Rules for writing an application for dismissal of a pensioner at his own request + sample

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.

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).

What is the risk of dismissal of a pensioner?

The main danger when dismissing a pensioner is being accused of discrimination. You cannot fire employees based on age. If a person is over 60 or 65, this does not mean that he is a bad worker and is not fulfilling his professional role. He has the right to work until he wants to quit or there is a good reason.

In case of unfair dismissal, an employee can appeal to the labor inspectorate and court. The inspection will cancel the dismissal order, and the court will agree with the requirement to pay wages during the dispute and compensate for moral damage.

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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.

Popular reasons for dismissal

Dismissal due to retirement

A pensioner resigns himself in two ways:

1. At your own request. Then you need to work for two weeks.
2. Due to retirement. Then there is no need to work it out.

Dismissal due to retirement means that the employee does not expect to find a new job. In the application, he indicates at what time the employer must terminate the employment contract - for example, on the next working day. Then the employee must be paid.

You are allowed to write such a reason in the application once - see the explanation of Rostrud. If the employee gets a job again, the next dismissal will be at his own request - with working off.

Be sure to indicate in the T-8 order and work book the exact reason for dismissal.

Inconsistency with the position held

Some employees regularly confirm their qualifications: for example, accountants, doctors and crane operators. A failed certification is proof that the pensioner is objectively unable to cope with his or her job. This is already a good reason for dismissal.

Before dismissal, you are required to offer the employee a lower position. File a dismissal only if the employee refuses it in writing - clause 3. part 1 of art. 81 Labor Code of the Russian Federation.

Example of an entry in a work book:

Disciplinary offense

Let's say you notice that a pensioner is working ineffectively. For example, he arrives late, leaves early and does not meet the targets. If you simply fire an employee, a showdown with the labor inspectorate and the court is possible. To avoid them, all violations should be recorded. Prepare the following documents each time:

• an act drawn up in the presence of at least two witnesses;
• an internal memo (drawn up by the immediate superior of the offending employee or an entrepreneur);
• explanatory note from the employee.

Please note: the punishment must be proportionate to the violation. You cannot be fired for being 5 minutes late. The labor inspectorate will reinstate the employee and fine him under 5.27 Code of Administrative Offenses: individual entrepreneur - 1000-5000 rubles, LLC - 30,000-50,000 rubles.

But absenteeism is already a sufficient reason.

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.

Established benefits and compensation

Upon dismissal, pensioners are entitled to the same payments as all other employees who terminate their employment contract on general grounds. If, in accordance with the local regulations of the organization, compensation is provided for departing employees of retirement age, then they will be additionally paid on the last working day.

What should retirees expect when leaving their job?:

• Wages for hours worked;
• Compensation for unused vacation;
• Severance pay if there is a reduction;
• Compensation provided for by the terms of the agreement of the parties.

All necessary calculations and payments must occur on the employee’s last working day. If a pensioner submits an application for resignation of his own free will, it must be reviewed and signed on the same day as the issuance of all provided funds.

You may probably be interested in the following topic: payments upon dismissal of a pensioner due to staff reduction.

Dismissal at will without work if the employer violates the law

An employee who notices any violation of the Labor Code of the Russian Federation on behalf of the manager, and also proves this, has the right to apply for dismissal of his own free will without working off. But here a small snag arises: how can you prove an illegal action on the part of an entrepreneur?

It is in this matter that you will be helped by the involvement of internal authorities for a thorough check in order to ensure the authenticity of the accusation. In this situation, paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation will help, where it is stated in clear language that it is a mandatory action to prove the charges already mentioned to the authorities, otherwise you can get punished for false information.

In what cases must an employee set the period of time worked?

• The head of a particular company violated the labor code of the Russian Federation.
• The employee is disabled (most often employees with some degree of disability).

For the first point, it is always worth remembering one thing , the meaning of which is that you first need to establish the found violation at the legislative level, otherwise nothing will work, since without evidence Article 80 of the Labor Code of the Russian Federation cannot be confirmed.

The second point tells us that the employee is unable to continue his legal activities due to health reasons or the instructions of the attending physician; there is no other way. If your doctor has prescribed this, you should attach a copy of this document.

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.

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

Issuance of a dismissal order

After agreeing on the date of dismissal, the personnel employee of the enterprise must issue an order in the T-8 form to dismiss the employee. The document is signed by the manager or other person replacing him.

The order relates to personnel documents on keeping records of workers’ labor and their movement. The document confirms periods of employment and is used when assigning a pension. The shelf life of the order corresponds to the duration of storage of documents relating to the hiring of employees and settlement transactions.

In the order signed by the manager, the employee also puts a personal signature as a sign of agreement with the text of the order and confirmation of the date of familiarization. The signature of the person is deciphered. If the employee cannot familiarize himself with the order, a corresponding entry is made about this.

According to Rostrud, the inability to dismiss an employee during a period of incapacity or vacation applies only to cases of employer initiative. Head of the Rostrud department I.I. Shklovets

Accounting for personnel orders

The records of orders are carried out by the responsible person of the personnel department. The procedure for accounting for orders can be approved in the appendix to the accounting policy. One of the main details of an order is its numbering. The procedure for assigning numbers is not regulated by law. In practice, the following order is predominantly implemented:

• Documents are numbered in chronological order.
• Accounting for general purpose orders for the enterprise and for personnel is carried out separately. A number of organizations with significant staff turnover separately take into account orders for hiring, transfer and dismissal.
• The numbering of personnel orders is reset annually after the end of the calendar year.

The order is recorded in the personnel records log. The form is optional; it is generated in an accounting program or maintained manually. When keeping a journal, it is necessary to comply with the requirements for accounting books - number the pages, stitch them, and seal the stitching area with a piece of paper with the signature of the manager and the seal of the enterprise.

Sample entry in the work book for dismissal due to retirement