Compensation payments upon dismissal of pensioners. How does a retirement happen? Vacation before retirement

Russian legislation guarantees the material support of its citizens when they reach the generally established retirement age. Certain categories of employees have the right to retire earlier on the basis of seniority. The pensioners also include the disabled, persons receiving benefits for the loss of a breadwinner. In their work books, the local authority of the Pension Fund affixes a stamp certifying the fact of the appointment of a pension.

What standards are guided by when dismissing a pensioner, the employer, and what is useful to know for an employee who deserves a rest, we will analyze in our article.

Regulation on the Labor Code

The law does not contain special rules governing the process of dismissal of persons of retirement age. It is carried out according to the general grounds provided for by the Labor Code of the Russian Federation (Article 77). Only article 80, regulating, in part three, classifies retirement as a case of impossibility to continue working. It means that the employer is obliged to terminate the contract with the pensioner within the period indicated in his application.

Such a preference is granted unconditionally once - at the first retirement.

When renegotiating an employment contract or upon re-employment, a pensioner is dismissed on a general basis. When leaving of his own free will, he must notify the employer two weeks in advance, unless otherwise provided by other legal acts, including local ones. The legally defined two-week period can be extended or shortened by agreement of both parties.

The employer has the right to assess the validity of the reasons for the subsequent dismissals of the pensioner on their own and release them from work on the requested day.

Registration procedure

The procedure includes:

1. Applying. Despite the fact that the articles of the Labor Code do not contain the wording "retirement", it must be indicated in the application so that there is a reason to dismiss the applicant at the desired time.
2. Inventory assignment(if the future pensioner is a financially responsible person), receiving a bypass leaflet.
3. Preparation of final settlements: payroll on the day of dismissal, other stipulated payments (allowances, bonuses), compensation for unused vacation before dismissal.
4. Issuing an order, the employee confirms the fact of familiarization with its contents with his signature.
5. Entry in the workbook(should be identical to the content of the order). The number, date of the order, the basis for dismissal are indicated - article 80 part 3 of the Labor Code - dismissed of his own free will with retirement.

The work book is issued against signature on the day of dismissal. If the document has not been received, the employee is notified by registered mail of the need to receive it or agree to be sent by mail. Sending a notice releases the employer from liability for late issuance of labor.

A causal note in the labor on retirement is made once - at the first dismissal of a working pensioner, when he may be entitled to some benefits. It doesn't matter if he left the job immediately or after some time.

On the day the contract is terminated, the employee is given a copy of the dismissal order, and the final settlement amounts are paid.

When applying for retirement, an employee has the right to familiarize himself with, it may contain the right to additional payments or severance pay. The legislation does not provide for any benefits, benefits from the enterprise in this case.

You can learn more about this procedure from the following video:

Is it possible to dismiss on this basis at the initiative of the employer?

The Labor Code of 2001 eliminated the previously existing discriminatory norm of terminating an employment contract initiated by the administration with persons who have reached retirement age if they have the right to receive a full pension.

Having a retirement age does not mean restriction of labor rights person:

• he cannot be automatically dismissed if the contract is concluded for an indefinite period of time, or if its term has not expired;
• it is forbidden to transfer him to another area of ​​work without the consent of a retired employee;
• it is impossible to replace an open-ended contract without a statement from the pensioner. A certain term of the agreement in the presence of a permanent vacancy is negotiated with the consent of the person being hired.

Individual employers, wishing to get rid of a working elderly person on their own initiative, sometimes violate the law. Pensioners, not knowing their rights, are unreasonably dismissed, in some cases deprived of their due payments.

Dismissed only because he is a pensioner, a person has the right through the court to be reinstated at work, to compensate for earnings lost as a result of dismissal and moral damage.

Rights in case of layoffs initiated by the employer

These grounds are listed in article 81 of the Labor Code of the Russian Federation. Consider the three most typical options:

• liquidation of the organization or termination of the activity of an individual entrepreneur;
• reduction of staff (number) of employees;
• non-compliance of the employee with the duties performed.

The Labor Code does not highlight any features of dismissal for the reasons listed above. A working pensioner, like all members of the team, is warned about the liquidation of a legal entity, a reduction in the number of employees within the period established by the legislator - two months before the events, in writing, against signature.

When reducing staff in relation to a pensioner, a number of procedures must be followed. Initially, a reduced working week (day) may be established for allegedly laid-off persons. Further:

1. A reasonable order is issued on the upcoming reduction and revision of the staffing table.
2. A commission is being created that analyzes information about employees, determines the preferential and legal grounds for continuing to work in the organization.
3. A working pensioner is offered vacant positions according to his qualifications or other, possibly lower paid ones, which he will be able to perform for health reasons.

The presence of experience and skills give the pensioner a chance to stay at work. In practice, it is most often people of retirement age who are fired in terms of reduction.

If a pensioner began to abuse his labor rights: to work without initiative, was disqualified, his experience is disproportionate to the requirements of progress, the employer has the right to apply clause 3 of part 1 of article 81 and terminate the relationship on the basis of insufficient qualifications. This should be proved by holding .

Unsatisfactory certification results are grounds for suggesting a transfer to another less difficult job or dismissal. Termination of the contract is preceded by a message to the trade union. The dismissed person is paid a two-week severance pay. The inconsistency with the work performed may be caused by the state of health of an elderly person, which must be confirmed by the conclusion of a medical commission.

Compensation in case of liquidation of the enterprise and reduction of staff

Compensation payments in case of termination of employment agreements for the above reasons are provided for in Article 178 of the Labor Code. The status of a pensioner does not affect the rules for assigning and the amount of severance pay.

An enterprise being liquidated or reducing its staff provides a dismissed person with a severance pay in an amount equal to his average monthly earnings.

The allowance is paid before employment, but is limited to two months from the date of dismissal.

An employee's application to the local employment agency for assistance in finding a job within two weeks after the dismissal guarantees the preservation of benefits for another (third) month. This provision should not apply to a pensioner, since he, receiving a monthly pension, cannot acquire the status of unemployed upon dismissal. However, by virtue of Article 3 of the Labor Code, this issue is debatable.

The severance pay is limited to the average monthly two-week earnings in cases of refusal of a working pensioner:

• from continuing to work under the changed conditions of the employment agreement;
• from a proposed other job;
• from transferring with the employer to another locality.

If there is a written consent of the employee to terminate the employment relationship before the expiration of the warning period, the employer pays additional compensation (average earnings for the period from the date of early dismissal to the date of reduction).

Collective agreements may establish higher amounts of severance payments and other cases of their payment.

The Labor Code of the Russian Federation clearly states that the dismissal of a pensioner without the agreement of the parties in most cases will be considered by the court as age discrimination.

Upon dismissal at the employee's request when it is due to the inability to continue work, as in other cases, one must refer to paragraph 3 of Art. 77 of the Labor Code of the Russian Federation. Moreover, if the letter of resignation contains the phrase "due to retirement", then the employer must dismiss the future pensioner within the period specified in the application, without the two-week working time required in other cases.

The entry in the work book must fully match the content of the dismissal order, i.e. it indicates the number, date of the order and the reason for leaving - dismissed of his own free will with retirement (part 3 of article 80 of the Labor Code of the Russian Federation).

When is the old age pension granted?

A citizen is entitled to an old-age insurance pension subject to certain conditions described in Art. 8 of Law N 400-FZ "About insurance pensions":

• Achievement of the statutory: 65 years old- men, 60 years- women.

  It is worth noting that some people can go on a well-deserved rest earlier (Article and Law of December 28, 2013 N 400-FZ). Lists of professions, jobs and organizations, taking into account which an early retirement pension is established, are approved by the Government of Russia.

• Availability less than 15 years. The bar for seniority is being raised in stages: in 2019 - 10 years and, adding one year at a time, will increase to 15 years by 2024.
• 30 IPK(individual pension coefficients). This requirement is also not introduced immediately: in 2019 - 16.2 points, with an annual increase of 2.4 until the specified amount of points is reached by 2025.

How to quit your job as a pensioner

The dismissal of a pensioner follows the same procedure as the dismissal of an ordinary employee, but with some nuances. They are associated with the concept "retirement". The interpretation of this concept by employers is not always correct, and they dismiss a pensioner in violation of labor laws.

If a pensioner goes to court, he can demand reinstatement in the workplace and payment of compensation for non-pecuniary damage.

To a working pensioner, dismissed in accordance with the law without his consent at the initiative of the employer(Article 81 of the Labor Code of the Russian Federation), all general guarantees provided by any other categories of employees are provided by law.

• Thus, when the staff is reduced, a pensioner is provided with a severance pay equal to the average monthly salary.
• At the same time, for the period of subsequent employment for this pensioner, the average monthly salary must be maintained for two months.

Leaving work at will

The departure of an employee on vacation in connection with the achievement of retirement age is not a dismissal. According to the norms of the legislation, this is the full right of a citizen to establish pensions. The dismissal of a pensioner at his request is the right to receive a pension.

The labor legislation of the Russian Federation does not establish a time period between the dismissal of a working pensioner at his own request and the receipt of the right to a pension. Such an employee may apply straightaway as soon as he was eligible to retire, and some time later. Moreover, the dismissal of an employee in connection with retirement must be made from the date indicated in the application.

The employer does not have the legal right to set deadlines for working off or refuse to dismiss.

Application for retirement

In the manner established in the Labor Code of the Russian Federation, a working pensioner, on his own initiative, writes a letter of resignation. In it he indicates:

• position and name of the employer;
• your position and full name;
• a request for dismissal, which indicates the date of dismissal.
• puts the date of submission of this application and his signature.

To avoid conflict situations, it is better for a pensioner to remove photocopy of the application, and ask the person accepting the application for registration to indicate on the second copy number and date incoming document.

Working 2 weeks upon dismissal

Dismissal in connection with retirement is a special case of dismissal at the request of the employee. Its peculiarity lies in the fact that the pensioner has the opportunity to quit on the day he wants, no 2 weeks notice about this employer, as in standard dismissal situations.

The dismissal of an employee of retirement age at his own request without working off is a benefit that is guaranteed to him by the Labor Code of the Russian Federation. Therefore, in the application it is necessary to write the reason in connection with which the dismissal will occur. In accordance with Art. 80 of the Labor Code of the Russian Federation, an employee can quit at will without working out prescribed 2 weeks due to circumstances that do not allow him to continue to work. Among these reasons, the employee's retirement is also indicated.

Employee benefits upon retirement

The benefits that are due to a retiree are similar to those due to an employee who has been laid off and has not reached retirement age. In accordance with Art. 127 of the Labor Code of the Russian Federation, a former retired employee, in addition to wages, has the right to receive vacation pay, which was not used during the period when he was in an employment relationship.

The collective agreement or other acts of the enterprise may provide for special payments for employees leaving for retirement. The amount of these payments is not regulated by law.

According to Art. 178 of the Labor Code of the Russian Federation, an employee dismissed due to staff reduction is entitled to severance pay in the average monthly salary. Until the moment of subsequent employment, the employee retains the right to receive this payment, but not more than during two months.

The law does not single out pensioners as a separate category and does not provide for any additional material guarantees, therefore the above rule applies to all employees.

Very often there are controversial cases around the provisions of Art. 178 of the Labor Code of the Russian Federation, which establishes the possibility of extending up to 3 months severance pay period. This is possible when a former employee who registered with the employment center within two weeks from the date of dismissal, due to the lack of a job that suits him, was not employed. For pensioners by age, this rule not common, because by virtue of Art. 3 Law No. 1032-1 dated 19.04.1991 "On employment in the Russian Federation" Employment authorities accept persons recognized as unemployed, and such, according to paragraph 3 of this article, pensioners by length of service or old age cannot be recognized. Consequently, only persons whose right to rest has come due to with a disability and provided that their state of health allows them to continue working.

Is it possible to fire a pensioner without his consent?

An employee of retirement age can be dismissed only like other employees of the enterprise, i.e. on a universal basis. There is no article in the Labor Code of the Russian Federation that gives the employer the right to get rid of an employee, just because his age exceeds the mark of 55 or 60 years.

The reasons for the dismissal of a pensioner, like any ordinary worker, can be as follows:

• in connection with the liquidation of the company (Article 180 of the Labor Code of the Russian Federation),
• at the request of the employee himself (Article 80 of the Labor Code of the Russian Federation),
• by agreement of the parties (Article 78 of the Labor Code of the Russian Federation),
• in other situations described in Art. 81 of the Labor Code of the Russian Federation (violation of their labor duties, low qualifications (required to be confirmed by certification), staff reduction, absenteeism, theft, presence at work intoxicated).

The status of a pensioner does not give any grounds for dismissal. Faced with illegal actions on the part of the employer, the pensioner has every right file a lawsuit.

Will working pensioners receive pensions?

According to the legislation of our country, a person retains the right to receive a pension even when he continues to work. But the possibility is being considered termination of payment pensions for working citizens. In 2016, the Ministry of Finance proposed to implement this measure in one of two ways:

1. for persons who continue to work regardless of the size of their wages - the complete abolition of the base part;
2. setting limits on the level of monthly income.

Already now, in accordance with article 26.1 of the law "About insurance pensions" a decision was made on for pensioners who continue their labor activity. To date, no official information has been made on payments for working pensioners. The issue of withdrawing pensions for workers is not yet being considered by the Government.

According to preliminary data, the return of indexation of pensions to pensioners who are employed, not provided.

Conclusion

The dismissal of a pensioner has its own subtleties that you need to know about in order not to violate labor laws.

• A working person should take care in advance about the approaching time. This concerns not only the process of establishing a pension in the FIU, but also the moment of dismissal in case a person wishes to leave the labor activity.
• The employer should also know what rules are used to draw up an order for dismissal in connection with retirement, what entries should be in the work book, how much to pay severance pay and other subtleties.

against the will of the employee is a discrimination of his labor rights. For coercion dismissal due to retirement the employer is fined. However, it happens that older people deliberately or unknowingly violate the law themselves. What should an accountant pay attention to when dismissing a pensioner, we will tell in our article.

Dismissal of a pensioner at the initiative of the employer

A working pensioner is not limited in any way in comparison with other categories of workers. Age is not a reason for dismissal in the absence of other claims to the business qualities of a person (Article 3 of the Labor Code of the Russian Federation). This means that the salary of a working pensioner must continue to be accrued in full in accordance with the employment contract.

The exception is a fixed-term contract, the conclusion of which is allowed with a pensioner (Article 59 of the Labor Code of the Russian Federation).

Dismissal of a pensioner by agreement of the parties

In the case when the employer is interested in dismissing the pensioner, but he does not want to leave, a compromise is possible in the form of dismissal by agreement of the parties (Article 78 of the Labor Code of the Russian Federation).

The employee and the employer must determine terms acceptable to both parties. We recommend signing a bilateral agreement before issuing an order, in which it is recorded that the parties have reached a mutual agreement, as well as indicate the date of the upcoming dismissal and other conditions.

Whether it is necessary to tax personal income tax payments upon termination of an employment contract by agreement of the parties, you will learn from the article .

Dismissal of a pensioner at his own request

At their own request, a retired employee can leave work at any time. To do this, it is enough for him to write a statement in which he indicates from what date he intends to terminate the employment relationship.

The 2 weeks advance warning rule does not apply to the pensioner. No matter how much the employer would like to force such an employee to work 14 days, this cannot be done.

Dismissal due to retirement issued by order. An entry is made in the work book: “At the initiative of the employee in connection with retirement.”

Is it possible to re-dismiss a pensioner at his own request without working off

Often, after leaving for a well-deserved rest, pensioners again get a job and, terminating the employment relationship once again, the application again indicates the reason: “In connection with retirement.” In this case, regardless of what is written in the application, the dismissal occurs already on general grounds. If the grounds for dismissal in the application are indicated incorrectly, you must ask the employee to rewrite it. If the dismissed person refuses to do this, the manager, affixing a visa on the application, must write: “I don’t mind, dismiss on general grounds with 2 weeks of work.”

Is it possible to withdraw the application if the dismissal due to retirement has already taken place

Having written a statement, the employee voluntarily retired. The organization issued an order and fired him from the date indicated in the application. After a while, the person changed his mind and wrote a new statement, now about revoking the previous one.

In this situation, the employer has the right to refuse the pensioner, since the employment relationship with the employee has already been terminated. You can withdraw your own letter of resignation only within a 2-week warning period. In this case, the employee, as a pensioner, left immediately, without warning.

You can find out how to return an excessively withheld tax to a dismissed pensioner by reading the article .

Results

At dismissal due to retirement the main thing is to remember that this can be done only at the request of the future pensioner and only 1 time. The presence of a written confirmation of the will of the employee will help the employer in conflict situations.

Once an employee reaches retirement age, they the right to leave work for a well-deserved rest. In this case, he needs to comply with all the necessary rules, and the employer is not forced upon dismissal.

Regardless of whether the pensioner resigned of his own free will (retired) or was dismissed due to circumstances provided for by law, he is entitled to certain ones.

Also, citizens of retirement age have the right to remain at their workplace even after completing the documents for receiving an old-age insurance pension.

When do people retire in Russia?

In accordance with Federal Law No. 400 of December 28, 2013, in the Russian Federation, men and women have the right to apply for old-age insurance pension payments only if they simultaneously three conditions:

• reaching a certain age;
• the presence of the required number of years of insurance (labor) experience;
• the presence of a certain number of pension points (IPC).

Minimum insurance experience and minimum number of IPC(individual pension coefficient) gradually increases every year to 15 years and 30 points. In 2018, in order to assign pension payments, you must have at least 9 years of insurance experience and at least 13.8 points.

In our country, the retirement age for men and women is 60 and 55, respectively. However, at present, the question of its increase is periodically raised. But so far, at the legislative level, the retirement age has been increased only for civil servants.

If a citizen has an insurance period less than the prescribed (or absent) or not enough pension points, he can count on social old age pension upon reaching the age of 60 years (for women) and 65 years (for men).

There are also many professions whose representatives can apply for pensions much earlier than the generally established deadline. To retire ahead of schedule may representatives of creative professions, military personnel, pilots, miners, etc.

What is the right way to quit your job?

At the legislative level, the employer cannot force his employees to leave the workplace in connection with reaching retirement age and drawing up old-age pension payments. Working pensioner has the right to decide:

• retire immediately after receiving the security;
• go on a well-deserved rest some time after registration.

Just like young citizens, retirees may leave the workplace voluntarily or may be fired by the employer. In addition, upon dismissal of a pensioner, he is entitled to certain payments.

Dismissal of a pensioner at his own request

Like any other employee, a pensioner has the right to leave work voluntarily, that is, at will. In accordance with Article 80 of the Labor Code of the Russian Federation, a pensioner may stop working on his own initiative, having previously notified the management in writing.

• If an elderly citizen who has issued pension payments decides to leave the workplace voluntarily, his departure will not be considered a dismissal, but retirement.
• In this case, the citizen does not just stop his labor activity, but acquires the right to receive a well-deserved pension.
• This is the main nuance when dismissing a pensioner in accordance with labor law.

Unlike other citizens of our country, who must notify their employer no later than two weeks before leaving, pensioners have the right to independently determine the date on which they plan to take a well-deserved rest.

In turn, the employer must terminate the employment contract within the period indicated by the employee in his application. Also, a citizen has the right to change his mind at any time to leave work and withdraw his application if the term of dismissal indicated in the application does not fit. However, when dismissing a pensioner in connection with his retirement, it is necessary to take into account some features when writing an application.

How to write a letter of resignation?

If a citizen wants to retire, he must submit to the employer written statement to leave on their own accord. This is a necessary document when terminating an employment contract at the initiative of an employee.

The so-called unified form does not exist. But there is a certain how to write a letter of resignation established by the Labor Code of the Russian Federation. The document may be written or printed; In the application itself, you must specify:

1. position and full name of the employer (in whose name the application is written);
2. position, surname, name and patronymic of the employee (from whom);
3. the name of the document (the word "statement" itself);
4. a request to dismiss of one's own free will, necessarily (in this case) indicating the reason for dismissal - in connection with retirement;
5. date of dismissal (the date from which the pensioner decided to stop working);
6. date of writing the application;
7. employee's signature.

Some employers, when leaving their employee for a well-deserved rest, require him to copy of pension certificate. But in fact, it is not necessary to do this, since it is not specified in the legislation.

On the last working day of the pensioner, his employer must issue him all the documents related to his work activity (work book, etc.). The final payment is also made to the employee.

Is it necessary to work out 2 weeks for a pensioner upon dismissal?

Citizens who have reached retirement age, at their own request, can stop working any day by indicating it in advance in the application. In other words, pensioners have the right don't work out laid down upon dismissal of two weeks. This is clearly spelled out in article 80 of the Labor Code of the Russian Federation.

You can quit without working off, if in the application itself the employee indicates the reason for his departure - retirement. This is the reason that prevents him from continuing his labor activity, and gives him the legal right to be dismissed without working off.

It is not necessary to explain in writing why a citizen wants to quit. But, at the same time, an indication in the statement of the reason gives a guarantee that the pensioner can retire on the day that will be written in his application.

Unfortunately, some employers the very notion "retirement" skip and accept from the pensioner a letter of resignation of their own free will without giving a reason. In this case, the employee will have to work out the prescribed two weeks, or negotiate with the employer. This is a violation of labor law.

What are the benefits for retirement?

Upon dismissal due to retirement, as well as upon ordinary dismissal of one's own free will, a citizen can count on the same payments, which are laid down upon dismissal of any other employee. And this:

• wage;
• holiday compensation.

In accordance with Art. 127 of the Labor Code of the Russian Federation, a citizen upon dismissal has the right to count on material compensation for all days of unused vacation.

In addition, some companies provide additional payments in monetary terms specifically for those employees who retire, if this is stipulated in the collective agreement or any other local act of the organization. However, the size of these payments is not regulated at the legislative level.

To those citizens who were fired at the initiative of the employer(due to downsizing, refusal of the employee to transfer to another job, etc.), certain payments are also due. Pensioners are no exception - they are also entitled to compensation.

In accordance with Art. 178 of the Labor Code of the Russian Federation, pensioners upon dismissal due to a reduction in staff or in connection with the liquidation of an organization have the right to count on severance pay in the amount of the average monthly salary. This severance pay is paid for no more than two months. At the same time, for the first month, the payment is made immediately after the dismissal, and for the second month only if the citizen has not been able to find a job for the entire time.

Those citizens with whom the employment contract was terminated due to the employee's refusal to perform the actions provided for again by the Labor Code of the Russian Federation can count on a severance pay in a smaller amount - biweekly average wage per month.

In the same way as in case of voluntary resignation, in case of dismissal at the suggestion (initiative) of the employer, the collective agreement may provide for additional payments.

Dismissal of a pensioner at the initiative of the employer

Reaching retirement age by an employee and becoming eligible for an old-age insurance pension is not a reason for his dismissal. An employer cannot fire an employee just because he is retired. However, in Art. 81 of the Labor Code of the Russian Federation lists a number of reasons why citizen can be fired at the initiative of the employer. These include:

• liquidation of the organization;
• staff reduction;
• insufficient qualification of the worker;
• repeated failure by subordinates to fulfill their duties;
• absenteeism;
• appearance in a state of intoxication at the workplace;
• disclosure of trade secrets of the organization;
• theft or embezzlement of property;
• violation of labor protection requirements, etc.

At the same time, the employer can't fire his subordinate during the time that he is recognized as disabled, or is on vacation. However, the exception is the liquidation of the organization, in which case the employer has the right to dismiss the employee by paying him a severance pay.

Should you work in retirement?

In the Russian Federation, persons who have reached the retirement age not prohibited continue to work at the same place of work. After reaching retirement age, pensioners need to decide:

• continue working;
• take a well-deserved rest.

Also in our country it is allowed to retire, and after a while to go back to work. At the same time, you can get a job both at the old place of work and at the new one. The pensioner receives monthly pension payments in full regardless whether it works or not.

In the implementation of officially registered labor activity in retirement, there are both pluses and minuses. TO pluses can be attributed:

• additional earnings (pension payments + wages);
• annual August pension increase due to additional insurance premiums.

Big minus for working pensioners receiving insurance pensions, appeared with changes in legislation in 2016 (Article 26.1 of the law "About insurance pensions") is the abolition of the annual planned indexation only for working recipients of payments.

Theoretically, a pensioner after retirement can find a job. However, in practice, it turns out that this is not so easy to do. Many employers prefer to rejuvenate the team, because they believe that the younger the person, the more able-bodied he is, and are reluctant to consider citizens of retirement age.

Labor legislation provides for 2 grounds for retirement - old age or in connection with the appointment of disability. When applying for a dismissal, you will need to take into account all the nuances of procedures that have different grounds and document flow. Let's consider in the article how the dismissal goes in connection with retirement, what documents are required.

Applying for an old age pension

Reaching retirement age is not a reason for terminating an employment relationship if the employee has not shown a desire to quit. The age at which pension coverage is due depends on the category of the employee or the right to early retirement due to special working conditions.

Termination of the contract is accompanied by a phased execution.

Employer notice period

Labor legislation does not give an exact answer about the need to notify the employer in advance. In Art. 80 of the Labor Code of the Russian Federation indicates the dismissal within the period specified by the employee, in case of impossibility of further work due to retirement. Due to the fact that the concept is not disclosed in the legislation, the provision must be taken literally - follow the condition unconditionally.

When notifying an employer:

• The application is made with an indication of the reason - retirement.
• The date of termination of the contract is determined by the employee.
• The employee has the advantage to quit any day after reaching retirement age.

If the employee has not reached the retirement age, the employer is notified on a general basis (2 weeks before the date).

Formulation of a dismissal order

An example of a fragment of an order to dismiss an employee:

"I order:

1. Dismiss Marina Polyakova, technologist of production workshop No. 1, on 10/26/2016. voluntarily in connection with retirement.
2. The basis for the order to determine n. 3 h. 1 Article. 77 of the Labor Code of the Russian Federation.
3. Employment contract No. 25/2006 is considered terminated from 10/26/2016.
4. The accounting department of Fortuna LLC will prepare the final settlement with the payment of a one-time bonus, provided for in clause 18 of the Collective Agreement.

Grounds for the order: statement by Polyakova M.V.

The wording corresponding to the order is entered into the work book and card. The dismissed employee gets acquainted with the records made under the signature.

The regulatory acts of the legislation do not provide a clear answer to the question of whether it is necessary to include a reference in the text of the order upon re-retirement. Based on the fact that retirement provides for its registration, the pension is not indicated in the text on re-dismissal. It depends on the presence or absence of a link whether the employee has the right to independently set the date of dismissal.

Disability and indications for dismissal

The legislation establishes 3 groups of disability, which have differences in working capacity and the ability to perform work duties. Attribution to disability categories was established by order of the Ministry of Labor of the Russian Federation of December 17, 2015 No. 1024n. The procedure for retirement due to disability is carried out depending on the working capacity established by the group.

The establishment of a disability group is carried out by the service of medical and social expertise. Data on disability are confirmed by the ITU certificate. Attached to the document is an extract from the act with a detailed description of health disorders and an individual rehabilitation plan, which the person and the employer must follow when continuing to work.

Grounds for retirement on disability

The employer, upon receipt of data on the disability of the employee, must decide on the further activities of the employee. Depending on the disability group:

• Dismissal of an employee upon presentation of a certificate of assignment of disability of the 1st group and complete disability outside the home. The date of dismissal is the day the ITU certificate is issued. If the certificate was issued at the time of illness, confirmed by a certificate of incapacity for work, dismissal is made on the day the sick leave is closed.
• Determination of the working capacity of a person in accordance with the rehabilitation card. If it is difficult to determine the ability of a working group disabled person to perform specific duties, you will need to obtain a list of available positions or professions from the examination service for the employee to perform.
• Provide the necessary working conditions. The employee must be provided with more benign conditions, if possible (Article 73 of the Labor Code of the Russian Federation). If the employee does not agree with the employer's proposal, the dismissal is carried out in accordance with paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

An example of the dismissal of a person who received a disability

An employee of the Vympel enterprise, B., was injured, limiting his ability to work in his position. The ITU certificate provided by B. testified to the assignment of 2 groups of disability to him. In the act, restrictions on harmfulness were indicated - the necessary working conditions for a person.

The availability of an assessment of working conditions at the enterprise made it possible to determine a position that meets the requirements of the rehabilitation program. B. refused the offer to transfer, citing low pay for the position. The head of PK Vympel decided to dismiss the employee in accordance with paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation. Upon dismissal, the employee received an additional severance pay.

Dismissal in case of complete disability

The appointment of a disability pension is made to employees with a group of limited ability to work, confirmed by an ITU certificate. If there is a minimum work experience, a pension is assigned by the Pension Fund of the Russian Federation, in case of its absence - by social services. The amount of the pension depends on the assigned group and the number of dependents of the person.

Termination of the contract in connection with the employee's retirement on disability is carried out in several stages. Strict adherence to the document flow and, most importantly, timely familiarization of the employee with them under the signature guarantees the absence of problems with labor inspectorates or judicial authorities.

Upon dismissal of an employee who is recognized as completely disabled, the following is issued:

• Dismissal order with the date of assignment of the group or at the end of the sick leave.
• The text in the work book according to paragraph 5 of Art. 83 of the Labor Code of the Russian Federation, its issuance with a certificate signed in the register.
• Certificates of income received and copies of other documents on the activities of the employee, provided upon written request.

Upon termination of the contract with the employee, a full settlement is made with the payment of the balance of the amounts due and severance pay.

The basis for issuing the order is the ITU certificate. An application for dismissal from the employee is not required, but can be submitted to agree on a date due to the presence of a certificate of incapacity for work. If the employee does not have a personal receipt of documents and calculation, actions are carried out on his behalf by a trustee.

Dismissal in case of refusal to transfer

When terminating the contract with a person who has received a disability of working groups, the options for dismissal are possible:

• In connection with the refusal of the employee to move to a position corresponding to the state of his health. Jobs with sparing conditions have low pay, which is the reason for the refusal to transfer.
• Due to the lack of a position at the enterprise with working conditions necessary for the appointment of an employee's disability. When searching for an appropriate position, they are based on staffing data for the presence of vacancies and an assessment of the working conditions of the workplace.

In the absence of appropriate vacancies for the work of an employee with a disability assigned working conditions or his refusal to transfer to another position, dismissal is carried out.

When documenting the refusal of the proposed position, it must be recorded in writing. A commission is created at the enterprise to consider options for positions with satisfying conditions. The proposed options are communicated to the employee in writing. If he refuses, dismissal is carried out on the basis of an act drawn up by the commission, a recorded refusal of the employee, and a medical certificate.

Articles of the Labor Code of the Russian Federation upon dismissal on a disability pension

The reasons for termination of the contract can be formalized in the following articles:

Frequently asked questions and answers about leaving due to retirement or disability

Question number 1. Can an employee after the retirement age be transferred to a job with other working conditions based on the results of certification?

No you can not. The rights of a pensioner do not differ from the working conditions of other employees. Transfer for production needs is carried out with the consent of the employee. If the employer is not satisfied with the results of the certification, the employee can be fired on the basis of insufficient qualifications.

Question number 2. Is it possible to hide from the employer the presence of a working 3rd disability group?

Providing data on disability is at the discretion of the employee. The employer, accepting a person with disabilities, must provide working conditions with the implementation of an individual rehabilitation program. If an employee hid from the employer the presence of a disability group, the employer is not liable if the state of health deteriorates.

Question number 3. Will the payment of a disability pension be terminated upon employment of an employee?

A citizen who has received a disability receives a pension depending on the category of the group. If 1 group is assigned that does not provide for employment, the amount of payments will be reduced upon admission to work. The information will be received by the FIU when deducting the employer and submitting reports to the fund. For work groups with an indication of the right to conduct activities, the payment is preserved in case of employment.

Question number 4. Can an employee with a disability be made redundant?

The reorganization of the enterprise, accompanied by a reduction in staff, provides for the pre-emptive right of a number of persons to continue working in the presence of the same type of positions. An employee who has received a disability in connection with the performance of labor duties has a priority right in case of staff reduction. Otherwise, persons with disabilities are treated equally with other employees.

Question number 5. Can I be fired under Art. 83 of the Labor Code of the Russian Federation of an employee based on medical examination data?

No, the data of the polyclinic examination is not the basis for the recognition of incapacity for work. An ITU certificate is required to obtain certification.