The procedure for dismissal in Russia is regulated by the standards Labor Code. The event associated with retirement causes many questions from citizens. After all, long labor relations establish a certain specificity on the process of termination of the employment contract. First you need to know how to create a primary document to start the appropriate process. Consider how to make an application for dismissal in connection with retirement.
Legal norms
Pension is compensation for many years of work. Therefore, the employee of the "revered age" is given the right at any time to stop working activities. Despite this, it is absolutely optionally to use such privileges. Becoming a pensioner, it is possible to continue to work out work experience, because by law, the employer does not have the right to terminate the contract with the employee only for this reason.
Leading grounds for termination of labor relations are applied to any working citizen, including those who have reached retirement age. They are all spelled out in article 77 of the Labor Code of the Russian Federation.
Generally accepted rules
Summarizing the foregoing, we note the main nuances of such a procedure:
- The reason for the care of a well-deserved rest can only be the personal desire of the employee.
- Age defined by law does not give the employer the right to forced dismissal.
- It is excluded the usual two-week worker's working out if necessary to retire ( p.3 art. 80 TC RF).
- Detaching date is determined by a pensioner and fixed in the application.
- Any personnel combinations (conclusion of an urgent contract, move to other vacancies, etc.) are carried out only at the request of such an employee.
- In the submitted documents the intention to complete the career indicated wording "at his own request in connection with his retirement." The same record will be marked in the workbook. Note justify dismissal help further eliminate disputes, though not essential.
Please note: A staff retired in the future will be hired and fired, the record with the note "retirement" in the work book is no longer assigned.
exceptions
However, there are isolated cases, allows employers to deviate from the standard rules ( art. 81 TC RF):
- An employee of the categories of people falling under the age limit. For them, the law provides the ultimate retirement age:
- employees - 60 years;
- mVD - from 50 to 65 years, depending on the post;
- teachers - 70 years.
- liquidation authorizes the dismissal of pensioners on a common basis.
- May be transferred to a less complicated work, if the employee is framed old age group disability.
All the features of the termination of labor relations with the pensioners can be entered into a collective enterprise agreement. However, they do not contradict the principles of labor law and infringe on the rights of employees.
collective agreement template here.
collective bargaining agreement sample here.
Recommendations for the preparation of applications
Unified document form the legislation in this case is not established, but still should follow the general rules:
- Presence of caps required. It list the data:
- enterprise;
- the immediate supervisor;
- dismiss the pensioner.
- In the body of the application, in addition to specifying the phrase of resignation on his own initiative, append a good reason - in connection with his retirement. Be sure to include the date of termination of the employment contract.
- Refer to the article 80 TCTo justify the dismissal of the specified date without necessarily working out.
- Put the date and signature.
Be sure to register your application, put the head of the visa and make copies.
Download on our site:
- A statement on the dismissal of the pensioner;
- The completed sample application for dismissal of the pensioner;
- Blank order of dismissal (Form T-8);
- EXAMPLE order of dismissal (Form T-8).
Pension care is a respectful reason for dismissal. Therefore, problems should not be issued with this event. It is important to competently make an appropriate statement to comply with the regulations - then neither the leadership of the organization or the personnel will remain extra questions.