The size of pension accruals for citizens of our country is quite small, so many try to find one or another part-time job so as not to be left in poverty, making ends meet. Due to the fact that the legislator provides pensioners with certain state old-age payments and gives them special advantages over the younger population; in labor legislation they are a “special” category of workers to whom employers must provide certain privileges, which we will discuss below. Dismissal of a pensioner at his own request without service is a common procedure, the legality of which is determined by compliance with all the requirements established by the legislator. However, one can often encounter situations where the termination of the employment relationship of an employer with an employee of retirement age is carried out allegedly on the personal initiative of the latter, but in fact, the coercion of the authorities is behind such a decision.
In order not to become a “victim” of an unscrupulous employer, each pensioner should study in advance the provisions of the Labor Code that regulate his age category and have an idea of how to protect his own rights. In addition, the legislator provides senior citizens with certain advantages over other employees, which can be taken advantage of during their working life. We will talk about exactly what rights working pensioners are entitled to in the next section of the article.
Labor rights of retired workers
Despite reaching retirement age, every citizen has the legal right to continue his work activity if this is facilitated by the appropriate level of health and personal desire of the person. Being on the staff of a particular company, pensioners have the same labor rights as ordinary employees, and they can take advantage of additional benefits that are specified in the norms of the Labor Code of the Russian Federation:
- The inability to terminate an employment contract with a pensioner due to his age category, that is, a ban on so-called age discrimination;
- The opportunity to appeal dismissal that occurred under duress by the employer;
- Granting the right to combine two jobs;
- A ban on refusal of employment, if the pensioner has all the necessary requirements and characteristics for the candidate;
- Providing financial benefits for the period of temporary disability;
- Possibility to choose a part-time/weekly schedule;
- The presence of a preemptive right to continue working in the company at the time of staff reduction. This right is determined on the basis of the pensioner’s many years of professional experience and high degree of qualification, which will allow him to more efficiently perform the labor functions assigned to him;
- The opportunity to take advantage of an annual paid vacation period, as well as a two-week vacation taken at your own expense;
- The ability to terminate the employment relationship with the employer in one day, without going through a period of compulsory service;
- The opportunity to take advantage of preferential benefits specified in the individual/collective agreement;
- The right to receive the full amount of pension accruals, regardless of the amount of earnings;
- Opportunity to take advantage of additional benefits provided by the state.
As you can see, the list of labor rights of older citizens is quite large, and the ability to use them and defend them before the employer will help to avoid conflict situations involving third authorities, for example, the court.
legal information
In the Russian Federation, all labor relations are regulated by the Labor Code and certain provisions of the Federal Law:
- if the issue of dismissal of a pensioner arises, then the main instrument in this case will be Article 80 of the Labor Code of the Russian Federation. This paragraph sets out clear requirements for which group of citizens can resign at their own request without mandatory two-week service;
- if controversial situations arise, for example, when a pensioner resigns due to reaching retirement age, and the employer refuses to dismiss him on the day of filing the relevant application or indicates mandatory service. The provisions on working hours are specified in paragraph 3 of Article 80 of the Labor Code of the Russian Federation.
ATTENTION !!! The clause clearly states the requirement that if an employee resigns due to reaching retirement age, he must be paid in one day if an application is submitted to management. If a pensioner resigns after having passed the retirement age threshold, then compulsory service in this case is legal, but its period is 3 days. It is worth noting that the employer can cancel this provision if an appropriate agreement is reached between him and the employee.
The procedure for dismissing a pensioner at his own request without working out
The dismissal of workers of retirement age occurs according to similar rules as the termination of an employment contract with other employees.
The only exception is the mandatory two-week period of service, which does not apply to persons wishing to leave the organization “due to retirement.”
This advantage is provided for by the provisions of labor legislation, along with the ability to apply for cancellation of an employment contract even during periods of illness or while on vacation. However, in practice, there are cases when employers offer employees the opportunity to stay for at least two more weeks until a new candidate is selected for the vacant position. If the decision is made by the pensioner on a voluntary basis, and not under coercion, then this option of working off is completely legal.
If a retired employee has previously terminated his employment relationship with another employer due to reaching retirement age, and a note about this fact is already in the person’s work book, then if he is fired again for a similar reason, the two-week working period will not be canceled. In this case, the citizen will need to personally agree with his superiors about the possibility of leaving in one day.
The procedure for terminating cooperation at the personal request of an employee of retirement age is as follows:
- Filling out a resignation letter, which should indicate the reason for the breakup and the specific date of leaving the company;
- Sending the application to the boss against signature, or handing it over to HR department specialists, who will register the document in a special journal of the organization, and then hand it over to the boss for signature;
- After the document is certified by the manager’s signature, an Order is issued to terminate the employment contract with the employee, which serves as the basis for further preparation of accompanying documentation and calculation of payments due to the pensioner on the day of dismissal;
- Making an entry in the employee’s work book, which will contain information about the reason for the breakdown of the working relationship; as a rule, the wording is indicated: “in connection with retirement”, as well as the date of dismissal. The signatures of the personnel specialist and the owner of the work record are affixed to the entry;
- On the day of dismissal, the pensioner is given the corresponding issued Order against signature, and is given a work book, some certificates and documents requested by the citizen from the employer, and the due cash payments.
Intentional violation by an employer of the procedure for dismissing a pensioner, or forcing a person to undergo work service, is an unlawful act. Reporting this fact to the Labor Inspectorate will result in the imposition of fines on the employer in the amount of:
- 1-5 thousand rubles – for individual entrepreneurs and representatives of the organization’s management;
- 30-50 thousand rubles – for Legal entities.
How to make an application
The following points must be indicated in the application for voluntary dismissal without service:
- in the header of the document you must indicate the name of the organization and the full name of the head of the enterprise;
- then the title is written and below is the full name of the working pensioner and his position at the enterprise;
- then a letter of resignation is written;
- At the end of the document you must indicate the date and personal signature.
This is what a sample application looks like. It is necessary to ask an employee of the HR department (personnel management) to stamp the incoming message on the document. This is necessary if controversial issues arise.
Filling out an application for dismissal of a pensioner at his own request without working off
To notify the head of the organization about the decision to terminate the employment contract, the pensioner should write a corresponding statement. There is no standard document form, so an employee can use a form developed directly by the organization, or fill out an application at his own discretion. The document can be provided to the employer either in printed form or handwritten, but in any case, the applicant must put his personal signature below.
As a rule, the application is filled out on an A-4 sheet of paper and is divided into two parts. The header of the application should indicate:
- Name of the hiring company with all details;
- Personal information of the boss to whom the document is sent;
- Personal data of a pensioner who wishes to cancel his employment relationship.
The text of the document must contain a request to terminate the contract, the reason for this decision: “in connection with retirement” or other wording, as well as a specific date for the end of cooperation. In case of initial dismissal due to this circumstance, the employer will be obliged to release the employee exactly on the day specified in the application.
In order for the employee to keep evidence of the transfer of the application for dismissal to the boss or HR specialist, he should fill out the document in two copies, one of which should be kept with him, but having it endorsed in advance with the signature of the receiving party and setting the date of transfer of the copy.
How is a pensioner different from an ordinary employee?
Pensioners have three small privileges:
- The right to leave without pay for a period of up to 14 calendar days under Art. 128 TK.
- The right to medical examination is 2 days annually (for ordinary employees - one day every 3 years). The employee agrees on the selected days with the employer, and then writes a statement. The employer must let the employee go and pay the average salary for the absence. For refusal, employers are fined: an official or entrepreneur for 1000-5000 rubles, an organization - for 30,000-50,000 rubles.
- Possibility to quit without working for two weeks. If an employee indicates in the application that he is leaving due to retirement, he can immediately stop working and ask the employer to pay him back by a certain date.
In all other respects, the rights of pensioners and all other employees are the same
Pre-retirement people
Please note that during the 2021 pension reform, a category of workers with a special status appeared - pre-retirees. This is the name given to people who have the right to retire within the next five years.
If you dismiss such an employee for violations, this will result in a fine of up to 200,000 rubles or mandatory work under Art. 144.1 of the Criminal Code of the Russian Federation. There will be a similar punishment if you refuse to hire a pre-retirement person because of his age, and not because of his professional qualities.
Order to terminate an employment contract with a pensioner
An order to cancel an employer’s employment relationship with any employee is the main administrative document, on the basis of which specialists from the HR and accounting departments begin to prepare the necessary documentation and calculate cash accruals. The Order itself is issued after receiving a statement from a specific employee with a desire to sever the employment relationship.
An organization can develop its own form for an Order to dismiss a worker, however, most often they resort to using a template in the T-8 form approved by the State. Committee of the Russian Federation on Statistics. The main requirement that must be met when filling out the document is to enter the necessary data into it, and more specifically:
- Name of the company where the Order is issued;
- OKPO code;
- Individual number of the administrative document, as well as the date of its approval;
- The date of completion of cooperation with a person of retirement age, which he indicated in his own application;
- Personal data of the resigning employee, his position, as well as his structural unit;
- The grounds for termination of the employment contract indicated by the pensioner;
- The position of the head of the enterprise, opposite which his personal signature is affixed;
- Personal signature of a person of retirement age who wishes to leave their place of employment.
Terms for terminating an employment contract with a person of retirement age
Senior citizens resigning due to reaching retirement age must notify their supervisor of their resignation 14 days in advance. The need for a pensioner to undergo two weeks of work is established based on the entry in the employment document from the previous employer. If the note contains the wording “in connection with retirement” and not “at one’s own request”, then it will not be possible to avoid service; the only way to leave the organization one day may be an individual agreement between the pensioner and his supervisor.
The two-week work period is established by the legislator for employees holding a permanent position. However, the norms of the Labor Code of the Russian Federation also provide for a three-day working period intended for:
- Workers accepted into the organization's staff under the condition of passing a probationary period, during which they leave the company;
- Citizens with whom a fixed-term employment contract has been concluded, lasting no more than 90 days;
- A pensioner employed for the period of seasonal work.
The dismissal of a citizen holding a leadership position due to retirement can be carried out within a month. This is due to the transfer of all material assets and secret documents to the new boss. Without this procedure, the financially responsible person will not be able to leave the organization. A similar period of termination of an employment contract applies to coaching staff or professional athletes.
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Is it possible to quit without working for two weeks?
According to Labor Law, a working pensioner has the right to resign at any time. He is considered a citizen of retirement age and therefore has the right to leave work at his own request at any time.
At the same time, a pensioner, unlike other employees, can refuse to work for a period of 14 days before dismissal.
He will not be subject to sanctions or penalties, and the manager cannot detain him at work after writing a statement.
Important! A pensioner can refuse to work two weeks only if he continues to work after retirement.
If he gets a job after retirement, and it doesn’t matter whether he works in the same or another organization, then he loses the right not to work for two weeks.
This means that a working pensioner who started working again after taking a well-deserved rest falls under the general rules of Labor legislation and is required to work for 14 days from the date of writing the application.
Only then can you quit and get paid.
Can an employer fire a working pensioner without his consent?
Payments and compensations due to a working pensioner upon dismissal
The last, but no less important stage in completing the cooperation is the payment of the pensioner on the day of dismissal. Each employer is obliged to provide subordinates who have decided to terminate the relationship with a certain amount of money, which includes the following types of transfers:
- The citizen’s salary, which the employer has not yet managed to pay for the last worked period;
- Material payments due to a person in return for a vacation period (or several periods) that he did not manage to take advantage of in the process of performing labor functions in this company;
- Various bonuses that are provided for in an employment or collective agreement upon an employee’s retirement;
- Other bonuses for conscientious long-term work that the employer can assign to an employee on his own initiative.
Financial transfers must be made on the day the citizen is dismissed. As a rule, the transfer is made to the person’s bank card, but if it is more convenient for the pensioner to receive cash, the employer can accommodate the payment. In case of non-compliance with payment deadlines, the head of the company will be obliged to transfer a penalty to the person for each day of illegal delay in transfers.
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