Why are working retirees advised to resign before November 2020?

Is it time for retirees to retire?

This news is really interesting and deserves close attention. First of all, because there are no reasons for mass layoffs. There must be serious reasons and compelling justifications, and such cases must be in the media. But there is nothing.

We found several articles related to this topic. All provide information that if pensioners do not resign by November of this year, they will lose their pension payments for three years.

New laws from November 1, 2020. Who will be affected by the changes?

They write on the Internet that a new legislative project has been presented, as a result of which working retired citizens will not receive all the pension points that they have accumulated for the period from January 1, 2020 to January 1, 2020. Because of this, working pensioners must urgently quit .

This is the rationale for mass layoffs.

How to write a voluntary application for a pensioner in 2020?

The application at your own request is made in writing in any form. The order of entries is subject to the rules of office work:

• in the upper right corner the name of the manager's position, the name of the organization and the full name of the head are indicated sequentially, then below the position and full name of the applicant, his personnel number;
• in the center of the sheet, with a lowercase letter, the word “statement”;
• below is the text of the application itself with a request to dismiss at one’s own request, indicating the reason and date of dismissal;
• date and personal signature of the applicant.

The reason for dismissal must be reflected in the form “in connection with retirement” in order to be sure that work will not be required. In turn, the personnel service employee is obliged to check this basis using the work book to see if a similar entry has been made previously. If it is available, the pensioner is recommended to rewrite the application and not indicate the reason for dismissal; in this case, the termination of the employment contract is carried out on a general basis.

Particular attention should be paid to the date of dismissal indicated by the employee. There are two spelling options:

• “I ask you to dismiss me on May 23”, then the last working day will be May 23, the dismissal is made on May 24;
• “I ask you to dismiss me on May 23”, then the date of dismissal is exactly May 23 and all procedures related to it must be carried out on this day.

Application for resignation of a pensioner at his own request without service

Debunking the rumor

Let’s say right away that the mass layoff is just another “canard.” And we can give some reasons about this:

1. If this were true, such news would not have bypassed federal channels and would have been widely covered in the media. But there is not even a mention of this.
2. Try asking yourself the question: how will pension points be cancelled? Starting from 2020, there is no indexation of pension benefits for working pensioners. They have the exclusive right to recalculate benefits in August of each year. What kind of cancellation are they talking about if working during a period of well-deserved rest does not affect the number of points? Each year, only the cost of the point increases, but not the number.
3. Monitoring by the Pension Fund of Russia over the past three months has shown that the confiscation of points is yet another fiction.

Thus, no one will cancel their pension points; you don’t need to quit unless you want to.

What is mandatory work after dismissal?

Contrary to popular belief, the law makes no mention of mandatory two-week work for an employee after dismissal. At the same time, in Art.

80 Part 1 of the Labor Code only says about the employee’s obligation to notify the employer in advance of his desire to terminate the employment contract.

To do this, he must submit a written resignation at least 14 days (or 2 calendar weeks) before terminating the employment contract.

The two-week period begins to count from the day following the date of filing the resignation letter (even if the specified day falls on a weekend). For example, an employee submitted his resignation on June 4th. 2 weeks start counting from June 5th. June 18 will be the last working day.

For certain categories of employees, shorter (or, conversely, extended) notice periods have been established for terminating an employment contract at will:

• 3 days when the employee is on a probationary period (according to Article 71 of the Labor Code);
• 3 days for seasonal workers (according to Article 296);
• 1 month for company management (according to Article 280);
• 3 days for those employed under an employment contract for a period of less than 2 months (according to Article 292);
• 1 month for coaches and athletes with a contract period of more than 4 months (according to Article 348.12).

This provision protects the rights of the employer and allows him to properly prepare for the termination of the employment contract with his employee. In particular, during this time, find a replacement for the employee, transfer work from the resigning specialist to another specialist, complete projects started by the employee, etc.

The legislation also contains an indication of the possibility of dismissing an employee before the end of the period under review under Part 2 of Art. 80 Labor Code of the Russian Federation. The basis for termination of the employment contract in the cases under consideration will be the employee’s own desire.

The Labor Code provides for some situations when an employee does not need to wait for the expiration of any period to be dismissed (according to Part 3 of Article 80 of the Labor Code). The employer must dismiss the employee on the day specified by the employee in the resignation letter in the following cases:

• if he entered full-time study;
• upon his retirement;
• in other cases when the continuation of work duties is not available by law (for example, illness or transfer of a spouse to another region of work, etc.).

Thus, the Labor Code has provided pensioners with a certain benefit, which allows him to resign without working for two weeks.

Do I need to notify the PF of my dismissal?

By law, citizens are not required to give notice to Pension Fund representatives about their dismissal or employment. The information is transmitted by the employer, who submits monthly reports to the organization. The information is recorded on the personal account of each citizen.

But on the basis of Federal Law No. 400, people can contact PF employees to transfer information about their dismissal. To do this, you can personally visit a service branch or submit an application through State Services. The corresponding form is also available on the official website of the Pension Fund. But this does not in any way affect the rules and date of recalculation, so submitting an application in person will not affect the speed of indexation.

Rules for forming an application

If a citizen wishes to convey information about dismissal to PF employees, then they must draw up a statement in any form. The text contains personal information about the pensioner, and also indicates the last place of work. Information about the date of dismissal is provided, as well as a request for recalculation.

The document can be submitted in paper or electronic form.

Is it advisable to quit before or after your vacation?

Working pensioners, like other employees of the enterprise, have the right to annual and paid leave. If they decide to quit, then it is taken into account whether they have any vacation time. This takes into account the following features:

• if the vacation was taken out in advance, then some part of the citizen’s income will be withheld by the employer;
• if there are unused days, then compensation is paid along with the salary for the last period of work;
• if a citizen is already on vacation, then he can write a statement at any time and stop working.

The main labor benefits for pensioners include the opportunity not to work for the company for the required 2 weeks, therefore, after drawing up an application, a person immediately leaves the workplace without transferring the case to a new specialist.

The pension is assigned from the beginning of the month following the month during which the citizen resigned. Therefore, it is advisable to submit a statement at the end of the working period in order to receive salary for almost the entire month. Additionally, indexation will be carried out from the beginning of next month.

Rights and obligations of the parties under the Labor Code of the Russian Federation

When formalizing an employment relationship, the employer and employee agree to certain rights and obligations regulated by the Labor Code of the Russian Federation. In practice, deviation from these norms becomes a common cause of labor disputes with consequences in the form of dismissal.

Rights and obligations of the parties entering into an employment contract:

1. An employee’s assumption of a position implies his agreement with all job responsibilities specified in the signed contract.
2. Activities are carried out in accordance with strictly established times - working days.
3. The employer guarantees timely payment of wages in the amount specified upon hiring.
4. According to the Labor Code of the Russian Federation, parties to a transaction have the right to express a desire to terminate labor relations at their own request.
5. If management violates contractual terms or requirements of the legislation of the Russian Federation, the employee has the right to complain to the Labor Inspectorate or send an application to a judicial authority.

Attention! The rights and obligations of the parties to labor relations are protected by the legislation of the Russian Federation only if a formal contract is concluded. A civil law agreement deprives the employee of the opportunity to protect his own legitimate interests.

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.

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.

General rules for dismissal from service

The question to answer about the procedure for terminating an employment relationship is described in the provisions of Article 80 of the Labor Code. If a person makes such a decision, he needs to inform the management of the enterprise about it in advance. At the same time, the position and age category in which the person is located is not taken into account.

Reference! Most often, in advance it is understood in practice as a couple of weeks. During this time, the citizen must complete the work that he started. In addition, the company's management has time to search for a new employee.