What payments are due?

Both an employee who has reached a certain age and a working pensioner can resign. Upon dismissal, they are entitled to the same payments as all other employees.

Due to old age retirement

If an employee retires of his own free will, the following accruals must be made to him:

1. wages for the current pay period;
2. compensation for unused vacation.

A one-time payment upon dismissal due to old-age retirement is provided only to employees of those organizations, firms or enterprises in whose local documents this item is specified.

Expert opinion

Maria Lokshina

Family law expert since 2010

Those leaving due to retirement are not required to work for two weeks.

Upon dismissal of a working pensioner

A large number of people, having reached retirement age, continue to work.

If a pensioner decides to leave work of his own free will, he must receive the same payments as upon retirement:

1. wages for the current reporting period;
2. compensation for unused vacation.

For an employer: how to fire in 2021 according to the law

According to the law, dismissal is possible in case of his own desire to stop working, by agreement of the parties, in case of staff reduction, obvious violations on the part of the employee, due to appearing drunk.

At your own request

After 65 years of age, a person has the right not to work. You must prepare a statement and inform your employer of your intention to leave your position.

Rights of a pensioner upon dismissal of his own free will

The worker should submit an application indicating the position, details of the head of the organization, the contents of the document, date and signature.
After receiving the document, the manager is obliged to prepare an order containing all the detailed information about the employee: data, reason for termination of the employment contract, position held by him, date, signature, as well as the internal number of the contract under which he was listed in all company documents. You don't need to work for two weeks. It is necessary to have the worker’s signature confirming his familiarization with the order.

After the order comes into force, the employer is obliged to pay the employee and issue the necessary documents. The ex-employee signs the journal for recording the movement of internal documents, thereby recording the fact of their receipt.

What is the procedure for voluntary dismissal without work?

Termination of labor obligations due to retirement involves the dismissal of an employee without two weeks of work. In all other cases, the pensioner is obliged to notify the management team of his intentions to leave his position 14 calendar days in advance.

At the initiative of the employer

The employer has the right to say goodbye to the employee without his consent, and to do so in accordance with the law. Below are articles according to which it is possible to lay off an employee.

Is it possible to lay off at the initiative of the employer?

To fire a person without his consent, the employer must have reasons. In accordance with Article 81 of the Labor Code of the Russian Federation, these include:

• absenteeism;
• failure to comply with job descriptions;
• mismatch of qualifications;
• actions that led to administrative or criminal liability.

How to lay off a pensioner without his desire according to the law

If retraining is not completed or is not confirmed, the employee may be fired or laid off.

He is obliged to vacate his position. If he agrees to take another position, options are offered; if he refuses, the employer has the right to dismiss the working pensioner.

By agreement of the parties

Termination of contractual relations occurs by agreement of the two parties. The employee informs of his intention to stop working and asks for the employer's consent to dismissal.

In order to subsequently withdraw such a statement, permission from the other party is required.

Step-by-step instructions for downsizing

The employer is required to notify about the intention to reduce staff at least two months in advance. Moreover, open vacancies are offered to everyone who is likely to be deprived of work. Receive a written agreement to transfer to another position or refuse it and only after that draw up a dismissal order.

The calculation is made on the pensioner’s last working day.

By old age

An employer does not have the right to fire an employee simply because he has reached retirement age. Otherwise, he will face punishment for age discrimination against workers.

Who is entitled to bonuses and what kind?

A retiring pensioner must be accrued:

• salary increments and bonuses for fulfilling the monthly target, in proportion to the time worked. Usually they are accrued based on the results of work for the month. To receive full allowances and bonuses, you must work a full month;
• quarterly bonuses or compensation based on the results of the year, paid under the terms of the collective agreement, in accordance with the time worked. These payments are made after summing up the results of work for the quarter or year.

Before leaving for a well-deserved rest, you should carefully read the regulations on remuneration in force at the enterprise and the labor collective agreement.

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Comments: 46

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article: Klavdiya Treskova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Andrey
   05/27/2021 at 09:02 am I entitled to a payment in 1966?
   Reply ↓ Anna Popovich
   05/27/2021 at 23:04

   Dear Andrey, funds are paid to citizens who were born before 1966.

   Read also:  Temporary registration: why is it needed

   Reply ↓

Compensation for unused vacation

When retiring, an employee must be paid compensation for unused vacation for the entire period of his work at the enterprise or organization.
Cash payment for unused vacation is made for all months of his work in the current year. To calculate the number of unused vacation days, you need to multiply the number of months worked in the reporting period by a factor of 2.33. The resulting number of vacation days that the employee did not use is multiplied by the average salary per day.

If an employee has used vacation in advance, then the amount of vacation pay paid to him in advance upon dismissal is deducted from his salary. An employee who is about to retire needs to think in advance whether to use his vacation in the year of dismissal or whether it is better to receive a cash payment for lack of demand.

Payments to an employee in connection with his retirement are subject to taxation at a rate of 13%.

How to quit in order to receive severance pay?

How can a working pensioner resign in order to receive benefits? This option may appear in the following situations:

• when staffing is reduced;
• upon liquidation of an enterprise, firm or organization.

Then severance pay, calculated from the average monthly income, is added to the accrued payments. If during the first month the laid-off pensioner has not found a new job, then severance pay must be paid for the second month. For the third month, benefits are not paid because the pensioner is not considered unemployed.

Only those who are retiring due to disability and are still able to work due to health reasons can count on redundancy benefits for the third month.

For people who have worked in the Far North or equivalent areas, severance pay is payable for up to six months if there is a problem with employment. They are entitled to early retirement and special “northern” allowances.

What do employees of the Ministry of Internal Affairs have to do?

A one-time benefit upon retirement from the army or internal affairs bodies, including the police, depends on length of service, distinction and health status:

• if the service life exceeds 20 years - 7 salaries of special monetary support;
• with a service life of less than 20 years - 2 salaries of special monetary support;
• in the presence of government awards of Russia or the Soviet Union - 1 salary of special monetary support;
• if a military serviceman or an employee of the Ministry of Internal Affairs is injured in service, then upon retirement he is entitled to an additional benefit of up to 2 million rubles;
• when disability is established, the funds due to the pensioner are indexed taking into account a coefficient established depending on the disability group and the cause of injury;
• compensation for personal property.

If at the time of dismissal the serviceman has not received clothing for the current year, then he is entitled to monetary compensation based on the submitted report and a certificate from the clothing service.

Registration of dismissal due to retirement

A citizen reaching retirement age cannot be a reason for dismissal. According to the law, this is the right to assign a state social benefit to a person. The Labor Code of the Russian Federation does not regulate the time period between an employee’s termination of an employment contract at his own request and his registration of pension benefits.

An employer does not have the right to refuse to terminate a pensioner’s employment contract or to set work periods. The step-by-step procedure for dismissal due to retirement looks like this:

1. The employee writes a statement.
2. The employer issues a corresponding order.
3. Authorized persons of the enterprise organize the formation of payments upon retirement.
4. The necessary entries are made in the work book of the dismissed employee.

To terminate an employment contract, a pensioner must, on his own initiative, draw up a corresponding application in writing and in accordance with the procedure established by the Labor Code of the Russian Federation. The document must contain:

• position and surname, first name, patronymic (hereinafter – full name) of the employer;
• directly a request for dismissal indicating the desired date of termination of the employment relationship;
• position and full name of the pensioner;
• the date on which this document is submitted, the signature of the applicant.

To avoid potential conflict situations, the pensioner should make a copy of the paper. The application must be submitted to an authorized employee, asking the latter to indicate the number and date of the incoming document on the copy. A sample of it might look like this:

After an employee submits a letter of resignation, the employer, after reviewing it, draws up a corresponding order. The document must contain the following information: the serial number of the employment contract and the date of its termination. After the order is issued, a corresponding entry is made in the work book. It includes the date of dismissal and its reason. The data entered into the work book must completely coincide with the information contained in the order.

Working out a 2 week period

A citizen's retirement is a special type of voluntary dismissal. According to the law, a pensioner has the right not to notify the employer 2 weeks in advance of his decision to leave service. In a statement of desire to terminate the employment contract, the subordinate must indicate the appropriate reason. It will give an elderly person the opportunity to take advantage of the benefit guaranteed by the Labor Code of the Russian Federation - to quit without working in connection with retirement.