According to the norms of Russian legislation, pensioners are persons who have reached 55 years of age for women or 60 years of age for men. If a pensioner resigns at his own request, the employer has the right to oblige him to work for 2 weeks. To avoid this, the employer should take into account certain nuances.
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The legislative framework
The entire dismissal procedure must be carried out in accordance with the articles of the Labor Code. Thus, a resigning employee can refer to Article 80 of the Labor Code of the Russian Federation, which clearly describes all situations when a person is required to undergo two-week work, and when it is permissible to terminate full-time work on the last working day.
Also, working pensioners can refer to Federal Laws No. 173 and No. 166, which describe all types of pension benefits provided to both working and retiring citizens.
However, these legislative acts do not provide clear explanations about what type of pension provision is necessary to receive dismissal benefits, which creates the need for judicial resolution of the conflict that arises when it is impossible to reach an agreement between the employee and the manager.
Do you need to notify management in advance of your intention to resign of your own free will?
The Russian Labor Code obliges most employees to warn about their desire to quit in advance, namely, 2 weeks before leaving. And this provision of the law is beneficial not only to the employer, who during this time will have time to select a new employee to replace the departing one, but also to the employee himself.
Along with this norm, the Labor Code of the Russian Federation also contains a norm that any employee, after filing an application, has the right to change his mind about quitting and withdraw his application. This can be done until the last working day. The only limitation of this rule is a challenge in writing to another employee, whom management does not have the right to refuse to hire.
Is it possible for a working pensioner to quit in one day?
Since Article 80 of the Labor Code of the Russian Federation clearly defines that employees can exercise the right to dismissal in certain life circumstances that do not allow them to continue further work, citing as an example such a circumstance as retirement. Here it becomes obvious that this rule will not apply to those employees who are already pensioners and did not quit when they retired, but continued to work under the same conditions.
Thus, working pensioners are required to notify their manager of their dismissal 2 weeks before the date of dismissal.
Explanations from Rostrud
Dismissal of a pensioner without working for two weeks: explanations from Rostrud - each case of dismissal falls into a certain category, which has its own deadlines.
Conflict situations do not always arise in the process of severing labor relations between a boss and a subordinate. Most often, the procedure takes place in accordance with current legislation and allows the pensioner not to work for a two-week period.
Thus, the following can count on the absence of work during the normal dismissal procedure:
- all persons recognized as pensioners. In this case, the type of pension provision does not play a special role;
- citizens who have reached an agreement with the manager allowing the resigning person not to work out the required term. At the same time, this fact must be documented to avoid possible consequences;
- people who previously stopped working due to retirement, but resumed it again. If there are compelling reasons provided for by the legislation of the Russian Federation, such citizens may leave work on the day the employment contract is terminated;
- citizens whose work record book does not contain a record of dismissal due to retirement. This rule also applies to cases where this was the main reason for dismissal, but it is not reflected in the work book.
It is worth noting that when you are fired or given a new job, you must carefully check the wording that was included in the Labor Code, since the final length of service and entitlement benefits may depend on it.
When it comes to military retirees, the focus is on the hiring process. If:
- the person got a job before he retired, then the dismissal occurs without working;
- the employee was accepted into the organization after being assigned the status of a military pensioner, then the employer has the right to demand two weeks of work.
Also, military retirees may face the problem of receiving benefits due after dismissal if he has already used them.
Most often, the final decision on working time is made by the employer himself. This is due to the lack of clear instructions in the legislation depending on the type of pension.
Dismissal of a pensioner: is it necessary to work for 14 days? Law, requirements, rules and recommendations
Dismissal is a process that brings great inconvenience to many employers. And not related to the search for new personnel. Not at all. Upon dismissal, responsibility comes, which falls entirely on the management. As a rule, failure to comply with established standards entails administrative or criminal liability. The most questions arise when a pensioner is dismissed. Does such a person need to work 14 days? Or is it just enough to write a statement and leave? All the features and nuances of this issue will be discussed further!
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.
If you apply before retirement
Often, employees use the right to be exempt from working for pensioners by submitting a letter of resignation some time before retirement age - before their birthday.
In this case, the working pensioner is also exempt from the need to work the 14 days required by law upon dismissal. Since from the day of birth, when a woman turns 55 and a man 60, they automatically become the owners of benefits and are exempt from working.
Payments and compensations
On the last working day, a full settlement must be made with the pensioner, in which he is paid:
- remuneration for time worked in the last month;
- compensation for vacation that was not used;
- severance pay for several months if the dismissal was due to staff reduction.
Other payments are made at the discretion of the employer and taking into account additional agreements concluded within the company.
It is worth considering that all bonuses and additional payments specified in the contract are also paid. If there is an agreement between a working pensioner and management, then payments include the entire list of what is prescribed.
Peculiarities
Each type of dismissal has its own characteristics that are worth considering. Each option for terminating the contract has its own payment procedure, which is regulated by the procedure for dismissal of a certain nature.
At your own request
At his own request, a pensioner can leave any job to retire, but in this case this must be an initial transition. You cannot retire twice. Therefore, processing has its own deadlines for each case.
Retirement does not have a working period. The application is written with the wording “in connection with retirement.”
If there is a secondary dismissal after retirement, then the work will take place as standard, that is, the period is 14 or 3 days, depending on the indication in the application that the person is a working pensioner.
By staff reduction
The staff reduction procedure allows retirees to resign on general grounds, since they are the same employees as other categories of workers. This allows them to receive all payments or the provision of new jobs.
Temporary disability
If a retired citizen resigns and at the same time wants to leave the position without working, then you can use another option. The Labor Code allows employees to write a statement if they are absent from work for a valid reason. This should include not only vacations, but also illnesses. If the employee has a sick leave certificate in hand, then the answer to the question of whether a working pensioner should work for two weeks upon dismissal will be negative.
However, in such a situation, the application should be sent to the employer by registered mail. There is no need to personally convey the notification to the management of the organization. Also, if you wish, you can draw up an order for a relative or friend in writing and use the services of a third party.
It is worth noting that the application can be written before going on sick leave.
Employer's liability for violations
If the manager did not comply with the standards prescribed in the Labor Code when dismissing a pensioner, then the person can go to court.
If there is evidence, the court may oblige the manager to pay the pensioner moral and material damages, as well as apply penalties in the amount of 30,000 to 50,000 rubles. It is also possible that disciplinary action and suspension from work for a certain period may be applied.
Most employers do not strive to fire retirees, but to transfer them to other positions in order to obtain greater profits due to the person’s existing knowledge. However, if there are necessary reasons, the employment contract with a pensioner can be terminated at any time.
At the same time, there is not always a need for mandatory two-week work. If a person indicates retirement as the reason, then the period of service is canceled.
