How to dismiss a pensioner he does not want. Dismissal of a pensioner: Is it legitly and how to make a dismissal? Violation of labor obligations

21.10.2020

The dismissal of pensioners from the enterprise occurs according to the general rules provided for and for all other employees. Persons of the retirement age are entitled to terminate the employment contract on their own. But the dismissal of the employee will have its own specifics if the person leaves the company retirement.

Features of the dismissal of working retirees

For persons of the retirement age, the same termination procedure is applied and the same foundations of the dismissal apply as for workers with other status. Dismissal occurs on the basis of 77 articles of the Labor Code.

It is important to take into account that after reaching the age of retirement, the employer is not entitled to dismiss the employee only on this basis on its initiative. The automatic termination of the employment contract does not occur. But the employee can delete the desire to retire. Inform the employer on his desire to terminate the employment contract on his own initiative, the pensioner has the right at any time. This right is not limited to any temporary framework.

To initiate the process of termination of the employment contract, the employee should be submitted about dismissal. It was the written statement that received a written statement to the employer will be the basis for issuing an order to terminate the employment contract. The employer is not entitled to impede a pensioner in implementing his right to leave the company.

The feature of the termination of the employment contract on the initiative of the pensioner will be that in exceptional cases it is entitled to quit without working, which is obligatory for other employees.

This will be its preferential status of the worker.

The procedure for the dismissal of the pensioner at their own request

The procedure for the dismissal of a pensioner employee at his own will involve the passage of the following steps:

The pensioner submits an application for dismissal at your own request. It necessarily has a written form and signed by an employee personally.
On the basis of the application, an order for dismissal in the form of T-8 is published Either in its own form approved in the company. The order indicates the date of dismissal, the name of the employee, his, the tablet number, the basis of dismissal (in this case, it will sound like "the employee's own initiative, paragraph 3 of Part 1 of Art. 77 of the Labor Code of the Russian Federation"), details of the dismissal and date His provision. The employee must familiarize himself with the order and put his signature on it. If he is missing at work or refuses to sign an order, then this is done by the corresponding mark (according to Part 2 of Art. 84.1 TC).
The mark of the work of the employment contract on the initiative of the pensioner is introduced into the employment record and personal card for T-2 form.
On the working day is finalized with a pensioner. Putting compensation includes for spent time and unused vacation.
When dismissing the employee must give a complete set, including the labor book, a certificate of the amount of earnings in two years of work, information on the listed insurance premiums in the FIU and a copy of the order of dismissal (on request).

Details of dismissal warning

Many pensioners have a question whether he can quit without working. In fact, there is no unambiguous answer to it.

In general, pensioners are required to notify the employer about his desire to quit at least two weeks before the upcoming termination of the employment contract. This period begins to be calculated from the day following the admission of the application for the employer (under Part 1 of Art. 80 of the TC).

The reduced deadlines for the prevention of the pensioner on the upcoming termination of the employment contract last three days will be applied in the following cases:

if the employee leaves in the period (according to Part 4 of Art. 71 of the Labor Code of the Russian Federation);
the employee was issued under an employment contract concluded for a period of less than 2 months (under Part 1 of Art. 292 of the Labor Code of the Russian Federation);
the employee was arranged for seasonal work (under Part 1 of Art. 296 TC).

For individual categories of workers, on the contrary, an extended timeline range is applied to warn. In particular, for athletes and coaches, the leaders of the organization increases from two weeks to a month.

It is worth noting that despite the fact that the Labor Code contains an indication of the deadlines in which it is necessary to submit an application for dismissal, in coordination with the employer the contract can be terminated early until 2 weeks (according to Part 2 of Article 80 of the Labor Code of the Russian Federation).

Dismissal of a pensioner on their own desire without work

Statement

The application for the dismissal of an employee for his own will does not have a unified form. Usually each company has its recommended sample filling in this document.

The statement should reflect the following points:

In the "header" of the document in the upper left corner, the name of the employer company and the company's head of the company is prescribed, as well as the applicant's data.
The name of the document "Statement" is written in the center.
The main part indicates a request for dismissal at your own request, indicating the reason for the dismissal.
The date and signature of the employee with decoding is set.

Special attention to the pensioner should be paid to the wording of the interlacing part of the application. If he will simply register here "I ask to dismiss at your own request" without reference to the retirement age, it will have to work for two weeks. Of course, if the employer does not agree to release it from work without the work under the law.

But if the pensioner comes out in a statement at the desire to retire ("I ask to dismiss at your own request due to retirement on paragraph 3 of Art. 80 of the Labor Code of the Russian Federation), then the employer will be obliged to dismiss the pensioner that day in which he pointed. To submit such an application within the deadline (at least in two weeks), the pensioner should not. For example, if the pensioner writes a statement on May 22, then it is on this day an employer must terminate the contract with him.

Payments

When dismissal at their own request, pensioners are relying a standard set of payments:

Salary for actually spent period.
Compensation of unused vacation (If an employee did not use his holiday days for this or previous period). If an employee has used more vacation days than it is supposed to be, the employer makes overpayment from relying to pay salary.
Premium and bonuseswhich are provided for by the wage system.

All payments employer must produce employee on the last working day. If he did not work, then payments are made no later than the next day, which follows the date of presentation of the calculation requirements. In the event of non-payment of funds on time, the employer is obliged to pay a retired penny for each day of delay, which is paid as a percentage of debt size.

At the request of the employee should provide him with a note-calculation with the rationale for the amount of the amount paid. If the employee does not agree with the calculations, then the employer should list the amount that does not dispute him on the day of dismissal.

When dismissal, on their own will not be accrued. But a collective or employment contract may provide such compensation. Their size and payment of payments is determined at the discretion of the employer. Usually, the output benefit is paid in the amount of 1-3 average monthly earnings of the employee.

The pensioner cannot oblige the employer to pay him a day off manual, since such a duty is not registered in the Labor Code. Art. 178 TC contains an exhaustive list of grounds in which the company is obliged to pay the manual, and the retirement is not subject to the retirement. But if in the signed labor / collective agreement, the obligation to pay the day off allowance, the pensioner has the right to refer it in court.

Salary, compensation of unused vacation, as well as prizes are paid minus NDFL. His employer is obliged to keep and transfer to the budget on the day of payment.

As for the day off, which is paid at the initiative of the employer, then it requires that it does not exceed 3 average monthly employee earnings.

Thus, the dismissal of pensioners on their own will occurs in normal mode. To do this, they must submit an application for dismissal to the employer. If the employee decided to quit the retirement, then the employer must dismiss it on the day of writing a statement without working out. If he dismissed earlier at the specified base from another workplace, such a benefit is not provided. In this case, the pensioner will have to work for two weeks.

The person who retired has a number of benefits and advantages compared to the population under sustaining this status. The natural process after the onset of pension law is the cessation of occupations associated with professional activities, but due to a number of factors, an employee is in no hurry to free his workplace. Before the employer, there is a problem how to dismiss a pensioner without his desire. By law it is not so easy to do.

Legal grounds

Immediately it should be noted that it is not necessary to dismiss a pensioner employee if he does not want to dismiss, due to the achievement of their retirement age there are no legitimate grounds. That is, the age of man is not an indicator and, if the pensioner refuses to voluntarily quit, it will not be possible to calculate it.

The following items can be distinguished in the Labor CodeGuaranteeing the benefits of persons retirement age:

Thus, people of retirement age have the same rights and obligations as other categories of employees.

The gap of agreements occurs according to the general principles. But it should be noted that relatively a pensioner does not apply the obligation to work out a two-week period after submitting an application only if it is dismissed for the first time. Therefore, legally dismiss such an employee perhaps three ways:

according to your own accord;
by agreement of the parties;
according to the legal initiative of the employer.

Conflict dismissal

Earlier in the Code of Labor laws, the norm was indicated, on which it was possible to dismiss a pensioner from work without its consent to achieve a certain age. But since 1995, changes were made to the law prohibiting it. A conflict-free situation for the employer will attempt to persuade such an employee to write a statement on his own request or by mutual agreement of the parties.

To do this, you can try to discuss an additional output allowance or enable to work a certain time.

By agreement, the termination of the contract is standardly occurring, as well as for any staff member. A person writes a statement, as in ordinary dismissal, at the same time, it is not obliged to indicate the reason. The wording in the documents of the cause of the type "due to retirement" will be incorrect, since these factors cannot be associated with each other. However, in the statement it will be needed to note that its author is a pensioner, which, according to the work of the Labor Code, is exempt from mandatory work.

No compromise

The status of the pensioner does not indicate the inviolability of the employee, so it can also be fired at the initiative of the employer. For this, there are quite reasonable foundations. Most often from common articles apply the following:

Regardless of the dismissal article, the employer must comply with all the requirements of the legislation.

For example, compensate for neglected vacation and pay for hospital sheets. But in any case, a person forcing a person to write a statement on his own will is illegal and may be the basis for appealing to court to restore justice.

Violation of labor obligations

The dismissal associated with such a base depends on the fulfillment of the labor obligation taken by a pensioner, or rather, from its non-compliance. In order to legally, it was possible to calculate a person, it will take to record all the violations of the employee by publishing orders for the announcement of the prosecution. The reason for such evaluations can be:

Usually for dismissal for such an article requires a systematic violation, but not necessarily.

A systematic is called a violation that was repeated by the employee during the year after the first issue of the order of reprimanding on the same action. Dismissal will be considered legitimate only if the wines of the employee are installed. That is, dismiss or even declare a reprimand is unacceptable if the accused had good reasons that led to a violation of labor discipline or his duties.

When a recovery is made, an order is published, which is given to the employee to familiarize themselves under the signature. The order must be brought to an employee for three days from the moment of his publication. If a working pensioner refuses to sign, then the act is drawn up in which such a refusal is indicated. At the same time, at least two witnesses should be written in the act.

Distribute the employment contract by the decision of the employer or representing it is possible due to the reduction in the number of working staff. But at the same time, there are provisions provided for by the Code of Labor Law, which cannot be violated. There are certain categories of working personnel who are relevant to the preservation of the work position in the reduction of the state. Such a category includes employees who have higher qualifications or characterized by high performance. In the case of the same conditions are taken into account when making a decision the following factors:

All these items are taken into account only when reducing the number of working units when the position itself is not output. If the position itself is abolished, then these conditions do not work.

Due to the reduction in the enterprise, the employer has the right to dismiss a pensioner without its consent, but this dismissal must occur without a common violation. The employee must be warned about the upcoming reduction at least two months in a special order, after familiarization with whom he must put his signature under it. The employer is obliged to offer a reduced employee vacanant positions both at the time of the publication of the order and appearing within two months.

When dismissal due to reducing the number of personnel the following provisions must be followed:

The pensioner, like any employee, cannot be designed during in any kind of vacation or sick leave.
When the worker is in the trade union, then to terminate the employment contract with him, it is necessary to coordinate dismissal with his leaders. If, when dismissing an employee, the trade union did not answer the request of the employer for fifteen days, then it is automatically considered that this permission is obtained.

The employee who fell under the reduction of the state, according to the Labor Code, not only the output allowance, equal to its average monthly earnings, but also the average monthly earnings, which compensates for the time of finding a new job site (no more than two months from the date of calculation). Although there is also an opportunity to receive a manual and for the third month, but for this will need a decision of the employment center.

There is an opportunity and early dismissal of a pensioner while reducing the states, without waiting for the last two months, but all the warranties must be observed. The early agreement must be fixed in writing. The employer is obliged to break the employment contract without waiting for a two-month period if the employee found himself a new job and wishes to terminate labor relations immediately.

Discrepancy occupied by position

Everything in this world develops and sometimes a man of old age does not have time for technical development in a particular area of \u200b\u200bwork. It gets difficult for him to fulfill the tasks assigned to him. Therefore, a completely legal basis will be the dismissal of a pensioner due to its inconsistency of the position or insufficient qualifications.

But it is impossible to simply declare a person unable to cope with the work entrusted to him. For this, in the Labor Code, there is such a concept as certification. Under it implies checking the level of knowledge, skills, skills, prospects.

The procedure for certification is legally defined only for certain workers, such as civil servants, teachers, and for the rest of the employers must develop standards and requirements. Specifically, the time of certification in the law is not indicated, so it can be appointed both planning and unscheduled. Conducts a qualifying exam The appointed commission with the participation of both extraneous specialists and without them. According to his results, the attestation commission takes a personnel decision.

A mansion is the article of dismissal for health. To do this, you will need to get the appropriate conclusion of the Clinical and Expert Commission of the Medical Institution. The labor agreement may be terminated if the employee is recognized by the Commission completely disabled or health state does not allow to conscientiously fulfill its work, and also if the work performed can lead to accidents. At the same time, in the Labor Code, there is an article prohibiting the dismissal of an employee during the disease, unless the enterprise itself is eliminated.

Malicious disciplinary violation

The reason to terminate the employment contract with the pensioner can be a gross violation of labor discipline. First of all, it is walking. They are considered the lack of an employee in the workplace without a good reason for more than three hours a day. This fact should be documented by an act and receipt from an employee's explanation of its absence.

The articles of the law do not oblige to warn an employee about his dismissal during a passage or other coarse violation. But since the employer should get explanations from the stroller, it cannot be fired on the same day, but should pass at least two days.

No less gross disorders of the discipline is the appearance of an employee in the workplace in a drunken state. In this case, the employer may legally fired a working pensioner on its initiative the next day, removing it from work on the day of detection. For dismissal on this basis need:

the emergence of an employee in a drunken state throughout the working day;
the state of the employee must be established and confirmed by medical conclusion;
if the worker refuses to perform an examination, its condition can be confirmed by several witnesses.

So, it is necessary to know that if the pensioner was offered to quit in connection with the achievement of a certain age, it will be illegally and can easily arrange in court. At the same time, there are a number of legitimate reasons to dismiss the employee and without its consent. This is due to the fact that the working pensioner in his rights and responsibilities does not particularly differ from an ordinary employee.

Achieving the retirement age does not mean the mandatory termination of work. Many are forced to continue working and after the start of the cherished payments, but sometimes it does not play in favor of the effectiveness of the employee, in connection with which the issue of dismissal may be. Let's talk further about how the law regulates this procedure and which restrictions exist.

Is it possible to terminate the contract with the employee without its consent?

Labor relations are built on the principle of voluntariness of each of the parties, so it is impossible to prohibit the employer to terminate cooperation with the employee who lost motivation or performs its functions. Among the leaders of organizations, the question often arises how to dismiss a pensioner, with which it is impossible to part only because of its age, we will answer it with a direct reference to legislation.

How to put an employee from the state:

Establish by re-certification the inconsistency of the position
Convene a medical examination and obtain a conclusion about the need to change the kind of activity for a pensioner;
Spend ;
Distribute relations with the pensioner in connection with the violation of the contract.

All reasons for termination of the working workshop in the enterprise are listed in Article 81 of the Labor Code. When the order is issued, the reason must be specified strictly in accordance with the specified regulatory act.

For those who have doubts about whether it is possible to dismiss the retirement age officer without his consent, we recommend familiar with judicial practice on similar cases, thanks to which it is possible that within the framework of this procedure, no exceptions are provided for employees of the old age.

When the employer has the right to law

Of course, the retirement does not imply that the employee will be worse to perform his work, but in fact it happens so often due to the fact that he no longer need to produce experience and coefficients. In such cases, motivation falls, and the employee can cease to fulfill its job responsibilities. Before dismissing the pensioner, we recommend to familiarize yourself with the main legal reasons.

Option 1. If planned state Reduction in OrganizationWorking a pensioner does not have immunity before this procedure, and the treaty is terminated in general. The main requirement is the payment of compensation and the output allowance in the amount of two salaries.

Option 2. Convene attestation and commission and raise the question of compliancewhich an elderly employee occupies. If in the conclusion it will be indicated that his knowledge and skills are not enough to fully fulfill the duties, the employer must offer an easier work, but in the event of an employee's refusal, to issue an order for his dismissal.

Option 3. If employee violates the working discipline And a chart of a working day, make a confirmation of the act with signatures of witnesses and on the basis of this terminate the employment contract.

Some working retirees do not know whether the management of the organization has to dismiss them, and therefore cease to fully fulfill their powers and the function, however, in accordance with the current legislation, restrictions on dismantling staff are not envisaged.

The procedure for the correct dismissal of a working pensioner

Termination of labor relations in all cases should occur in accordance with the requirement of the Code and in compliance with the rights of each party. If you do not arrange the procedure correctly, the employer has a risk of being held accountable in the event of an employee's appeal to court or labor inspectorate. Before making a decision, read the instructions how to dismiss a pensioner by law.

The procedure for termination of the employment contract:

Step 1. Spend negotiations with an employee. Find out whether it is possible to carry out a procedure at your own request to avoid red tapes, or it will require registration on the initiative of the authorities;

Step 2. Prepare the necessary documents confirming the grounds for the dismissal of the pensioner. This may be an act of a passage, finding or conclusion of the attestation commission on the discrepancy of the position.

Step 3. Let us notify the employee about the coming procedure in order to avoid conflict situations and the potential challenge of your decision in government agencies or court. If there are objections, spend peace negotiations.

Step 4. Make a relevant order for the dismissal of the employee, after which it is necessary to pay all reminiscing amounts: wages, compensation for unused leave, day off manual in the event of a state reduction.

A working pensioner has exactly the same rights and obligations, as well as all other categories, so no exceptions are provided in the procedure. It is enough to comply with all the requirements of the law and not to violate the draws of law, then there will be no problems and labor disputes with the involvement of the Labor Inspectorate.

Care from work on your own accord

The easiest way to parting with an employee is his care on its own initiative. The pensioner can at any time stop labor relations and go to a well-deserved holiday on the day of signing the application. For this, two weeks of working out and other restrictions are required.

To dismiss on your own accord, the employee needs to prepare a written application in a simple arbitrary form and submit it to the personnel department of the organization. You can do this without prior warning, and then stop fulfilling your obligations under the contract.

What should contain a statement:

Name of company.
Full name and employee's position.
Cause for leaving work.
The date with which all powers are terminated.
Signature and feed day.

Pressure is not allowed on a working pensioner to sign such a document. Moreover, the method of termination of relations should proceed solely from the employee itself without manipulation and blackmail.

What difficulties are common to face

In practice, labor disputes disagreements between the employer and his retirees officers occur mainly in connection with the lack of knowledge of the law. Some wonder if they have the right to bring them out of the state, others suggest that they are obliged to pay several salaries when careing.

What problems often arise when terminating the contract:

Management requires a pensioner two-week workout;
Dismissed employee from work without a good reason and without his consent;
Reduce without paying output benefits;
The contract is terminated on the basis of the discrepancy of the position without the conclusion of the attestation commission;
Inclined to sign a statement on your own accord;
Do not offer an alternative vacancy for easier labor.

Any incorrect action in the procedure for the dismissal of an employee in old age, according to the law, can lead to challenging this fact and restore it at the previous place of employment. For this, a citizen needs to complain to the labor inspection and with a statement for a statement in the District Court.

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Conclusion

Many workers continue to work in their previous positions until they allow health. Despite the fact that objectively motivation and ability of an employee aged may be lower than its young colleagues, the Labor Code prohibits to bring pensioners from the state only on this basis. It is possible to terminate the contract only with the desire of the employee itself or in the case of the foundation provided for in Article 81 of the Labor Code of the Russian Federation.

Last update: 15.02.2020

Since 2019, the notorious pension reform started, which raised the retirement age. One of the reasons for indignation on this issue of citizens was the reluctance of employers to take on vacancies of candidates of pre-age age. What is the difference in the dismissal of a working pensioner from other employees, worries many.

Russian legislation provides for the right to enter a well-deserved rest, receiving pension payments in the presence of an insurance experience and individual coefficient to appoint a pension.

Phasepno the limits of age when you can qualify for pension provision, in normal cases:

65 years old - for men;
60 years - for the beautiful half of society (women).

Preserved benefits for people who have worked in special, harmful, dangerous to health and life conditions. If there is a certain number of years of special and general insurance experience, they can leave work and receive a pension earlier.

Often, pensioners are not in a hurry to leave work, and the payment of payments continue to work. It is not always connected only with the possibility of obtaining additional income. Some of them simply do not think of themselves without communicating with people, awareness of the feeling of their need for others.

Let's talk about the nuances, it is possible to dismiss a pensioner without his consent.

Let us dwell more, responding:

what rights and benefits are people who continue to work on pensions;
under what circumstances can retiree can dismiss whether it is possible without his consent;
on other exciting questions.

Grounds for the dismissal of the pensioner

Immediately, we note that labor legislation does not provide for certain grounds for the termination of labor relations with persons who have reached retirement age and continuing to work in organizations of any form of ownership (or among individual entrepreneurs).

The main reasons when the contract can be terminated, determined by the Labor Code (Article 77).

Consider the most common of them in more detail. Reply if a pensioner can dismiss from work.

At the initiative of the authorities

From the point of view of the law, in the event of a reason to part with subordinates on the initiative of the employer, there are no exceptions for pensioners.

In general, a working pensioner will be dismissed:

if the company is liquidated if it is recognized by bankrupt or by decision of the owner;
when reorganization passes and reduction in number or staff;
after certification, testifying to the insufficient level of qualifications, if the discrepancy between the position occupied;
if it takes a guideline post and changed the owner of the enterprise;
there are repeated observations, an exaggeration was announced for the violation of the discipline of labor;
for coarse disorders of discipline, even with isolated cases (absenteeism, booins, and the like);
in other situations provided for by the norms of Art. 81 TK RF.

When dismissing the subordinate by the owner (or by the head), connected only with his age, it is possible to appeal the actions of the employer:

the supervisory authorities - the territorial labor inspection at the place of registration of a legal entity (actual finding an entrepreneur), the prosecutor's office;
directly through the court.

At the request of the pensioner

It is always possible to stop labor relations at your own request.

The law requires pre-notify the employer at least two weeks in writing about the intention to leave work.

Moreover, if, during the work, an employee will change his mind to dismiss, one can withdraw the application, unless another person was invited to the liberated place for translating the organization.

Also, if at the end of the two-week period, it will continue to fulfill labor duties, without insisting on the design of dismissal, labor legal relations remain in legal strength.

According to the third part of Art. 80 of the Labor Code of the Russian Federation, the law makes the exclusion of persons dismissed in connection with retirement. To make a complete calculation of them the employer must, not forcing it to work out.

By agreement of the parties

The law (Art. 78 of the Labor Code of the Russian Federation) allows early termination of labor relations, if the parties were able to negotiate and have no complaints.

In this case, the dismissal of a working pensioner on the initiative of the employer may also be only after receiving its consent.

Suggest the conditions that are beneficial for each of the parties can be both the employer and the subordinate itself.

It is not necessary to compile a written agreement, stipulating the implementation of certain points. Enough in a statement on the dismissal to indicate as a basis - the agreement of the parties.

Practice shows: often use these workers if they do not want or due to circumstances can not be lingering for the labeling of a two-week term.

Agree with such a wording and violators of labor discipline in order to peacefully part with the employer, not spoiling a reputation in the employment record.

Rights and advantages of a working pensioner

Speaking about whether a pensioner can dismiss without his consent due to the olden age, the answer is categorical - no.

It remains the right of the person himself to continue to work further or go to a well-deserved rest. A similar situation in the employment of persons on pensions.

For example, a person who quit the company, placing a pension, after some time a period of time decided that he did not want to sit at home. Most often, the purely business side makes it make such a decision, no matter how to regain it, but it remains a fact.

The employer has no right if there is a vacancy refuse to retiree employment, referring to its age.

Otherwise, this will be recognized as a gross violation of labor legislation, discrimination against human rights. To protect their interests, you can get out of lawsuit in the judicial authorities. Naturally, normal labor relations are unlikely to be collaborated with this employer.

Proof that the legislator provides for the right to continue to work further, receiving a pension, it is more advantages.

In art. 128 of the Labor Code of the Russian Federation enshrined the right of a working pensioner:

during the calendar year, except for the mandatory annual paid rest, at any convenient time to take additional free leave by a duration of up to 14 days.
If the pensioner is recognized as a disabled person, the employer is obliged at the request of the employee to provide him with additional rest to 60 calendar days.

Note that additional vacation can be used immediately, or divided into parts. At the same time, the remaining unused days are not transferred to the next calendar year.

Does the owner have the authority at its own discretion to dismiss pensioners?

The very fact that a person has the right to retire, reaching the age established by law, cannot serve as a reason to force him to dismiss if:

he does not want this;
on medical testimony is able to fulfill labor duties;
there are no reasonable reasons to dismiss it at the initiative of the leadership.

Nuances

With an employee who referred to a concrete desire to leave work due to retirement, the contract must be terminated in the date specified.

In which cases of the pensioner dismissed with working out?

On issues of legality, the requirement of working out when dismissing a pensioner who has arranged for work after he was on a well-deserved rest, the opinions disagree.

Throughout the logic, he cannot retire, because he already issued it, and he himself expressed a desire to work again.

On the other hand, it may be regarded as the impossibility of continuing to work further.

It is necessary to pay tribute that, as a rule, if the decision to dismiss the working pensioner is accepted on its own initiative, employers are not forced to work, even if a person has been employed after retirement.

But, if the employer will issue dismissal after 2 weeks after the appeal of the pensioner, this is not considered a violation of the law.

How to dismiss the pensioner on his own initiative

After receiving a statement, indicating that the employee wants to leave work due to retirement, the employer:

publishes order;
makes an appropriate entry into the labor book;
prepares for compulsory accounting certificates;
it makes a complete calculation and gives on hand documents within the time specified when contacting.

If a working pensioner indicates the cause of dismissal only his own desire, the contractual relationship is terminated after a two-week term.

Compliance with requirements for dismissal on the initiative of the authorities

In order not to conflict, the employer is obliged, despite the fact that the dismissed, in fact, is a pensioner, to fulfill all the required procedural activities, taking advantage of the right to terminate the employment contract unilaterally.

For example, the dismissal of the employee "under the article" for driving, it is necessary to reconcile from the guilty written explanation. Only two days later, if the employee does not provide justification documents and a written explanatory note, it is possible, after drawing up the appropriate act, issue an order for dismissal.

And it is impossible to make a dismissal, while the person is on vacation, on treatment or is undergoing a rehabilitation period.

You should also not forget that you can bring responsibility within a month after a day, when it became aware of the violations and the wines of the employee became known if the violation of the working contract conditions itself had no more than six months ago.

Exceptions constitute only cases of identifying guilty actions during the audit or audit audit.

In such situations, the employee may be dismissed as a disciplinary punishment for misconduct, perfect for the preceding two years.

First of all, we note that to dismiss the employee to reduce, only referring to its retirement age and the benefits received, it is impossible.

When liquidating the enterprise (by decision of the owner or recognition by the court of bankruptcy), it is clear that all employees will be dismissed.

If the employer decided to reduce the number of workers or staff, to the question of the choice of candidates falling under the dismissal, is suitable more checked.

Given the experience and experience of employees, their attitude to the fulfillment of labor duties. Most often, the advantage of leaving at work from this point of view remains for a working pensioner.

But, if, for example, there will be a choice of whom to leave at work, if necessary, to cut a regular unit - the mother of two children or a working pensioner, of course, even with all the benefits of the latter, he will hit the abbreviation.

This is explained because there is an additional source of income.

Other privilege guaranteed by law are taken into account.

In any case, the procedural order must be followed:

at least two months before issuing the dismissal chosen candidates should be notified in writing for a personal painting on the upcoming reduction;
in the presence of vacancies, the employee needs to offer registration of the transfer;
in case of refusal to transfer (in the absence of suitable vacancies), the employee is terminated by labor legal relations.

When you can dismiss the length of the years

Changes made to pension legislation did not affect benefits for people who have worked in special, harmful, dangerous to health and life conditions.

If there is sufficient special and general insurance experience, they will be able to retire before.

Prescribed and pay monthly pension payments in the presence of a special experience (by long service):

without taking into account the actual state of disability;
persons, younger thanks for the right to receive old-age retirement.

If you doubt whether the pensioner can dismiss without its agreement on the length of the years, it is possible to contact the sectoral agreements directly.

Legal and legislative acts suggest that in this case there must be an initiative of the person who has received the right to the early rest.

Features relating to the cessation of labor relations with persons of pre-age

If no more than 5 years remain until obtaining the right of pension provision, it is believed that a person is in pre-pre-age.

In the case of dismissing such an employee, referring to the age category, the employer will attract responsibility:

administrative (under Art. 5.27 of the Administrative Code of the Russian Federation);
or criminal (changes in Art. 144.1 of the Criminal Code of the Russian Federation have been operating since 2019).

Calculation with a working pensioner when dismissing

Regardless of the reasons for the cessation of labor legal relations with a working pensioner, on the last working day with him are obliged to fully settle, pay all the amounts due:

earnings for actually spent time from the date of the last payments;
in the case of the remaining unused days of paid leave, monetary compensation at the rate of average earnings for the previous year.

If the pensioner fell under the reduction, he has a day off manual in the amount of average monthly earnings. The right to receive payments remains for the second month, if a person has not found new work.

Additionally will pay allowance to the amount of average earnings in two weeks, if:

as a state of health, the employee cannot perform further his labor functions;
the pensioner refused to transfer to light labor (or the employer has no suitable vacancies);
if there is a medical conclusion that the working pensioner is recognized completely disabled.

Local legal acts of domestic use (in particular, by a collective agreement), an additional payment of employees perfected in connection with the exit to a well-deserved rest may be provided.

Legislative base regulating the dismissal of pensioners

Any issues related to labor relations and their termination are governed by the Labor Code.

Depending on the sphere of production, other federal laws regarding labor law should be guided by industry agreements.

For violation of guaranteed rights, employers are responsible in accordance with administrative, criminal legislation.

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