Does a pensioner need to work 2 weeks upon dismissal in 2020?

Home / Dismissal and layoffs / The procedure for working out pensioners upon voluntary dismissal

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.

The legislative framework

The entire dismissal procedure must be carried out in accordance with the articles of the Labor Code. Thus, a resigning employee can refer to Article 80 of the Labor Code of the Russian Federation, which clearly describes all situations when a person is required to undergo two-week work, and when it is permissible to terminate full-time work on the last working day.

Also, working pensioners can refer to Federal Laws No. 173 and No. 166, which describe all types of pension benefits provided to both working and retiring citizens.

However, these legislative acts do not provide clear explanations about what type of pension provision is necessary to receive dismissal benefits, which creates the need for judicial resolution of the conflict that arises when it is impossible to reach an agreement between the employee and the manager.

Conclusions and recommendations

Working pensioners have the right to resign without compulsory two-week work , indicating that the desire to leave work is related to reaching retirement age.
This possibility also applies to early retirement and disability pensions.
You can use this right only once, although this unspoken rule can be challenged.

Author

Breslav Lev Andreevich

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Explanations from Rostrud

Dismissal of a pensioner without working for two weeks: explanations from Rostrud - each case of dismissal falls into a certain category, which has its own deadlines.

Conflict situations do not always arise in the process of severing labor relations between a boss and a subordinate. Most often, the procedure takes place in accordance with current legislation and allows the pensioner not to work for a two-week period.

Thus, the following can count on the absence of work during the normal dismissal procedure:

all persons recognized as pensioners. In this case, the type of pension provision does not play a special role;
citizens who have reached an agreement with the manager allowing the resigning person not to work out the required term. At the same time, this fact must be documented to avoid possible consequences;
people who previously stopped working due to retirement, but resumed it again. If there are compelling reasons provided for by the legislation of the Russian Federation, such citizens may leave work on the day the employment contract is terminated;
citizens whose work record book does not contain a record of dismissal due to retirement. This rule also applies to cases where this was the main reason for dismissal, but it is not reflected in the work book.

It is worth noting that when you are fired or given a new job, you must carefully check the wording that was included in the Labor Code, since the final length of service and entitlement benefits may depend on it.

When it comes to military retirees, the focus is on the hiring process. If:

the person got a job before he retired, then the dismissal occurs without working;
the employee was accepted into the organization after being assigned the status of a military pensioner, then the employer has the right to demand two weeks of work.

Also, military retirees may face the problem of receiving benefits due after dismissal if he has already used them.

Most often, the final decision on working time is made by the employer himself. This is due to the lack of clear instructions in the legislation depending on the type of pension.

Terms of dismissal and payment

According to the law, the employer is given two weeks to select a new employee to replace the resigning one. This period will not necessarily be so long.

If management finds a replacement faster, then it will be possible to terminate the employment contract early. If the employer already has another employee in mind, then he can agree to dismissal on any day. Much depends on the attitude of the leader towards the subordinate.

The duration of the work is also determined by the content of the application. For example, if a pensioner asks to be fired after a week, then the head of the enterprise does not have the right to terminate the contract with him earlier. A person is entitled to a salary for all days of work.

Full settlement with the pensioner (payment of salary, bonuses, sick pay, unused vacation, etc.) is carried out on the day of his actual dismissal. If a dispute arises regarding the amount of financial resources due to the employee upon termination of the employment relationship, then the employer is obliged to give the employee the money due to him by law within the specified period.

This is stated in articles No. 127 and 140 of the Labor Code of Russia. Also, the management of the enterprise is obliged to hand over a properly completed work book on the day of dismissal.

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.

Is it possible to force him, in what cases should he work for another two weeks?

Generally speaking, in most of the rest. But you can set some criteria. A pensioner will work 14 days if:

he can continue to work;
the employer insists on working off the employee without releasing the employee immediately.

Example: a man of retirement age decided to change jobs. He doesn’t retire, doesn’t move to another area, hasn’t entered a university, hasn’t even applied for it - he just wants to go to another company.

The employer believes that such an employee needs to work for another 2 weeks. And this is a correct opinion, from the point of view of the law.

In order not to work out anything, you need to have certain intentions and write a statement correctly.

Payments and compensations

On the last working day, a full settlement must be made with the pensioner, in which he is paid:

remuneration for time worked in the last month;
compensation for vacation that was not used;
severance pay for several months if the dismissal was due to staff reduction.

Other payments are made at the discretion of the employer and taking into account additional agreements concluded within the company.

It is worth considering that all bonuses and additional payments specified in the contract are also paid. If there is an agreement between a working pensioner and management, then payments include the entire list of what is prescribed.

If you apply before retirement

Often, employees use the right to be exempt from working for pensioners by submitting a letter of resignation some time before retirement age - before their birthday.

In Russia, the retirement age for women is 55 years old, for men - at 60.

In this case, the working pensioner is also exempt from the need to work the 14 days required by law upon dismissal. Since from the day of birth, when a woman turns 55 and a man 60, they automatically become the owners of benefits and are exempt from working.

Peculiarities

Each type of dismissal has its own characteristics that are worth considering. Each option for terminating the contract has its own payment procedure, which is regulated by the procedure for dismissal of a certain nature.

At your own request

At his own request, a pensioner can leave any job to retire, but in this case this must be an initial transition. You cannot retire twice. Therefore, processing has its own deadlines for each case.

Retirement does not have a working period. The application is written with the wording “in connection with retirement.”

If there is a secondary dismissal after retirement, then the work will take place as standard, that is, the period is 14 or 3 days, depending on the indication in the application that the person is a working pensioner.

By staff reduction

The staff reduction procedure allows retirees to resign on general grounds, since they are the same employees as other categories of workers. This allows them to receive all payments or the provision of new jobs.

Is a working pensioner required to work 2 weeks or not?

As a general rule, service upon dismissal of a pensioner is not required if he terminates his employment contract in connection with retirement. It is worth noting that such wording can only be used by an employee once. If after such dismissal he is employed in another organization, he will be able to leave again only of his own free will. Let's figure out whether an elderly person is obliged to notify his superiors 2 weeks in advance or not, based on the real situation.

Example 1. A working citizen reaches retirement age, however, continues to work in the same company. After some time, he decides that he wants to retire. By submitting the appropriate application, the employee has the right to be relieved of his duties on the same day and receive a payment.

Example 2. A new employee officially joined the organization after previously receiving pensioner status. After working there for some time, I decided that I wanted to terminate my employment contract. Having written a letter of resignation on his own initiative, he learns that by law he is required to work for another 14 days.

Read more about whether you need to work 2 weeks when a pensioner is dismissed here.

Rostrud's comments on this issue

Despite the comprehensive protection of older workers from harassment of their interests, they are regularly subjected to pressure and pressure from employers who do not want to comply with the law or do not know how to correctly interpret its norms. For those who are not entirely sure of the application of Article 80 of the Labor Code of the Russian Federation in relation to working senior citizens, Rostrud issued an official comment on whether work is needed when dismissing a pensioner and how many days it is.

Based on the recommendations of official bodies, employers must adhere to the following rules :

An employee has the right to terminate an employment contract due to retirement without work;
If the employee has already been dismissed for this reason, he has the right to leave at his own request, notifying the employer 2 weeks in advance;
If there are agreements between the parties, the organization has the right to release the pensioner from the obligation to work.

In relation to organizations that violate the requirements of labor legislation, financial liability in the form of a fine may be applied. In order to prove the guilty actions of his management, an employee whose rights have been violated must file a written complaint with the Labor Inspectorate office in his area.

Employer's liability for violations

If the manager did not comply with the standards prescribed in the Labor Code when dismissing a pensioner, then the person can go to court.

If there is evidence, the court may oblige the manager to pay the pensioner moral and material damages, as well as apply penalties in the amount of 30,000 to 50,000 rubles. It is also possible that disciplinary action and suspension from work for a certain period may be applied.

Most employers do not strive to fire retirees, but to transfer them to other positions in order to obtain greater profits due to the person’s existing knowledge. However, if there are necessary reasons, the employment contract with a pensioner can be terminated at any time.

At the same time, there is not always a need for mandatory two-week work. If a person indicates retirement as the reason, then the period of service is canceled.

Responses

You can quit without working for other compelling reasons. Such circumstances are, for example, the need to care for a seriously ill relative, leaving work for health reasons, sending your spouse to work in another region or in another country.

You can also resign without compulsory service while on vacation, provided that the two-week period between the day of filing the application and the date of official resignation fits within the vacation limits. He who seeks finds, and a person who wants to leave work as soon as possible has the right to achieve his goal legally, even if he is far from reaching retirement age.

Liquidation

Rarely, there are situations in which a company is liquidated. Accordingly, all employees will be dismissed. And regardless of age. How, in this case, will the dismissal of a pensioner be “activated”? Do I have to work 14 days?

It's hard to believe, but no. And it doesn’t matter whether the elderly person quits for the first time or not. When a corporation is liquidated, no one works out the allotted time. Therefore, this rule will also have to be remembered. It doesn't come into force very often, but it does happen.

Eternal beneficiaries

Elderly people in Russia are eternal beneficiaries. They have special rights in various areas. Therefore, the question arises: should a pensioner work for two weeks after dismissal?

To be honest, it’s impossible to give a definite answer. After all, everywhere, in addition to the rules established by law, there are some unspoken foundations. Therefore, everything is individual. But if we talk about what the law says regarding the dismissal of older people, then the situation changes radically, and some specifics appear. But with its own characteristics. In general, in our current issue, older people have their own benefits. Which ones exactly? What are they? And when can they act?

What is 2-week work

When they talk about two-week compulsory work, they mean the norm from Part 1 of Statute. 80 TK. In accordance with the first part of this article, a specialist is obliged to warn his employer about the upcoming termination of the labor contract (employment contract) at least 2 weeks in advance. The calculation of this period begins not on the day the application is submitted, but from the next date.

Thus, when it comes to ordinary employees, 2 weeks of work is mandatory for them. But does a pensioner have to work off when dismissed? After all, this is a special category of workers.

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Application in advance

But there are still some features of the process. For example, an employee will soon reach retirement age. He, not yet in pensioner status, writes a letter of resignation. Moreover, it indicates the period following the birthday. How does a pensioner’s dismissal occur in such a situation? Do I have to work 14 days?

No. After all, a citizen will have benefits for the first dismissal. Why? It does not matter when exactly the corresponding statement was written. If at the time of dismissal a person became a pensioner, benefits apply. After all, this will actually be the first time a citizen refuses to work as an elderly person.

It is illegal to demand work in this case. You can complain about your employer - he is violating the rights of his elderly subordinates. Therefore, you need to know all the features associated with the dismissal of pensioners. And for both the employer and the employees. So everyone will act only according to the law.

Step-by-step instructions for dismissing a pensioner

The procedure for terminating an employment contract at the initiative of a pensioner is subject to the usual rules of dismissal and consists of the following algorithm of actions:

The employee writes a statement addressed to the head of the organization about his voluntary desire to stop working due to retirement.
The manager reviews the application and endorses it to the personnel service or a specialist dealing with personnel issues appointed by order for the organization.
The personnel employee draws up an order based on the employee’s application and gives it to the applicant for review and signature by the manager. To avoid possible conflict situations, it is recommended to make a copy of the application and ask to put the date and number on your copy according to the incoming correspondence log.
After the order has been agreed upon, the HR specialist makes the appropriate entries in the employee’s personal card and work book. If an employee quits for the first time due to retirement, be sure to indicate it in the order and work book.
The order is transmitted to the accounting department for final calculations of all due payments.
On the day of termination of work, the pensioner is issued documents: a work book, a salary certificate and payments related to dismissal.

How to properly write an application for a pensioner?

Old-age retirement in Russia is carried out:

For men - at 65 years old;
For women - at 60 years old.

It is during this period that the employee has the right to go on vacation. The pensioner is not obliged to warn management about the decision not to work anymore in advance, and can submit his application even on the day of dismissal or on another day when he considers it necessary.

The application must be made in writing and must be made in two copies. It is given to the manager against signature, or sent by mail (by a valuable letter with acknowledgment of delivery).

How to write a voluntary application for a pensioner in 2020?

The application at your own request is made in writing in any form. The order of entries is subject to the rules of office work:

in the upper right corner the name of the manager's position, the name of the organization and the full name of the head are indicated sequentially, then below the position and full name of the applicant, his personnel number;
in the center of the sheet, with a lowercase letter, the word “statement”;
below is the text of the application itself with a request to dismiss at one’s own request, indicating the reason and date of dismissal;
date and personal signature of the applicant.

The reason for dismissal must be reflected in the form “in connection with retirement” in order to be sure that work will not be required. In turn, the personnel service employee is obliged to check this basis using the work book to see if a similar entry has been made previously. If it is available, the pensioner is recommended to rewrite the application and not indicate the reason for dismissal; in this case, the termination of the employment contract is carried out on a general basis.

Particular attention should be paid to the date of dismissal indicated by the employee. There are two spelling options:

“I ask you to dismiss me on May 23”, then the last working day will be May 23, the dismissal is made on May 24;
“I ask you to dismiss me on May 23”, then the date of dismissal is exactly May 23 and all procedures related to it must be carried out on this day.

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What if the employer does not intend to “release” the employee on the day specified in the application?

There may be situations when the manager is not ready to “let go” of the employee on the date specified in the application. He can act in different ways, from persuasions to stay until a new employee starts work, and to threats, including not paying the salary or not issuing a work book.

There is no reason to worry in any situation. If an employee has submitted his application against signature, or sent it by mail, and has confirmation of such transmission, he may not go to work from the date specified in the application.

On the last working day, management is legally obligated to give the employee all documents related to his work, including a work book, and also fully pay the resigning employee, including giving him compensation for all unspent vacation.

If the employer did not hand over the employment and other documents and did not make the payment. How to proceed?

Each employee has the right to protect his legal rights and interests in court, as well as by contacting government bodies regulating labor relations, including the labor inspectorate. If a dispute arises with the employer, the employee himself has the right to decide where he should go and submit the appropriate application.

An application to the labor inspectorate is submitted in any form, indicating full information about the applicant (full name, address, telephone number, place of work), as well as information about what exactly the violation of his rights was. Such an application can be submitted either in person or sent by mail or via the Internet.

The application is reviewed within 1 month. As a result of consideration of the application by the labor inspectorate, an inspection must be carried out, and unpaid funds will be forcibly collected from the employer, and documents will also be required. Relating to the applicant's work.

Employee calculation

The employer’s responsibilities include the settlement of an individual who was dismissed from the enterprise at his own request on the basis of the relevant order.

In order to carry out this process correctly, it is necessary to use a special type of document - a settlement note.

The note is filled out using the current T-61 form, which can be quite easily found and downloaded via the Internet.

This form serves as a source of information about cash payments that the employee received, as well as a certain settlement document displaying the types and amounts of payments due upon dismissal.

The settlement note is drawn up immediately after the pensioner has taken the initiative to resign and expressed his request in writing using an application.

Based on the note, certain cash payments are made to pensioners upon dismissal at their own request, the list of which depends on the specific situation.

This may be a salary for days worked in part, compensation for unspent vacation days and, in certain cases, severance pay.

To comply with the deadlines for receiving funds, you must comply with the requirements of Article 140 of the Labor Code, which states that all payments intended for a dismissed person must be received by him on the day of termination of the employment relationship.

Filling out a work book

Before finally saying goodbye to an employee who is ending his career, the manager is obliged to fill out his work book, following the rules.

It is necessary to enter the serial number of the entry and the date when it is entered. Then, after the line containing information about employment, information about dismissal on one’s own initiative is written (if the pensioner will not work anywhere else, then another entry is added - due to retirement) and a reference is made to Article 77 (third paragraph) of the current code.
In the column requiring you to indicate the grounds for these actions, enter the order number and the date of its issue.
Registration of labor is carried out only after the order has been issued.
In the accounting journal, which reflects information about the internal documents of the enterprise, it should be noted that the work permit was issued to the employee and give it to the owner upon dismissal.
It is recommended to make a copy of the completed work book and submit it to the organization's archives .