Today we will be interested in the dismissal of a pensioner. Almost every employer can face this operation. And in order to avoid problems in the future, you will have to remember everything about the termination of relations of a labor type with an elderly person. With the right approach to the task, a person will be able to cope with it without much hassle. How not to violate the rights of older employees? And what if the old man decided to quit? To answer all this and not only for us to come.
Ways to terminate a relationship
Dismissal of a working pensioner is a procedure requiring a lot of attention. But a responsible employer is unlikely to encounter problems in terminating an employment contract.
At the moment, people aged can be fired:
- at the initiative of the employee;
- at the request of the employer;
- due to reduction / elimination;
- by agreement of the parties.
Next, we will consider all possible scenarios. Least of all hassle is self-care. But such a scenario is not always found.
At will ...
Let's start with the dismissal of a pensioner of his own free will. According to the Labor Code of the Russian Federation, any employee at any time can refuse to work and leave work. Similar rights exist among older subordinates.
As practice shows, the termination of relations of a labor type with an elderly person is carried out on a common basis. The employee will:
- Make a letter of resignation.
- Submit a request to the employer and wait for it to be signed.
- Work out 2 weeks prescribed by law.
- At the appointed time, come to the employer for the calculation and documents - a work book, income statement, medical book.
- Sign in a special magazine on the receipt of funds and on the delivery of documentation in connection with leaving work.
That's all. After that, the boss will be able to file the personal file of the dismissed person and send it to the archive for further storage.
Important: if an employee refuses to receive documents or calculations, the employer draws up acts of the established form and adds them to the personal file. This is the only way to prove compliance with the procedure for dismissing an elderly person.
Retirement
Dismissal of a working pensioner may be carried out on the initiative of the employee, but in connection with reaching retirement age. This operation provides for the special rights of the dismissed. And every employer must remember them.
A person has the right to quit in connection with reaching retirement age (meaning the first retirement) only once. The next time you have to indicate in the statement "on their own."
In general, the procedure will remain the same as in the previous instruction. The main thing is to remember that:
- a person can exercise his right only 1 time;
- You can retire at any time after reaching the appropriate age (55 years for women and 60 years for men);
- there is no need to work out in this case;
- the applicant may quit the day after filing the application.
As practice shows, no special problems with the termination of employment do not arise. In particular, if you follow the instructions.
Important: keeping the employee in place or forcing him to leave is prohibited. This is a direct violation of the current legislation of the Russian Federation.
Mutual decision
The dismissal of a pensioner by law can be carried out on a common initiative. In the Labor Code of the Russian Federation, a similar situation is called "by agreement of the parties." The initiators are both subordinates and superiors.
The procedure for terminating relations of a labor type looks so that one of the parties offers its terms of dismissal, the other - its own or agrees with the proposal. After this, a dismissal agreement is drawn up by mutual agreement. Further termination of employment is carried out as usual.
Important: when a pensioner is dismissed by agreement of the parties, the specifics of terminating relations with superiors should be spelled out in the corresponding document. Here, the required payments, benefits and other nuances of the upcoming procedure are indicated.
Staff reduction
After retiring, a working pensioner can go to work again. But only in this case he will have to leave work again on a common basis. There is nothing difficult and incomprehensible in such an operation.
Sometimes firms are faced with downsizing. Some citizens cannot be stripped of their jobs for this reason. Does this restriction affect pensioners?
No. The thing is that older people can be fired due to reduction. This happens on a general basis. Therefore, the employer will only remember the generally accepted rules of procedure.
Namely:
- warn the employee about the reduction not later than 2 months before the accident;
- before leaving the subordinate should be offered another position;
- after the release of the relevant orders and the new staffing, the person will be put all the generally accepted compensation laid down during the reduction.
In some cases, a person may be entitled to certain benefits and additional payments. They are indicated in the main contract.
According to the article
The dismissal of a pensioner at the request of the employer also does not contradict the current legislation. But just getting rid of an elderly subordinate will not work.
The thing is that, as a rule, companies terminate relations with old subordinates "by articles". For example, for absenteeism or in connection with a gross violation of existing rules of conduct in a corporation.
Just getting rid of an old employee is problematic. Therefore, many firms resort to terminating relations with a subordinate due to the mismatch of the health of their position.
In this case, you will have to conduct a medical examination of the employee (send him to the commission), and then get acquainted with the results. If the subordinate does not meet the requirements of the vacancy, he is recommended to offer another position. If there are none, or the old man refused to change activities, you can terminate the employment relationship on a common basis.
Workout and the elderly
The dismissal of a pensioner without practicing is a reality or an invention? Do older employees need to work this or that time? And if so, how much exactly?
According to the Labor Code of the Russian Federation, all dismissed persons (with the exception of certain categories of the population) must work for a certain time. In general, 2 weeks. When staying on a trial period - 3-5 days. These rules apply to the elderly.
That is, if they leave on a common basis, they will have to work out after submitting the application in the established form. Although you can evade this operation. And it’s completely legal. We will talk about the reasons for exemption from mining later.
According to the law, pensioners work for 14 days upon dismissal, only if they leave work not because of reaching retirement age. Under such circumstances, a person is exempted from working out. You can quit your job on the day you submit your application. And get a calculation too.
What will happen to pension
Many are interested in what pension is accrued after dismissal to a working pensioner. In Russia, there is a moratorium on the indexation of relevant payments if a citizen has an official job.
As soon as a person leaves the company for one reason or another, he should be indexed pension, taking into account all indexations for the entire period of work. That is, a citizen will receive the full amount of payments "for old age".
According to the new rules, in Russia since 2018, the indexation of pensions after the dismissal of a pensioner will be made from the 1st day of the month following the month of termination of employment.
As practice shows, the size of the pension after dismissal still remains quite low. And therefore, older people in Russia try to work as long as possible.
How not to work out
Do retirees work out on dismissal? Yes, but not always. And, as already mentioned, citizens can absolutely legally get rid of mining. The agreement of the parties will not be taken into account. Consider only the general rules and secrets.
For example, you can quit your job due to reaching retirement age. Then the applicant does not need to work out. He will be able to leave the company on the day the petition is submitted. Such a right, as we have said, is offered only once in a lifetime. Repeated departure from work will require compulsory completion.
The next scenario is leaving before leaving for sick leave or on leave at your own expense. First, the dismissed person submits an application for leaving work, and then he draws up a vacation / sick leave. As it is not difficult to guess, for the next 14 days. Thus, it will be possible to legally get rid of the need for mining.
Compensation to citizens
Indexing to working pensioners (after dismissal) is carried out the next month after termination of employment and exclusion of an elderly person from the list of employees. Such an innovation pleases employees and brings certain troubles to company managers.
Dismissing a pensioner “on his own”, as well as in connection with retirement, provides for general compensation and payments. The calculation is carried out for:
- time worked;
- unused vacation;
- additional circumstances specified in the labor agreement.
But that is not all. As you can already see, the dismissal of a pensioner can be different. And depending on the situation, the list of compensations will be changed.
Company liquidation and downsizing entail much more payouts. An older employee should be issued:
- salary for the time actually worked;
- for days of unused paid vacation;
- payments for 2 months (salary), in some cases - for 3.
Important: retirees working in the Far North will receive half-year benefit / reduction allowance. After the dismissal of a pensioner, indexation of a pension is an obligatory component. But it does not affect payments at termination of relations.
In addition to the funds listed, additional compensation may be assigned to the dismissed person. They are regulated by an employment contract and are not binding. Rather, it is the right of the employer.
Reduced payouts
Pension after the dismissal of a pensioner will be indexed according to general rules. Its calculation is carried out taking into account all employer deductions and work experience received even after reaching retirement age.
At the moment, under certain circumstances, a person can reduce compensation in the event of termination of employment. This happens if:
- a man worked in seasonal jobs;
- there was a refusal to transfer to another locality for permanent work by agreement of the parties.
In addition, the reduction of money issued upon leaving work may be carried out by agreement of the parties. But this is an extremely rare scenario. And as a rule, few agree to it.
Coercion to leave
After retiring, a working pensioner can either remain as incapable of work or look for a new place of employment. A person may be refused admission to the company, but not because of his age.
It is worth paying attention to the fact that citizens in Russia should leave work only voluntarily. More precisely, the dismissal of their own free will should be written on the personal initiative of the employee. It is impossible to force this (by blackmail, for example).
What if the employer tries to persuade the subordinate to terminate the relationship? You can contact the labor inspectorate. The procedure will be exactly the same as forcing the dismissal of an ordinary subordinate.
Important: the main problem is the need to prove one’s position. Employers often force old people to leave work so that they cannot point to the fact that they are inclined to terminate the relationship.
Conclusion
Did the pensioner get fired? Recalculation of the pension will be carried out the next month after the termination of the employment relationship. Such rules have been in force since 2018. A citizen will be granted a full pension, taking into account all deductions made during the official employment.
Modern employers try not to mess with older employees. This is due to the fact that they often cause trouble. For example, they are offered considerable guarantees under the Labor Code, and the old man’s performance does not always remain at the proper level.
More and more often companies refuse to accept old people for work in an official manner. And termination of employment is carried out either for the discrepancy of the position, or under the article, or by forcing to leave the company.
The main thing is to remember that retirement is a special situation. It provides for a number of guarantees and rights, which not everyone remembers. In other cases, leaving the work of an elderly citizen will be carried out on a common basis. The main thing is to comply with the termination of the employment contract. Instructions for the implementation of the tasks we have studied. And they also got acquainted with the compensations due to the old man. Dismissing a pensioner as a whole is not too difficult.