Conditions for the dismissal of pensioners at their own request. How to fire a working pensioner if he does not want to quit himself

Many people who have achieved retirement age, are forced to continue working in order to provide for themselves decent level life. When the time comes, they can leave their positions, and the dismissal process will have some features.

But if an employee left the organization due to retirement, and then got a job again at his previous position, then in such a situation the dismissal process will take place according to standard scheme.

Features according to the Labor Code of the Russian Federation in 2018

Each business entity that employs pensioners must be guided by the following articles when dismissing them: Labor Code operating in the territory Russian Federation: , , , 84.1 .

It is worth noting that if individual, officially employed in commercial organization or at individual entrepreneur, reaches retirement age, then this fact is not grounds for his dismissal.

He will hold his position as before, but if he wishes, he can leave his job and retire.

Pensioner's rights

Federal legislation protects people of retirement age from misconduct from the management. If the boss wants to dismiss such an employee on his own initiative without receiving his consent, then his actions will be considered a violation of labor laws.

In such a situation, the pensioner will be able to file a complaint with the labor inspectorate or judicial procedure be restored to your previous position. Legislation also allows people of retirement age to resign at at will without mandatory two-week work.

Moreover, such employees can submit an application even while on vacation or sick leave. This category of workers should be provided additional holidays at a time convenient for them.

The process of dismissing a pensioner from his position is carried out in the following way:

1. Initially, a full-time employee must write an application addressed to the head of the organization.
2. The application is reviewed by the boss and written in the upper left corner “Dismiss from.... numbers” and puts his signature.
3. The document is sent to the HR department. If the organization does not have a personnel department, then its functions are performed by the accounting department.
4. Based on the application endorsed by the manager, an order is issued, which is handed over to the pensioner for review.
5. After this, the authorized employee makes the appropriate entries in the pensioner’s personal card.
6. Final financial settlements are made with the resigning employee.
7. The pensioner is given a work book with the corresponding entry, as well as a certificate of average salary and other documents upon request.

How to fill out an application

A working pensioner who has expressed a desire to leave his position must notify company management about your intentions. To do this, he needs to write an application and submit it to the secretary, accountant or personnel officer for registration.

The boss must read the application and endorse it, after which the document is sent to the personnel department to process the dismissal papers.

A pensioner can write an application in free form, but at the same time he should adhere to certain rules:

1. In the upper right corner is written the name of the organization and the full name of the director. The next line indicates the full name of the employee, as well as his identification number.
2. Having retreated a few lines in the center, the individual must write “Application”.
3. A text is written every other line, in which you should indicate the reason for leaving, and also put the exact date dismissals. For example, “I ask you to voluntarily dismiss me from my position on December 8, 2017.”

With and without processing

If a full-time employee of retirement age decides to resign at his own request due to retirement, then in this case the procedure will be carried out according to the standard scheme.

The only difference will be that the pensioner does not need to work for two weeks. This procedure is regulated by Article 80 of the Labor Code of the Russian Federation.

The head of the organization is obliged to dismiss the pensioner on the day he indicated in the application. In this question there is one important nuance . If the employee indicates that “I ask you to dismiss me as of 12/08/2017,” then the dismissal date will be 12/09/2017.

If the statement contains the wording “I ask you to fire me on December 8, 2017,” then the head of the organization is obliged to carry out this procedure exactly 12/08/2017.

In the case where an employee of the organization previously resigned due to retirement, but then returned to his previous position as a pensioner, then upon dismissal of his own free will, he will have to work for two weeks.

But, if personal agreements are reached between the employee and management, then such a pensioner will be able to resign without the mandatory two-week work period.

If a business entity illegally forces a retiring pensioner to work for two weeks, the employee can complain to the labor inspectorate, which, after checking, will apply to the management penalties:

• individual entrepreneur – 1000-5000 rubles;
• commercial organizations - 30,000-50,000 rubles;
• company officials - 1000-5000 rubles.

On the day of dismissal, the business entity must pay the pensioner in full for wages.

Upon termination of an employment contract with such an employee, management is obliged to provide him with all appropriate compensation and benefits provided for by Federal legislation and internal regulations.

If an employee resigns due to retirement, then the compensation paid to him will be exempt from personal income tax. But at the same time, their size should not exceed three times the average monthly earnings of a pensioner.

In the event that such an employee is dismissed due to staff reduction, he is entitled to compensation payments for general principles , which he will be able to receive within a few months after the end of the employment relationship with the employer.

Filling out a work book

The process of filling out a work book must comply with the regulations of Federal legislation. The responsible employee of the organization, personnel officer or accountant must indicate in the work book the following information:

• date of dismissal;
• number and date of the order;
• the reason for dismissal with reference to the article of the Labor Code of the Russian Federation.

IN mandatory The work book contains the signature of the person who entered the data, as well as the wet seal of the organization.

Transfer to a fixed-term contract for subsequent dismissal

Many employers are looking for loopholes in the legislation in order to stop labor Relations with older people. Some managers offer retirees renew regular employment contracts for fixed-term ones.

If the employee agrees and signs new document, then upon expiration of its validity period the organization may refuse to continue cooperation with it. But, if the pensioner refuses to transfer to a fixed-term contract, management will not be able to carry out this procedure independently.

This is due to the fact that, according to the regulations of Federal legislation, before concluding a new agreement, the old one must be terminated. And if the pensioner refuses to terminate the previous contract, then it will continue to have legal force.

Litigation

Very often, disputes arise between business entities and their retired employees. controversial situations. In the event that the parties fail to reach a compromise, the only way to resolve the conflict is to involve representatives of the law.

The pensioner should write statement of claim , in which you briefly but very succinctly state the essence of the problem, attach documents to it that will act as evidence, and go to court. As a rule, the courts always side with older people if their claims against employers are justified.

How to formalize the dismissal of an employee at his own request? The answer to the question is in this video.

Dismissal of an employee at his own request implies the need for him to work for two weeks after notifying the employer of his decision. After the expiration of the time regulated by law, the employee receives settlement money and work book . Does the standard dismissal procedure change if the dismissed employee is of retirement age? How can a pensioner resign without working?

An article of the Labor Code regulates the rights of an employee in this status to take advantage of the preferential opportunity once.

Dismissal of a pensioner

Legislative norms regulate the employee’s obligations to provide advance notice to the employer of the desire to terminate the employment relationship with him. The procedure must be implemented 14 days before the desired date of termination of the contract. The Labor Code considers exceptions in which the dismissal procedure can be carried out according to a simplified scheme. In some cases, due to the interest in the event of both parties to the employment agreement or when agreements are reached with the employer, a person may be fired the next day after registering the application in status incoming document . TO preferential category

employees whose representatives have the right not to work if the employment contract is terminated include pensioners.

Pensioners and work Step-by-step instructions for dismissing an employee

own initiative The target date regulating the beginning of the retirement life period does not oblige an employed person to quit. It also does not constitute a basis for the employer to initiate termination of the employment contract. Citizens often work long after they reach retirement age. However, the law defines a pension as the main source of income for a pensioner, so work should take a back seat for him. Retirement presupposes the inability of a person to continue labor activity because of age characteristics

body. Its financial support is entrusted to the state.

Grounds for dismissal of a pensioner If an employee, upon reaching a milestone age period

considers it necessary to resign due to personal unwillingness or inability to continue working due to health conditions, then he has the right to terminate the employment contract. The pensioner does not have to comply with the two-week work period after notifying the employer of his decision. In the application, he can display any date of dismissal and the employer cannot challenge it. Read also: Time sheet: symbols

, codes and abbreviations

Nuances

• Dismissal of a pensioner under a simplified procedure is possible only in a situation where he breaks his employment relationship for the first time after the date regulating the start of retirement life.
• The resignation letter must reflect all reasons for leaving work due to:

Preferential opportunities can also be taken advantage of until retirement, provided that in the application the date of dismissal indicates any date following the birthday, after which the employee can retire.

In such a situation, the employer registers the application and, on the day specified by the employee, issues him a final payment and a work book. If in the application the pensioner indicates his own desire as the reason for dismissal, then the employer will have no reason to make exceptions for him in terms of timing, since he is not obliged to have information about age categories

their employees and their retirement dates.

If the head of a business entity, which employs people of retirement age, initiates the liquidation procedure of the company, then their dismissal is formalized according to a standard scheme regulated by law. They do not need to work mandatory days.

When you have to work it out

Dismissal of a pensioner at the pensioner's own request without service is possible only once.

A person cannot retire more than once. If he quit his job and, after a certain time period, decided to restore his employment relationship with his previous employer, or establish one with a new one, then the option of preferential dismissal will no longer be available to him. The severance of employment relations in such a situation is formalized according to a standard scheme with the need to work off, which applies to all employees.

How not to work off If a pensioner has previously taken advantage of the preferential right to dismissal, but does not want to work for a two-week period, then he can agree with his superiors on dismissal by agreement of the parties. The employee will receive the paycheck and work book on the day indicated in the application as the day of dismissal.

The position occupied by the pensioner may not allow it to be left empty for a two-week period of service. Since, according to the law, the employer does not have the right to register a new employee for a job that has not yet been released

However, pensioners usually do not abuse such decisions due to their responsibility, which determines the need to prepare documents for transfer to the receiver or employee who will be assigned the duties of the dismissed employee. People of retirement age are sociable, so they often need two weeks to say goodbye to colleagues.

The government is actively discussing various aspects related to citizens of retirement age who continue to work. Trying to stimulate late care retirement, new laws are being created to allow experienced employees to be useful at work longer. Attempts have been made repeatedly to put on the agenda a legislative increase in age, which allows an employee to retire later.

However, sooner or later, the employer has to deal with the fact that an older employee expresses a desire to leave the company. It is important to distinguish between situations in which a person resigns due to entering retirement age from those in which it is necessary to formalize the dismissal of a working pensioner.

You should find out in advance how the dismissal of pensioners at their own request occurs, whether the procedure differs from the dismissal of other employees, and what special conditions provided for this category of citizens.

Issues relating to the termination of mutual contractual relations between employees and their employers are regulated by the Labor Code. Based on this document One can distinguish a number of rules that are the same for older workers and other categories of employees, and a number of provisions that apply only to pensioners.

General provisions

Like any other employee at work, a pensioner has rights and responsibilities guaranteed to him by the state.

According to Articles 2 and 3 of the Labor Code, pensioners:

• can freely use their abilities, choosing or refusing a job;
• cannot be discriminated against on any basis, including age;
• have equal rights and opportunities relative to other employees;
• are provided with state guarantees for employers’ compliance with the terms of labor agreements, collective agreements and labor legislation in general.

The dismissal process is reflected in Article 77 of the Labor Code of the Russian Federation. It describes in detail all the rights and obligations applicable to the parties. The so-called “dismissal of one’s own free will” is defined in the legislation in the form of the concept of “dismissal at the initiative of the employee” and is described in detail in Article No. 80.

Termination of employment relations with older employees must be subject to general principles. Although, an achievement established age cannot be used as a reason for dismissal, it can be regarded as a criterion for the impossibility of further performance official duties. This basis gives the employee the right to retire.

An employer can use this criterion as a basis for releasing a pensioner from a position if the organization belongs to the category of those in which an age limit has been established for positions held by employees. These, for example, include most government agencies, where official continuation of work after 65 years is not allowed.

Exceptions for pensioners

The official age at which an employee can retire is recognized as a figure approved by law.

Currently it is:

• 60 years - for men (Federal Law No. 400 of December 28, 2013);
• 55 years - for women (Federal Law No. 400 of December 28, 2013);
• for men in civil service - 65 years (Federal Law No. 143 of 05/23/16);
• for women in the civil service - 63 years (Federal Law No. 143 of May 23, 2016);

Article 179 of the Labor Code is intended to motivate employers to preserve jobs for pensioners. It secures preferential rights to continue the work of experienced employees if it is necessary to reduce the staff of the enterprise, if they are highly qualified and have valuable skills and knowledge.
In addition, older employees can receive benefits when performing work:

• shortened working hours;
• the opportunity to receive additional vacation days “at your own expense” within two weeks a year;
• the opportunity to leave work without working;
• choosing a convenient time to go on vacation if the employee is a participant in the Second World War or a veteran (Federal Law No. 5 of January 12, 1995).

Nuances in the issue of working out

The widespread obligation to work off workdays before dismissal comes from the need to warn the manager about the desire to leave the service two weeks in advance, enshrined in the Labor Code. Work upon dismissal, as such, is not listed anywhere in the law. Therefore, by warning the employer, you can do it both on vacation and while on sick leave. The main thing is that the employee remains on staff for at least two weeks before dismissal.

In the case of older employees, the law provides for two options for dismissal.

Article No. 80, which regulates the dismissal of pensioners at their own request without service, is interpreted differently by employers. This is due to the deadline for the pensioner to submit the relevant application. Some managers believe that if the decision to resign is based on the reason an individual employee has reached retirement age, then they should be released without working. If a working pensioner decides to interrupt his work, then he must work in general procedure, that is, 2 weeks established by law. This is a direct violation of the law.

Upon reaching retirement age, a citizen, refusing further work, by law becomes the owner of additional state guarantees and pension provision. At the same time, the opportunity to stop working and receive pension benefit– a right, not an obligation.

Preferential conditions allowing pensioners to resign without working in 2019 apply to any deadline for the latter filing an application if they exercise their right while continuing to work at the same enterprise. In this case, the application must indicate an additional reason for dismissal.

However, if after retirement an employee gets another job, then dismissal from it will be carried out according to general rules, taking into account the need to notify the manager two weeks in advance. Unless otherwise specified by contract or agreement.

Thus, only one entry can be made in the work book that its owner is dismissed upon retirement, which gives the advantage of leaving service without working off.

Dismissal procedure

A pensioner who wants to retire upon reaching of a certain age, you should be warned that continued work at the enterprise does not lead to cancellation pension payments. This misconception often becomes a false incentive to quit work.

If the decision remains unchanged, the formalization of dismissal for older employees depends on what follows retirement.

The dismissal procedure is related to:

• with complete termination of the contract and termination of employment by the employee;
• with the pensioner continuing to work in the organization in a different position or under other conditions.

A pensioner can be transferred to another job only with his consent. If it is received, then the process can be formalized by transfer, or by terminating one contract and signing a new one. The option of transferring a pensioner to work under a fixed-term contract also cannot be used without the consent of the employee. If an employer terminates the main contract with a pensioner to arrange a fixed-term contract, this is illegal.

Each of the options:

• begins with the employee submitting an application;
• provides for the issuance of an order of dismissal;
• contains the need to make changes to accounting documents;
• obliges the employer to settle payments with the employee.

Each stage is important and has its own nuances.

Statement

Bureaucratic nuances have important when dismissing older employees. Thus, when submitting an application for dismissal of his own free will, without specifying a reason, an employee runs the risk of staying at the enterprise and working for 14 days. If the application states that voluntary dismissal is made in connection with the decision to retire or due to reaching retirement age, then the employer’s actions to force the employee to work can be challenged as unlawful.

A correctly executed resignation letter is drawn up according to the general rules of document flow, according to which it contains:

• Full name and position of the manager to whom the appeal is sent;
• Full name and position of the pensioner;
• date of proposed dismissal;
• reason for leaving, which is in this case, is formulated as “dismissal of one’s own free will, in connection with retirement”;
• date of document preparation and employee signature.

It is more convenient to prepare the application in two copies. Of which, the first is given to the HR department, the second, with a mark of acceptance, remains with the employee.

IMPORTANT: If the manager, to confirm the status of a pensioner, requires the employee to present pension certificate, his actions are illegal. The employer is obliged to release the pensioner according to his wishes.

Restrictions are imposed only on dismissal, which is carried out at the initiative of employers.

Making an order

To draw up an order for the dismissal of a pensioner, HR specialists need to use the standard T-8 form, or develop their own form. This option is allowed by Rostrud (letter No. PG/1487-6-1 dated 02/14/13). In the latter case, the order is issued on letterhead approved by management. To comply with labor policy, when drawing up the text of the order, you should adhere to the GOST requirements regarding the preparation of documents (No. P 6.30-97).

The order specifies:

• reference to the third paragraph of Part No. 1 77 of Article of the Labor Code (dismissal at the initiative of the employee);
• link to article No. 80 of the Labor Code;
• details of the application received from the employee, which serves as the basis for dismissal;
• date of dismissal;
• a transparent requirement to terminate the employment contract and ensure settlement of mandatory payments and personnel documents;

The order must indicate the responsible persons. Usually they are the head of the personnel department and the chief accountant.

In addition, the document must have at least two signatures:

• the leader giving the order;
• the dismissed employee, after he has read the text.

The latter is necessary to confirm the pensioner’s consent to dismissal.

If an older employee is transferred to more light work, then the order is issued in form T-5.

Employment history

The personnel service employee is obliged to look into the work book of the retiring pensioner immediately after receiving the application, even before drawing up the order. If a retirement record has already been made there, then the employee cannot be dismissed again on this basis. This means that he is not entitled to benefits for the absence of work.

If such a record is missing, it is created by a personnel specialist on the basis of a dismissal order.

The line indicates:

• date of termination of the contract;
• article of the Labor Code specified in the order (part 1, clause 3, article 77);
• signature of a HR employee;
• seal of the organization.

The completed work book should be returned to the pensioner on the day of dismissal.

Calculation

Having made the decision to resign, the pensioner can count on all types of payments due upon dismissal at the initiative of the employee.

These include:

• wages for days worked;
• monetary compensation for unused vacation days;
• additional payments, if there are grounds for receiving them.

If an employee worked seasonally under a fixed-term contract, then he is entitled to a reduced salary. severance pay. When working part-time, the calculation is made based on the part-time worker’s rate. By a fixed date the calculation is made on the last day of service of the resigning employee.

If on the last day the employee is absent from the workplace, the accounting department is obliged to make the calculation after receiving such a request from him. Then the final payment date will be considered the working day following the pensioner’s application.

Subtleties of the process

Violations often occur when retirees are dismissed.

For example:

1. The employer is trying to get rid of employees who have reached retirement age, dreaming of replacing them with young staff. In this case, there may be coercion to draw up a request for resignation of one’s own free will or to formalize dismissal by agreement of the parties.
2. Wanting to gain time to find a new employee, the manager insists on two weeks of work, although the employee submits a letter of resignation upon reaching retirement age.

If the employee proves that there was a violation against him labor legislation, then he can be reinstated to his position by court decision. In addition, the employer faces material costs in the form of payment of fines to the state treasury and compensation for moral damage to the pensioner.

The dismissal of pensioners on their initiative should be carried out in accordance with legal norms. This guarantees the employer no claims from the labor inspectorate, and the pensioner legal right for a well-deserved rest.

The rules for dismissing employees are prescribed in the Labor Code of the Russian Federation. Dismissal of a socially vulnerable category of citizens must take into account certain features that do not apply to other categories of workers:

• The pensioner must submit an application indicating the reason - in connection with retirement;
• The Labor Code provides for the dismissal of a pensioner without two weeks of service if he indicated retirement as the reason for dismissal (paragraph 3 of Article 80 of the Labor Code of the Russian Federation);

• To dismiss a pensioner on preferential terms, he does not need to provide documents confirming the benefit (pension certificate);

• Retirement is not a reason for dismissing an employee; it provides for the person to acquire legal grounds to receive a pension benefit;
• Since the Labor Code of the Russian Federation does not provide for a period between the onset of pension grounds and the dismissal of a person, an employee can continue to work after retirement, and the employer does not have the right to personally set the period of his dismissal and thereby influence the person’s decision;
• When submitting an application for dismissal with retirement, the employee must indicate the desired date of dismissal;
• The retirement of a pensioner is carried out at the time he wishes, regardless of the date of retirement.

The existence of mandatory standards for an employer when dismissing an employee due to his retirement includes certain conditions for the employee himself, who has acquired the right to a social benefit.

How to properly quit your job as a pensioner

The law defines that pensioners are those citizens who are assigned an old-age pension on any basis, including preferential and early pensions.

If the reason for dismissal was stated - retirement, then the employee is provided with a legal benefit and the pensioner’s dismissal at his own request occurs without working off. And the employer must dismiss the pensioner exactly within the period specified in the application. He cannot do this later than the date specified in the application (Determination of the Moscow City Court dated May 30, 2013 No. 11-14536). At the same time, retirement is not a reason for the employer to automatically dismiss an employee; he cannot fire him on his own initiative. Dismissal occurs on general conditions by application.

Do pensioners need work upon dismissal?

When dismissing a pensioner, do I have to work 14 days? Depends on one thing. When leaving voluntarily, a pensioner must work for 2 weeks, if the application he did not indicate the reason for dismissal - retirement. In this case, he is obliged, under general conditions, to notify his employer of his desire to stop working two weeks before the actual dismissal. This time is given by law, and the employer needs it in order to find a replacement for the employee’s position. If an employee does not indicate a preferential reason for dismissal (retirement), then the no-work rule does not apply - he is obliged to work for two weeks at the request of the employer. He may not work this time by agreement with his superiors; they have the right to release the employee earlier than after 2 weeks.

The wording “retirement” is accepted as a respectful reason to provide a person with the exclusive right to dismiss. If it is not indicated, then the general rules for dismissal at one’s own request and for a pensioner apply.

A pensioner may be dismissed for organizational or production reasons, taking into account his age characteristics. For example, due to the impossibility of a pensioner fulfilling his work duties. In this case, he may be transferred to another place of work with more easy conditions labor and only with the written consent of the employee himself.

If there is a reduction in staff, the pensioner must be offered a transfer to another position while maintaining the existing salary level. And in this case, he must be notified of the layoff in writing along with other employees. Under such circumstances, the pensioner has the right not to work for a two-week period.

The procedure for dismissing a pensioner at his own request:

• The pensioner submits a letter of resignation (indicating the reason);
• The head issues a corresponding decree based on the application;
• The HR department prepares documents for dismissal and submits them to the accounting department;
• The accounting department calculates the amount due cash payment a pensioner on a general basis;
• The employee fills out and submits a bypass sheet;
• Upon final payment, he is given a work book.

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

Is retirement age a reason for dismissal?

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

According to legislative norms, the dismissal of a pensioner in 2018 is no different from the termination of contractual relations with other categories of employees. After reaching retirement age, a working person continues to be subject to all the norms of the Labor Code of the Russian Federation (LC RF), but at the same time, the state provides a number of concessions that facilitate the process of work and retirement. For example, guaranteed extraordinary leave of up to 14 days without pay and dismissal without two weeks of work.

Regulatory framework

In order for the dismissal of a pensioner in 2018 to take place without violations, the employer needs to be well aware of the legal requirements. Depending on the specific situation These standards will be regulated by:

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

Conclusion of fixed-term contracts

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

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

Rights of a working pensioner

According to Russian legislation, an employee of retirement age is not limited in any way in his rights compared to other employees; on the contrary, he has a certain superiority, which must be taken into account when leaving. Such advantages include the absence of work and the possibility of receiving pension benefits while continuing work activity.

Benefits and Benefits

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

• The possibility of terminating the contract without notifying the employer two weeks in advance if the reason is retirement. This is determined by Article 137 of the Labor Code of the Russian Federation and removes questions like “Can a pensioner quit without working?” that may arise from the HR department of an enterprise.
• The right to receive a pension (but while a person is working, this category of payments is not subject to annual indexation).
• Receiving an additional 14 days of vacation at your own expense.

How to fire a pensioner in 2018

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

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

At your own request

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

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

At the initiative of the employer

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

• due to the liquidation of an enterprise or termination of the activities of an individual entrepreneur;
• due to staff reduction;
• if the employee is not suitable for the position held;
• in case of violation of internal regulations or theft of property.

The first two reasons are the most common. If there is a desire/necessity to lay off an employee at the initiative of the employer or dismiss him due to the liquidation of the organization, the HR department is obliged to notify the employee about this two months in advance. Termination of a contract for reduction involves a change in the staffing table of the organization, where the previous position should not be available. The employer needs to know that staff reduction cannot be used as a way to get rid of pensioners - directors may be held administratively liable for this.

Another required condition– when a pensioner is dismissed in 2018 due to staff reduction or liquidation of the enterprise, the accounting department is obliged to make all payments required by law to the employee. This includes payment of two months' salary and compensation for unused vacation. Alternatively, if the workforce is reduced, the employee is offered another position. If the employee agrees, he does not resign, but is transferred to this specialty.

If the dismissal of a working pensioner in 2018 occurs due to inadequacy for the position held, then this decision must be supported by appropriate documentation. This includes:

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

Violation of internal regulations (for example, showing up at work drunk) or material damage to the organization (for example, theft of property) are legally considered reasons for terminating an employment contract. In this case, the incident must be documented accordingly - a report must be prepared and written explanations must be received from the guilty employee. Based on these documents, the director must make a decision and issue an appropriate order.

By agreement of the parties

The dismissal of a pensioner in 2018, by agreement of the parties, must occur in accordance with Article 77 of the Labor Code of the Russian Federation, and the initiator can be either the employer or the employee himself. Depending on the reasons, the advantages of this form of termination of employment include:

• the possibility that the application does not contain a reason for termination of the employment relationship;
• a favorable alternative to terminating an employment contract due to the fault of an employee, an “unspoiled” work book;
• extension continuous experience for another 1 month;
• the possibility of obtaining more acceptable conditions (amount of compensation, etc.) than in case of dismissal “at one's own request”.

In what cases is training mandatory?

Although, according to Russian legislation (Article 80 of the Labor Code of the Russian Federation), the dismissal of a pensioner in 2018 does not provide for two weeks of work, there are exceptional cases. These include situations where the working relationship ends:

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

The procedure for dismissing pensioners at their own request

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

1. Determine the date of termination of the employment relationship and write a statement indicating the end date of work and the wording - “in connection with retirement.” The situation may require working out (for example, for inventory), this must be taken into account when making calculations so that additional term It wasn't a surprise at work.
2. The application is handed to the employer (preferably with a signature confirming receipt on the second copy of the document). The director may require that a copy of documents (for example, a pension certificate) be attached to the application - labor legislation nowhere speaks of such an obligation for a resigning employee, so fulfilling this requirement remains at his discretion.
3. The director must issue an appropriate order terminating the employment relationship from the specified date.
4. By the time the employment relationship is terminated, the accounting department calculates all necessary payments.
5. On the last day of work, the resigning employee receives a paycheck and a work book. In some cases, money may not be transferred on the last day, but a little later - when other employees receive their salaries.

How to write an application correctly

Although there is no legally established application forms, in It must necessarily reflect some points. These include:

• Last name and initials of the head of the organization and his position.
• Last name and initials of the applicant, his position indicating the department.
• The word "Statement" is in the center.
• Text indicating the date of termination of the employment relationship.
• If an employee applies for a benefit - absence of two weeks of work, then he must indicate the reason for termination of the employment relationship - “in connection with retirement.”
• The application ends with the date of writing and signature.

What payments are due?

When a pensioner is dismissed in 2018, he is entitled to a number of payments and compensations - some of them are mandatory by law, but there are also payments that depend entirely on the employer. When terminating an employment relationship, an employee is required to receive:

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

Right to additional payments

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

Rules for dismissal of pensioners during staff reduction in 2018

When an enterprise downsizes, people of retirement age are laid off on a general basis. At the same time, an imaginary reduction aimed at formalizing the departure of a pensioner with the least loss for the organization is not legal - the previous position must be removed from the staffing table so that a new employee cannot be hired for this position. The director must adhere to the following procedure:

1. Announcement to the employee (against signature) about changes in the staffing table two months before dismissal.
2. Preparation of an order to change the staffing table due to the reduction of certain positions.
3. Determining whether an employee can occupy other available positions at the enterprise (in some cases this is specified in employment contract as a benefit, if available long experience work at the enterprise). If the employee agrees, the dismissal procedure is replaced by transfer to new position. Proposal for new job done in writing– if the conditions do not suit the employee, he can refuse them, which returns the process to the registration of the dismissal procedure.
4. Calculation of all payments necessary for the employee in accordance with the Labor Code of the Russian Federation (salaries, compensation for unused vacation, benefits in the amount of two months’ salary). If the organization has additional benefits for those retiring, they are also added to the total amount.

Benefits and compensation according to the Labor Code of the Russian Federation

Retirement implies full settlement with the employee. On the last working day when staffing is reduced, he must be paid:

• Wages for time worked in current month.
• If there is unused vacation, compensation for it.
• Benefit in the amount of two months' salary. In some cases, payment is made for the third month (for example, with the assistance of the labor exchange - according to Letter of the Ministry of Finance No. 03-03-04/1/123 dated November 30, 2005, employment centers do not have the right to refuse to issue certificates of absence to persons of retirement age required vacancies).
• Additional benefits not provided for by the Labor Code of the Russian Federation - their payment will be regulated by internal regulations.

In what cases is the amount of compensation benefit equal to 2 weeks’ earnings?

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

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

Features of payment of compensation to workers of the Far North

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

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