Dismissal of a pensioner at his own request without working in 2021

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.

What happened

From 2021, insurance pensions of pensioners who stopped working will be paid in an indexed amount for the period from the 1st day of the month following the month of dismissal.
The corresponding law was adopted in July last year and came into force on January 1, 2021.

The citizen will begin to receive an increased pension the same few months after stopping work as before, but these months will be compensated to him.

This procedure will apply to recipients of insurance pensions who stopped working in October 2017 and later (November 2021, December 2021, etc.), the Pension Fund explains.
Accordingly, this procedure does not apply to recipients of insurance pensions who stopped working earlier than October 1, 2021.

For example, a pensioner quit his job in October 2021. Based on the reports submitted by the employer in November for October, he was still listed as working. In December, the Pension Fund received reports in which the pensioner was no longer listed as working. In January, the Pension Fund will decide on the payment of a pension, taking into account indexation, and in February the pensioner will receive the full amount of the pension, as well as an additional payment for three months from the date of leaving work - for November, December and January.

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.

Dismissal procedure

An employee reaching retirement age is not a reason for dismissal. In such a situation, the manager can transfer the employee to another position, but this requires obtaining the written consent of the person himself.

In other cases, the severance of relations between the pensioner and the employer is carried out on a general basis, that is, on the initiative of one of the parties or by agreement.

In general, the procedure for terminating an employment relationship with a pensioner is no different from the usual one. The only exception is that the pensioner is given the opportunity to exclude two weeks of work.

If a staff reduction procedure is carried out, then pensioners have priority rights. In such a situation, the procedure for dismissal is as follows:

mandatory written notification of a person about the manager’s intentions. The fact that the employee has familiarized himself with the document is confirmed by a signature;
issuing a decree and introducing changes to the staffing table, in which the position previously occupied by the pensioner should be absent;
familiarizing a person with other positions that suit his level of qualifications;
issuing an order (form) for dismissal if the pensioner refuses the offered positions in writing;

making a corresponding entry in the work book and making a full payment.

After this, the employment contract will be considered completely terminated.

The need and duration of testing may vary depending on the situation:

if a person wrote a letter of resignation, justifying it by retirement, then he should not work for a two-week period;
if the application contains the wording “I ask you to resign at your own request, as a working pensioner,” then you must work for three days;
if the application contains only a request for voluntary dismissal without indicating the retirement age, then the work period is 2 weeks;
if the breakdown of the employment relationship occurs due to staff reduction, then the person can quit earlier than other employees, but for this it is necessary to obtain an agreement from the employer.

Sample application:

Regardless of the reason for dismissal, the pensioner can independently agree with the manager to cancel the period of service. This agreement must be documented in two copies and signed by each party.

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.

What happened

From 2021, pensions of working pensioners are not indexed.
In order for the Pension Fund to determine the status of a pensioner, all employers submit information using the SZV-M form. As soon as a pensioner stops working, his pension is indexed. However, until recently this process was slow.

For example, a pensioner retired in July 2021. In August 2017, the Pension Fund received a report from the employer, in which the pensioner was still listed as working. In September, SZV-M entered the Pension Fund without a pensioner.

The decision to pay the indexed insurance pension is made by the Pension Fund of Russia in the next month after receiving the employer’s report, that is, in October. Such a pension begins to be paid in the month following the one in which the decision was made. In this case - from November 1.

But that was before. Since 2021, the situation has changed.

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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How to fire a pensioner in 2021

For a personnel service employee, the dismissal of a pensioner in 2021, just like in previous years, must be based on legislative norms. At the same time, termination of employment relations with infringement of the employee’s rights due to his age is not allowed - this will be considered by the court as discrimination. In accordance with current Russian legislation, the following options for terminating relations are possible:

at your own request;
at the initiative of the employer;
by agreement of the parties.

At your own request

The voluntary departure of an employee of retirement age is no different from the termination of working relationships with other employees, except that such an employee is spared two weeks of work. To do this, the prepared statement must contain an indication that the employment relationship is being terminated due to retirement. If a person of retirement age later gets a job again, then the next time the relationship with the employer is terminated, this benefit will no longer be available to him - according to the Labor Code of the Russian Federation, it is provided only once.

The dismissal of a pensioner in 2021 has its own characteristics for financially responsible persons. Termination of work activity in this case implies an inventory and transfer of entrusted property to a successor or employer, and the resigning person must notify the manager in advance (two weeks). This is done using a statement.

At the initiative of the employer

Although the law does not allow the dismissal of a pensioner in 2018 due to reaching the appropriate age, there are other options for terminating a working relationship at the initiative of the employer. Legally permitted cases include termination of a contract:

due to the liquidation of an enterprise or termination of the activities of an individual entrepreneur;
due to staff reduction;
if the employee is not suitable for the position held;
in case of violation of internal regulations or theft of property.

The first two reasons are the most common. If there is a desire/necessity to lay off an employee at the initiative of the employer or dismiss him due to the liquidation of the organization, the HR department is obliged to notify the employee about this two months in advance. Termination of a contract for reduction involves a change in the staffing table of the organization, where the previous position should not be available. The employer needs to know that staff reduction cannot be used as a way to get rid of pensioners - directors may be held administratively liable for this.

Another mandatory condition is that when a pensioner is dismissed in 2018 due to staff reduction or liquidation of the enterprise, the accounting department is obliged to make all payments required by law to the employee. This includes payment of two months' salary and compensation for unused vacation. Alternatively, if there is a reduction in staff, the employee is offered another position. If the employee agrees, he does not resign, but is transferred to this specialty.

If the dismissal of a working pensioner in 2021 occurs due to inadequacy for the position held, then this decision must be supported by appropriate documentation. This includes:

conclusion of a medical commission on a change in health status, excluding the possibility of performing work duties (a medical examination is necessary regardless of whether the employee is disabled or not);
documented low level of qualifications discovered during professional recertification.

Violation of internal regulations (for example, showing up at work drunk) or material damage to the organization (for example, theft of property) are legally considered reasons for terminating an employment contract. In this case, the incident must be documented accordingly - a report must be prepared and written explanations must be received from the guilty employee. Based on these documents, the director must make a decision and issue an appropriate order.

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By agreement of the parties

The dismissal of a pensioner in 2021 by agreement of the parties must occur in accordance with Article 77 of the Labor Code of the Russian Federation, and the initiator can be either the employer or the employee himself. Depending on the reasons, the advantages of this form of termination of employment include:

the possibility that the application does not contain a reason for termination of the employment relationship;
a favorable alternative to terminating an employment contract due to the fault of an employee, an “unspoiled” work book;
extension of continuous service for another 1 month;
the possibility of obtaining more acceptable conditions (amount of compensation, etc.) than in case of dismissal “at one's own request”.

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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Features and rules for dismissal of a pensioner

Upon reaching retirement age or the right to a long-service pension, a person can resign. In this case, you need to take into account several rules:

The Labor Code has not been applied for a long time. You should focus on the Labor Code of the Russian Federation, Government Decrees, departmental acts, depending on the question that needs an answer.
Reaching retirement age is not a basis for terminating an employment contract. If a pensioner does not want to quit, he can continue to work.
An open-ended employment contract cannot be reissued into a fixed-term one without the desire of a retired employee.
For some types of work, people have the right to early retirement: underground, in harmful and dangerous conditions; tractor drivers in agriculture; in the textile industry; in geodetic, geological exploration industries; work on passenger transport, naval vessels or the fishing industry. In most cases, at least 15-20 years of work in the relevant industry is required for men, and 10-15 years for women.
Depending on the number of years of work in the organization or the industry as a whole, the dismissal procedure is always the same.

A pensioner can resign on his own without working out if the departure is related to retirement. In this case, the employer is obliged to terminate the contract on the date specified in the application.

Without working off

In Art. 80 of the Labor Code of the Russian Federation states that an employment contract can be terminated without observing the warning period. To do this, it is enough to indicate in the application the wording “I ask you to dismiss me at my own request on (date) in connection with my retirement.”

The employer does not have the right to assign time off in such a situation.

Example. The employee retires on November 20th. On the 15th, he submitted a corresponding application and asked to be fired on November 19 - this will be considered the last working day.

By law, it is not necessary that the dates of retirement and dismissal coincide. The main thing is to indicate a specific day in the application. Work off is not assigned if the employee first found a job and then became entitled to a pension.

With working out

If a person first retired and then got a job, he will have to comply with the notice period and work another 14 calendar days. The countdown begins on the day following the date of submission of the application to the employer.

By agreement with the manager, you don’t have to work for two weeks, but he has the right to insist on working.

On vacation

A pensioner can apply while on annual paid leave. If the law requires you to work, you will be fired at the end of the notice period. If not, on the date specified in the application.

You can also take a vacation followed by dismissal. The employment contract was terminated on the last day of rest, but the application can be withdrawn before the day it begins (Article 127 of the Labor Code of the Russian Federation).

If an employee resigns of his own free will, but he has accumulated vacation days and does not take it, the employer is obliged to compensate everything and pay it upon final payment.

Military pensioner

According to Art. 51 Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service”, a serviceman may resign upon reaching the maximum age for service, and on other grounds that imply the assignment of a pension. To do this, it is enough to submit a report to the commander and indicate the reason for termination of the contract.

During sick leave

A pensioner can resign while on sick leave. If work is mandatory, the day of termination of the contract is considered its last day. If not, the date indicated in the application. Sick leave is paid in full.

According to Art. 5 Federal Law dated December 29, 2006 No. 255-FZ “On compulsory social insurance...”, temporary disability benefits can also be received if sick leave is opened within 30 days after termination of the contract. It is enough to contact your former employer with a statement and a certificate of incapacity for work.

On probation

Art. 71 of the Labor Code of the Russian Federation allows the subject to resign by notifying the employer three days in advance. If an employee is employed and then becomes entitled to a pension, it is not necessary to comply with the notice period.

Regardless of the situation, it is better to submit an application at least 2-3 days before dismissal. This is necessary so that HR officers and accountants have time to prepare all documents and issue them on time.

If he is a financially responsible person

If a person is a financially responsible person and retires, it is not necessary to work 14 days. The main thing is to have time to take inventory and transfer things to a new employee.