The issue of retirement is very concerned about both the employees of pre-pension or retirement age and their employers. To a greater extent, due to the fact that neither the one nor the other party want to be deceived or to admit the gross violation regarding the labor legislation of the Russian Federation. Although essentially there is nothing complicated and incomprehensible in this matter. The dismissal of a pensioner is a regular working time with small distinguishing nuances that we will consider in this article.
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As you know, in Russia in the near future do not plan to change retirement age Neither for the male population, nor for women. And, therefore, men can still quit in connection with the onset of retirement age after the execution of 60 years, and women after overcoming the age-related border of 55 years (by the way, this is the earliest period of the retirement age compared to other countries). Pay attention to the word "can", i.e. The accomplishment of this action, namely the dismissal, should occur only at the request of the newly minted pensioner and only so. And this fact should not depend on the will and preferences of the employer. In any case, it says the article 80 TC RF.
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Thus, it turns out that if you are already approaching the retirement age, or we are already worthwhile to wear the proud status of the honorary pensioner, you can write an application for dismissal at your own request. Do you really want it? Of course, if you are full of vital energy, you will be honored in a team and health does not need calm and not overloaded working troubles of life, then continue to work further, as they say, "for the benefit of the Fatherland" and transfer their invaluable experience with young personnel.
However, if the situation is the opposite and you do not want to continue labor relations, you can write an application for dismissal at any time, where you must specify the reason for this decision in the form of a phrase "in connection with retirement". It is this reason that will allow you to avoid two-week working, as usual this happens when dismissal by your own decision. Date specified in your application, and will be a day of dismissal.
Some features of the dismissal of the retirement workers may be stipulated in the enterprise's collective agreement, for example, the possible transfer of a pensioner to light labor, providing additional leave at its own expense, providing material payments to achieve retirement age, etc. However, they will be illegal, and therefore, not valid, if they infringe upon the rights of the employee and forcing him to dismiss.
After signing the director of the company's application and order for the dismissal of the employee, where the cause is the onset of the retirement age (as, however, and when dismissing, not related to age), it will consider compensation for unused vacation (if any) and make a note.
As with any other dismissal, the employment record is recorded on the dismissal of the employee at his own request, according to paragraph 3 of Article 77 of the Labor Law of the Russian Federation, only with one difference, namely, the specific reason for dismissal is indicated, i.e. In connection with retirement. Thanks to this mark, the employee may further receive certain benefits provided by the laws of the Russian Federation. Mention of retirement can be seen in the employee's personal card, which can be obtained when dismissal.
There are no rare cases when the retiree fired at the new place of work or the same, but with other working conditions. This fact is not a reason for the cancellation of payments of pension calculations. The only thing he can no longer be dismissal from this workplace just to leave and do not work out for 2 weeks. Those. It can no longer indicate the reason for dismissal retirement.
As you can see, everything is quite accessible to understand. Learn and use your legal rights, do not allow you to mislead, and our portal is always ready to help you in any matters.
An example of a statement for the dismissal of a pensioner here.
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