Dismissal of a pensioner of his own free will - the procedure, the need for working off and the amount of severance pay. Dismissal of a pensioner: step by step instructions. Dismissal of pensioners at the initiative of the employer

16.09.2019

Dismissal of a military pensioner of his own free will without working two weeks is possible, but not in all cases. For this, the conditions specified by law must be observed. What law regulates the issue, and how to correctly write a letter of resignation so that you do not have to stay longer than the desired period? There are some nuances of dismissing military pensioners without work.

Legislative regulation of the issue

The procedure for dismissing employees is described in. In particular, Article 80 contains the rules for the dismissal of any employee. Should a military pensioner work for 2 weeks upon dismissal, and is it possible to quit without work? According to the legislation, he has such a right, but it is necessary to indicate the correct basis. Not every reason will be valid, and in some cases you will have to stay at work for the 14 days provided by law.

How is the dismissal process going

A retired soldier can leave civilian work of his own free will or have a compelling reason associated with a deterioration in health.

In any case, the employer has no right to hinder him. But usually it takes 2 weeks to complete it in order to find a new employee during this time.

To start the dismissal process, the employee writes a statement addressed to the manager indicating the reason for leaving and the exact date from which he would like to leave the job.

On the last working day, the personnel department and accounting department prepare the necessary documents and list the required ones. The work book is returned to him and a corresponding order is issued, with which the employee is familiarized with the signature.

The nuances of dismissal associated with working off

Do I have to work 14 days when a military pensioner is fired? In the labor code there is a basis according to which any person can quit one day - this is retirement. Employees of the Russian army most often end up working at 45 years old. This age is not generally accepted for retirement. If, after the transition to the civil service, the employee's age has reached 60 years (for men) and 55 (for women), then the entry "I ask you to dismiss me of my own free will in connection with retirement" in the application is enough not to finalize for another 2 weeks.

If a person has already retired once, then the second time for the same reason cannot be resigned. The fact of going on a well-deserved rest by age is recorded in the labor book. Having finished working once due to retirement, at the next job with the same or a new employer, the employee will be able to resign of his own free will only on a general basis, notifying the employer 2 weeks in advance. Judicial practice shows that in this case the court chooses the side of the employer and agrees with this rule.

Nor will it be possible to leave immediately for those military pensioners who have not turned the required years to receive civilian pension benefits.

If the law allows you to quit one day, then you need to indicate the next working date, and not a day off.

How to fill out an application

The document must be drawn up with your own hand on A4 sheet. Indicate the name of the organization, full name. the person to whom the paper is sent and his position. It is also written on whose behalf the statement is made.

After that, in the center of the sheet is the word "statement", followed by a justification of the reason for leaving.

Can a military pensioner quit without work? You need to write a request for dismissal, indicating "of your own free will." If we are talking about the dismissal of a military pensioner from work without working off, then it is necessary to clarify - "without working off", justify the reason for leaving and do not forget to put down the date of the last working day. Below are the date of compilation and the signature of the applicant. Most often, this method of dismissal is used when there is a reduction in staff.

If the reason for leaving is not valid, then the employer may refuse to let the employee go on time. And then the last working day will come in 14 days from the date of application.

When drawing up a paper, it does not matter whether the employee is working, is on vacation or on sick leave. You can submit an application in any situation, and withdraw it before the end of the last business day.

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

Dismissal of pensioners on their own without working off

A pensioner should know that an employer cannot fire him if he has reached retirement age. At the same time, working pensioners do not have any benefits in comparison with other workers.

Every employer should remember that:

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

The procedure for dismissing pensioners

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

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

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

The procedure for dismissing a pensioner of his own free will

A working pensioner may wish to quit on his own. This is not against the law. The employer has no right to prevent this fact.
If the reason for dismissal is retirement, then the employee only needs to write a letter of dismissal, indicating the date and reason - "retirement". You don't need to work for 2 weeks. The employer dismisses such an employee in accordance with all the rules, giving him a full payment - wages and compensation for unused vacation. Some employers provide additional severance pay to retirees. In the work book, you must make an entry "in connection with retirement."

A pensioner can continue to work even after the onset of retirement age. He can resign at any time, but the employment relationship can be terminated on this basis only once. If the pensioner subsequently found a new job, he will be fired on a different basis. For example, "at will".
If a working pensioner indicates such a basis in the application, then he also does not have to work out the prescribed two weeks.

Dismissal of a pensioner with a reduction in staff

In many firms, it is working retirees who are downsized. Dismissal of a working pensioner on this basis occurs on a general basis. The order is as follows:

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

Dismissal due to retirement

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

Payments and compensation

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

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

If a pensioner leaves due to staff reductions or upon liquidation of an enterprise, then the employer pays him:

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

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

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

Work on dismissal

All the terms of the due working out are spelled out in paragraph 3 of Art. 80 of the Labor Code of the Russian Federation. Does a pensioner have to work out the due date?
If an employee leaves on the basis of retirement, then he has the right to receive a payment on the same day on which he writes a statement indicating the reason for the dismissal. But most often the employer calculates such an employee on the day of payment of the next wage, having agreed on this with the retired pensioner. At the same time, you do not need to work out the prescribed two weeks. To avoid misunderstandings on the part of the accounting department, it is advisable to inform about your desire to terminate the employment relationship on the day of retirement in advance.

If a working pensioner indicates in the application such grounds as “I ask you to dismiss me of my own free will, as a working pensioner,” then the term of work is 3 days. If the application only indicates the employee's request to fire 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 term of work 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. However, it is necessary to reach an agreement with the employer. A working pensioner can quit even without earning a job.
In any case, the pensioner and the employer can reach an agreement on work in each specific case of dismissal. The agreement is made in writing and signed by both parties. One copy remains with the employer, and the other - with the pensioner.

The Labor Code of the Russian Federation contains all the basic rules and regulations on employment and dismissal of citizens. According to the Code, an employee who is going to quit his previous job is obliged to inform his employer about this several 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 vacated position.

Thus, production stagnation is excluded: the employer has time to prepare documents associated with the dismissal and recruitment 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 dismissing an employee of retirement age without work

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

Not every employer will decide to fire a conscientious employee with extensive experience, valuable knowledge and incredible dedication to his work. But what to do when an employee of retirement age makes the decision to leave on his own?

According to labor law, the retirement age for men is 60 years and for women 55 years. Based on labor standards, a pensioner has the right to resign from the previous place of employment of his own free will without completing the deadline.

In this case, an employee who has reached retirement age can indicate in the application for resignation the day for dismissal, which he deems necessary.

The employee reaches 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 day indicated on the application.

The coming of the date of dismissal - what to expect?

Upon the arrival of the last day of work of a pensioner, the employer is obliged to:

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 prescribed vacation days that the employee did not take advantage of;
hand over to the pensioner all the documents at the request of the resigning person (document on income, copies of orders, and so on).

Dismissal from a job in connection with a citizen's retirement has some advantages. A pensioner does not have to work a two-week period. He can complete work at any date convenient for him.

When you can resign without working two weeks

After a citizen has received a pension status, he is entitled to a certain number of benefits. Including, he is supposed to be fired without a two-week warning period. The date of termination of the employment contract, he can set any suitable for him. Even ask to fire him directly on the day of writing the application. The employer has no right to oblige a pensioner to work out the time prescribed by the Labor Code of the Russian Federation.

At the same time, the period that passes from the moment of retirement to dismissal is not regulated by law. Therefore, he can terminate the contract both immediately after reaching a certain age (working off the required number of years), and after a long period of time.

The fact of a citizen's retirement does not give the employer the right to immediately dismiss the employee.

The wording of Art. 80 of the Labor Code of the Russian Federation allows for an ambiguous interpretation of the law, depending on the situation. An employee who leaves office for the first time due to retirement is certainly exempt from notification. In the work book of a citizen, a mark is put on the termination of the contractual relationship for this very reason.

A twofold situation developed around a citizen who had already quit, who again decided to change his place of work after the registration of his pension. Employers prefer to interpret the law in the direction of the absence of a warning period only if a citizen first quits upon reaching retirement age.

It is also worth remembering that the parties always have a chance to voluntarily agree on the absence of working off.

However, some courts take a different view. Retirement status is indeed obtained once, but it remains for life. Accordingly, if a pensioner terminates an employment contract after dismissal for this reason, then working off does not apply to him.

The law does not specify the specific type of pension provision that implies this benefit.

The legislative framework

Changing jobs of their own accord is governed by Art. 80 of the Labor Code of the Russian Federation. It provides for the possibility of a citizen to terminate an employment contract by notifying the employer at least two weeks in advance. A different period may be established by law.

Part 3 of Art. 80 of the Labor Code of the Russian Federation provides for an exception to the general rule. A warning period is not set if the dismissal is due to the inability to continue activities. Retirement is included in the list of such grounds.

How to properly resign of your own free will

For the most part, the procedure for dismissing a retired employee of his own free will does not differ from a similar procedure for an ordinary employee. The main difference is in how many days a working pensioner can leave.

In order to quit on the scheduled date, it is necessary in the application to refer to retirement as the reason for the resignation. If this clause does not exist, then the employer has every right to dismiss the employee only after the expiry of the warning period.

There are some subtleties when dismissing military retirees. The moment of hiring is important here:

If a citizen received a military pension after employment, then he has the right to terminate the employment contract without working off.
If a citizen is hired in the status of a military pensioner, then he resigns according to the general rules.

When is it more profitable to go on a well-deserved rest

In the application for dismissal, a citizen can indicate any date of termination of the employment contract. Termination of an employment contract is directly related to the payment of the remaining wages, compensation for unused vacation days, as well as other payments established in a particular organization. Therefore, employees often agree in advance on the date of their dismissal with management and warn the accounting department.

This makes it possible not to wait for the accrual of all the indicated amounts of money for a long time after the termination of the contract.

How to legally fire a pensioner at the initiative of the employer

Benefits provided upon termination of an employment contract apply only to dismissal of their own free will. In other cases, the procedure is preserved.

So, when a person retires with a reduction in staff, the employer must comply with all the steps:

Similarly, if a pensioner violates labor discipline and the rules of the organization's order, the employer has the right to dismiss him for the reasons provided for in Art. 81 of the Labor Code of the Russian Federation.

Outcomes

If a citizen resigns for the first time due to retirement, he has the right to receive a calculation without observing the notification period.
The application must indicate the reason for the dismissal.
The interpretation of the norms of the code is ambiguous in the event of repeated termination of the contract with a citizen who was hired and already in the status of a pensioner. In this case, the issue is resolved in court.
For military retirees, the calculation of work days depends on the date of assignment of the status.
The procedure for terminating an employment contract with a retired person at the initiative of the employer does not differ from that established for ordinary employees.

Firing is a process that is a huge inconvenience for many employers. And not related to the search for new personnel. Not at all. Upon dismissal, responsibility comes, which entirely falls on the authorities. As a rule, non-compliance with the established norms entails administrative or criminal liability. Most of all questions arise when a pensioner is fired. Does such a person need to work 14 days? Or is it just enough to write a statement and leave? All the features and nuances of this issue will be discussed further!

Dismissal rules

The first step is to find out the rules that exist in Russia in the task set before us. The Labor Code will help here. More precisely, the 80th article thereof. It tells about the procedure for terminating an employment contract between an employer and a subordinate.

The employee is obliged to warn the boss in advance that he would like to leave his post. This must be done at least 2 weeks before the termination of the contract. But it is not necessary to work out this period. There are some tricks that can help you avoid this responsibility. But about them a little later.

Should a pensioner work 14 days upon dismissal? After all, there are no clarifications on this score. How should an employer and an older employee behave? Do you really have to warn of dismissal in advance, and then work more?

Eternal beneficiaries

Elderly people in Russia are eternal beneficiaries. They have special rights in various fields. Therefore, the question arises: should a pensioner work for two weeks after being fired?

To be honest, it will not be possible to answer unequivocally. Indeed, everywhere, in addition to the rules established by law, there are some unspoken foundations. Therefore, everything is individual. But if we talk about what the law says regarding the dismissal of elderly people, then the situation is changing dramatically, some specifics appear. But with its own characteristics. In general, in our today's question, elderly people have their own benefits. Which ones? What are they? And when can they act?

His own master

Do I need to work 2 weeks when a pensioner leaves? According to the laws of Russia, it is necessary to speak in advance about the desire to leave the employer. And work out 14 days before this event. But pensioners are beneficiaries. Therefore, they have the right to avoid detention.

The point is that older people can independently set the date of dismissal. But they are obliged to notify the manager at least 24 hours in advance. That is, today you announced your desire, and tomorrow you have already quit. Nothing complicated.

It turns out that working off is not needed. Neither 2 weeks nor 2 days. Older employees don't have to work at all, if you think about it. Therefore, when finding a job, they are given some freedom of action. And it applies to dismissal as well. But things are not as simple as they seem.

Process feature

Do they require 2 weeks of work upon dismissal of a pensioner? Usually not. But if this happens, do not rush to defend your rights to freedom of action in relation to this process. Why?

In order for the benefits of a senior citizen to work, one small condition will have to be met. Namely, working off is not required when the dismissal occurs for the first time after reaching retirement age. If a person of age has already changed jobs several times, then he will have to work for the prescribed 2 weeks in the same way as everyone else. There are no exceptions. Unless the employer himself will make indulgence, taking into account the age of the subordinate.

Application in advance

But there are still some features of the process. For example, an employee is about to reach retirement age. He, not yet in the status of a pensioner, writes a letter of resignation. Moreover, it indicates the period following the birthday. How does a pensioner get fired in such a situation? Do I need to work out 14 days?

No. After all, a citizen will have benefits for the first dismissal. Why? It does not matter when exactly the corresponding statement was written. If at the time of dismissal a person became a pensioner, benefits take place. After all, in fact, this will be the first time a citizen refuses to work in the status of an elderly person.

In this case, it is illegal to demand work. You can complain about the employer - he violates the rights of his elderly subordinates. Therefore, you need to know all the features associated with the dismissal of pensioners. Moreover, both the employer and the employees. So everyone will act only according to the law.

Liquidation

Rarely, but there are situations in which a company is liquidated. Accordingly, all employees will be dismissed. Moreover, regardless of age. How, in this case, will the dismissal of a pensioner be "activated"? Do I need to work out 14 days?

It's hard to believe, but no. And it doesn't matter whether the elderly person quits for the first time or not. When a corporation is liquidated, no one at all fulfills the due date. Therefore, this rule will also have to be remembered. It does not come into effect very often, but it does.

Clarifications

So we figured out what secrets the dismissal of a pensioner keeps. Do I need to work out 14 days after that? No. With only rare exceptions. But more about him later. There are some peculiarities of writing a letter of resignation for an older employee. They will help you to accurately comply with all established standards.

What exactly are we talking about? Without fail, you must either indicate your age, or write in the reason for dismissal something like "in connection with reaching retirement age." That is, somehow to emphasize their benefits. After all, the management does not know who and when will retire. Therefore, the absence of this inscription makes you equal with everyone. This means that you will most likely be required to work for 14 days. It will not be entirely legal, but it’s just you, and not the boss, who will have to explain to the law enforcement agencies. Why? Because in the letter of resignation, it is imperative to indicate that the process is related to your retirement. Otherwise, you will be equal with all other employees for your bosses.

When detention is needed

It is already clear that often no work is required from pensioners. But when is it needed? If you think about all of the above, then Article 80 of the Labor Code will apply when the pensioner has already quit. That is, if you decide to leave your employer for the second time after reaching retirement age.

In this case, you will have to work without the benefits provided to the elderly. True, there are some features that will help you avoid the due working off. How can you "skip" from a two-week working off when you leave?

First, you can take yourself a vacation. And in front of him write a letter of resignation. Then you won't have to work out the deadline. It is enough to make it happen on your vacation.

Secondly, sick leave is a good method. An employee, and not only a pensioner, has the right to "get sick" after writing a letter of resignation. So consider this.

In general, in practice, few people will require pensioners to work in 2 weeks. Even if it is required by law. Seniors are allowed to take a well-deserved rest when they wish. The main thing is to indicate in the application the reason for leaving the company. Namely - "retirement age". Do I need to work out 2 weeks upon dismissal? The pensioner - no, and the rest - yes.