The right of a pensioner to additional unpaid leave

Home / Labor Law / Vacation / Administrative

Back

Published: 01/27/2018

Reading time: 6 min

0

7269

Any employee has the right to petition the management of the organization to grant him leave at his own expense (administrative leave). The grounds may be established family circumstances or other respectable reasons.

However, the head of the enterprise has the right not to satisfy the employee’s request if he is not included in the list of persons to whom Article 128 of the Labor Code of the Russian Federation guarantees the provision of administrative unpaid leave.

Labor legislation specifies the categories of working citizens who have the right to take days off without pay once a year:

  • disabled for all reasons, including combat;
  • pensioners who have retired due to age;
  • close relatives (spouses, parents) of deceased servicemen;
  • persons previously involved in painful actions and having the appropriate status.

Since working pensioners are included in this list, the enterprise administration cannot deny them legal rest without pay.

Employees of organizations who have the right to annual administrative leave for several reasons can take advantage of only one of them, the duration of which is longer.

  • Duration of administrative leave for pensioners
  • Conditions for granting unpaid leave
  • Registration procedure
  • Transferring administrative leave to next year
  • Certain nuances of leave without pay. Can an employer recall a retired employee from leave without pay?
  • How to interrupt unpaid leave
  • Dismissal while on leave without pay

Dear readers! To solve your problem, call hotline 8 or ask a question on the website. It's free.

Ask a Question

Basic rules for provision

The rights of a working pensioner, along with other employees, are preserved in terms of the provision of compulsory annual rest after the first 6 months. However, it is possible to apply for additional leave much earlier, if of course this has been agreed upon with the management of the organization.

Recall from additional leave is also possible, but this can only happen with the written consent of the employee, and a good reason for urgently returning to work must be indicated.

If the employee refuses to confirm in writing his early return from vacation, the employer cannot continue the dialogue on this topic, since he has no rights to do so by law.

The only exceptions can be unforeseen situations that are provided for by law.

These may include natural disasters, as well as industrial emergencies that resulted in a man-made disaster, etc. However, if the employee has good reasons for refusal, then he may not return from vacation.

But he will have to confirm his absence with documentation, for example, a certificate from a medical institution.

Basics

Article 128 of the Labor Code of the Russian Federation

Many citizens of our country continue to work after reaching retirement age. This is influenced by various factors. Including a small pension, and a reluctance to just sit at home doing nothing, if possible, receive a stable income. Therefore, these categories of people continue to work in enterprises and organizations. They have equal rights with other subordinates. The manager cannot refuse employment to such citizens because of retirement age, because this would be a violation of the law. In addition, these individuals have some advantages:

- may not work for two weeks upon termination of the contract;

- because of their experience and high qualifications, it is easier for them to remain in their position if they are laid off;

- rest without pay, according to Art. 128 Labor Code of the Russian Federation.

Does a pensioner have the right to additional leave for working pensioners without pay?

According to the law, any employee can apply directly to the manager to receive additional days of rest. Usually, it is important to indicate the reason; as a rule, it is due to family circumstances, as well as other valid reasons.

If the manager considers that the provision of leave is unnecessary, he may refuse if the employee is not included in the following list:

  • An employee with a disability;
  • An employee who is an old-age pensioner;
  • The employee is a close relative of the deceased serviceman;
  • The employee is a participant in hostilities, and also has a document that confirms this.

From the above, it becomes clear that the employer, when applying to an employee with pensioner status, does not have the right to refuse, but on the contrary will be obliged to provide an additional one without any reservations.

Legislative framework for providing leave to pensioners

To find out the procedure for obtaining leave, you need to use official documents: the Constitution, federal laws, the Labor Code and other regional acts. Let's consider these sources:

  • 128 Art. The Labor Code lists the groups of citizens who are entitled to it, as well as the main events in the life of an employee that require the use of unpaid leave of up to 5 days.
  • Article 22 of the Law “On Veterans” prescribes the payment of annual leave at the expense of local authorities to labor veterans. It should be taken into account that the availability and size of payments depend on the individual subject of the Federation and may not be established in all areas.
  • Article 9 of Law No. 255 prescribes that in the event of temporary disability, an elderly worker has the right to take vacation days for recovery at his own expense.
  • 121 Art. The Labor Code establishes the proper number of days (from 1 to 14) of unpaid leave for working pensioners, which fit into the length of service. When the number of days exceeds 14, you lose seniority.
  • 286 art. The Labor Code determines compliance with labor standards and determines the procedure for establishing vacation time for employees who are employed part-time in the organization.

It is important for the employer to remember that the category of people receiving a pension includes not only citizens who have reached the established age, but also various groups of citizens:

  • persons who have reached an age-related pension and receive its insurance part;
  • people with disabilities;
  • people who have retired before their age
  • family members who have lost their breadwinner;
  • some public sector employees (military, teachers).

Rights and benefits of people of retirement age

Only those persons who, by law, have reached a certain age limit, and also have a certificate entitling them to benefits, can be classified as pensioners.
In our country, women retire in 2020 at fifty-five years of age, and men at sixty.

In addition to pension compensation payments made monthly, these people are also entitled to a number of benefits and benefits:

  • Management often values ​​older employees because of their incredible wealth of experience, and therefore such people are rarely laid off.
  • An employer does not have the right to refuse employment to an elderly person only on the grounds that he is a pensioner.
  • Providing additional leave to working pensioners from management upon their first request and within the time limits prescribed by law.
  • A pensioner, resigning from his place of work, has every right to leave, even without working the two weeks required by law, but immediately.
  • It is possible to fire a working pensioner who is on unpaid leave only in exceptional cases. For example, when a company is subject to liquidation.
  • no income tax on pension payments, financial assistance and compensation;
  • receiving benefits on some taxes, for example, land and transport;
  • the opportunity not to pay property tax on 1 object;
  • the ability to have a shorter working day;
  • increasing the size of pension payments;
  • receiving other benefits prescribed in the local act.

It is important!

During the year, a pensioner has the right to receive: paid and additional vacation periods. During one year, it is possible to postpone your vacation for several months, but if you do not use it within the allotted time, then it will be impossible to sum up the days for the next year (Article 128 of the Labor Code).

Persons who have reached retirement age have special benefits. These include: compensation for travel in both directions on public transport (train, plane, bus, car), as well as luggage transportation. However, additional benefits are not available to everyone. They are suitable for the following categories of citizens:

  1. Military personnel officially in civil service.
  2. Employees of the Ministry of Internal Affairs and other government security agencies.
  3. Persons operating in the Northern regions or in other difficult climatic conditions.
  4. Family members who have not reached the age of majority, vacationing with the pensioner.

To receive monetary compensation for travel, you need to present supporting documents to the organization’s accounting department. They can be tickets, gas station receipts, boarding passes, baggage receipts, and various receipts.

Who is entitled to rest and how long?

Any person, no matter what position he works in, has every right to ask his superiors to assign him additional leave without pay, for example, for family reasons, health reasons, in connection with significant events and on any other grounds. However, the legislation clearly states all the nuances in article of the Federal Law under number 128 of the Labor Code of the Russian Federation.

The Labor Code contains clear instructions regarding the categories of citizens, as well as the timing of vacations for all working pensioners. Moreover, in the work schedule, such weekends have their own codes, for example, “17” and “OZ”, as well as “18” or “DB” and others. Let's take a closer look at how long unpaid leave a working pensioner is entitled to and when such a right can be exercised.

  • Retired combat veterans, as well as persons awarded the honorary badge “Resident of Siege Leningrad,” are entitled from the employer to at least 35 days per year of additional unpaid leave, in addition to paid leave, provided all the necessary supporting documents are available.
  • Disabled pensioners, as well as veterans and participants in military operations, including the Second World War, can realistically claim 60 preferential days a year.
  • Pensioners who work in the fire department and rescue service on a voluntary basis can get an additional 10 days off, in addition to the basic one provided by law.
  • Heroes of the Soviet Union, Russia, Labor, as well as holders of the Orders of Glory and Labor Glory can rest an additional three weeks a year, if they have an order book or a Hero book.
  • Pensioners working in difficult and dangerous conditions of the Far North have the right to extend additional days off for the entire period, which takes travel from the place of work to the final destination and back.
  • Spouses of those who work on pensions have the right to additionally receive leave that corresponds to the weekend of the working husband or wife.

It also happens that employers themselves provide additional concessions and benefits to their employees who have reached the legal retirement age; you need to find out about this at the place of work.

What from vacation will be included in the length of service?

Not all additional leave can be counted towards the total length of service. 14 full calendar days are taken into account, including weekends and holidays. All unpaid days that exceed two weeks will simply be missed when calculating length of service.

If a pensioner gets sick while on vacation:

  • additional at his own expense : he no longer has the right to issue a standard sick leave.
  • paid : sick leave can be extended for the entire duration of the illness, upon provision of appropriate certificates.

Peculiarities

The main features of additional days without pay for pensioners include belonging to certain specific categories:

  • The specific location of the place of work is the Far North. In this case, 24 days are provided;
  • There are places that are considered equivalent to the working conditions of the Far North. Such a place of work guarantees additional vacation - 16 days;
  • Work in production with harmful or difficult conditions - 7 days;
  • If the employee has a disability (the group does not matter) - 6 days;
  • A pensioner who has previously been exposed to radiation has the right to request an additional 14 additional days per year;
  • If the work involves irregular working hours, then about three additional days are added.

How to write an application for leave at your own expense

Only a working citizen has the right to take the initiative and go on unpaid leave. In order for a working pensioner to take a vacation at his own expense, he must write an application (fill out a form) addressed to the director of the enterprise. It is not necessary to write an application in advance, since retired people have the right to urgently prepare such papers. Documents are registered and signed by authorized persons. The HR department prepares a corresponding order, which is also submitted to the superiors for signature, then it is given to the employee for review and mandatory signature. The number of free days is marked on the working time recording card and on the employee’s card with index T-2. These actions apply only to persons who have undergone official employment.

The form for filling out the application is not limited to strict limits, but must have certain writing rules:

  • the document is written on a sheet of A4 paper by hand or on a computer;
  • It is necessary to indicate the official in whose name the application is being submitted;
  • name of the enterprise;
  • name and position of the employee;
  • the subtitle “statement” is written;
  • the reason is briefly stated;
  • the dates of the desired period are indicated;
  • after everything is written the date of writing and a personal autograph.

Sample application for leave at your own expense:

Rest periods at your own expense

There are situations in which it is necessary to exceed the vacation during the year, so you have to take vacation without pay. This is necessary in order not to pay for downtime, which is provided for in Article 157 of the Labor Code of the Russian Federation.

The vacation period must be taken into account based on the employee’s actual length of service based on the calendar year.

According to Article 121 of the Labor Code, personnel employees are required to take into account:

  • The employee's length of service excluding days of absence without certain valid reasons;
  • Actual time worked;
  • Also taken into account are the days on which the employee was absent from work if there were valid reasons supported by documents, for example, a certificate from a medical institution.

Some clarifications

After the pensioner writes an application, the management is obliged to sign a document for the provision of rest. It is also erroneous to assume that the employer can recall from leave at his own expense. This opportunity applies only to employees who are on regular paid leave.

If the employee agrees to start working earlier, he needs to write a statement and then the remaining free days are used at the end of the working year. It is possible to terminate an employment contract with a working pensioner who is on unpaid leave in rare cases, for example, if the enterprise closes or the employer ceases production activities.

How many days of vacation are required?

Any employee has the right by law to paid leave, which is 28 days per year. Usually the employer provides it in parts, most often it is divided into two parts of fourteen days.

An employee who is an old-age pensioner can exercise his right to leave without pay.

According to the agreement, registration is possible at the request of the employee, however, there are restrictions; the standard maximum without additional benefits is no more than 14 calendar days.

Basic paid leave

All officially employed employees have the right to basic annual leave, regardless of whether the workplace is the main activity, part-time work, remote work, full-time or part-time. All the nuances are described in the Labor Code of the Russian Federation and are contained in Articles 93, 287 and 312. To go on annual paid leave, you must take into account the following conditions:

  1. You can go on vacation with monetary compensation only if you have worked in a permanent place for at least 6 months (from the date of acceptance). If you need “early” leave, you need to agree on the decision with management.
  2. Compliance with the vacation schedule is an important point. The boss has the right not to let you go on annual leave without giving a reason if you have chosen a time that is inappropriate for the general schedule.

Duration of basic paid leave

In most cases, the main vacation involves 28 non-working days (Article 115 of the Labor Code of the Russian Federation). But there are other categories of citizens who are granted a longer vacation period, in accordance with federal legislation No. 181-FZ of November 24, 1995:

  • citizens with disabilities (up to 30 days);
  • civil servants (30 days);
  • rescuers (up to 40 days);
  • court employees (from 30 to 48);
  • employees who have not reached the age of majority (31 days);
  • employees with a PhD degree (up to 36 days);
  • employees with a doctorate degree (up to 48 days);
  • employees of educational organizations (up to 56 days);
  • citizens involved in the production of chemical weapons (up to 56 days).

The procedure for providing additional days of rest

Initially, the employee is obliged to use the required compulsory leave that he currently has. The recommended date for submitting an application is two weeks before the desired vacation.

This is done so that the information can be recorded by human resources workers, as well as accounting. As for the additional days of vacation without pay, according to the rules, they can be granted after the mandatory ones.

It is provided by agreement of both parties and the employee must write a statement and then submit it to the manager for signature.

If the question concerns the preferential category, then there is a caveat: the recipient can request vacation days without pay at any time. No one has the right to deny pensioners additional leave; otherwise, you can contact the labor inspectorate.

If the manager refuses leave, and the employee has the right to it under the law, then the employee can go on leave without permission, the main thing is to keep a copy of the application with the date of completion.

If this is followed by dismissal, then reinstatement may be possible through legal action. In general, managers try not to violate the rights of pensioners, because they know that this is unlawful.

Additional leave with retention of monetary compensation

If you don't have enough points

This leave is not available to all categories of pensioners. You can get acquainted with the official data on the provision of unpaid leave to working pensioners in Article 116. Labor Code of the Russian Federation, as well as from the VNA of your enterprise. The internal regulations may specify additional categories of employees to whom this benefit applies. Typically, these categories include:

  • employees with irregular working hours (from 3 additional days to vacation);
  • people working in enterprises with hazardous substances;
  • workers performing work in difficult climatic conditions.

According to Art. 126 of the Labor Code of the Russian Federation, leave for working pensioners without pay can be replaced with compensation payments. For example, when summing up unused annual holidays, a corridor may be formed that exceeds more than 28 days; everything in excess can be paid by law.

Calculation of the amount of payments for working pensioners

Compensation calculation

To correctly determine the compensation that will be provided to the employee, certain actions are required:

  • determine the period of work for which compensation is provided; if the length of service is more than a year, the calculation is made for it, less - for the time worked;
  • calculate the amount that is usually paid for the period taken;
  • Now calculate the average amount earned per day and multiply by the number of days of paid leave, this way you will know the compensation due.

Vacation pay calculation

In order to correctly calculate the future pension leave of a working pensioner, it is necessary to take into account such points as the type of employment contract of the organization, the rate and duration of work in the institution. If you are familiar with these components, you can start calculating:

  1. Determine the salary, as well as all bonuses and incentive payments for the entire year.
  2. Calculate your total earnings for the year (consider all amounts minus income tax).
  3. Next, calculate the average earnings for 1 day (divide the total amount by 12 months).
  4. Now multiply the average income by the number of vacation days - you will find out your “vacation days”.
  5. If you have worked in this place for less than a year, perform the same steps, but for a shorter period.

Let's give an example. Let’s say a pensioner worked regularly for a calendar year. He is entitled to a vacation of 28 days. The employee's salary is 36,507 rubles per month, taking into account the deduction of income tax. For the New Year, the pensioner was given a bonus of 15,000 rubles and 7,300 incentive payments were added.

We find the amount of earnings for the year using the formula: monthly earnings × 12 (number of months worked) = total earnings. 36,507 × 12 = 438,084 rubles.

Now we add all additional funds (bonuses, incentives): 438,084 + 15,000 +7,300 = 460,384 rubles.

Knowing the total amount of earnings received for the year, we calculate the pensioner’s income per day using the following formula: (total earnings for the year ÷ 12) ÷ 29.3.

In this formula, 12 is the number of months, and 29.3 is the average number of days in a month.

Let's calculate: 460,384÷12÷29.3 = 1245.97 rubles.

Then multiply the resulting amount by the number of vacation days: 1245.97 × 28 = 34,887.16 rubles. Now you know the total amount of compensation.

Allotted money is paid no later than 3 days before the start of the vacation. In the event that an employee goes on vacation on holidays or weekends, these days are still taken into account, and money must be paid before they occur.

In what cases can an employer refuse leave?

Paid leave is provided to an employee based on the time worked from the date of entry to work and the approved schedule. In almost all cases, the employer is required to provide it to the employee. But if you hope to get vacation days contrary to the general schedule, then even the most loyal employer can refuse you - this is stated in Article 123 of the Labor Code of the Russian Federation, part 1-2 of Art. If you want to take a vacation with the required benefits, coordinate the time of your vacation with the planned schedule.

One of the benefits is the opportunity for a working pensioner to take additional leave without pay. If your approach to your boss with a request for another paid leave was unsuccessful, you can always take advantage of the privileges and take OBS of 14 days. The employer is obliged to provide such leave to a retired employee, regardless of the schedule. Providing transfers to the next year, much less monetary compensation for refusal of such a benefit, is not provided for by the legislation of our Motherland.

3 stages of obtaining legal leave

  1. Additional leave for working pensioners begins with writing and submitting an application to the personnel department.
  2. The next step will be to issue an appropriate order, in a personalized form with the index T-6. This document, which can be not only an order, but also a regular order, must indicate the initials, address, as well as the position and timing of the pensioner taking additional leave without pay of an administrative type. This order must be signed by the boss and the person who is going on vacation, otherwise all this may end in failure and he may ultimately be fired for absenteeism.
  3. Regarding the period of stay of an employee of retirement age on additional unpaid leave at his own expense, a mark must be made on the working time card, as well as on the employee’s personal card with index T-2.

How to write an application

The application procedure is quite simple; you must follow a simple algorithm:

  1. A working pensioner must complete a standard application form;
  2. Next, the application must be submitted to the immediate superior for signature;
  3. Afterwards, if the manager does not object, then the signatures of authorized persons are affixed;
  4. The final stage is registration of the document by HR department employees.

You can view a sample application by following this link.

See what circle of people are assigned a social pension and under what conditions and amounts. Who is entitled to maternity capital? Find it at the link.

Video about the right to additional days off without content

It makes sense to watch a video about what laws govern the issue of additional days off.

A huge number of retired people continue their working activities for as long as possible. In order to make the life of a modern pensioner a little easier, there are various privileges in the law. If you use our article and study information in official sources, you will be able to defend your rights and receive the required benefits within the established time frame.

Recommendations from experts regarding the content of the application

To avoid denial of additional leave, it is important to draw up the application correctly, taking into account all possible formalities.

The application must indicate:

  • Name of the organization in which the employee is registered;
  • Full name of the manager in whose name the employee writes the application;
  • In the application itself, it is important to indicate what type of leave is required, and it is also worth noting that the leave must be without pay;
  • Since a pensioner is a citizen who is included in a preferential category, it is necessary to note this, so it is worth mentioning. It is also important to attach a copy of your pension certificate as proof of your status;
  • The period of absence from work must be indicated;
  • At the end, the date of filling out the application and the employee’s signature are indicated.

It happens that the application is filled out without an end date, but this must be agreed with the employer. After the employee returns, the date is entered with the date of return to work.

How many additional days can you take according to the labor code?

  1. War veterans who have not terminated their employment contract and have insignia will receive at least 35 days annually.
  2. Pensioners on disability - 2 months.
  3. Persons working in the fire service - 10 days.
  4. Heroes of the USSR, Russian Federation, labor veterans can rest 21 days a year.
  5. Additional days for absence from work can be issued to anyone from the preferential category. They are taken either separately or immediately after compulsory leave, or are divided into periods throughout the year.

Article 128 of the Labor Code of the Russian Federation provides information on the legal regulation of vacations without payment of wages. The duration of absence from the workplace is discussed between the employee and the administration in the employment agreement. The time of this rest is not included in the working period and is not recorded in the work book. Workers do not lose their working position and place of work.

Leave cannot be unapproved for:

  1. Participants in hostilities - up to 35 days.
  2. Working pensioners - up to 14.
  3. Working disabled people - up to 2 months.
  4. Close relatives and life partners of employees who died in service - up to 2 weeks.
  5. Other groups of workers claiming this right.

For the most part, working pensioners are not provided with any benefits and must work the same as other employees, but they can quit without working at any time, or ask for additional unpaid leave without giving a reason, although in the latter case they can still negotiate with employer and justify your absence.

It should be remembered that there are no special privileges for working pensioners:

  • They cannot demand a reduction in working hours or additional paid days off.
  • Pensioners, along with other employees, may be required to work at night or with an irregular work schedule on a general basis.
  • Like most other categories of citizens, pensioners must undergo a probationary period when entering work, if required by the employer.

As for tax benefits, pensioners are exempt from personal income tax for certain types of income:

  • Monetary assistance provided by the manager.
  • Income from payments under private voluntary insurance contracts.
  • Pensions for WWII veterans, disabled people, according to length of service, upon reaching the age of incapacity.

Pensioners are reimbursed for the costs of certain types of medications, and they can also receive tax deductions in the following cases:

  • When purchasing vouchers to a sanatorium (fully or partially compensated).
  • Amounts transferred by employers to pay for rehabilitation equipment for their disabled employees.
  • Money and gifts received by WWII participants, if their value does not exceed 10,000 rubles. for the tax period.

In addition to labor and some tax benefits, pensioners are exempt from paying certain types of state fees and notarial acts. Those who have retired but continue to work in the Far North are entitled to compensation for the costs of round-trip tickets for recreation. For other categories of workers working in other regions, such conditions are not provided.

parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, authorities for control of the circulation of narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penitentiary system, killed or died as a result of injury, concussion or injury, received while performing the duties of military service (service), or as a result of an illness associated with military service (service) - up to 14 calendar days per year; (as amended by Federal Law dated July 2, 2013 N 157-FZ)

The only federal law that provides additional leave benefits for labor veterans is Federal Law dated January 9, 1997 N 5-FZ (as amended on July 2, 2013) “On the provision of social guarantees to Heroes of Socialist Labor and full holders of the Order of Labor Glory”

This state of affairs does not always suit workers, since determining the list of social support measures for labor veterans is entirely within the competence of the authorities of the country’s constituent entities, which is why labor preferences for them, including the right to annual unpaid leave, are far from established each region. That is why such an employee should refer to regional regulations before applying for additional leave.

As for the use of additional unpaid leave before dismissal, this possibility is provided for in Art. 127 of the Labor Code of the Russian Federation only in relation to annual paid leave. However, the law does not contain a direct prohibition on providing leave without pay in anticipation of dismissal - which means that the employer is free to allow the employee to take unpaid leave before terminating the employment relationship. In this case, the last working day will be considered the last day of unpaid leave.

Find out what: All KBK for individual entrepreneurs in 2020: table

Before considering the 10 most interesting situations, another employee was found in his place, whether he works for a year after graduation or. So, where the applicant works, but the refusal to provide such leave in connection with the death of the grandmother will be illegal. If there is a good reason, he can still receive most of the benefits to whom they are due.

There is an important nuance that should be taken into account when booking a vacation at your own expense. If an employee falls ill while there, the sick leave will not be paid. The only exception is when sick leave continues after the completion of unpaid leave. Then the employer will be required to pay for the certificate of incapacity for work.

If for some unexplained reason the boss refuses to sign the application, you can contact the organization’s dispute resolution commission, as well as the labor inspectorate and the court. Because in such a situation, the manager grossly violates the rights of the subordinate.

  • Annual regular - equals 28 calendar days. In regions with special climatic conditions, additional paid holidays are provided. Also, additional days of regular vacation are granted to employees who work irregular hours or work in conditions harmful to health. The employer may provide additional leave for working pensioners in a collective agreement or local regulations, according to Art. 116 Labor Code of the Russian Federation.
  • Vacation at your own expense, unpaid. Law, Art. 128 of the Labor Code of the Russian Federation, the number of days that a pensioner can take on demand is provided. Working pensioners have the right to take 14 days a year at their own expense. Disabled persons are provided with up to 60 days. The legislator granted the right to 35 additional days without pay to combat veterans. If you have the right to leave on two grounds at once, then these leaves are not cumulative. The death of a close relative entitles you to 5 days of vacation at your own expense.

Legislatively working pensioners have a number of benefits:

  1. Discrimination in employment on the basis of age is prohibited.
  2. A contract with a limited duration is a fixed-term one, which can be concluded with the consent of an employee of retirement age.
  3. The right to a shortened working day.
  4. Dismissal is possible upon application on the same day; there is no need to notify the employer two weeks in advance.
  5. Maintaining a job in the event of layoffs due to high qualifications.
  6. The right to pension leave for working pensioners without pay for up to 14 days a year.
  7. Pensioners from the northern regions receive a refund of the cost of tickets for travel to and from their holiday destination once every two years.
  8. There is no income tax charged on pensions, financial assistance, or other social benefits.
  9. Benefits for other tax deductions (property tax, land and transport taxes).

List of documents

To prepare for going on leave in this category, the pensioner is required to provide the following documents:

  1. Application to study the possibility of the employer providing such leave.
  2. The employee's passport indicating his permanent registration.
  3. Military ID, if we are talking about the retirement of a military personnel.
  4. Certificate of a recipient of benefits of one of the categories established by law.
  5. Certificate of the level of wages accrued to the employee at the time he was sent on vacation.
  6. Documents that can certify that a citizen has sufficient work experience.

What is this?

Additional leave without pay for a working pensioner is an additional preferential category that is entitled to a citizen in accordance with the provisions of the legislation currently in force. Often, the provision of additional leave to a working citizen who is on a pension is carried out on a large scale.

In some situations, the employer does not have the legal right to deny the recipient of such benefits their lawful use.

Such benefits, according to the current law, are available to persons who are supported by budgetary enterprises.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

+7 (499) 110-43-85 (Moscow)

+7 (812) 317-60-09 (Saint Petersburg)

8 (800) 222-69-48 (Regions)

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FREE !

In addition, according to the rules of the current legal provisions, the receipt of such leave requires the pensioner to report on the time that was granted to him.

Decor

Registration of leave for a period established with the pensioner requires compliance with the following procedure:

  1. Submission by a citizen of an application for his leave on leave in a pre-agreed form.
  2. All documents are provided that regulate the citizen’s legal right to be granted leave.
  3. The dates for receiving such leave are set, as well as the exact date of return from it.
  4. A resolution is adopted at the enterprise to assign leave to a citizen at his direct request.
  5. Regardless of the timing of the vacation assignment, the recipient may apply to receive the appropriate document in which the employer indicates the exact date of assignment for vacation and return from it.
  6. The vacation is considered fully completed when the citizen returns from it to his workplace.

Are you looking for an answer to the question: how are pensions recalculated for working pensioners? Then you should read the article provided at the link. If you decide to apply for a state pension in the event of the loss of a breadwinner, we advise you to read the article.

What are the requirements?

The requirements for recipients of leave in this category are as follows:

  1. The citizen's work experience is sufficient for assigning leave.
  2. Submitting an official application for leave to a pensioner.
  3. Providing a full set of documents necessary for obtaining leave.
  4. A citizen's stay at the legally established retirement age.
  5. Russian citizenship.
  6. Availability of a citizen’s registration confirmed by law at the place of his actual residence.
Rating
( 2 ratings, average 4.5 out of 5 )
Did you like the article? Share with friends:
Business guide