We are retiring due to retirement. Record in the work book about dismissal in connection with retirement

A frequent question on the forums of personnel officers and accountants is how to fire a pensioner. Depending on the grounds for terminating the employment contract, the procedure for dismissing a pensioner will differ. After all, it is one thing to dismiss a pensioner at his own request, and quite another - for example, by agreement of the parties.

Can I get fired due to retirement?

Can a pensioner be fired against his will? Certainly they can. But only for those (for absenteeism, etc.), like any other employee of the organization. Thus, the employer does not have the right to dismiss a pensioner by age, that is, only on the basis that he has reached retirement age. In the general case, for men this age is 60 years, for women - 55 years (part 1 of article 8 of the Law of December 28, 2013 N 400-FZ).

At the same time, the employee himself can write a letter of resignation in connection with retirement (Article 80 of the Labor Code of the Russian Federation). Or maybe not write. This is his right. Moreover, regardless of whether he continues his labor activity, he will receive an old-age pension.

How much should a pensioner earn upon retirement?

Do retirees need to work for a certain period of time upon dismissal? No, the Labor Code does not provide for working off upon dismissal of a pensioner. That is, the employer cannot force him to work out the standard 2 weeks (Article 80 of the Labor Code of the Russian Federation).

How to write a letter of resignation to a pensioner

An application for retirement can be drawn up as follows: “I ask you to dismiss me of your own free will in connection with my retirement on February 6, 2017.” In this case, the employer will have to dismiss the employee on the day specified in the application. By the way, in the pensioner's work book it should also be noted that he was “Dismissed of his own free will in connection with retirement, clause 3, part 1, art. 77 of the Labor Code of the Russian Federation.

If the reason for dismissal (in connection with retirement) does not appear in the application, then the employer will have the right to demand work from the pensioner.

The Labor Code of the Russian Federation clearly states that the dismissal of a pensioner without the agreement of the parties in most cases will be considered by the court as age discrimination.

Upon dismissal at the employee's request when it is due to the inability to continue work, as in other cases, one must refer to paragraph 3 of Art. 77 of the Labor Code of the Russian Federation. Moreover, if the letter of resignation contains the phrase "due to retirement", then the employer must dismiss the future pensioner within the period specified in the application, without the two-week working time required in other cases.

The entry in the work book must fully match the content of the dismissal order, i.e. it indicates the number, date of the order and the reason for leaving - dismissed of his own free will with retirement (part 3 of article 80 of the Labor Code of the Russian Federation).

When is the old age pension granted?

A citizen is entitled to an old-age insurance pension subject to certain conditions described in Art. 8 of Law N 400-FZ "About insurance pensions":

• Achievement of the statutory: 60 years- men, 55 years- women.

  It is worth noting that some people can go on a well-deserved rest earlier (Article and Law of December 28, 2013 N 400-FZ). Lists of professions, jobs and organizations, taking into account which an early retirement pension is established, are approved by the Government of Russia.

• Availability less than 15 years. The bar for seniority is being raised in stages: in 2018 - 9 years and, adding one year at a time, will increase to 15 years by 2024.
• 30 IPK(individual pension coefficients). This requirement is also not introduced immediately: in 2018 - 13.8 points, with an annual increase of 2.4 until the specified amount of points is reached by 2025.

How to quit your job as a pensioner

The dismissal of a pensioner follows the same procedure as the dismissal of an ordinary employee, but with some nuances. They are associated with the concept "retirement". The interpretation of this concept by employers is not always correct, and they dismiss a pensioner in violation of labor laws.

If a pensioner goes to court, he can demand reinstatement in the workplace and payment of compensation for non-pecuniary damage.

To a working pensioner, dismissed in accordance with the law without his consent at the initiative of the employer(Article 81 of the Labor Code of the Russian Federation), all general guarantees provided by any other categories of employees are provided by law.

• Thus, when the staff is reduced, a pensioner is provided with a severance pay equal to the average monthly salary.
• At the same time, for the period of subsequent employment for this pensioner, the average monthly salary must be maintained for two months.

Leaving work at will

The departure of an employee on vacation in connection with the achievement of retirement age is not a dismissal. According to the norms of the legislation, this is the full right of a citizen to establish pensions. The dismissal of a pensioner at his request is the right to receive a pension.

The labor legislation of the Russian Federation does not establish a time period between the dismissal of a working pensioner at his own request and the receipt of the right to a pension. Such an employee may apply straightaway as soon as he was eligible to retire, and some time later. Moreover, the dismissal of an employee in connection with retirement must be made from the date indicated in the application.

The employer does not have the legal right to set deadlines for working off or refuse to dismiss.

Application for retirement

In the manner established in the Labor Code of the Russian Federation, a working pensioner, on his own initiative, writes a letter of resignation. In it he indicates:

• position and name of the employer;
• your position and full name;
• a request for dismissal, which indicates the date of dismissal.
• puts the date of submission of this application and his signature.

To avoid conflict situations, it is better for a pensioner to remove photocopy of the application, and ask the person accepting the application for registration to indicate on the second copy number and date incoming document.

Working 2 weeks upon dismissal

Dismissal in connection with retirement is a special case of dismissal at the request of the employee. Its peculiarity lies in the fact that the pensioner has the opportunity to quit on the day he wants, no 2 weeks notice about this employer, as in standard dismissal situations.

The dismissal of an employee of retirement age at his own request without working off is a benefit that is guaranteed to him by the Labor Code of the Russian Federation. Therefore, in the application it is necessary to write the reason in connection with which the dismissal will occur. In accordance with Art. 80 of the Labor Code of the Russian Federation, an employee can quit at will without working out prescribed 2 weeks due to circumstances that do not allow him to continue to work. Among these reasons, the employee's retirement is also indicated.

Employee benefits upon retirement

The benefits that are due to a retiree are similar to those due to an employee who has been laid off and has not reached retirement age. In accordance with Art. 127 of the Labor Code of the Russian Federation, a former retired employee, in addition to wages, has the right to receive vacation pay, which was not used during the period when he was in an employment relationship.

The collective agreement or other acts of the enterprise may provide for special payments for employees leaving for retirement. The amount of these payments is not regulated by law.

According to Art. 178 of the Labor Code of the Russian Federation, an employee dismissed due to staff reduction is entitled to severance pay in the average monthly salary. Until the moment of subsequent employment, the employee retains the right to receive this payment, but not more than during two months.

The law does not single out pensioners as a separate category and does not provide for any additional material guarantees, therefore the above rule applies to all employees.

Very often there are controversial cases around the provisions of Art. 178 of the Labor Code of the Russian Federation, which establishes the possibility of extending up to 3 months severance pay period. This is possible when a former employee who registered with the employment center within two weeks from the date of dismissal, due to the lack of a job that suits him, was not employed. For pensioners by age, this rule not common, because by virtue of Art. 3 Law No. 1032-1 dated 19.04.1991 "On employment in the Russian Federation" Employment authorities accept persons recognized as unemployed, and such, according to paragraph 3 of this article, pensioners by length of service or old age cannot be recognized. Consequently, only persons whose right to rest has come due to with a disability and provided that their state of health allows them to continue working.

Is it possible to fire a pensioner without his consent?

An employee of retirement age can be dismissed only like other employees of the enterprise, i.e. on a universal basis. There is no article in the Labor Code of the Russian Federation that gives the employer the right to get rid of an employee, just because his age exceeds the mark of 55 or 60 years.

The reasons for the dismissal of a pensioner, like any ordinary worker, can be as follows:

• in connection with the liquidation of the company (Article 180 of the Labor Code of the Russian Federation),
• at the request of the employee himself (Article 80 of the Labor Code of the Russian Federation),
• by agreement of the parties (Article 78 of the Labor Code of the Russian Federation),
• in other situations described in Art. 81 of the Labor Code of the Russian Federation (violation of their labor duties, low qualifications (required to be confirmed by certification), staff reduction, absenteeism, theft, presence at work intoxicated).

The status of a pensioner does not give any grounds for dismissal. Faced with illegal actions on the part of the employer, the pensioner has every right file a lawsuit.

Will working pensioners receive pensions?

According to the legislation of our country, a person retains the right to receive a pension even when he continues to work. But the possibility is being considered termination of payment pensions for working citizens. In 2016, the Ministry of Finance proposed to implement this measure in one of two ways:

1. for persons who continue to work regardless of the size of their wages - the complete abolition of the base part;
2. setting limits on the level of monthly income.

Already now, in accordance with article 26.1 of the law "About insurance pensions" a decision was made on for pensioners who continue their labor activity. To date, no official information has been made on payments for working pensioners. The issue of withdrawing pensions for workers is not yet being considered by the Government.

According to preliminary data, the return of indexation of pensions to pensioners who are employed, not provided.

Conclusion

The dismissal of a pensioner has its own subtleties that you need to know about in order not to violate labor laws.

• A working person should take care in advance about the approaching time. This concerns not only the process of establishing a pension in the FIU, but also the moment of dismissal in case a person wishes to leave the labor activity.
• The employer should know according to what rules an order for dismissal is drawn up in connection with retirement, what entries should be in the work book, how much to pay severance pay and other subtleties.

The Constitution and other laws guarantee the right of all people to a pension. There are the following categories (or varieties) of access to a well-deserved rest: old age, upon reaching a certain length of service in certain areas of activity and upon the onset of disability. In this article, we will consider each of these cases separately.

Dismissal due to retirement

The employer does not have the right to dismiss a subordinate in connection with his access to legal rest due to old age. Only the employee himself can quit his job on this basis. The procedure for dismissal on this occasion is no different from the termination of an employment contract of one's own free will. In both cases, the employee must write a statement. At the same time, according to Art. 80 of the Labor Code, it is absolutely not necessary for a pensioner to work out a two-week period. Based on his application, an order is issued in the form T-8.

Dismissal in connection with retirement involves the following types of payments: wages for the period of time that the employee worked, as well as (if it was not used).

Many employers, with their internal orders and the collective agreement, establish incentives for pensioners. The amount of such allowance is also set by the head.

As for the work book, an entry about is made only once. In addition, the wording should be appropriate, that is, not just “of one's own free will”, but with the addition of the phrase “in connection with retirement” and in no case “retirement”.

Achievement of a certain length of service

Some types of employment, according to the law, give the employee the right to receive a pension ahead of schedule (for example, work in harmful or special conditions). That is, to enter a well-deserved rest, a person does not need to wait for the onset of retirement age. Dismissal in connection with on this basis is also identical to the procedure for leaving an employee at his own request.

Onset of disability

Depending on the situation, the law offers two options:

1. If an employee has completely lost his ability to work, he must be dismissed under Art. 83, paragraph 5 of the Labor Code. As for the documentation, the employee must present a certificate of disability with the assignment of a group to him and the application must be written in the T-8 form, as the basis is indicated by a certificate of disability.
2. Another situation is dismissal from a position due to the lack of work that the employee is not forbidden to perform for health reasons. Then the dismissal in connection with the exit should be made on the basis of Art. 73 TK.

Upon dismissal, the employee, in addition to wages and payment for, must also receive and (in an amount equivalent to two weeks of earnings). If the employee was on sick leave, then he must also be fully paid.

Now you know how to fire a pensioner according to the law. Basically, such a procedure is not much different from dismissal of one's own free will, but in some cases there are certain nuances that must be taken into account.

29.06.2017, 14:52

An employee of the organization is preparing to retire and has communicated his intentions to management. The personnel specialist was faced with the task: how to formalize the dismissal in connection with retirement? Our experts will tell personnel officers how to properly dismiss an employee who is leaving for a well-deserved rest.

Advance notice is not necessary

In general, this circumstance should not cause concern to the employer. After all, having personal information about an employee, it is not difficult to calculate the day when such an employee can retire. Recall that at present the retirement age in Russia is (Article 8 of the Federal Law of December 28, 2003 No. 400-FZ):

• for men - 60 years;
• for women - 55 years.

Resignation due to retirement can only be done once.

Only the employee who leaves due to retirement for the first time can quit without working off. You can check this by looking at the employee's work book. If there is no corresponding record, then the employee may not work for two weeks before dismissal (subparagraph “b”, paragraph 22 of the decision of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).

According to the Labor Code, dismissal is allowed when men reach 60, and women - 55 years. Along with this, the regulations provide for the possibility of continuing professional activities by persons older than the specified ages. The rules stipulate the rights of subjects retiring. They must be strictly observed by the employer.

Additional categories of workers

The legislation provides for a list of activities that are allowed to be carried out only up to a certain age. Among them:

1. Employees. In accordance with Federal Law No. 79, only citizens under the age of 60 can be in such positions. If the employee is considered to be in demand in the institution and expresses a desire to continue his activity, in agreement with the management, he can remain at work. However, this is only allowed until the age of 65.
2. Police officers. The dismissal of a serviceman can, at his request, be carried out at different ages, depending on the rank. For example, a colonel-general ceases activity no later than 65 years, a lieutenant-general - 60 years. A citizen can be in the rank of colonel up to 55 years. For other citizens, the age limit is 50 years.
3. Teachers. Citizens up to the age of 70 can engage in teaching activities in the system of general education in Russia. If the teacher works at a university, then the age limit is reduced to 65 years.

Citizens' rights

According to the Labor Code of the Russian Federation, the dismissal of a man or woman, if they are 60 and 55 years old, respectively, is not the responsibility of the employer. Moreover, the law does not allow termination of the contract at the initiative of the employer due to the achievement by citizens of the specified ages. The employee is given the opportunity to independently choose the day on which he will write a letter of resignation in connection with retirement. At the same time, he will not need to work out 2 weeks provided for other categories of citizens.

However, this rule applies if the dismissal is issued for the first time. If a citizen decides to subsequently re-enter the enterprise, then upon termination of the contract, he will have to work for 2 weeks. In addition, the employer is not entitled to transfer the pensioner to a fixed-term contract on his own initiative. However, if a citizen enters a new place of work, then the signing of such an agreement will be justified. In accordance with the Labor Code of the Russian Federation, dismissal involves the accrual of certain compensations. In particular, the employer must give the citizen an amount equal to his average earnings for three months.

Procedure

Dismissal in connection with retirement is carried out in several stages. First of all, a citizen writes an application addressed to the director of the enterprise. It expresses the intention to stop the activity of one's own free will. The head signs the application and issues an appropriate order. Based on this act, the accounting department performs the necessary calculations. In the personnel service, an entry is made in the labor. In it, in particular, it is indicated that the dismissal was carried out in connection with retirement.

Application features

The document is drawn up taking into account the general requirements of the law. When drawing up a letter of resignation in connection with retirement, a citizen first of all indicates the addressee. It is the head of the company. The following is the name and position of the author of the application. The content of the document is quite simple. As mentioned above, this indicates a request to dismiss at will. At the bottom of the application are the date of compilation and signature. If the dismissal is not the first after reaching retirement age, the law prescribes working for 2 weeks. However, the rules allow changing this period by agreement of the parties. The completed and signed application is transferred to the accounting department. Here the document is assigned a number. After that, the application is submitted to the head for signature.

Director's order

It is compiled according to f. T-8. This is a unified form of order, which was approved by the State Statistics Committee. It is worth saying that this form is considered obsolete today. Meanwhile, there are no provisions in the current legislation regarding the preparation of an order in a different form. Most personnel officers adhere to well-established generally accepted rules. The order contains the following information:

1. Number of the contract (employment contract).
2. Actual date of termination.

Important point

The order may use the concept of "termination" or "cancellation". You should know the difference between these terms. The concept of "termination" is used in case of violations in the execution of the contract, in the event of force majeure, as well as in the event of urgent termination. It follows from the above that this term cannot be used when dismissing a pensioner. The most appropriate for this case would be the concept of "termination".

Retirement payouts

The legislation contains fairly clear instructions regarding the accruals that should be carried out upon termination of the contract with the employee. First of all, payments upon dismissal include unpaid wages for hours worked, as well as compensation for unused rest days. The latter refers to those who have been operating for 11 months. and more. Other incentives and compensations may be provided for in the contract or industry regulations. For example, in the event of a reduction or liquidation of an enterprise, a pensioner is paid an allowance equal to the average earnings for three months.

The actions of a staff member

When a pensioner is dismissed, the employees responsible for paperwork need to carry out a number of operations. First of all, the personnel service transfers personalized data to the FIU. In addition, the duties of employees include:

1. Filling out an employee card.
2. Making an entry in the Book of Registration of Dismissals.
3. Correction of information in the Journal of accounting of work books.

Changes in the rules

Federal Law No. 400 made several adjustments regarding the insurance part of the pension. A number of important points should be noted here. First of all, the innovations concerned the insurance experience. At the initial stage, it is set at a size of 6 years. Subsequently, this figure should gradually increase. As a result, he must reach 15 years. In Federal Law No. 400, in addition, such a concept as a pension coefficient is used. This indicator is set individually for each citizen. With the help of this coefficient, the payments provided for by law are calculated. At the initial stage, it is equal to 6.6. Over time, it is expected that the coefficient will reach 30.

Additionally

Law No. 400 states that in order to receive a full pension with all supplements, it is necessary to work for at least 30-40 years (depending on the type of activity). This circumstance forces citizens to continue to fulfill their professional duties even after they reach the appropriate age. In this case, people strive to gain the necessary experience to obtain maximum coefficients. At the same time, pensioners carry out their professional activities without any privileges, and they are dismissed on a general basis.

In Russia, at present, the percentage of working citizens whose age is already more than 55-60 years old is quite high. There are especially many such citizens in the field of education. Meanwhile, not every person feels the strength to continue professional activities.