Dismissal procedure upon retirement

Most employees of organizations or enterprises have a desire to continue their activities in the workplace even after reaching retirement age. But there are also those who want to immediately take advantage of the right granted by the state to go on a well-deserved and paid vacation.

An employee needs to know how to retire correctly in order to receive all the required payments, and HR and accounting specialists, as well as management, need to know how to legally formalize this process.

Dismissal due to retirement has a certain procedure and is carried out in accordance with the norms of the Labor Code . A pensioner wants to be sure that all his rights and rules for calculating pension payments are observed.

Current deadlines

ATTENTION! Retirement and the calculation of monthly payments are regulated by several laws. These are the Law on State Pensions, the Law on Labor Pensions.

At what age can you retire by age?

• For men this is age 60.
• For women - 55 years.

There are proposals submitted to Parliament regarding raising the retirement age. But while a new law in the field of retirement age has not been adopted, the indicators listed above are relevant. If the changes are accepted, their implementation will take some time.

Reasons for stopping work

Labor legislation provides for several main reasons for retirement:

1. In connection with the actual achievement of retirement age. Moreover, age is not a reason for leaving. Such an employee has the right to leave work only at his own request (Article 77 of the Labor Code, part one, paragraph three). The employer cannot independently initiate the dismissal procedure.
2. In connection with the achievement of a certain working experience. This basis is valid only in certain areas of labor activity that give the right to early assignment of pension payments (Federal Law No. 173).
3. Due to receiving a disability group. For this category, there are two types of termination of an employment contract:
   due to complete loss of the ability to work (Article 83 of the Labor Code);
4. and due to the employer’s lack of a vacancy with easier working conditions required by the employee’s health (73rd article of the Labor Code).

Dismissal procedure

ATTENTION! The state grants its citizens the right to continue working in their current position after retirement age.

Managers do not have the right to dismiss employees due to old age; they themselves must identify their desire and write a letter of resignation.

Reaching retirement age may not change anything in a citizen’s life, the only thing is that after 60 years (55 for women) he will receive a pension. A pensioner can remain in his position, or he can get a job in another company or organization.

If an employee retires, management must dismiss him competently, following the rules of retirement. The dismissal procedure is standard and involves several steps.

• Before retiring, a person must write an application for retirement.
• The HR department prepares a standard order; it must be signed by the head of the enterprise.
• The future pensioner must familiarize himself with the management order and attest in writing to the fact of familiarization.
• Based on the application and order, the accounting department calculates payments upon dismissal due to a pension.

It is necessary to make an entry in the work book stating that the employee quit due to retirement.

Can a pensioner be fired without consent?

Despite the fact that pensioners are a special category of workers, it is still possible to dismiss them at the initiative of the employer, on a general basis. Namely:

• Planned staff reduction;
• Complete liquidation of an enterprise (or individual entrepreneur);
• Failure to fulfill official duties by a subordinate;
• Lack of necessary qualifications (occurs when certification is not completed on time);
• Systematic lateness or absence from work without a valid reason;
• Appearing on shift under the influence of alcohol or drugs.

It is also possible to calculate an employee who has reached retirement age at his request, referring to Art. 80 Labor Code of the Russian Federation. But other circumstances will be regarded by law as an administrative violation.

Drawing up an application

To retire in old age, you must notify your manager of this by making a statement at your own request. Such an application for resignation is submitted 14 days before the date on which the employee wants to leave his position .

It should be written even when the employee is on vacation or sick leave. But such two-week work is not mandatory; in most enterprises and organizations, management does not require pensioners to attend the workplace for another half a month.

The application must bear the signature of management confirming consent. After the appearance of such a visa, the document is considered accepted and must be considered further by the personnel department. According to the rules of the Labor Code, the management of any organization does not have the right to prohibit a person from going on a well-deserved rest .

IMPORTANT! If any obstacles arise on the part of management, it is important to properly register your retirement and monitor the accrual of all due payments.

But management can return the application so that the employee compiles it correctly and eliminates errors and inaccurate data. According to the rules of the Labor Code, a pensioner can write an application for retirement immediately upon reaching retirement age or after some time; there are no strict restrictions on this issue.

Article of the Labor Code of the Russian Federation

In accordance with the Labor Code of the Russian Federation, an employer does not have the right to dismiss an employee because he has reached retirement age. This is confirmed by the provisions of Article No. 3 of the Labor Code of the Russian Federation, which precisely describes that if an employee of retirement age is fired not of his own free will, this will be regarded by regulatory authorities as age discrimination.

IMPORTANT!

A pensioner can quit his job only by writing a statement of his own free will (in accordance with paragraph 3 of Article 77 of the Labor Code of the Russian Federation).

Preparation of an order

After the application of the future pensioner, HR specialists prepare an order, which must be signed by management.
This work can be done by both a lawyer working at the enterprise and an accountant (if there is no HR department).

The order must indicate that the employee is leaving his position or resigning due to retirement.

To draw up an order, standard form No. T-8 is used. It was approved by Resolution of the State Statistics Committee No. 1 of January 5, 2004. But compliance with this form is not strictly mandatory; the text can be drawn up at the discretion of the administration. The main thing is that it indicates the reason for dismissal and the requirements put forward by the Labor Code.

Drawing up an order

The HR specialist draws up an order after receiving the application with the approval of the manager. The order is drawn up in form No. T-8. The form contains the details of the organization. The basic information of the employee is filled in, including passport information, position, personnel number, reasons for dismissal and relevant articles.

Sample order:

It is stated below that the basis for the removal was the statement of the pensioner. At the end, the date of the order and dismissal is entered; they must coincide.

Rules for recording in the work book

An important point in dismissal due to retirement age is registration in the labor record. It is necessary to indicate not only the dismissal order, but also make a note about whether the employee has a certificate, other awards, or work incentives.

The text is transmitted exactly; even the employee himself can check this, because he reads the order and signs the notification about it. What data is indicated in the labor document?

• This is the entry number.
• Date of dismissal.
• Entry text.
• Order details.
• The seal of the manager, his clear signature.
• In column 3, the dismissed person himself puts his signature.

Pension fund employees will definitely notice mistakes; it will be much more difficult to correct them later. Therefore, you should immediately check every letter, date, order number, and other data in the HR department.

If inaccuracies are identified, they cannot be crossed out or erased. The manager makes a note of the correction and writes down the correct version of the entry, confirming it with a seal and signature.

ATTENTION! The entry in the work book must be made correctly and correctly, since any error or inaccuracy can play a negative role in the calculation of pension payments.

After management signs a retirement application, issues an order, and the correct entry appears in the employment record, the employee can be considered dismissed and the employment relationship under the contract terminated.

The Pension Fund accrues a pension, which may arrive in a month or two . If, in the opinion of the pensioner, the amount was calculated incorrectly, you need to notify the Pension Fund about this by contacting its employees at your place of residence. You may need some certificates from places of work and contacting the archives.

Privileges and restrictions

In Russia, there are 2 deviations from the general age threshold for a number of categories of citizens:

1. Early retirement is allowed.
2. It is not permissible to hold a position after reaching certain years under any circumstances.

The first category includes:

• combatants with disabilities received during combat;
• specialists from the Far North;
• mothers with 5 or more children;
• parents of a child with disabilities;
• those suffering from rare diseases;
• miners, underground workers;
• military personnel;
• doctors, teachers;
• classical ballet dancers;
• flight attendants;
• laid off 2 years before the key age.

Second category:

• civil servants cannot remain in office after 60 years, with the consent of management - 65 years;
• teaching staff - the deadline for teachers is 70, the rector's office is 65 years;
• military - each rank has its own threshold - from 50 to 65 years.

Today, proper retirement from work due to age is the key to a quiet life on an honestly earned salary. Therefore, you need to take care of this as early as possible.

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Entitled payments

Article 140 of the Labor Code of the Russian Federation provides for the payment of certain amounts to those employees who retire.

• The employee must receive his due salary.
• Compensation for the vacation provided for this year is also required. There may be unused vacation with subsequent accrual of compensation.
• Travel expenses and other amounts required by law must be paid.

Perhaps, according to the employment contract, the person retiring is entitled to severance pay; the amount of the benefit is also added to the payments.

This compensation is also given to those working pensioners who have been laid off. The employee will receive the required money at the cash desk or on a bank card, it depends on the form of payment of the salary.

Conclusion

The pensioner decides for himself whether to resign when he reaches retirement age or continue to work and receive a pension. This depends on the size of the calculated pension, as well as the size of pension supplements established by the state.

An employer needs to be understanding of its employee’s decision. Together with the personnel service employees, you need to provide your worker with all the necessary documents.

The employee, for his part, must understand that they are only helping him, and not issuing a pension for him.

Re-registration

Many questions arise from lawyers, personnel workers, and managers about such matters as re-entry into a well-deserved retirement.
A pensioner can resign under the appropriate article, then he gets a job again.

After a while, he wants to resign again under the pension clause. Is it possible to record his dismissal upon retirement again in his work book?

ATTENTION! There is no consensus even among experienced and qualified specialists on this issue. And the court may make a different decision if you turn to its proceedings.

There are no prohibitions on repeated dismissal due to pension ; such an action will not cause unnecessary problems either to the management or to the pensioner himself.

Early retirement

There are certain categories of workers who have the right to retire much earlier than 55 years (for women) or 60 years (for men) . These categories include:

• workers from the Far North;
• injured during hostilities;
• mothers of many children (with five or more children);
• one of the parents of a disabled child;
• health workers, teachers, military personnel;
• laid off due to layoffs;
• working in dangerous conditions, underground.

To apply for retirement, you must write an application for early dismissal. There is a standard form for such a document; it can be obtained from the HR department. In this case, the employee is also entitled to payments (compensation for unused vacation, salary for time worked).

How to register correctly

When filing an application for dismissal due to retirement, the following rules must be observed:

1. In accordance with the Labor Code of the Russian Federation, the appeal must be made in simple written form. Verbal agreements are not allowed.
2. The application can be either typed or handwritten.
3. You can deliver the completed document to the employer either in person or by sending it by registered mail with mandatory return receipt requested.

IMPORTANT!

In most cases, upon dismissal, it is not necessary to indicate the grounds for terminating the employment contract, but the dismissal of a pensioner is an exception to the rule. The application of this category of employees must necessarily contain the phrase “... at their own request in connection with retirement.”