Do pensioners work 2 weeks upon dismissal?

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.

What should you do if they don’t let you go?

You need to complain to the authorities involved in the control and supervision of relations regulated by labor law. Competent in this area:

labor inspectorate;
prosecutor's office;
court.

You can file a complaint, or you can file a claim for termination of the employment contract and recovery of various types of compensation. Thus, a pensioner who is really going to retire has every right to leave the organization of his own free will and without working off.

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Retirement age is not an obstacle to the work of citizens. That is why many older people continue to hold office as long as their health and strength allow them.

The Labor Code does not prohibit older employees from working; moreover, it protects them from unlawful termination of a contract due to retirement. But what about those who want to retire? Let's understand the nuances of the procedure and put an end to the issue of the need to work out.

Debunking the rumor

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

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.
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.
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.

Procedure for terminating an employment contract

The dismissal of a pensioner is not much different from the resignation of any other employee, since employers are prohibited from using age as a reason or basis for terminating an employment contract. It will be possible to part with an elderly employee within the framework of the law only on the general grounds provided for in Article 80 of the Labor Code of the Russian Federation.

What may serve as a reason for terminating the work activity of an older worker?:

Dismissal at your own request;
Care with the wording “in connection with retirement”;
Termination of the contract by agreement of the parties;
Reduction of staff or liquidation/bankruptcy of an organization;
Inconsistency with the position held based on the conclusion of the certification commission;
Inability to work in the presence of a medical certificate.

The Labor Code provides for the right of an employer to dismiss an employee on its own initiative, however, there must be serious reasons for this. At the same time, the pensioner is necessarily offered an alternative to an easier type of work. If such a proposal is rejected, the procedure for terminating the employment contract is initiated by the organization itself.

How many days is the working day?

By law, an employee must notify his employer of his desire to resign two weeks before the expected date of departure. As an exception, service upon dismissal of a pensioner is not mandatory .

In other words, an older employee has the right to apply and terminate his or her employment on the same day if the wording “in connection with retirement” is used.

The total working period is the same for all employees and is exactly 2 weeks. This rule is not mandatory for employers: if you can agree with your boss about leaving on the day you submit your application, you will not need to wait 14 days. In cases where management remains adamant, the pensioner has no choice but to fulfill his obligation and come to the workplace until the end of his term.

Proper dismissal

When deciding to leave their job, many retirees have the question “How to resign correctly?” To quit your job, you should write a statement of your own free will, or sign an agreement with the employer.

As a rule, pensioners resign using a statement of their own free will. It is worth noting that the law prohibits dismissing pensioners due to age inadequacy, therefore, many employers use the two methods described above. Most often, conscientious employers offer the pensioner to enter into a bilateral agreement, which offers various payments and compensation to the dismissed pensioner. This method of dismissal is the most beneficial for both parties.

When can you get a job again without losing your indexed pension?

The employer includes in the report to the Pension Fund all employees who worked during the last calendar month. It does not matter, even if the person has not worked for a full month.

“Therefore, for indexation, a pensioner needs to be listed as unemployed for at least a whole calendar month (for example, if he quit on July 31, then subsequent employment can be arranged no earlier than September 1),” Irina explained.

The good news is that the indexed pension remains valid even if the pensioner decides to go back to work .

Do working pensioners lose a lot of money?

The lack of funds in the state budget negatively affects all representatives of vulnerable segments of the population, and pensioners are no exception. The innovation, which was introduced into the pension system back in 2020, radically changed the procedure for recalculating subsidies formed from the receipt of funds from insurance premiums for the last 12 months of work experience. This procedure is limited to three pension points.

The peculiarity of the recalculation lies in its automation; pensioners do not need to fill out a special application and personally come to the Pension Fund of Russia in order to submit the written document. Recalculation is carried out automatically annually in August. It follows from this that when working a full calendar year (from January to December), working pensioners will be able to receive the first payment only after 7 months, during which time the bonus for the period from January to July is lost.

If the pensioner is nevertheless fired, then all coefficient values missed during the period of work experience will be automatically restored. The disadvantages of this system include the fact that a working elderly person who has retired cannot receive any subsidies and benefits that are allocated to non-working pensioners.

The level of material losses or their absence directly depends on the citizen’s salary. Simple calculations make it clear that you can only make a profit and not a loss with a salary of 22,500 rubles. Otherwise, it is easier to receive all due pension benefits, which will be assigned to the calculated pensioner after indexation of payments.

Legislative nuances of settlements after dismissal

The Labor Code does not provide for separate types of payments for pensioners who leave work. An older employee should expect all the same compensation as any other citizen.

However, in some organizations, local regulations include provisions for additional payments to resigning employees, so the amount of contributions depends on whether the employer has such a condition or not.

What should a pensioner receive upon termination of an employment contract?:

Remuneration for the period worked;
Compensation for days of unused vacation;
Severance pay in case of liquidation of the company;
Payments provided for by agreement of the parties.

The organization is obliged to make all payments due to the employee on the last working day, which depends on whether work is needed. In other words, if the employee is exempt from the 14-day notice requirement, payments must reach the bank account on the day the application is submitted.

Is it advisable to quit before or after your vacation?

Working pensioners, just like other employees of a particular enterprise, are entitled to paid leave. Many retirees who decide to quit are interested in the question of whether they are entitled to legal paid leave after dismissal, in the event that the leave was not implemented.

It is important to know that the following conditions are taken into account:

If the vacation was arranged in advance, the pensioner is entitled to vacation. However, some part of the funds allocated for vacation will be withheld by the employer;
If there are unused vacation days, the employer compensates them in a certain, fixed amount accrued along with wages;
If the pensioner is on vacation, he can write a letter of resignation during the vacation days.

It is worth noting that an important feature of a working pensioner is the absence of the obligation to work for 2 weeks after acceptance of the resignation letter. On the same day, the pensioner has the right to leave work without transferring matters to another specialist.

It is important for a retiring pensioner to know that the pension will be accrued at the beginning of the next month after dismissal. Therefore, it is better to quit at the end of the current month in order to receive your pension soon. It is also worth knowing that the subsequent pension will come indexed.

Dismissal procedure

An employee reaching retirement age is not a reason for dismissal. In such a situation, the manager can transfer the employee to another position, but this requires obtaining the written consent of the person himself.

In other cases, the severance of relations between the pensioner and the employer is carried out on a general basis, that is, on the initiative of one of the parties or by agreement.

In general, the procedure for terminating an employment relationship with a pensioner is no different from the usual one. The only exception is that the pensioner is given the opportunity to exclude two weeks of work.

If a staff reduction procedure is carried out, then pensioners have priority rights. In such a situation, the procedure for dismissal is as follows:

mandatory written notification of a person about the manager’s intentions. The fact that the employee has familiarized himself with the document is confirmed by a signature;
issuing a decree and introducing changes to the staffing table, in which the position previously occupied by the pensioner should be absent;
familiarizing a person with other positions that suit his level of qualifications;
issuing an order (form) for dismissal if the pensioner refuses the offered positions in writing;

making a corresponding entry in the work book and making a full payment.

After this, the employment contract will be considered completely terminated.

The need and duration of testing may vary depending on the situation:

if a person wrote a letter of resignation, justifying it by retirement, then he should not work for a two-week period;
if the application contains the wording “I ask you to resign at your own request, as a working pensioner,” then you must work for three days;
if the application contains only a request for voluntary dismissal without indicating the retirement age, then the work period is 2 weeks;
if the breakdown of the employment relationship occurs due to staff reduction, then the person can quit earlier than other employees, but for this it is necessary to obtain an agreement from the employer.

Sample application:

Regardless of the reason for dismissal, the pensioner can independently agree with the manager to cancel the period of service. This agreement must be documented in two copies and signed by each party.

Do I need to notify the PF of my dismissal?

Under current legislation, the employer transmits information to the Pension Fund about dismissed employees in a monthly report. After which the recalculation of the pension benefit begins. However, independent notification of the Pension Fund about leaving the place of work is also provided.

You can notify the Pension Fund by submitting an application through your State Services personal account. However, it is worth noting that independently notifying the Pension Fund of the Russian Federation about the termination of employment will not in any way affect the timing of the recalculation of the pension benefit.