The dismissal of a pensioner follows the same procedure as the dismissal of an ordinary employee, but with several nuances. These nuances are connected with the concept of “retirement”. Not all employers correctly interpret this concept and accept a pensioner's application for dismissal on own will in violation of labor law.

Dismissal of pensioners at their own request without working off

The pensioner should know that the employer cannot fire him if he has reached retirement age. At the same time, working pensioners do not have any benefits compared to other workers.

Every employer should remember that:

• if a pensioner does not want to quit himself, it is impossible to dismiss him due to reaching retirement age - Art. 3 of the Labor Code of the Russian Federation;
• the court, as a rule, protects the rights of pensioners, so such an employee can be reinstated at work with all the consequences for the employer;
• if the company is liquidated, then pensioners are fired on a general basis;
• you can offer a pensioner to go to a part-time job or change position. This must be done when such an employee can no longer cope with his duties, but does not want to leave work himself.

The procedure for the dismissal of pensioners

Reaching retirement age is not grounds for dismissal, but the employer may offer such an employee a different position. This is allowed if the employee himself gives written consent.
You can dismiss a working pensioner on a general basis:

• on his initiative;
• at the initiative of the employer;
• by agreement of the parties.

The general procedure is not much different from the dismissal of any other employee, but a pensioner may not work out the prescribed 2 weeks.
If there is a reduction in staff, then the pensioner has the preferential right to stay at work. And although there is no direct indication of this fact in the law, employers prefer not to part with such valuable employees. However, in many enterprises, it is precisely people of retirement age who are laid off.
If a working pensioner was noticed in violations that threaten him with dismissal, the employer can safely part with such an employee, correctly filling out all personnel documents.

The procedure for the dismissal of a pensioner at his own request

A working pensioner may express a desire to quit on their own. This is not against the law. The employer has no right to interfere with this fact.
If the reason for dismissal is retirement, then it is enough for the employee to write a letter of resignation, indicating the date and reason - “retirement”. You don't have to work 2 weeks. The employer dismisses such an employee in accordance with all the rules, giving him a full calculation - wages and compensation for unused vacation. Some employers provide pensioners with additional severance pay. In the work book it is necessary to make an entry "in connection with retirement."

A pensioner may continue to work after retirement age. He can quit at any time, but he can terminate the employment relationship on this basis only once. If the pensioner subsequently got a job at a new job, he will already leave on a different basis. For example, "voluntarily".
If a working pensioner indicates such a basis in the application, then he also does not have to work out the prescribed two weeks.

Dismissal of a pensioner during staff reduction

In many firms, it is working pensioners who are subject to staff reductions. The dismissal of a working pensioner on this basis occurs on a general basis. The order is as follows:

• The employer must give the employee two months' notice. The notice must be in writing and the employee must sign for receipt;
• an order is issued for the enterprise, and changes are made to the staffing table. Reducing the staff, as an opportunity to "get rid" of pensioners, is not legitimate! The schedule must be changed, and the position occupied by the pensioner must be reduced;
• often the employer prescribes in the employment contract with the pensioner a number of benefits that they have if they have worked at this enterprise for more than 20-25 years. As a rule, this is the pre-emptive right to leave the workplace. But this is the right of the employer, not his duty. If this condition is specified in the employment contract, then the employer is obliged to comply with it;
• the pensioner is offered another position that is not subject to reduction;
• if he does not agree to any of the proposed positions, this is the basis for the termination of the employment relationship. The offer of a position must be in writing, as well as the refusal of it;
• the pensioner is paid all the benefits and compensations provided for by the Labor Code of the Russian Federation in case of staff reduction:
  • wages for actual hours worked;
  • compensation for unused vacation, if any;

Dismissal due to retirement

A pensioner has the right to quit his job when he reaches retirement age. For men in Russia, it is set at 60 years, and for women - 55 years. In some cases, it is possible to retire early.
If a pensioner decided to quit on this basis, then he can do it once in his life. The entry in the work book will be “dismissal due to retirement”. In this case, the application for dismissal can be submitted even a day before the expected date of dismissal. In the application, you need to write the reason - "retirement" - and the date of leaving work. The employee writes a corresponding application, and the employer draws up a corresponding order. On the next pay date, the employee will receive all benefits due to him.

Payments and compensation

If a pensioner resigns of his own free will, by agreement of the parties or upon retirement, the employer must pay him:

• wages for the hours actually worked in the month in which the employment relationship is terminated;
• compensation for unused vacation, if any, in the current working year of the pensioner;
• additional benefits at the discretion of the employer.

If a pensioner leaves due to a reduction in staff or during the liquidation of an enterprise, then the employer pays him:

• wages for actual hours worked;
• compensation for unused vacation, if any;
• allowance for the first two months after dismissal, and, if necessary, for the third;
• additional benefits are paid at the discretion of the employer. The law does not provide for this.
• if the pensioner performed his labor functions in the regions of the Far North or in areas with a similar status, then the allowance is paid within a period of up to six months.

There are times when the amount of the benefit can be reduced:

• work of a pensioner at seasonal work;
• his refusal to transfer to a permanent job at another enterprise, by agreement between employers.

Work on dismissal

All terms of the required working off are prescribed in paragraph 3 of Art. 80 of the Labor Code of the Russian Federation. Should a pensioner work out the prescribed period?
If an employee is dismissed on the basis of retirement, then he has the right to receive a calculation on the same day on which he writes an application indicating the reason for dismissal. But most often, the employer calculates such an employee on the day the next salary is paid, having agreed on this with the retired pensioner. It is not necessary to work out the prescribed two weeks. To avoid misunderstandings on the part of the accounting department, it is advisable to indicate your desire to terminate the employment relationship on the day of retirement in advance.

If a working pensioner indicates in the application such a reason as “I ask you to dismiss me of your own free will as a working pensioner”, then the working period is 3 days. If the application only indicates the request of the employee to dismiss him on his own initiative, and there is no reference to the retirement age, then the dismissal is carried out on a general basis. That is, the turnaround time is two weeks.
If there is a reduction in staff, then a working pensioner has the right to quit earlier than other employees. But at the same time it is necessary to reach an agreement with the employer. A working pensioner can quit even without working off.
In any case, the pensioner and the employer can reach an agreement regarding working off in each specific case layoffs. The agreement is made in writing and signed by both parties. One copy remains with the employer, and the other with the pensioner.

Many employers confuse the concepts of “retirement” and “dismissal upon reaching retirement age”. “Retirement” is a person's right to receive pension benefits as provided by law. Men in the Russian Federation go on a well-deserved rest at 60, women - at 55.

Having retired, a citizen can continue to work as long as he considers it possible. Or he can write a letter of resignation from the company as soon as he received the right to receive a pension. How to fire a pensioner, we'll talk further.

How is an older worker fired?

A common question: “If a pensioner quits, is it necessary to work for 2 weeks?” According to article 80 of the Labor Code of the Russian Federation, an employee can leave the organization of his own free will without working off the prescribed two weeks due to reasons that prevent him from continuing his labor activity. One of these reasons the law calls the retirement of a worker. It should be indicated in the application for termination of the contract at will.

Therefore, the answer to the question: “Can a pensioner quit without working off?” will be positive.

The text of the statement may sound as follows: “I ask you to dismiss me of your own free will in connection with retirement.”

The document should be registered with the secretary of the organization or office as incoming correspondence.

After signing the application by the employer, an order is issued to terminate employment contract.

The employee must be familiarized with the order. This document must be registered in the register of orders. Based on it, entries are made in the personal card and in work book employee, as well as preparing a calculation in the accounting department.

Features of the termination of a working relationship with a pensioner under the Labor Code of the Russian Federation

Older workers are concerned about the following issues:

Is it possible to dismiss a pensioner at the initiative of the employer?

An employer cannot fire a person because he has reached retirement age. Information about this is in article 3 of the Labor Code of the Russian Federation. If the employer unlawfully terminates the contract, the person may be reinstated in the workplace by a court decision.

Is it possible to fire a pensioner without his consent?

It is unacceptable. Therefore, if the director does not see an elderly person in the workplace that he occupies in the future, he may suggest that he move to a part-time job or another position. This can be done when the employee does not cope with his duties, but does not want to go on a well-deserved rest.

Is it possible to dismiss a pensioner at the initiative of the employer?

Yes, if the employee violated labor discipline. In this case, the same rules apply as for younger people. Also, the employer may offer the employee to terminate the contract by agreement of the parties with the payment of compensation.

This method is used if the employer wants to take on a younger employee for a position occupied by an age specialist. But such a dismissal is possible only with the consent of an elderly citizen.

When does a pensioner get fired? do i have to work 14 days?

No, don't. Retirement gives the employee a guaranteed opportunity to permanently stop working from the date that he indicates in his application. The administration cannot and has no right to interfere with this.

Retirement payouts

Payments upon retirement are transferred on the last working day in the general manner.

Express your opinion about the article or ask the experts a question to get an answer

Many citizens who have taken a well-deserved rest continue their labor activity. Not all employers agree with this state of affairs and are taking steps to reduce pensioners. The Labor Code establishes that older people have the same rights as other workers. It is necessary to figure out how, without violating the law and claims from an employee who has reached retirement age, terminate an employment contract unilaterally, and whether an elderly employee can quit of his own free will.

Rights of working pensioners

Russian legislation stipulates that citizens who have reached a certain age have the right to leave work and go on a well-deserved rest. The state guarantees pensioners monthly payments from the federal budget. Not everyone has enough of this assistance for a decent life, so many citizens continue their work in order to improve their financial situation.

Old age is not grounds for termination of employment, as this is considered discrimination. Older people not only have rights along with all other workers, but also have a number of advantages:

• The dismissal of a working pensioner at his own request does not imply a mandatory two-week working period.
• Having great experience work, citizens of retirement age are highly qualified employees. Even in the event of a reduction in staff, such people have an advantage and cannot be fired.
• Senior citizens are entitled to an extraordinary leave of 14 days.
• Employment does not cancel the right to receive pension allowance.

Features of dismissal

A good reason is required to terminate an employment relationship with an older person. Chapter 13 Labor Code the grounds on which a contract with an elderly person can be canceled or terminated are indicated:

• At the initiative of the worker. There is a dismissal of a pensioner without working off, which is practically impossible when terminating a contract with other employees of an organization or enterprise.
• Agreement of the parties. An employment contract concluded for an indefinite period, as well as a fixed-term employment contract, can be terminated at any time established by agreements between the employer and the employee. Any party can initiate early termination of the contract. Management pressure is not allowed.
• Conditions beyond the control of the parties. Features of the dismissal of pensioners in this case fall under the general conditions. The list of grounds here is wide, but among the main ones one can single out the liquidation of an enterprise, cases when an employee is recognized as incapacitated, emergencies(catastrophes, natural disasters), etc.
• Staff reduction. An employee may be offered another place of work, and the dismissed person has the right to either agree to new working conditions or refuse.
• End of the contract. The citizen must be warned about this at least three calendar months before the day of dismissal. Exception - the performance of the duties of another employee, seasonal or certain works. In this case, the termination of cooperation occurs when the replaced employee leaves or at the end of the work.
• Violation of industrial discipline or legislation. The dismissal of working pensioners is possible if they are absent from the workplace without a good reason or if they appear there in a state of intoxication, etc.

Legal regulation

The conditions for hiring employees, remuneration and issues of termination of cooperation are determined by law. The main document that regulates this is the Labor Code. In addition, it is necessary to pay Special attention and other legislative and regulatory legal acts, according to which a pensioner is dismissed at his own request:

• Law No. 400-FZ dated December 28, 2013, concerning insurance pensions;
• Law No. 173-FZ of December 17, 2001, covering the issues of labor pensions;
• Order of the Ministry of Labor of Russia No. 436n dated May 22, 2017, concerning the issue of the retirement of certain categories of civil servants.

The procedure for the dismissal of pensioners at their own request

The decision of an elderly worker to terminate cooperation with an employer on a personal initiative does not contradict the norms of the law. The employer has no right to interfere with this. The dismissal of a pensioner at his own request from his position occurs according to the following algorithm:

1. The date of termination of the employment relationship is determined.
2. An elderly person must submit a written application addressed to the head of the enterprise indicating the reason for dismissal.
3. An organization order is issued.
4. The employee must be familiarized with the order under the signature, which confirms his consent. If necessary, the employee is given a copy of the document.
5. The accounting officer carries out the formation and payment of the due funds.
6. An entry is made in the work book indicating the article and the date of dismissal.
7. A work book, a certificate of wages and other documents are issued at the request of a citizen.

Can a working pensioner quit without working off

According to the legislation, the dismissal of employees at their own request from the main place of employment is possible at any time. The law provides that a person may be assigned to work for two weeks, unless other agreements are reached. So, for example, if there is already an applicant for the position, this time can be reduced. Working off upon dismissal of a pensioner is not assigned, but exceptions are possible, for example, if you need to take an inventory.

Anyone has the right to terminate an employment relationship. To do this, it is enough to draw up an appropriate document and familiarize the employer with it.

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But often it is the employer who initiates the dismissal, especially when it comes to pensioners. And the majority concedes, signing the statement "of their own free will."

But how legitimate is this and why, in principle, can a person be fired when he has reached retirement age?

What does the law say?

Not a single regulatory act of Russian legislation indicates that the retirement age is a reason for dismissal.

Rather, on the contrary, any court will be on the side of a pensioner fired because of this. Therefore, employers do not indicate this reason anywhere in the documents.

Only the pensioner himself can clarify that he is leaving due to retirement.

But you can do otherwise - send the employee for recertification or a medical examination. And there, the experts will give the conclusion that he cannot perform his labor duties for health reasons or because of low qualifications.

And in this case, the dismissal of a pensioner will be legal.

Normative base

Dismissal of pensioners is regulated by:

• Federal Law No. 400-F3 dated January 1, 2015;
• Federal Law No. 173-FZ of December 17, 2001 “On labor pensions In Russian federation";
• Labor Code.

The text of these documents can be found here:

Rights of working pensioners

Labor legislation establishes that the pensioner has the right. Moreover, he can do this at any time, and the employer must sign it (Article 80 of the Labor Code of the Russian Federation).

Besides:

• it is not necessary for him to notify the employer of dismissal 2 weeks in advance, if the reason is retirement;
• in any other case, you still have to inform the employer 2 weeks in advance;
• continuation labor activity does not affect your pension in any way.

Is it always required to work?

Working off in the event of dismissal of a pensioner is often left at the discretion of the employer.

Dismissal of pensioners at their own request without working off is possible. This is indicated in the Labor Code of the Russian Federation (Article 80). Also, you do not need to work for 2 weeks if the employee leaves for health reasons.

But the employer has the right to require the employee to stay with.

Does a pensioner work for 2 weeks if he quits his job again? Yes, if the last time he was dismissed, a note was made in the work book "in connection with retirement."

Then he is obliged to stay at work, like all other workers.

An exception can only be a mutual agreement with the employer, concluded upon employment.

How to fire a pensioner?

Russian legislation does not contain rules that allow dismissing an employee when he reaches retirement age. However, according to the law, he can be fired in the same way as other employees.

Possible options

There are only two options for dismissing a pensioner - when he quits of his own free will or by.

An employer can fire a pensioner:

• upon liquidation of the enterprise;
• in case of staff reduction;
• in case of inconsistency of the employee with the position held;
• in case of theft of property or violation of internal regulations.

Of your own accord

Not always such a dismissal is the actual desire of an employee, especially a pensioner.

Many employers resort to different ways to force the worker to free up space.

However, a voluntary declaration is an official document. And on its basis, the employer is obliged to issue a work book to the pensioner, full payment and severance pay.

Forced dismissal at the initiative of the employer

The list of reasons why an employer can dismiss an employee without explanation is indicated by the legislator in Article 81 of the Labor Code of the Russian Federation.

Among them, the most common are:

• downsizing;
• liquidation of the organization;
• non-compliance of the employee with the position held;
• violation of labor duties;
• theft of another's property.

Downsizing

Quite often, this is the reason for the dismissal of most pensioners. And few people know that this is not entirely legal.

The fact is that the employer is primarily obliged to take into account, according to Article 179 of the Labor Code, the high qualifications of the employee, work experience, etc.

Most pensioners "reduce" for health reasons and referring to age.

Organization liquidation

If the company goes out of business, all employees are automatically fired.

And pensioners, who have the same rights as other employees, are also subject to dismissal.

Expiration of the employment contract

Guarantees, payments and compensations

The pensioner is entitled to the same payments and compensation upon dismissal as other employees.

Therefore, when leaving work, he can count on:

• salary and debt on it;
• severance pay;
• vacation pay;
• payments stipulated by the employment contract (upon its termination).

A pensioner has the right to receive a payment in the amount of 2 weeks of earnings in the following cases:

• his incompatibility with his position;
• non-fulfillment of their labor duties for health reasons;
• if an employee who performed this work earlier came to his place;
• if the pensioner refuses to transfer.

An allowance in the amount of a monthly salary is issued:

• upon liquidation of the enterprise;
• in case of dismissal due to staff reduction;
• if the employment contract is terminated due to the fault of the employer.

But first of all, the employer must pay the full salary and compensation for vacation days (if they were not used).

Frequently asked Questions

In connection with pension reform, which is carried out by the government, many pensioners cannot understand all the legal nuances. For example, when is the best time to quit your job in 2019 and will it be beneficial?

What are the nuances of dismissal of a pensioner - a financially responsible person?

How to quit if a pensioner is considered a financially responsible person?

Pensioners with whom a liability agreement has been concluded can quit in the same manner as other employees.

The only difference is that he is obliged to convey all values. At the same time, an inventory is mandatory.

When does such an employee need to leave in order to receive pension indexation?

The dismissal of a working pensioner in 2019 may not be necessary to index the pension.

In February 2019, the pension will be indexed only for those who have not worked since July last year, that is, no more than 6 months. As for the second indexation, the authors of the bill have not yet set an exact date.

Most pensioners, despite their status, continue to work. And they do it not because they are just bored of sitting at home.

However, now the issue of dismissal is more acute than ever. Especially in connection with the government's refusal to index pensions for working pensioners.

But before deciding to leave work, you need to properly weigh the pros and cons.

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

After receiving retirement status, most people prefer to continue working - these are the realities of today. Behind older employees - knowledge, experience, qualifications and other "wealth" attached to the years. Unfortunately, often these include health problems, which means private sick leave. Not always an employee of retirement age wants and can adapt to changing requirements, learn new skills, there are difficulties regarding personal relationships in the work team, especially if you have to obey a young boss.

There are enough reasons why an employer would like to retire such an employee. But what if the employee sees it differently? How to comply with the dismissal procedure on legal grounds, without discriminating the dismissed person by age?

What are the benefits for retirees?

According to the provisions of the current Labor Code, pensioners are equal in rights and obligations to all other employees (Article 3 of the Labor Code of the Russian Federation).

But in some cases, retirement age guarantees certain benefits at work.

1. By law, age cannot be a reason for refusing employment (Article 64 of the Labor Code of the Russian Federation).
2. A retired veteran of the Second World War, if he continues to work, can choose the time for his vacation himself (clause 1, art. 15-16 federal law No. 5 dated 12.01.95).
3. Upon request, an employee of retirement age may take additional unpaid leave of up to 14 days.
4. Working pensioners are exempt from paying property tax.
5. Elderly employees receive certain preferences when issuing vouchers to sanatoriums and other health-improving institutions.

Age is not a reason to quit

As much as an employer would like to fire a retired employee in order to get rid of certain difficulties and make room for young people, the law does not allow this.

Art. 3 of the Labor Code of the Russian Federation clearly defines that the retirement age can in no case be a reason for dismissal.

IMPORTANT INFORMATION! Any insufficiently substantiated reason for the dismissal of a pensioner in court in most cases will be regarded as age discrimination, which is fraught with serious consequences for the employer.

Of course, there are many ways in the manager's arsenal to force him to write a statement "of his own free will." But if a pensioner does not really have such a desire, but has a determination to defend violated rights, then in court an employer looking for easy ways is practically doomed.

NOTE! The wording “of their own free will” in relation to employees of retirement age is appropriate only if there is their good will. In this case, they can do without a mandatory warning for everyone 2 weeks before leaving (Article 80 of the Labor Code of the Russian Federation). They can use this right once, indicating in the application: "in connection with retirement." will also appear in the workbook.

What if we agree?

The agreement of the parties is the most convenient way to say goodbye to an employee who formally has nothing to dismiss. With a pensioner who does not want to enjoy the joys of life without daily work, you need to talk tactfully, explaining the reasons for the manager and offering financial support. Most likely, the wisdom of years will tell the employee that it is not worth fighting for a place in an organization where he is no longer needed. It will take the spiritual subtlety of the employer for this conversation to go without mutual insults.

If an agreement is reached, an agreement is drawn up, on the basis of which the employment contract is terminated.

IMPORTANT! The agreement must reflect the will of both parties and the amount of benefits that the employer will have to pay upon dismissal.

The law is the same for everyone

The remaining grounds for the dismissal of a pensioner from office are no different from those provided for all categories of workers.

Like any other subordinate, an employee of respectable years can lose his job if:

• violates the work schedule and discipline in the team (truant, late, is intoxicated, etc.);
• the staff of the company is forced to reduce;
• the working conditions have changed, ceasing to suit the pensioner, and there are no other vacant positions with suitable qualifications in the company or he does not agree to them;
• the employer's organization is liquidated;
• his inadequacy for the post will be proven.

The work of a pensioner has become inferior

Job inconsistency is the main " headache» employer related to retired employees. When a person is no longer able or does not want to work as required, of course, the employer has the right to part with him. But the manager himself is not authorized to objectively assess the job suitability of employees - for this, a special commission is created that certifies the employee. If its verdict is “loss of certain skills”, then a retired employee who has ceased to correspond to his position must suggest other vacancies that will meet his current qualifications. As a rule, these will be lower positions, much less paid. In case of disagreement of the employee or the absence of suitable vacancies, the dismissal is lawful.

If a old man cannot fully fulfill his duties due to his failing health, the verdict of the commission will again be needed - only not attestation. And medical. The employer himself cannot make decisions on the compliance of the employee's health with job requirements. The dismissal procedure after the verdict is the same as in the case of recertification.

When deadlines are pressed

The employer has the right not to renew an employment contract that has expired, even if it is a contract with an employee who has reached the age of a pensioner. Here is another legitimate reason to spend it on vacation.

NOTE! If the contract was drawn up with an indefinite period, then it cannot be terminated without reason.

The employer may offer the employee to conclude a fixed-term contract in order to naturally dismiss the employee when the term expires. But forcing an employee to agree to such an option would be illegal, which can easily be proven in court. Fixed-term contracts with pensioners should be drawn up only with their voluntary consent!

ATTENTION! Art. 59 of the Labor Code prohibits breaking existing contracts in order to conclude urgent ones instead!

Looking for a compromise?

If you can’t find a justified TC reason for dismissing an elderly employee who has ceased to suit the employer, you can look for a way out in which “both the sheep are safe and the wolves are full.”

For example, instead of completely resigning from a position, you can offer a retiree to go to a part-time, part-time or reduced week.

Thus, the employee saves his job and self-respect, and the manager saves on wages and saves an experienced "cadre", for example, for mentoring and other functions.

Protected by the union

If the pensioner to be dismissed is a member of a trade union organization operating at the enterprise, the employer needs to obtain consent from this body to terminate the employment relationship.

If there is no response to the employer's request within a week, the opinion of the trade union on dismissal can not be taken into account in the future.

If a negative opinion is expressed, this does not mean that the employee cannot be fired: it will simply be necessary to follow the appropriate procedure regarding the dismissal of union members.

Reminder for the employer

Let us summarize the important nuances regarding the dismissal of pensioners.

1. Without the consent of the pensioner, it is impossible to dismiss him on the basis of age (Article 3 of the Labor Code of the Russian Federation).
2. The court equates disputed reasons for dismissal of a pensioner with age discrimination.
3. In cases beyond the control of the parties, downsizing or changing the terms of the employment contract, the dismissal of pensioners occurs in the same way as other employees.
4. A compromise solution may be the transfer of a retired employee to a reduced schedule.