When is it more profitable for a working pensioner to quit and what is the best way to leave work?

What is the best way to quit your job: at your own request or by agreement of the parties?

Dismissal of a person of retirement age is a very difficult issue, which is accompanied by many nuances. But if an urgent need arises, then what is the best way for a working pensioner to quit?

Before writing a statement and bringing it to the manager for signature, you should study all the difficulties so as not to get into trouble. As a rule, a working citizen of retirement age makes the decision to quit.

An employer cannot forcibly dismiss or oblige him to do so, since an article of the Labor Code prohibits such behavior towards an employee only on the basis of his age. Unfortunately, not all citizens are well aware of their legal rights, which is often exploited by unscrupulous employees.

A separate topic is “forced retirement.” This happens in cases where a working pensioner loses his professional skills and communication skills due to natural age-related changes in the body, but does not want to admit it.

In this case, its efficiency level does not exceed 5-10%, and this becomes unprofitable, since the company needs to retain the most promising employees who will bring it growth and prosperity.

Then the manager has the right to dismiss the employee for gross violations and mistakes. But usually the employee is simply made to understand how the situation really is, and then the dismissal is formalized by agreement of the parties.

In a general practice employment contract, the dismissal of a pensioner at his own request or by agreement of the parties is an equivalent process and does not have any additional beneficial component.

What does the law say about the dismissal of pensioners? Last changes

Until recently, in the Russian Federation the retirement age threshold was 60 years for male workers and 55 years for women. On July 19, 2018, the State Duma adopted in the first reading the Draft Law on Pension Reform in Russia, in which the retirement age was set for men at 65 years and for women at 63 years.

On August 29, 2021, President Vladimir Putin addressed the citizens of Russia, where he spoke in detail about all aspects of the changes proposed by the government in the pension reform, outlined his position and shared his proposals. One of his proposals is to reduce the increase in the retirement age for women proposed by the bill from 8 to 5 years, i.e. The retirement threshold for women will be 60 years.

READ THE PRESIDENT'S PROPOSALS ON PENSION REFORM IN FULL

In some cases, it is possible to receive pension social benefits from the state before the specified age. Such situations include the presence of a category of disability or, for example, the accumulation of a certain length of experience while working in certain professional fields.

An important point is that even after reaching the appropriate age, the pensioner does not lose the right to continue working.

Not a single legislative act of the Russian Federation defines advanced age as a basis for dismissal of a citizen. However, some employers, wanting to attract new and younger personnel, ignore the law. This is expressed in the dismissal of a working pensioner without obtaining his consent. This is considered a violation, in the presence of which you can safely contact the labor inspectorate or the judicial authorities.

More specifically, questions and nuances regarding the rights of working pensioners are disclosed in the following regulations:

paragraphs 80 and 81 of the Labor Code of the Russian Federation;
Federal legal act No. 400-FZ (“On insurance pensions”);
Law “On Labor Pensions in the Russian Federation” No. 173-FZ

Taking the legislation as a basis, we can say that pensioners have labor rights that are also vested in other working citizens. Accordingly, the procedure for completing professional activity in this case is carried out in a standard manner and on the grounds given in paragraph 77 of the Labor Code of Russia.

When is it better to quit: before or after vacation?

The HR department is required to provide the employee with information about the date of the last vacation in order to know whether he should work this time or not.
If not, then some part of the vacation pay will have to be returned. If the employee did not have time to go on vacation, then he is paid compensation. It is important to remember that if a pensioner is already on vacation, then he has the right to write a letter of resignation and continue to rest, without any further work . In addition, you can bring two applications to the employer’s desk at once - about vacation and about dismissal.

When is it better for a working pensioner to retire? In accordance with the law of the Russian Federation, a pension is assigned from the first day of the month following dismissal. Therefore, it is better to stop working at the end of the month.

This is convenient because the employee will be paid wages, and from the first day of the next month the pension will be indexed. If the employee quits on the first day of the current month, then the indexation of the pension will be carried out only after a month.

Will pensioners be able to work in 2021?

The legislation states that the calculation of pensions next year will not be affected in any way by whether a person is officially employed. This means that every working elderly person will receive the pension due to him in the amount determined by the state.

Any Russian, regardless of age, can work if they wish. There are many elderly people working in the country. Only by having a job can you guarantee yourself a decent income, since in most cases it is extremely problematic to feed a family on one pension.

Let us remind you: from 2021 it is planned to gradually increase pensions and introduce a new concept - “pre-retirement age”.

The Russians were reassured: there would be no need to make a difficult choice between working and quitting. There is no need to leave work, especially if the salary is significantly higher than the size of the possible pension.

Photo: pxhere.com

How to write an application correctly?

An application for resignation by a pensioner is written either in the general manner or on a special form issued by the personnel department. If a citizen has reached retirement age while working at this enterprise, then the application must indicate “in connection with retirement.”

If an employee gets a job at a company while being a citizen of retirement age, then he needs to write an application of his own free will.

When writing a letter of resignation, you must indicate the reason and your position. The date is set to be the last working day. Management has no right to refuse to accept an application. If this happens, the employee sends a registered letter with a statement to the address of the enterprise.

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Recalculation of pension after dismissal of a working pensioner in 2021

If, after being fired, an elderly person realizes that he wants to continue working and even looks for a new job, the situation with pension indexation develops in two directions:

If a pensioner has just started renewing his pension and returned to work, then the indexation of payments is cancelled. The pension benefit remains at the same level until the employee resigns and submits the required package of documents to the Pension Fund.
If the recalculation has already been completed, and the pensioner has even received the first increased pension, then new employment is not a reason to cancel such an increase. But you can’t count on the next indexing while it’s working.

If a pensioner does not plan to lose annual pension benefits (as of August 1), but also does not want to remain without work, the alternative is to find a job unofficially.

While the resignation letter has not yet been written and endorsed by the HR department, here is what a working pensioner might think about:

The annual calculation coefficient does not exceed 3. Within the established standards, the premium in 2021 is no more than 279 rubles.
After indexation of pension payments, you can find a job at your previous place of work, if the employer accepts.
It is advisable to control the work of the enterprise’s accounting department, otherwise the indexation of the pension after dismissal may not wait.
To find out what your pension will be after dismissal, you can order a certificate on the official website of the Pension Fund of Russia in your Personal Account.
If you want to re-employ yourself, it is ideal to quit on the last day of the current month, and re-conclude an employment contract 1 month from the first day.

The next percentage indexation of pensions is 6.6%, and is scheduled for January 1, 2021. So retirees at work have something to think about.

Video : Growth of the pension of a working pensioner after dismissal.

If an employee who has already retired due to age no longer wants to work, he can resign by expressing his desire. You need to do this:

he writes a statement addressed to the head of the organization;
in it he indicates the reason for leaving - “of his own free will to retire.” Attention If there is no such mark, then work is required.
an order is issued, a record of dismissal is made in the labor record;
receives a work book and full payment;
the employment relationship is over.

Russian labor laws do not stipulate how many times a pensioner can be fired upon “retirement”. There are two different points of view on this matter.

Some people believe that you can only quit once. A person’s status changes to “retired.” Therefore, he can resign on this basis only once.

On the other hand, the departure of an employee who has already reached a certain age is his retirement. Therefore, he can resign on this basis as many times as he likes.

Attention There are also judicial precedents regarding these points of view.

If a pensioner indicates in the application the reason for terminating the contract “in connection with retirement,” then he may not work the required 2 weeks. He can resign on any day convenient for him, and receive a full payment immediately.

The bosses and the working pensioner can reach an agreement on the conditions for the latter’s departure from his job. They need to be reflected in the agreement.

The initiator can be both the worker and the administration of the enterprise. It is important to reach an agreement in good faith and without pressure. A draft agreement can also be drawn up by one of the parties and offered for discussion. The document can reflect:

date of dismissal;
the amount of compensation payments;
working conditions or lack thereof;
other important points.

The advantages of such a dismissal are as follows:

terms discussed;
the possibility of receiving additional monetary compensation;
“convenient” date of dismissal.

It is imperative to prepare 2 identical documents - one for each side. Both copies are signed by both parties. On the agreement that remains at the enterprise, the employee must write “I received my copy,” date it and sign it.

Attention It is almost impossible to challenge such dismissal, since it is assumed that the agreement is signed in good faith.

Reaching retirement age is not a reason to fire a worker. However, such an employee can be dismissed under Article 83 of the Labor Code of the Russian Federation, which describes the reasons for termination of an employment contract due to circumstances beyond the control of the parties.

Information Of course, a pensioner is unlikely to be drafted into the army, but the basis for dismissal: recognition of an employee as incapable of working for medical reasons (clause 5 of Article 83 of the Labor Code of the Russian Federation), occurs quite often, and is quite applicable for pensioners.

You can also terminate your employment relationship with an employee of retirement age for all the reasons described in Article 81 of the Labor Code of the Russian Federation. Age is not a barrier to dismissal if the following conditions are met:

the company ceases its business activities;
the employee himself does not correspond to the position he occupies. Information This must be evidenced by the certification conclusion.
he violated the internal routine;
committed an illegal act at his workplace;
other grounds prescribed in Art. 81 Labor Code of the Russian Federation.

Attention If the worker is at fault, then the termination of the relationship must be properly formalized. If there is even the slightest mistake, the fired person will be able to be reinstated in the workplace through the court.

The procedure for terminating the contract is as follows:

an internal investigation must be carried out;
if a crime is committed at the workplace, the employee’s guilt must be proven;
written explanations must be taken from the perpetrator;
if necessary, remove him from performing labor functions;
issue a dismissal order. In it, indicate the basis, according to the article of the Labor Code of the Russian Federation;
The dismissed pensioner must be familiarized with the order. If he does not agree, he must still sign for acquaintance, but also indicate “disagree”;
on the day of dismissal, pay the dismissed person in full;
give him his work book and issue all the necessary documents. The work certificate is given against signature on receipt in the accounting journal.

It is possible if the enterprise ceases its activities, as well as on other grounds specified in Articles 77, 78, 80, 81 and 83 of the Labor Code of the Russian Federation. But the employer must follow the entire procedure.

An employee of pre-retirement age can be dismissed for these reasons at any time. A year remaining until retirement is not protection from dismissal.

There is no clear answer regarding multiple dismissals “due to retirement”. Judicial practice shows conflicting opinions.

The first opinion is that a working person’s status changes to “pensioner”. This happens once in a lifetime, when you reach a certain age. Consequently, you can resign “due to retirement” only once.

Another opinion is that an employee who celebrated an anniversary and retired due to age is already a pensioner. Every time he quits, he “turns” into a pensioner and retires. Then he can get a job again and quit again. That is, “retire.” Therefore, you can terminate the employment relationship on this basis as many times as you like.

When the employment contract is terminated, the pensioner must be given his work book, which must contain a record of the termination of the employment relationship. It is done by a HR employee. Depending on the grounds for dismissal, he will indicate:

own desire - 80 Labor Code of the Russian Federation;
agreement of the parties - 78 Labor Code of the Russian Federation;
employer's initiative – Art. 81 of the Labor Code of the Russian Federation indicating the point;

Attention The entry made must be certified by the “living” seal of the employer. The employee must also sign. This means that he saw the recording and is familiar with it.

Retirees in 2020-2021 are subject to the same severance conditions as other active employees. To terminate an employment contract, there must be a significant reason.

When downsizing, employers give preference to the most qualified personnel, and retirees, in turn, have extensive work experience.
The application must indicate the reason and date of dismissal. A pensioner has the right to resign due to retirement; he does not need to work for a two-week period.
The employer has the right to terminate the employment contract on the basis of Art. 81 of the Labor Code of the Russian Federation, if a pensioner neglects his duties or violates the provisions of the law. In this situation, you can fire a pensioner without his consent.

It is important to note that an employer does not have the right to dismiss an employee solely on the basis that he has reached retirement age. At the same time, compared to other employees, working pensioners are not provided with certain benefits.

The employer must know the following rules:

You cannot dismiss an employee because he has reached retirement age if he has not expressed such a desire;
in the event of a lawsuit, the employee will be able to be reinstated in his position with unpleasant consequences for the employer;
during liquidation, pensioners are dismissed from the organization on a general basis;
when an employee of retirement age cannot cope with his responsibilities in full, but does not want to leave work, the employer may offer to change his position or switch to part-time work.

Terms of dismissal from the company

As for the dismissal of citizens of retirement age, everything is extremely simple. In accordance with the Labor Code of the Russian Federation, a working pensioner can retire at any time. He is also not subject to various fines and sanctions, and the employer has no legal right to withhold him.

But there are three exceptions, in the event of which the employee has the right to dismissal within three days:

the employee wishes to resign during the probationary period;
the employee has signed a special contract, the duration of which is no more than two months;
the employee was hired for seasonal work.

Expert opinion

Irina Vasilyeva

Civil law expert

If the employee was hired as a pensioner, then he will resign following the general rules of the Labor Code.

Compensation for frozen pensions

As you know, starting from 2021 to this day, Russian working pensioners have lost the right to annual indexation of insurance pensions until dismissal. After leaving work, not only the indexation of the current year is restored for them, but also all indexations missed since reaching retirement age. It is easy to calculate that since 2021, 6 such indexations have already taken place .

But this compensation does not begin immediately, but approximately three months after the termination of the employment contract. This is the period required for your former employer to submit information to the Pension Fund, to verify the data provided to the Pension Fund and to actually recalculate the pension.

If you quit, for example, on April 30, you will be recognized as unemployed starting from May 1 and will thus receive the maximum benefit (both in the form of compensation for missed indexations of the insurance pension, and in the form of salary for the entire last month you spent at work). If you left your job in June, your indexation will be restored starting next month, but you will receive the money itself in September.

The compensation will not be added to your pension immediately, but only three months after your dismissal is recognized. This period is needed for the Pension Fund to collect and verify all documents confirming your legal rights. After the specified period, you will be paid compensation for 3 “test” months.

Moreover, if after some time you wish to return to work, the pension indexation already accrued to you will not be cancelled. But since you will again become a working pensioner, further indexation will be “frozen” until the moment when you want to quit again and the size of your pension will be indexed based on the accumulated pension points. There are no financial sanctions for re-dismissal . These are the general rules established for working pensioners throughout Russia, including Moscow and the Moscow region.

It is worth keeping in mind that you have the right to leave your job at your own request, but the employer does not have the right to fire you on its own whim. In particular, the law prohibits dismissing a pensioner because he has reached old age (except for those situations where there is a legally prescribed service life limit for a given profession or position).

Also, you cannot be forced to undergo two weeks of work, which is mandatory for other citizens resigning at their own request.

Example of calculating the increase

To find out how much your pension will increase after completion of work, you need to multiply it by the missed indexations.

Let's say the pension is 17,000 rubles.

2016 + 4% RUB 17,000 + 680 rub. = 17,680 rub.

2017 + 5.8% RUB 17,680 + 1025.44 rub. = 18,705.44 rub.

2018 + 3.7% RUB 18,705.44 + 692.1 rub. = 19,397.5 rub.

2019 + 7.05% RUB 19,397.5 + 1367.5 rub. = 20,765 rub.

The increase for 4 years of missed indexations will be approximately 3,765 rubles.

Prepared based on materials taken from open sources specifically for the site. Author: Andrey K.

How much does a pensioner lose while he continues to work?

Many citizens continue to work after retirement, since it is simply impossible to live on pension benefits alone. But in this case, working pensioners are left without annual pension indexation precisely because they continue to work. The moratorium on indexation for this category of citizens has been in effect since 2021.

It’s easy to calculate how much a pensioner has lost over the years due to such a freeze:

for 2021 - 4%;
for 2021 - 5.4%;
for 2021 - 3.7%;
for 2021 - 7.05%.
for 2021 - 6.6%.
for 2021 - 6.3%.

That is, over these years their pension could have increased by almost 38% if not for the current moratorium.

The only option to receive an indexed pension is dismissal and the pensioner’s transition to the non-working category. In this case, the pension will be recalculated and all indexations missed by the working citizen will be taken into account.

When can I get a job again?

A working pensioner can get a new job or return to his previous place of work, without even waiting for an increase from recalculation. The main condition: to be unemployed for a full calendar month. And immediately after the end of this period, you can get a job - the increase will not be lost. In this case, the terms of recalculation will be standard, and the increase will arrive in no less than 3 months (see the recalculation diagram).

For example, a pensioner decided to quit on April 25. In order for his pension to be indexed, he must not work until May 31 inclusive. Already from June 1, he can get a job, and he will not lose the increase from the recalculation. According to the recalculation mechanism, he will receive an increased pension in August, and along with it additional payments for May, June and July (since the right to indexation will be established from May 1).

Let us remind you that according to Part 8 of Art. 26.1 of Law No. 400-FZ, in case of resumption of work for a pensioner, the right to indexation is again “frozen” . He will receive the amount of pension that was due to him on the date preceding his employment.

On what grounds can a pensioner be dismissed?

All features of termination of a contract with employees are prescribed in the provisions of the labor legislation of the Russian Federation. The Labor Code does not provide for any exceptions to these rules for hired workers, regardless of their age. The only preference in force today for working pensioners is that he is not required to work a 2-week period when resigning at his own request.

Elena Smirnova

Pension lawyer, ready to answer your questions.

Ask me a question

At the same time, a person’s retirement age is not a basis for his dismissal. If an employee manages to prove in court that the only reason for terminating the employment contract was his advanced age, then the employer will be subject to a large fine. He will also be obliged to reinstate the pensioner in his position and pay him for all days of forced absence.

Among the legal grounds on which an employer can dismiss a retired employee, the Labor Code provides for the following:

Complete liquidation of the employing company.
Reduction of staff of the organization.
Inconsistency with the position held.
Change of ownership of the company (only applicable for some management positions).
Repeated violations of labor discipline, failure to fulfill work duties.

Often, with the advent of old age, an employee experiences various health problems - he begins to get sick more often, memory and general performance deteriorate. It is clear that it is more profitable for the employer to hire a younger and more hard-working person for this position.

Elena Smirnova

Pension lawyer, ready to answer your questions.

Ask me a question

To dismiss an employee who no longer meets the requirements of the position he occupies, the employer has the right to recertify him or force him to undergo a medical examination at a medical institution.

Based on the results of the certification, when an older worker does not meet the labor requirements, he can be offered a different position, or the employment contract with him can be terminated. In a situation where a working pensioner is not suitable for performing work duties for medical reasons, the employer is obliged to transfer him to an easier job.

If there are no such vacancies, the pensioner may be fired. When the new proposed job does not suit him, he has the right to write a letter of resignation of his own free will.

What payments are due to a pensioner upon dismissal?

After dismissal of his own free will or upon retirement, the employee is entitled to compensation payment for unused regular vacation.

If a pensioner is fired due to staff reduction or liquidation of an enterprise, he is entitled to the following payments:

Within three days, all remaining wages are paid for the days worked before the layoff.
Compensation for unused vacation.
Severance pay in the amount of one month's salary.
If, after being laid off, a citizen registers with the Employment Center, then the former employer pays him the average salary within 2 months.