How can a pensioner quit his job without working out?

Today in Russia there is a fairly large number of pensioners who continue to work. But sooner or later you have to leave work for a well-deserved rest, and therefore many people have the question of how a pensioner can quit without working.

It should be noted that the procedure for dismissing a pensioner is no different if it is applied to an ordinary citizen and therefore two-week work is quite legal in relation to this group of people. But the legislation contains criteria according to which a pensioner can resign of his own free will without working off, and then all the nuances and features will be discussed in detail.

legal information

In the Russian Federation, all labor relations are regulated by the Labor Code and certain provisions of the Federal Law:

• if the issue of dismissal of a pensioner arises, then the main instrument in this case will be Article 80 of the Labor Code of the Russian Federation. This paragraph sets out clear requirements for which group of citizens can resign at their own request without mandatory two-week service;
• if controversial situations arise, for example, when a pensioner resigns due to reaching retirement age, and the employer refuses to dismiss him on the day of filing the relevant application or indicates mandatory service. The provisions on working hours are specified in paragraph 3 of Article 80 of the Labor Code of the Russian Federation.

ATTENTION !!! The clause clearly states the requirement that if an employee resigns due to reaching retirement age, he must be paid in one day if an application is submitted to management. If a pensioner resigns after having passed the retirement age threshold, then compulsory service in this case is legal, but its period is 3 days. It is worth noting that the employer can cancel this provision if an appropriate agreement is reached between him and the employee.

Popular reasons for dismissal

Dismissal due to retirement

A pensioner resigns himself in two ways:

1. At your own request. Then you need to work for two weeks.
2. Due to retirement. Then there is no need to work it out.

Dismissal due to retirement means that the employee does not expect to find a new job. In the application, he indicates at what time the employer must terminate the employment contract - for example, on the next working day. Then the employee must be paid.

You are allowed to write such a reason in the application once - see the explanation of Rostrud. If the employee gets a job again, the next dismissal will be at his own request - with working off.

Be sure to indicate in the T-8 order and work book the exact reason for dismissal.

Inconsistency with the position held

Some employees regularly confirm their qualifications: for example, accountants, doctors and crane operators. A failed certification is proof that the pensioner is objectively unable to cope with his or her job. This is already a good reason for dismissal.

Before dismissal, you are required to offer the employee a lower position. File a dismissal only if the employee refuses it in writing - clause 3. part 1 of art. 81 Labor Code of the Russian Federation.

Example of an entry in a work book:

Disciplinary offense

Let's say you notice that a pensioner is working ineffectively. For example, he arrives late, leaves early and does not meet the targets. If you simply fire an employee, a showdown with the labor inspectorate and the court is possible. To avoid them, all violations should be recorded. Prepare the following documents each time:

• an act drawn up in the presence of at least two witnesses;
• an internal memo (drawn up by the immediate superior of the offending employee or an entrepreneur);
• explanatory note from the employee.

Please note: the punishment must be proportionate to the violation. You cannot be fired for being 5 minutes late. The labor inspectorate will reinstate the employee and fine him under 5.27 Code of Administrative Offenses: individual entrepreneur - 1000-5000 rubles, LLC - 30,000-50,000 rubles.

But absenteeism is already a sufficient reason.

In what situations is dismissal without service allowed?

Today, based on the current labor legislation, the following criteria can be identified when work for pensioners can be canceled:

• when the employee reaches retirement age;
• if the company’s management made concessions and the parties were able to agree not to apply the 2-week work provision;
• if a citizen belonging to the group of elderly people has a justified reason to quit his job on the day of filing the application;
• provided that the pensioner is employed and has not previously been dismissed due to reaching retirement age.

It is important to know that the Labor Code provides for a benefit that guarantees that a pensioner can resign without working in 2021.

Dismissal of a pensioner at his own request without service

Dismissal of an employee of retirement age without service is a special case of termination of an employment contract at his own request. This opportunity is provided for pensioners in Part 3 of Art. 80 Labor Code of the Russian Federation.

If situations arise when an employee cannot continue working due to objective circumstances, the employer must terminate the employment contract with him on the specified day. One of these reasons is retirement. In this case, the grounds for assigning a pension are not taken into account. This could be a pension for old age, disability, long service, etc.

When applying the norm of Part 3 of Art. 80 of the Labor Code of the Russian Federation, two nuances need to be taken into account:

1. An employee can retire any day after reaching retirement age.
2. The right to dismissal without service due to retirement can be exercised once.

This rule literally means that an employee can leave the company without working either directly on the day his pension is assigned, or much later than receiving pensioner status.

Those employees who got a job while already retired can also resign without working off, but only if they have not previously exercised this right.

The procedure for dismissing a pensioner without service will be practically no different from the standard one, except for:

• lack of time to work;
• wording of the grounds for termination of the employment contract in the work book and order.

In this case, the pensioner also needs to submit an application for dismissal, on the basis of which an order is issued and a work book is filled out.

According to the instructions for filling out work books from the Ministry of Labor, if upon dismissal an employee received certain benefits, an entry about this, indicating the reasons, must be made in the work book. In this case, preference means dismissal of one’s own free will without service without a notice period, therefore the reasons for such benefits for the pensioner must be written down in the work book.

The following entry is made in the work book: “The employment contract was terminated at the initiative of the employee in connection with retirement, clause 3, part 1, art. 77 Labor Code of the Russian Federation." If in the future the pensioner gets another job, he will have to work for a two-week period along with the rest of the employees, since he will no longer be able to retire again and has exercised his right to the benefit. This will be confirmed by the entry in the work book.

An employer does not have the right to force a pensioner who quits due to retirement to work for two weeks.

If forced to work, the employee has the right to complain about him to the labor inspectorate and then the employer faces administrative liability. According to Part 1 of Art. 5.27 of the Code of Administrative Offenses, for violation of labor legislation, the employer faces a fine of 30-50 thousand rubles. for organizations and 1-5 thousand rubles. for officials and entrepreneurs.

In what situations is dismissal without service allowed for military pensioners?

The Labor Code of the Russian Federation clearly states the criteria for the dismissal of military pensioners:

• if the citizen was employed at his current place of work before he reached retirement age. In this situation, dismissal should be carried out without working off;
• if a person was employed at a current place of work while in the status of a military pensioner, then in this situation, the decision on compulsory service will be completely legitimate and comply with the law.

Terms of compulsory service

The period of compulsory service is prescribed in the Labor Code of the Russian Federation and is 2 weeks. Many people wonder why exactly 2 weeks. The answer is simple, the employer needs to find a replacement for the departing employee within a given period. At the same time, the organization’s management can significantly reduce this period if a new employee is found ahead of schedule.

It is necessary to note the fact that if the application indicates a dismissal date for another month, then the employee must fulfill his obligations in full for the entire period before dismissal.

How to make an application

The following points must be indicated in the application for voluntary dismissal without service:

• in the header of the document you must indicate the name of the organization and the full name of the head of the enterprise;
• then the title is written and below is the full name of the working pensioner and his position at the enterprise;
• then a letter of resignation is written;
• At the end of the document you must indicate the date and personal signature.

This is what a sample application looks like. It is necessary to ask an employee of the HR department (personnel management) to stamp the incoming message on the document. This is necessary if controversial issues arise.

The procedure for dismissing a pensioner at his own request

The procedure for dismissing a retired employee at his own request involves going through the following steps:

1. The pensioner submits a resignation letter of his own free will. It must be in writing and signed by the employee himself.
2. Based on the application, a dismissal order is issued in the T-8 form or in its own form approved by the company. The order indicates the date of dismissal, full name of the employee, his position, personnel number, grounds for dismissal (in this case it will sound like “The employee’s own initiative, clause 3, part 1, article 77 of the Labor Code of the Russian Federation”), details of the resignation letter and date of its provision. The employee must read the order and put his signature on it. If he is absent from work or refuses to sign the order, then a corresponding note is made about this (in accordance with Part 2 of Article 84.1 of the Labor Code).
3. A note on the termination of the employment contract at the initiative of the pensioner is entered into the work book and personal card in the T-2 form.
4. On the last working day, the final settlement with the pensioner is made. The compensation due to him includes salary for time worked and compensation for unused vacation.
5. Upon dismissal, the employee must be given a complete set of documentation , including a work record book, a certificate of the amount of earnings for two years of work, information regarding the transferred insurance contributions to the Pension Fund and a copy of the dismissal order (upon request).