Dismissal of a pensioner: is it necessary to work for 14 days?

The labor legislation of our country specifically regulates the relationship between employers and employees with pensioner status. Such norms include a special procedure for dismissing people of retirement age.

Upon retirement, the employee has the right to terminate the employment contract with the employer from any date. But not always.

Let's figure out in what cases pensioners work 2 weeks upon dismissal; and when a pensioner quits without working, and such a requirement on the part of the employer is considered illegal.

What is 2-week work

When they talk about two-week compulsory work, they mean the norm from Part 1 of Statute. 80 TK. In accordance with the first part of this article, a specialist is obliged to warn his employer about the upcoming termination of the labor contract (employment contract) at least 2 weeks in advance. The calculation of this period begins not on the day the application is submitted, but from the next date.

Thus, when it comes to ordinary employees, 2 weeks of work is mandatory for them. But does a pensioner have to work off when dismissed? After all, this is a special category of workers.

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Do pensioners work 2 weeks upon dismissal?

Let’s say right away that working for a pensioner upon dismissal of his own free will is possible, but not always. According to Part 3 of Art. 80 of the Labor Code, if the reason for filing an application for termination of a labor contract is the impossibility of further work due to retirement, the organization is obliged to dismiss the citizen from the date from which he requests. But not in all cases.

Upon dismissal, a pensioner does not have to work for two weeks, when it comes to the initial termination of the employment relationship after retirement. For example, on November 14th a person is issued a pension certificate. On the same day (or later, but for the first time), the specialist submits an application addressed to his manager in which he asks for dismissal. The employee indicates “retirement” as the reason. Does a pensioner need to work off work upon dismissal?

Answer: no, in this situation, forced labor will be considered illegal. The employer is obliged to terminate the TD from the date indicated by the specialist in the application. But this procedure is only valid once. If in the future the pensioner decides to re-employ himself, dismissal will be carried out in the usual manner. How to prove whether primary or secondary termination of a TD takes place? It’s very simple: a record of dismissal due to retirement is made in the employee’s work book. This is what the HR manager needs to focus on.

Will benefits for working pensioners be abolished?

Today, it is not legal to deprive a working pensioner of his pension. Although previously it was proposed to limit these payments to those who earn more than a million rubles annually. If these innovations became legal, then the state budget would probably be replenished with 145 million rubles within three years due to a proportional reduction in expenses.

Find out if pensioners pay land tax in 2020.

When does pension payment stop and how can it be restored? Read the article.

The cost of a pension point for calculating a pension is possible.

The project of the Russian Ministry of Finance described above dates back to 2015. So far he has not gained approval. Although it cannot be ruled out that it will be reviewed again in the near future.

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 the reason for dismissal was retirement (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 for receiving a pension benefit;
Since the Labor Code of the Russian Federation does not provide for a time 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 deadline for 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.

Pensioner and work upon dismissal under labor law

The Ministry of Labor warns: pensioners do not have pay off upon dismissal!

Not every manager and HR specialist is aware that a pensioner and working off are two incompatible concepts. It remains open not only the question of whether pensioners need work-off upon dismissal, but also a number of others: can a working pensioner go on paid sick leave several times, is it possible to dismiss the pensioner’s chief accountant without work-off, or any other manager of retirement age, the second time when the pensioner resigns? does he need to work 14 days, etc.

Unlike personnel officers, older citizens, due to their age, do not understand even more points: should a working pensioner work for 2 weeks upon dismissal, how many times can he retire, in all cases is he exempt from the obligation to work, what situations are exceptions to the rule etc.

General provisions on working off upon dismissal of a pensioner

Article 80 of the Labor Code of the Russian Federation establishes the provision that a citizen who has reached retirement age has the right to work as much as he wishes.

The law protects the rights of all citizens to rest for health reasons. This is especially true for older people who, due to their age, cannot be healthy.

Important! According to the Labor Code of the Russian Federation, a citizen has the right to retire only once. In other words, if you are reinstated to work again, it will not be possible to quit again for this reason in order to avoid working off the job.

Other reasons for dismissing a pensioner without working off

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

Unfortunately, not all pensioners and personnel officers are aware that such a restriction applies, and we should not forget about it. It doesn’t matter at all where the pensioner previously retired and how long he worked there. The right to exemption from service is reserved for him only once.

The law establishes several formulations according to which a pensioner can be calculated on the day the application is written. Of course, it is best to indicate the reason “retirement,” but how a pensioner resigns is up to him to decide.

Other possible options for how to resign correctly are enshrined in Part 3 of Article 80 of the Labor Code of the Russian Federation:

the employee's spouse was transferred to work in another city or town;
reaching retirement age;
there is an urgent need to move, justified by documents;
the employee has been diagnosed with a serious illness and medical orders that prohibit him from continuing to work;
the head of the enterprise commits gross violations of the norms of the current Labor Code of the Russian Federation;
the pensioner needs to care for one of the family members or close relatives (the pensioner must have a medical certificate in hand).

Thus, termination of an employment contract with a beneficiary can be initiated by a statement indicating not only the fact of retirement, but also containing other reasons.

When is it permissible to dismiss a pensioner at the initiative of the employer?

Art. is important for our topic. 71, 81, 288 of the Labor Code of the Russian Federation, reflecting the grounds at the initiative of the employer:

dismissal from probation. This also applies to the category under consideration, although cases of such a citizen being tested are rare. Supervisor

person in connection with
;
liquidation of an enterprise, termination of individual entrepreneurs, downsizing;
insufficient qualifications established by certification;
change of owner (applies only to managers, deputies and chief accountants);
repeated failure to perform functions, if there is a reprimand or other disciplinary sanction;
a single gross violation: absenteeism, intoxication, disclosure of secrets, theft or damage to company property, violations of safety or labor protection standards, guilty acts of personnel servicing material assets, leading to loss of trust;
failure to prevent conflicts of interest;
knowingly false information about the financial situation, including regarding the family, if their provision is provided for by law;
immoral act by an employee performing educational functions;
unfounded decisions of management, chief accountant, which led to damage to the enterprise;
submission of false documentation when applying for a job;
conditions stipulated by the employment contract for the manager or executive body.

According to Art. 288 Labor Code of the Russian Federation

We will also separately describe another basis regulated by Art. 288 Labor Code: the procedure is allowed if the pensioner occupied a part-time position and is replaced by an employee for whom the work will be the main one. The employer notifies about this 2 weeks in advance. until the termination of the employment contract.

Rules for dismissal of a senior citizen and working off

Reaching retirement age and receiving a pension is not considered something shameful, and therefore is not a valid reason for deprivation of the right to work. This right is protected by labor legislation, so a pensioner at an enterprise is considered an ordinary employee with a general scope of rights and responsibilities.

Exception: public service, where an age limit may be established for certain categories of workers. The Labor Code provides several conditions for writing an application when dismissing a citizen of retirement age. In most cases, only one reason can be given for leaving work - retirement.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

If for some reason the employee indicates other circumstances for leaving, then management has every right to dismiss the pensioner with service. At some enterprises, you need to bring a copy of your pension certificate to the human resources department.

This is important to know: How is the monthly child care benefit calculated?

The procedure for terminating an employment relationship with a person of retirement age

The administration is obliged to accept the written application with or without confirmation, and then pay the person in accordance with the established procedure. The accounting department must accrue wages to the employee for all days worked and other payments required by the Labor Code of the Russian Federation.

Theoretically, there can be a verbal agreement between the employee and the administration on reduced or no work. In this case, how much the pensioner must work directly depends on the contract. In such a situation, the application must be written in a standard form.

Reaching retirement age as a reason for dismissal

The adopted rule on retirement age does not oblige the employer to say goodbye to the employee immediately upon reaching 55 (for women) and 60 (for men) years.

Pensioners are valuable personnel and the most experienced specialists in their field. Moreover, no one can deprive a person of the constitutional right of a citizen of the Russian Federation to work due to age discrimination.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

At the same time, the pensioner has every right to say goodbye to the enterprise due to retirement, which is a valid reason. Not accepting it and not paying the employee on the same day is illegal.

Grounds for the legal dismissal of a pensioner

Most often, employment relationships are terminated not at the request of the employee, but at the initiative of management. This happens for various reasons, but many managers do not know how to properly fire a pensioner legally. It is extremely difficult to do this without the consent of an elderly specialist, and it is much easier to negotiate a compromise with the employee and ask him to write a statement of his own free will.

The legal dismissal of a pensioner can be made:

The most optimal type of termination of an employment contract is a compromise between the employer and the employee - an agreement of the parties. In this case, the employer and the pensioner make mutual concessions on the specifics of dismissal that suit both persons.

Grounds for dismissal

According to the law, retired and pre-retirement workers can be fired in the following cases:

Regulatory legal act	Base
Art. 80 Labor Code of the Russian Federation	At the employee's own request
Art. 81 Labor Code of the Russian Federation	At the initiative of the employer (strictly in certain situations)
Art. 78 Labor Code of the Russian Federation	By agreement of the parties

Each of the procedures, depending on the basis, has its own characteristics, which all employers need to know about.

Important! An employee reaching retirement age is not grounds for dismissal. In the absence of violations on his part, termination of the employment contract is allowed only at the request of the pensioner. Otherwise, it can continue to work.

From 2020, pensions for working pensioners will not be indexed. Instead, every year on August 1, the IPC is recalculated - coefficients that affect the amount of state benefits. The amount is determined based on the amount of insurance contributions transferred by the employer. The cost of one such point increases every year in accordance with the rate of inflation and from 01/01/2019 is 87.24 rubles, and in 2020 it will be 93 rubles. (Federal Law No. 350 dated October 3, 2018). For example, if on the date of retirement a citizen had 100 IPC, and when recalculated a year later there are already 110 IPC, the benefit will be calculated from the last value.

Termination of the contract at your own request

According to Art. 80 of the Labor Code of the Russian Federation, a future pensioner can resign at his own request without working for two weeks. To do this, it is enough to submit a letter of resignation to the manager indicating a specific date.

The step-by-step procedure for terminating an employment contract simultaneously with retirement is as follows:

A citizen, one month before the date of registration of pension provision (birthday), submits documents to the Pension Fund for the assignment of a pension. You can do this later, but at least 10 working days before the right to a pension arises.
After this, a letter of resignation is drawn up indicating a specific date. The pensioner himself has the right to choose it.
The employer reads the application, puts a resolution on it and issues a dismissal order. The employee must be familiarized with the order against signature.
The head or employee of the HR department fills out a work book. Art. 80 Labor Code of the Russian Federation.
On the last day of work, a full settlement is made with the resigning employee: the balance of wages, unpaid vacation, etc. are transferred.
On the day of dismissal, the employee is given all the documents: work book, diploma, accounting certificates.

Expert commentary

Platonov Alexander

Lawyer

The accrual of the pension begins from the day the right to it arises. The amount of the benefit depends on the type. If you have sufficient insurance experience, it is more cost-effective to apply for an insurance pension. In the complete absence of this, social assistance is prescribed.

At the initiative of the employer

Art. 81 defines a list of grounds on which employees can be dismissed at the request of the manager:

Base	Explanation
Liquidation of an enterprise, termination of the activities of an individual entrepreneur	In this case, the employer pays money to all employees, having previously notified them of the closure of the organization.
By staff reduction	When selecting employees for retention, preference is given to employees with high qualifications and work experience, as well as those with children and other dependents. The rest may be offered alternative jobs.
Inconsistency with the position held	Established by the certification commission by passing a qualifying exam or test
Changing Organization Ownership	Only the chief accountant, director and his deputies are subject to dismissal
Systematic failure by an employee to comply with labor discipline or duties	Labor responsibilities are regulated by the job description, and the work regime is regulated by internal regulations. Dismissal on this basis is allowed only if there is an outstanding disciplinary sanction - a reprimand or reprimand
One-time gross violation	This means absenteeism (absence from the workplace for more than 4 hours in a row without a good reason), being at work under the influence of alcohol or drugs, disclosing state or commercial secrets, committing theft in the workplace, as well as violating labor safety rules, if this entailed or could entail grave consequences. This concept includes the commission of an immoral act by an employee performing educational functions; providing false information during employment; loss of trust by the employer if the employee works with money or other valuables

How to fire an employee for violation: step-by-step instructions

It is important to take into account that for unjustified termination of a contract with an employee of pre-retirement age, liability is provided under Art. 144.1 of the Criminal Code of the Russian Federation, implying a fine of up to 200,000 rubles. or compulsory work up to 300 hours. That is why the dismissal procedure at the request of the employer must be carried out in compliance with all requirements.

Let's consider an example of termination due to an employee being drunk at the workplace:

The employer identifies the fact of violation independently or with the help of other employees: memos, oral information, etc.
The violation is recorded in an act signed by two witnesses. A drunk employee undergoes a medical examination. If the enterprise has a medical worker who controls the admission of other employees to work, the examination is carried out locally. If the offender refuses to take tests, a corresponding report is drawn up.
The director requests an explanatory note from his subordinate. The refusal to give explanations is recorded in the act.
The manager issues a dismissal order, which the dismissed person reads under signature. Upon his request, a copy of the order is issued. If you refuse to sign, a mark is placed on the document.
The last day of work is the day the violation is discovered. Before the order is issued, the employer has the right to remove the subordinate from his position; these days are not paid. Upon dismissal, a full settlement is made with the employee, and all certificates are issued.

Important! Dismissal must be formalized correctly, in accordance with Art. 81.1 Labor Code of the Russian Federation. The slightest flaw can contribute to reinstatement if the employee decides to appeal the termination of the employment contract within a month through the court.

It is recommended that you preserve all video and audio recordings, as well as witness statements. They may be useful when considering a case in court for the defendant employer if the dismissed person decides to appeal the termination of the employment relationship.

Rights of a pensioner under the Labor Law

The Labor Code of the Russian Federation is the main document regulating labor relations on the territory of Russia, which fully explains many issues: upon dismissal, do pensioners need to work 2 weeks, determines the legal procedure for the calculation procedure, the grounds for forced dismissal by the employer of a specialist, explains whether work is required upon re-dismissal, etc.

To further understand the issue of working off after dismissal, you should familiarize yourself with the full list of rights of older citizens in their workplace. Rights of working citizens upon reaching retirement age:

according to the prohibition of discrimination against a person on the basis of age, the pensioner is guaranteed full protection from unlawful actions of management;
no obligation to work out the deadline for finding a replacement and dismissal of one’s own free will on the same day;
if professional suitability is met, the employee has the right to continue his work activity;
payment for sick leave and vacation on a general basis;
prohibition of refusal of employment;
if you want to work part-time, set a part-time rate;
additional social and tax benefits;
the advantage of staying on staff due to layoffs;
accrual of earned pension without restrictions.

The above list is not exhaustive. The regulatory documents of the organization in which the senior citizen works may provide for other rights and privileges of pensioners.

Refusal of the employer to pay a pensioner without working off

Unfortunately, it happens that unpleasant situations occur when the administration and the personnel department refuse to dismiss a working pensioner without working for a period of 14 days.

There are several ways to get out of this situation:

submit a letter of resignation and go on paid leave for 14 days, but in this case the final payment will be made after returning from vacation;
write a second application, one of which will be for dismissal, and the second for receiving unpaid leave (according to Article 128 of the Labor Code of the Russian Federation, the right to go on such leave once a year is assigned to every citizen);
submit an application for payment and open sick leave for a period of 14 days or more, after which the pensioner can receive wages and money accrued for sick leave.

In addition, the beneficiary can seek help from the Federal Labor Inspectorate or a judicial authority to protect their rights established by the law of the Russian Federation.

How does a working retiree get fired?

The reasons are identical with other employees, the strict procedure for dismissing pensioners, the entire process and grounds are determined by law.

It is important to know that there has recently been some change in the legislative framework.

Important! For working pensioners, from January 1, 2020, the annual increase in pension amount was cancelled.

Indexing is suspended until the end of employment.

After the employee resigns, a new calculation will be made to him, and the amount of pension accruals will be indexed in full for the entire previous period.

Any person sooner or later decides to retire; the reasons for dismissal are varied, but, as a rule, it is deterioration in health.

Dismissal of a pensioner of his own free will occurs as follows. To terminate an employment contract, an employee submits a written application outlining a request for dismissal.

The wording “at one’s own request” is sufficient, and the mark “pensioner” makes it possible to leave on any day without working.

The person resigning signs a bilateral agreement with the employer to terminate legal relations. It is absolutely not necessary to put a note “in connection with retirement” in the work book.

Upon dismissal, the former employee is given a full payment, a 2-NDFL certificate and other documentation.

Forcibly dismissing working pensioners is possible only in accordance with Art. 81 of the Labor Code of the Russian Federation, which provides a strict list of reasons for terminating legal relations with an employee.

Grounds giving the employer the right to dismiss:

Liquidation of the employer's legal entity
Reduction of staff
Truancy
Insufficient qualifications
Repeated failure to perform duties according to job description without good reason
Violation of confidentiality agreement
Committing embezzlement, theft, intentional damage to property, etc.

A pensioner can be transferred to a simpler job within the organization, but only with the consent of the employee in accordance with his application.

The transfer to a new location must be formalized in accordance with the contract.

A reduction in staff can also lead to the dismissal of a pensioner.

Some companies are trying to get rid of retirees under the pretext of layoffs, but certain rules have been established for this procedure.

The Directorate issues an order justifying staffing optimization, and changes are made to the staffing table.

At the stage of selecting candidates for dismissal, a commission is created that analyzes lists of employees, applying the rules on the right of preferential retention of employees with the highest qualifications, as well as taking into account additional guarantees provided for in the collective and labor agreements.

After 2 months and in the absence of other vacant positions, the pensioner resigns. Cash settlement is made, compensation and severance pay are paid.

Pitfalls of the Labor Code of the Russian Federation in the field of dismissal of pensioners

According to current legislation, an employer does not have the right to fire a pensioner if he does not want to leave.

The law does not exempt the administration from responsibility, even if officials do not know whether pensioners need work upon dismissal, the correct procedure for dismissing these citizens, and the existence of a ban on refusal to hire. Such actions may be regarded as age discrimination.

In this case, the employer can act cunningly and create circumstances under which he can pay a specialist:

conducting certification for suitability for the position held, which the employee does not pass;
To reduce wage and tax costs, an employer can transfer an employee to a part-time position.

Such tricks will only be effective if, after conducting an unscheduled certification that does not correspond to the schedule, the employee refuses to undergo it. As for forced transfer to part-time work, the pensioner also has the right to refuse such a transfer.

Please note : the listed actions carried out by the administration without the consent of an employee of retirement age are considered illegal.

Legitimate reasons for dismissal of pensioners

By law, employers cannot freely dispose of their own staff. The content of the regulations indicates the grounds on which a pensioner can be deprived of his job:

1. Reaching an agreement when a worker leaves on his own – Article 80.

2. Reduction caused by the initiative of the boss. 71, 81 articles.

3. Instead of one position, the manager offered the employee another position - dismissal along with transfer.

4. The retired employee violated established safety rules or provisions of the employment agreement. Missed work, carried out fraudulent activities - such reasons are considered sufficient grounds.

5. The parties reached mutual agreement, which resulted in the dismissal of the citizen - Article 78.

6. The boss has the right to freely expel a subordinate if the latter’s health has deteriorated and work activity is contraindicated for him by doctors.

7. The owner of the enterprise has changed - then employees are not just kicked out, they can be transferred to another, similar organization.

8. A retired employee, being a director, made a decision that was dangerous for the company, which led to a number of unpleasant consequences.

9. When applying for employment, the citizen initially provided incorrect (incomplete) data.

10. Liquidation of the entire company.

Even when planning a general staff reduction, an employer cannot fire people based on their age. First, you should kick out careless employees.

Why even work 2 weeks when you quit?

When answering the question - when a pensioner quits his job, should he work for 2 weeks, it is useful, first of all, to understand what kind of two-week work we are talking about in principle. Isn't it possible to just quit without any thought of working out?

In general, the employee does not have such privileges. Article 80 of the Labor Code of the Russian Federation requires the employee who initiated the termination of the contract with the employer to notify the latter about this no later than 14 days before the desired day of dismissal.

However, dismissal of a pensioner without service is an exception to the rule. But it also applies only in certain cases. That is, there are possible scenarios in which:

a citizen, using privileges, does not work for 14 days (more precisely, he does not have the obligation to warn the employer about his desire to terminate the contract in compliance with this period);
Service upon dismissal of a pensioner is still required.

This is important to know: Compensation for unused vacation: taxation 2020

Let's take a closer look at them.

Summary “Q&A”

Does a pensioner work 2 weeks upon dismissal?

he resigns on the grounds that he is entering a well-deserved retirement (and indicates this in the application for termination of the contract), and applies this basis for the first time;
he still has “unfilled” vacation days.

The answer is yes (unless otherwise specified by agreement between the employer and employee), if:

the person does not indicate in his resignation letter that he is stopping work due to retirement;
after dismissal on appropriate grounds, the person is employed again (no matter with the same employer or with another), and then initiates termination of the contract.

How can a pensioner resign without working off and complying with all formalities?

The most important thing to do is to indicate in the application for termination of the contract that the dismissal occurs due to retirement. You can refer to Article 80 of the Labor Code of the Russian Federation. The employer will then make the necessary entries in the work book - unless otherwise agreed.

Is it possible for a pensioner to resign without service (if it is still required) by agreement with the employer?

Yes, this right is given to any employee (with the caveat that this issue is not regulated in any way by law). And if service is not really required, then the employer, without particularly thinking about whether pensioners work for two weeks upon dismissal, can meet the person halfway and not insist on recording in the work book that the reason for dismissal is pension. Perhaps a person will have a reason to exercise this privilege later, when it is more necessary.

How to correctly write a resignation letter for a pensioner

Although pensioners belong to a socially protected category of the population, from the point of view of the Labor Code, this is not the case. The only advantage of people who have reached retirement age is the ability to quit without working for two weeks.

As already mentioned, the process of dismissing a pensioner is no different from the procedure for terminating an employment contract with another employee. First of all, the pensioner must submit an application expressing a desire to end his working career.

The application form is considered free, but you must adhere to the general form of such documents. In the upper right corner there should be information about the addressee (the manager in whose name the petition is written) and information about the retiring pensioner (position, last name, first name, patronymic).

After that by . And then, on a new line, the text itself.

An application for retirement must contain the mandatory wording: “I ask to be dismissed” or “I notify of my intention to terminate the employment contract in connection with retirement.” The text should indicate the date when the pensioner wants to stop working.

This right can be exercised once, so the reason for dismissal must be indicated in the work book. If in the future the pensioner returns to work, he will resign on a general basis: by notifying the employer 2 weeks in advance.

After the text of the resignation letter, the date of its writing and the signature of the person resigning are indicated. We provided several examples of statements in the article.

Dismissal of a pensioner: is it necessary to work for 14 days? Law, requirements, rules and recommendations

Dismissal is a process that brings great inconvenience to many employers. And not related to the search for new personnel. Not at all. Upon dismissal, responsibility comes, which falls entirely on the management. As a rule, failure to comply with established standards entails administrative or criminal liability. The most questions arise when a pensioner is dismissed. Does such a person need to work 14 days? Or is it just enough to write a statement and leave? All the features and nuances of this issue will be discussed further!

Rules for dismissal of a senior citizen and working off

The procedure for terminating an employment relationship with a person of retirement age

Reaching retirement age as a reason for dismissal

The adopted rule on retirement age does not oblige the employer to say goodbye to the employee immediately upon reaching 55 (for women) and 60 (for men) years.

At the same time, the pensioner has every right to say goodbye to the enterprise due to retirement, which is a valid reason. Not accepting it and not paying the employee on the same day is illegal.

Grounds for the legal dismissal of a pensioner

The legal dismissal of a pensioner can be made:

Dismissal procedure

The procedure for dismissing a pensioner at his own request in 2020 is regulated by general legal acts

in the field of labor legislation.

This procedure involves submitting an application to the HR department addressed to the manager. This document will serve as the basis for preparing a dismissal order.

, which in turn obliges the accounting department to make all payments due to the resigning employee.
There are no special requirements for the application, so it is written in a free style
. The main thing is to indicate the reason for dismissal - retirement or reaching retirement age.

Such payments include:

The actual wages due to the worker for all time worked as a whole.
Payments for vacation days that the employee did not manage to use during working hours.
Other payments that may be provided for in local regulations of the enterprise.

Upon signature, the employee must be familiar with the order. The same procedure is provided for issuing a work book, the movement of which is recorded in a special journal.

After documenting the documents and familiarizing the employee with them, he is given a work book and other documents upon his request.

«Article 84.1 of the Labor Code of the Russian Federation
. General procedure for registering termination of an employment contract
Termination of an employment contract is formalized by order
(by order) of the employer.
The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction).
The day of termination of the employment contract in all cases is the last day
the employee’s work, with the exception of cases where the employee did not actually work, but in accordance with this Code or other federal law, he retained his place of work (position).
On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code
. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.
An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law.
If it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear
for a work book or agree to send it by mail.
From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph “a” of paragraph 6 of part one of Article 81
or
paragraph 4 of part one of Article 83 of this Code
, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy or until the end of maternity leave in accordance with
part two of Article 261 of this Code
. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.”

Eternal beneficiaries

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

To be honest, it’s impossible to give a definite answer. After all, everywhere, in addition to the rules established by law, there are some unspoken foundations. Therefore, everything is individual. But if we talk about what the law says regarding the dismissal of older people, then the situation changes radically, and some specifics appear. But with its own characteristics. In general, in our current issue, older people have their own benefits. Which ones exactly? What are they? And when can they act?

I'm my own boss

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

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The thing is that older people can set their own dismissal date. But they must notify the manager at least 24 hours in advance. That is, today you announced your desire, and tomorrow you quit. Nothing complicated.

It turns out that no work is needed. Not 2 weeks, not 2 days. Older employees shouldn't be working at all, if you think about it. Therefore, when finding employment, they are given some freedom of action. And it also applies to dismissal. But everything is not as simple as it seems.

Feature of the process

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

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In order for the benefits of a senior citizen to apply, one small condition will have to be met. Namely, service is not required when dismissal occurs for the first time after reaching retirement age. If an older person has already changed jobs several times, then he will have to work for the prescribed 2 weeks, just like everyone else. No exceptions. Unless the employer himself makes an allowance taking into account the age of the subordinate.

Prohibitions

Despite all the possible ways to dismiss employees at the initiative of the employer, special attention should be paid to legal prohibitions when dismissing pensioners. Such prohibitions include:

impossibility of dismissal based on the article of inadequacy of the position held without a mandatory assessment by the certification commission;
the impossibility of dismissing pensioners or any other employees without good reason;
dismissal by agreement of the parties without agreement with the terms of the deal from the employees.

Thus, if an employee is fired illegally, then he has every right not only to appeal the employer’s actions in this regard, but also to receive the compensation due, as well as to be reinstated in the workplace through the court.

Application in advance

But there are still some features of the process. For example, an employee will soon reach retirement age. He, not yet in pensioner status, writes a letter of resignation. Moreover, it indicates the period following the birthday. How does a pensioner’s dismissal occur in such a situation? Do I have to work 14 days?

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

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

Liquidation

Rarely, there are situations in which a company is liquidated. Accordingly, all employees will be dismissed. And regardless of age. How, in this case, will the dismissal of a pensioner be “activated”? Do I have to work 14 days?

It's hard to believe, but no. And it doesn’t matter whether the elderly person quits for the first time or not. When a corporation is liquidated, no one works out the allotted time. Therefore, this rule will also have to be remembered. It doesn't come into force very often, but it does happen.

Clarifications

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

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

When is training needed?

It is already clear that pensioners are often not required to do any work. But when is it needed? If you think about all of the above, then Article 80 of the Labor Code will apply when the pensioner has already resigned. That is, if after reaching retirement age you decide to leave your employer for the second time.

In this case, you will have to work without the benefits provided to older people. True, there are some features that will help you avoid the required work. How can you get rid of two weeks of work upon dismissal?

First, you can take a vacation. And before him write a letter of resignation. Then you won’t have to work out the allotted time. It is enough to make sure that it falls on your vacation.

Secondly, taking sick leave is a good method. An employee, and not only a pensioner, has the right to “get sick” after writing a letter of resignation. So keep that in mind.

In general, in practice, few people will require pensioners to work 2 weeks. Even if it is required by law. Elderly people are allowed to retire whenever they wish. The main thing is to indicate in the application the reason for leaving. Do I have to work 2 weeks upon dismissal? For a pensioner - no, but for the rest - yes.

○ What the law says about the dismissal of pensioners:

✔ Dismissal at the initiative of the employer.

Article 81 of the Labor Code of the Russian Federation establishes an exhaustive list of reasons for the dismissal of a pensioner, like any other employee, at the request of the employer. This list is not subject to broad interpretation. Moreover, the legislator has currently established very severe administrative measures if an employer discriminates against employees based on gender, age, religion and other grounds.

✔ Dismissal at your own request.

As already discussed above, a pensioner has the right, upon dismissal on his own initiative, to resign without working out the 2-week period established by law. A full settlement must be made with him, including severance pay, on the date indicated in the application as the date of dismissal, and a work book must be issued.

✔ Dismissal due to staff reduction.

When staffing is reduced, as Art. 179 of the Labor Code of the Russian Federation, the employer is obliged to give preference to employees with higher qualifications, labor productivity and other qualities required for a given position. Reference to age, health status (if this does not interfere with the full performance of work duties) are unlawful, and dismissal is illegal.

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