Labor Code of the Russian Federation 2021 in connection with retirement, Article 81

Labor Code of the Russian Federation 2021 in connection with retirement, Article 81

1. there is the possibility of dismissal on one’s own initiative without mandatory service;
2. receiving additional leave for two weeks;
3. You can enter into a temporary contract, but only with the agreement of the employee.

Talk about increasing the retirement age continues unabated. This means that it is possible that women will continue to work even at the age of 55. Experts support this initiative, since most citizens continue to work even after reaching retirement age.

Article of the Labor Code of the Russian Federation in connection with retirement

In addition, the reason for leaving is noted in the order and labor report. Thus, Article 3 of the Labor Code of the Russian Federation stipulates that the resignation of a specialist who has reached retirement age without his consent will be considered as discrimination against an employee based on age. Entry of dismissal due to retirement in the work book. It is possible to resign without service if in the application itself the employee indicates the reason for his resignation - retirement. In addition to the Labor Code, the following regulatory legal acts are in force in the Russian Federation: Registration of dismissal in connection with retirement.

Alexey Gerasimov answers When retiring, an employee is required to notify the employer 3 days in advance. Article 127 of the Labor Code obliges the head of the enterprise to compensate the dismissed person. The legislation of the Russian Federation provides for early retirement.

Article 81 of the Labor Code of the Russian Federation, dismissal due to retirement

1. If an employee refers to the fact that he is leaving work at his own request and at the same time clarifies that this is due to retirement, work off is not necessary. The employer must dismiss him the next day or on the date indicated in the application. Then a calculation is made and a work book with the appropriate mark is issued.
2. If the employee indicates that he is simply leaving of his own free will, but does not specify a specific reason, then formally the employer has the right to demand 14 days of work. On the last day of work, as usual, a work book is issued, as well as all required payments.

If a citizen has reached retirement age, he can quit his job at any time. It is better to do this after at least one pension payment has been received - i.e. After all the documents have been completed, step-by-step instructions, a sample resignation letter and a description of the procedure can be found in the material.

In connection with retirement, the Labor Code of the Russian Federation

The registration procedure due to retirement is identical to the standard termination of employment relations. By the way, on the basis of Part 2 of Article 59 of the Labor Code of the Russian Federation, fixed-term employment contracts can be concluded with them. An entry in the work book upon dismissal due to retirement must duplicate the text in the order exactly. Although, according to Russian legislation (Article 80 of the Labor Code of the Russian Federation), the dismissal of a pensioner in 2021 cannot be determined. Determine the date of termination of the employment relationship and write a statement indicating the end date of work and the wording - “in connection with retirement.”

Labor legislation does not establish how many times an employee can resign at his own request in connection with retirement. It is proposed to reduce the length of service giving the right to early retirement by three years. Since there are quite a lot of ways of fraud on the part of a simple employer. There is also another type of pension related to disability.

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Do I need to work 2 weeks?

When the question arises whether a resigning employee who has reached retirement age must work 2 (two) weeks, you need to refer to the provisions of Article 80 of the Labor Code of the Russian Federation:

1. Part 1 of Article 80 of the Labor Code determines that an employee has the right to resign by notifying the employer in writing of the termination of the employment relationship no later than 14 (fourteen) days in advance. The countdown of such a fourteen-day period begins on the day following the day the employer receives a written application from the employee regarding the upcoming dismissal. At the same time, part 2 of Article 80 of the Labor Code stipulates that employment relations can be terminated early (that is, before the expiration of 14 days or another notice period about the upcoming departure of the employee), if the parties - the employer and the employee - have agreed on this.
2. Part 3 of Article 80 of the Labor Code establishes that an employee who has submitted a letter of resignation due to retirement has the right to indicate any period for termination of the employment relationship, and the employer will have to pay the applicant within this period. In other words, the 2-week warning rule can be neglected in this case.

Considering the fact that the very concept of “working off” is generally absent in the labor legislation of the Russian Federation, a citizen who quits due to retirement has the right to terminate the employment relationship without notifying the employer 14 days before dismissal and without working for 2 weeks.

Even if an employee has already reached retirement age, but did not quit and continued to work at the same enterprise, he retains the possibility of terminating the employment contract with this employer without “working off” and without 14 days’ notice at any time.

However, if an employee has already reached retirement age and terminated his employment relationship due to retirement, and then re-employed in the same or another company, on his own initiative he will now be able to resign only on a general basis (that is, not based on the fact of retirement , but for other reasons).

There are two more nuances that should be taken into account:

1. If a working pensioner initiated his dismissal, but did not indicate in the application addressed to the employer that he wants to leave due to retirement, the rule of warning the employer 2 weeks in advance will have to be observed. In other words, the working pensioner in this case will have to work for the employer for another two weeks. To avoid this, the pensioner can submit a new application, indicating the correct reason - retirement.
2. If a working pensioner has unused vacation days (more than 14 days) at the time of submitting notice of resignation, the employer can include these days in the employee’s length of service and count them as “worked” upon dismissal.

How to write a letter of resignation of your own free will?

Dismissal due to retirement

• wages for actual days worked;
• compensation for days of unused vacation (according to Article 127 of the Labor Code of the Russian Federation);
• thirteenth salary (if provided for in the concluded employment contract);
• other additional payments upon retirement (if they are fixed by a collective agreement or other internal documents of the company).

In case of resumption of work after dismissal, the indexation of pension payments will not be cancelled. Next time, if the length of service continues, the pension will not be indexed (the next indexation is scheduled for January 1, 2020).

Dismissal due to retirement

Dismissal due to retirement is a procedure that follows standard rules and is almost no different from the classic dismissal of an employee from the enterprise. But there are a number of nuances that must be taken into account when filling out a number of documents by the employer and pensioner. What are the intricacies of dismissing an employee of retirement age? How is the procedure organized? What entries should be made in the work book? What to consider when organizing document flow? We will consider these and other aspects below.

The information that is entered into the document in question must be reliable. In addition to the place of work and position, notes are made about the awards and incentives received. Each entry must be recorded using a seal. Entering information into the work book is the task of the company’s (employer’s) personnel officers or the management itself.

Who is the initiator of dismissal?

Dismissal due to retirement can only be carried out at the request of the employee. An employer does not have the right to dismiss an employee at his own request due to reaching retirement age.

Legislatively, the Labor Code and Labor Code provide for an exhaustive list of reasons why an employee may lose his job, these include:

• termination of the organization's activities;
• staff reduction;
• changes in company leadership for those in leadership positions;
• committing a crime, for example:
• regular lateness;
• absence from work without a valid reason for up to four hours;
• appearing drunk at the workplace;
• disclosure of trade secrets;
• theft of company property;
• non-compliance with labor safety standards;
• inadequacy for the position held during a probationary period, certification or medical examination.

Dismissal due to retirement is not included in the list of these grounds, and therefore is not a reason for termination of the employment contract by the organization.

Entry in the work book about dismissal due to retirement

• reach the generally established retirement age in the country - 55.5 years (women) and 60.5 years (men). For some categories of the population (military personnel, “northerners”, etc.) early pension provision is provided;
• have at least 10 years of work experience;
• have a minimum score of 16.2.

In accordance with the legislation of the Russian Federation, every employee who has reached retirement age, with a sufficient number of pension points and work experience, has the right to apply for an old-age insurance pension and stop working under an employment contract or agreement.

When does retirement take place?

Currently, in accordance with current legislation, there are 3 types of pension provision:

• state;
• insurance;
• social.

In addition, the following types of pensions are distinguished:

• due to old age or length of service;
• on disability;
• for the loss of a breadwinner.

The conditions for providing each of them are presented in the table.

The following categories of citizens can retire early:

The values ​​in the table are at the end of the transition period currently in effect.

In this regard, dismissal with retirement can be carried out both after reaching retirement age and for other reasons.

What entry is made in the work book upon retirement?

• a copy of the dismissal order, certified by the seal of the organization and the signature of an authorized person;
• copies of orders for transfer to other jobs;
• salary certificate;
• certificates about periods of work in this organization;
• acts on industrial accidents, if they occurred, as well as any other documents that are related to the person’s work activity and affecting his rights.

In the third part of Article 80 of the Labor Code, retirement is equated to cases in which it is impossible to continue working, and upon the application of an employee who has received the right to a well-deserved rest, the employer is obliged to terminate the employment contract with the pensioner within the period specified in the application.

Procedure for an employee upon dismissal

Dismissal due to retirement with a corresponding entry in the labor record can only be at the initiative of the employee. To do everything correctly, you need to follow the algorithm indicated in the table.

In this case, the employer does not have the right to require the employee to work off. Dismissal takes place on the day indicated by the employee in his application.

If the employee is on vacation, the employer does not have the right to issue a dismissal order on personal initiative. In this case, you must wait until the employee returns to work. The only exception is violation of labor discipline.

If the employee is on sick leave, the employer can dismiss the employee on his initiative, but only if the valid sick leave is paid in full, even for those periods that were after the order to terminate the employment contract was issued.

Dismissal due to retirement

In 2021, changes were made to the law on insurance pensions dated December 28, 2013 No. 400-FZ. The retirement age was extended: for women to 60 years, for men - to 65. For persons who will turn 55 years old (women) and 60 years old (men) between 01.01.2019 and 31.12.2023, a transition period has been established.

For some categories of persons, early retirement is provided. Mothers with many children, residents of northern regions, medical workers, and employees engaged in hazardous work have the right to take advantage of preferential conditions.

Harmfulness and severity of working conditions

Laws on early retirement define a number of categories of work activity that relate to hazardous production or fit the definition of difficult working conditions.

The retirement age for men in this case is set at 55 years, and at 50 years for women. Harmful indicators include:

• employment in chemical or electrical manufacturing;
• work in enterprises with a degree of danger from radioactive exposure;
• mining and metallurgy enterprises.

Early retirement, in addition to the categories listed above, is also provided to those who are employed in jobs related to difficult working conditions:

• miners, miners;
• machine operators and machinists;
• doctors, nurses, teachers;
• workers employed in the wood processing industry.

For these groups of workers, there is no question of how to retire early. For men, then the age of early retirement is 55 years with an insurance period for harmfulness or severity of 12.5 years. The retirement age for women will be 50 years with 10 years of experience in hazardous work.

Article 81 of the Labor Code of the Russian Federation

Information about additional grounds for dismissing an employee is recorded in the employment contract. The fact of the occurrence (identification) of circumstances allowing the dismissal of an employee for one of the additional grounds must be documented.

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This takes into account the circumstances of the commission of the immoral offense, the degree of its severity, as well as whether the employee has previously committed similar offenses. As a rule, when an employer makes a decision on dismissal, it also takes into account how well the employee has proven himself in the eyes of his colleagues and wards.

Dismissal due to retirement: article of the Labor Code of the Russian Federation

Depending on the company, it may be necessary for the employee to fill out a bypass sheet and then submit the document. After completing the bureaucratic procedures, the employer gives the person the papers that he kept for the entire period of the employee’s employment.

Officials of local PFR institutions to which citizens of retirement age apply are required to verify these circumstances. In addition, as the age of eligibility for registration of pension rights approaches, this information may be requested from employers.

Retirement

In the Russian Federation, all citizens and even foreigners who have lived continuously for 15 years in the country have the right to receive a pension.

The article Obtaining a pension with a residence permit in Russia can be read by following this link.

Depending on the source of funding, all pensions are divided into two types:

• insurance;
• state

Insurance pensions are formed on the basis of those insurance contributions that are deducted monthly from earnings to the Pension Fund. This type of pension is divided into three categories:

• by old age;
• disability has occurred;
• loss of a breadwinner.

As for the state pension, it is issued to civil servants, military personnel and law enforcement officers. It is also divided into three categories:

• by old age;
• for service;
• on disability.

Pensions under compulsory pension insurance

Payments to officials and employees in law enforcement agencies are made not from insurance premiums, but from the budget of the Russian Federation.

Sample entry in the employment record about retirement

The name in the book may differ from the charter if the company has made changes to the Unified State Register of Legal Entities or entered information incorrectly. The company changed its name. Write that the organization has been renamed and indicate the details of the document on the basis of which the company changed its name.

The fact is that retirement is associated with providing the employee with certain advantages over other employees (for example, dismissal without service). In turn, such circumstances must be reflected when filling out the labor report (clause

Labor Code 2 years before retirement

How to avoid dismissal of an employee from work at pre-retirement age? In the Labor Code of the Russian Federation there is no reason for dismissing an employee for a reason - pre-retirement age and everything connected with it! What categories of citizens have the opportunity to receive early cash payments? That is, a man must be at least 58 years old, a woman must be at least 53. Payments in case of staff reduction according to the Labor Code of the Russian Federation 2021.

Not every employer agrees to have pensioners working on the company’s staff, and although elderly people have a lot of experience, they often try to get rid of them. Dismissal due to staff reduction, compensation under the Labor Code of the Russian Federation in 2021. But now, in accordance with the new rules for calculating pensions, length of service and the age of retirement will be reflected in its size. Workers of pre-retirement age will be able to avoid layoffs. Early retirement in 2021: the employee’s right to early exit. I was hired under an employment contract with a probationary period. The Labor Code does not provide for the procedure for dismissing persons of pre-retirement age. state your problem in more detail: for what reason do they want to fire you?

Nuances of early and preferential pensions

Since 2021, many conditions for granting early pensions have not changed:

• Required preferential experience.
• Total insurance experience and pension points in the required amount.
• Retirement age depending on lists 1 and 2.

Typically, such rules apply to citizens of the following categories:

1. One of the parents who raised a disabled child from childhood.
2. Parents with many children who had or have five or more children under the age of eight.
3. People with medical and teaching experience of at least 25-30 years.
4. Those who worked in the Far North and other areas that are equivalent to it.
5. With preferential seniority for difficult and dangerous working conditions.

At the same time, the new laws also concern the timing of access to preferential pensions, which will also increase. But for now, the introduction of new norms will be gradual. Creative workers also received the right to receive preferential pensions.

Confirmation of rights to benefits requires the collection of the following documentation:

• Copies of documents regarding the availability of equipment.
• Description of education.
• Local acts describing production technologies.
• Attestation cards and conclusions of the commission on workplaces, conclusions of special examinations.
• Job descriptions.
• Staffing schedules.
• Information letter from OKVED, provided by statistical authorities.
• Certificate confirming registration with the tax authorities.
• Certificate that the entry was made in the Unified State Register of Real Estate.
• Constituent documents.
• Basic help.

The full package is provided in person, or a legal representative is involved. Applications are reviewed by the Pension Fund no longer than 10 working days. It is recommended to contact regulatory authorities at least 10 days before the date of birth.

If necessary, an additional three months are provided to collect the missing information.

Article 81 of the Labor Code of the Russian Federation, dismissal due to retirement

It is important to familiarize yourself with the entry in the work book. It must exactly correspond to the case and duplicate the text of the Labor Code (word for word). If he agrees with the wording, the employee puts his signature to the right of the entry. You also need to pay attention to the right column, which contains a link to the order (its number and date must correspond to the original document, which the employee has already read and signed).

It is important to understand that if the basis for dismissal is different (by agreement of the parties, in connection with the termination of the company’s work, etc.), then working off is a prerequisite. That is, the rule on exemption from it applies only if there is the wording “at one’s own request” with reference to retirement. In practice, an employee often seeks to warn the employer in advance, verbally or in writing, in order to set a reasonable time frame for dismissal (for example, 3-5 days).