based on labor standards, the pensioner has the right to quit his former place of employment at his own request without completing the due date.

At the same time, an employee who has reached retirement age can indicate in the resignation letter the day for dismissal, which he deems necessary.

Reaching the retirement age

When an employee of retirement age comes to the employer with a letter of resignation, the employer must terminate the employment contract signed with the employee on the date indicated on the application.

The date of dismissal - what to expect?

When the last day of work of a pensioner comes, the employer must:

make a note in the pensioner's work book about the termination of his activities in connection with retirement, in accordance with Article 80 of the Labor Code;
issue wages;
compensate for the required vacation days that the employee did not use;
hand over to the pensioner all the documents at the request of the retiring person (income document, copies of orders, and so on).