Dismissal of a Pensioner at the Initiative of the Employer Article 81

Legislative basis

The legislative basis for the procedure for dismissal of retired workers is the Labor Code of the Russian Federation (Articles 59, 77, 81, 128), as well as the Resolution of the Armed Forces of the Russian Federation (No. 2 of March 17, 2004), indicating the procedure according to which in the trial labor legislation applies. When formalizing the dismissal of a pensioner working in an organization, you should be guided by these regulations.

The law prohibits dividing employees by age, basing priority on this category, therefore the fact that an employee reaches retirement age and receives a well-deserved pension cannot be the reason for his dismissal from work.

Legally, employees aged 55 or 60 years are no different from other specialists.

In addition, in terms of performing work duties, such persons have a number of advantages compared to newcomers:

significant work experience,
high level of qualifications,
deep professional knowledge in the field of their activities,
significant work experience and knowledge of all the nuances.

Note! Despite the fact that such employees are ordinary employees, and they are subject to similar legal norms as the rest, the Labor Code of the Russian Federation still identifies certain advantages for them:

such employees are given an additional two weeks of vacation, although they are not paid,
labor legislation prohibits discrimination based on age,
reaching retirement age cannot serve as a basis for early termination of a TD,
in case of any layoffs at the enterprise, it is the above-mentioned advantages that are decisive in the choice put before the employer - which of the employees to keep,
If a pensioner wishes to resign on his own initiative, no prior notice is required.

A milder form of discrimination against a particular category of profession (position) is violation of labor standards in difficult working conditions.

The qualifications of retired employees remain unchanged, however, from the moment of retirement, such employees need to slightly reduce the amount of work and change the work rhythm. It is for this reason that the regime in which a person works and the time allotted to him for rest should correspond to his age.

Dismissal should not be the main decision of the employer; sometimes a solution can be found in a solution acceptable to each of the parties - transfer to another, easier position for him, but this requires the consent of a specialist. If an employee can no longer cope with his work responsibilities due to health and age, the option of providing him with easier work should be considered. The manager must be in the position of such specialists.

Can a pensioner join the labor exchange?

Basic provisions

Those who have reached retirement age have every right to continue working without any restrictions. The very fact of being retired cannot serve as a reason for terminating employment relations.

The effectiveness of older workers is often not particularly high; they are sick more often, have low ability to work, are slower, have reduced mental abilities, and are not attentive.

The specified reasons can become a reason for dismissal only if deterioration in health is proven by a medical examination and this does not correspond to the work performed. Insufficient qualifications can also be established by certification.

The same rules apply to pensioners as to regular employees. The procedure at the initiative of the employer is provided for in Art. 81 of the Labor Code of the Russian Federation, the points of which apply equally to the category under consideration.

Is it possible to fire a pensioner without his consent?

Labor legislation does not allow an employer to arbitrarily dismiss a retired employee; this requires the consent of the person and the corresponding reasons for making such a decision, reflected in Art. 71 of the Code.

There are only a few exceptions to this rule - when the organization will no longer conduct its activities (during liquidation, bankruptcy), the staff is being reduced, or there are other valid reasons.

To terminate the employment relationship with an employee who has reached retirement age, the main condition must be present.

The employer will need a statement drawn up by the employee, since dismissal is possible only at the request of the employee (except for the specified exceptions). Dismissal under other circumstances is regarded as a violation of labor standards.

Watch the video. How to fire an employee due to retirement:

How can a pensioner be fired in 2019?

There is no need to cover for negligent management if the injury that caused disability occurred at work as a result of management’s connivance. It is necessary to rely on the provisions of the law. Otherwise, as soon as all checks are completed, management will quickly dismiss the injured employee and forget their own promises.

If there is a reduction in staff and the dismissal of a pensioner is inevitable, the employer needs to explain in detail what is happening to employees. An employment agreement can be terminated peacefully only after agreement between the parties. Read separately about the dismissal of a pre-retirement employee - the situation there is different, plus the employer’s responsibility applies.

Reasons for dismissal

When dismissing almost all employees, the same procedure is applied.

However, in our case, the norms of Articles 71, 81, 288 of the Code apply, which outline all possible cases when an employer has the right to dismiss a retired employee on his own initiative.

during the probationary period. This case also concerns the category of employees in question, but it occurs extremely rarely in practice. Any manager has sufficient legal grounds to say goodbye to an employee if he does not pass the test for suitability for the position,
if the enterprise is liquidated (individual entrepreneur ceases its activities), as well as in case of staff reductions,
an insufficient qualification level was identified (the result was obtained during employee certification),
the owner changes (chiefs, deputies or chief accountants),
the employee constantly fails to perform his job functions subject to a reprimand or other penalty,
a single violation of a gross nature was committed: the employee was counted absenteeism, he was intoxicated at the workplace, disclosure of secrets, participation in theft and/or damage to the organization’s property, violation of safety standards (including in the field of labor protection), committed actions when servicing values that led to a loss of trust in a person,
conflict of interests is not prevented,
the employee provided false information about his financial situation and his family, if such information is required to be provided by law,
immoral acts were committed by a person entrusted with the functions of education,
head, chief the accountant made a decision that subsequently led to damage,
false documents were provided during employment,
other conditions specified by the TD for management or executive body.

In what order a working pensioner will be dismissed depends on what was the reason for the employer’s decision to terminate the TD with him.

Privileges and guarantees

When carrying out the procedure for downsizing or liquidating a company, persons receiving state subsidies are entitled to privileges. The employer must provide pensioners with the following guarantees:

do not discriminate against individuals based on age, provide equal rights to work for older citizens compared to younger employees;
take into account the qualifications, experience, knowledge and skills, high labor productivity of a pensioner when determining the list of employees subject to personnel reduction;
provide additional unpaid leave out of turn for up to 2 weeks to a person receiving old-age benefits, upon his request;
pay all subsidies established by the state when the number of workers in the company is reduced;
do not force a pensioner to work for the required 2 weeks if the citizen decides to resign of his own free will.

Preemptive right to remain on staff of the enterprise

According to the provisions of the Labor Code of the Russian Federation, an employee receives an advantage when remaining in his position during the procedure for optimizing production at the enterprise, if he is highly qualified and performs duties in accordance with the provisions of the employment agreement. If a person of retirement age is actively working in production and his work is highly productive, then the company management must take these factors into account when compiling a list of employees to be laid off.

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Which pensioners are prohibited by law from being laid off?

People belonging to socially unprotected categories of citizens who have served the Russian Federation and the enterprise have the right to remain in their previous position while minimizing the size of the company for objective reasons. These include the following Russians receiving a pension:

those who took part in battles on the battlefields of the Great Patriotic War (WWII);
those who received injuries in the Second World War that led to disability;
having disabilities due to participation in other battles in hot spots;
injured during work, but able to perform job functions in accordance with the provisions of the employment agreement;
providing for minor dependents;
falling under the definition of a privileged group that is not subject to reduction, in accordance with the provisions of the collective agreement;
who are guardians of minor children, provided that they are the only employed family members.

How to legally fire a working pensioner

If a citizen has reached retirement age, this does not mean that the employer has a reason to fire him. If the TD is terminated on this basis, then we are talking about age discrimination. The employer will face liability in the event of such a serious violation, which will be ensured by the inspection structures.

Important! Legally, a pensioner has the right to dismiss only if there are several serious reasons specified in the law:

he himself expressed a similar desire,
the parties came to a decision to terminate the employment relationship,
the organization will be liquidated,
staff reductions are planned.

Typically, a TD is subject to termination if the employee so wishes, or if both parties are not against termination of cooperation. In such situations, the employer must fully comply with the labor standards and regulations that apply to each employee.

The standard procedure is for the dismissal of a person and the process of liquidation of a legal entity. faces. This process implies that the organization will no longer function in the future. The fact of liquidation means the complete termination of agreements with the entire staff of employees employed in the organization, since there is no longer any point in their presence in the company. Working pensioners face the same fate as everyone else.

The same is the case with contractions. Unfortunately, practice shows that pensioners are laid off much more often than other categories of workers. This is justified by the fact that age negatively affects the performance of work - people, for health reasons, are not able to perform all duties fully or do it not as quickly as the employer requires.

You should know! The employer’s responsibility is to offer the employee in such cases another position that is more suitable for him, in which he could cope with the duties. If the employee refuses this position, the employer has the right to fire him.

Refusal from an offered position must be formalized separately and registered by the employer. In other respects, the procedure for dismissing employed pensioners does not differ from the standard one.

Without work or with it?

In Art. 80 (paragraph 3) of the Labor Code of the Russian Federation, a pensioner has every right to vacate a position without working out, but only in case of leaving due to retirement, at his own request, for health reasons, if it is physically impossible to continue working.

In our case, the initiator is the employer, and therefore 2 weeks. working off is allowed. However, the law on this issue gives the parties wide freedom of action: by mutual agreement, they can set any period or not set it at all.

The employer may consider it necessary to set working hours within 14 days if this is necessary for submitting reports and similar actions before the employee leaves. But he also often accommodates a citizen if he has expressed a request to leave without such a period.

Without work, you can officially leave on the day the application is written, but, as a rule, it is submitted 2-3 days in advance so that the accounting department, manager and human resources department have time to make calculations, issue an order and make an entry in the documents.

By agreement of the parties

An employee's retirement age is not a basis for his dismissal.

One of the most common dismissal options is a bilateral agreement.

applications for dismissal by agreement of the parties free in word format

Its meaning is that the parties make a mutual decision to terminate the employment relationship.

Often, with age, people's health may deteriorate, but in order to keep a qualified worker at work, he is offered to switch to an easier job.

If an employee responds to management’s offer, he needs to obtain a doctor’s report from a medical institution with recommendations on working conditions.

Changes in working conditions occur only with the consent of the pensioner. If he does not want to switch to light work, the employer has the right to fire him. There is another option that is acceptable in all respects - part-time work.

Article 80 of the Labor Code of the Russian Federation on the dismissal of an employee at his own request without working out

announce the decision on dismissal, then immediately submit documents for maternity leave;
while on maternity leave, a pregnant woman can call her boss or go to the work building and voice her decision to leave;
first submit documents for maternity leave, and immediately after signing them, report your dismissal.

When fired, the working class does not want to work for two weeks, as required by the employer. There can be many reasons - inability to continue working for health reasons, lack of time, urgent transition to a new job. How to avoid “working off” and legally stop working immediately after a notice of resignation? Explained below

At the initiative of the employer

An elderly employee can only be dismissed on a general basis.

By dismissing an employee because he has reached retirement age, the manager is breaking the law.

But there are situations when a pensioner is refused to extend his employment relationship on legal grounds.

Note! This occurs in the following situations :

the enterprise ceases its activities,
the employee’s qualifications do not correspond to the position held,
violation of labor duties,
violation of labor discipline (absenteeism, theft, drinking alcohol in the workplace),
other reasons specified in labor legislation.

Staff reduction

Situations often arise at enterprises when the only way out of a crisis situation is to reduce the number of employees.

This procedure is very unpleasant. For many, it comes as a big surprise and blow. Management faces a serious task - to carry out reductions in accordance with the norms of current legislation. It is equally important in this situation to do everything as honestly and fairly as possible.

Please note! Pensioners are laid off in the same way as all other employees, that is, there are no special requirements for this category of citizens.

order to reduce the staff of an organization free of charge in word format

You cannot explain the reason for the dismissal of a particular employee by his retirement age.

The procedure for laying off a retired employee is carried out according to the following plan:

first, an order to reduce staff is issued,
The employee is given a notice of dismissal against signature due to a reduction in staff. The employment service receives such a notice,
the employee receives an offer to transfer to vacant positions,
the employer writes a dismissal order,
appropriate payments are made (salary and compensation for unused vacation),
Entries are made in the work book, which is issued on the last working day.

Order

The specific procedure depends on the grounds for termination of the employment contract, which the employer will subsequently refer to in the order.

When dismissing due to staff reduction, reference to the employee’s age will be unlawful, and the dismissal will be illegal.

The procedure must be properly formalized by order of the organization, on the basis of which payments guaranteed by law are calculated, and the employee must be notified in a timely manner.

Termination of a working relationship for medical reasons (recognition as completely incapacitated for work) is possible only if a prohibition on continuing activities is indicated in the medical report. If there are recommendations for transfer to another position, the employer is obliged to provide the corresponding vacancies (if any). Only if the pensioner refuses the job offer can the employer legally dismiss him.

The subordinate must sign for the receipt of the work book and documents.

When dismissing a pensioner, the employer must adhere to the following sequence:

First, you need to notify the employee about the upcoming dismissal, announce the exact date of the last working day and familiarize him with all regulations and documents (orders, explanatory notes, etc.);
After this, the accounting department calculates the amount of wages and benefits that are due to be paid to the pensioner. On the last working day, he receives payment at the enterprise’s cash desk;
HR specialists fill out the work book. In the “reason for dismissal” column, you must refer to the article under which the employer terminates the employment contract with the pensioner. You cannot fire a person because he has reached retirement age - this is stated in Article 3 of the Labor Code of the Russian Federation.

According to the law of the Russian Federation, an employer can terminate an employment contract with an employee, including a pensioner, on his own initiative only if there are special reasons. Among the most relevant grounds for dismissal of working pensioners, it is worth highlighting:

poor health condition that does not allow a person to continue his work activity. To be dismissed for health reasons, the employee must undergo a full examination, based on the results of which the medical commission must make a decision on the person’s complete or partial incapacity for work.

reduction. When carrying out the dismissal procedure due to a reduction in staff or number of employees, the director of the organization must take into account that working pensioners have a preferential right provided for in Article 179 of the Labor Code of Russia. At the same time, the employee’s retirement age cannot be a basis for layoffs;
discrepancy between the skills and qualification level of the employee and the position held. Before dismissing a pensioner, the employer is obliged to send him to pass the certification commission. Based on the results of the consideration of the case, the commission makes a final decision;
change of owner of the organization;
complete closure of an enterprise or termination of the activities of an individual entrepreneur;
committing an illegal act that resulted in damage to the company, for example, theft of the organization’s property, disclosure of trade secrets or data of other employees;
employee ignoring the need to perform his job duties;
amoral behavior;
systematic violations of discipline;
failure by a pensioner to comply with safety requirements, which led to injury to other workers or the occurrence of an emergency.

If an employer decides to terminate an employment relationship with a pensioner without reasons provided for by law, then such dismissal may be declared unlawful in court. In addition, if cooperation is terminated due to a violation of discipline by a pensioner, for example, showing up at work while intoxicated or absenteeism, then this fact must be documented in the presence of several witnesses.

The employer dismisses a retired employee according to standard rules. The details of the procedure depend on the specific grounds on which the decision to terminate the employment contract was made. For example, if an employee is fired due to his fault (absenteeism, alcohol intoxication, etc.), it is necessary to draw up an act documenting the violation of labor laws, and an explanatory note is required from the employee.

The general procedure for dismissal at the initiative of management is as follows (Article 84.1 of the Labor Code of the Russian Federation):

An order is issued to terminate the employment contract with the employee. It specifies the grounds for dismissal.
The employee gets acquainted with the order of his superiors against signature. At his request, the employer is obliged to issue a certified copy of the document.
Records of dismissal are entered into the employer's records.
On the day of dismissal:
a full settlement is made with the employee (Article 140 of the Labor Code of the Russian Federation);
he is given a work book, a 2-NDFL certificate, a certificate of earnings for the last two years, as well as information about the pension insurance contributions transferred for him.

The Labor Code prohibits dismissing subordinates at the initiative of management if they are on vacation or sick leave (Article 81 of the Labor Code of the Russian Federation).

With equal productivity and efficiency, advantages over old-age pensioners are given to families with 2 or more disabled dependents, the only breadwinners in the family, those with a work-related injury, disabled people from WWII and combat, who improve their skills on the job.

The employer only has the right to conduct certification or a medical examination to determine whether the citizen’s qualities correspond to the work being performed. This is a completely logical step if you need to kick out a pensioner. It is well known that with age a person’s ability to work decreases, but this must be established legally. Also, certification gives the employer the opportunity to manipulate and make it overly complex.

Notice period

The law does not specifically indicate when management is required to notify employees of dismissal. For example, if we are talking about terminating the employment relationship with an employee who has committed serious misconduct, then the management’s reaction should come within 1 month from the moment the violation was discovered.

The fact is that disciplinary action must occur no later than within 1 month.

notice of employee dismissal for free in word format

If dismissal occurs under Art. 288 of the Code, then 2 weeks are given to warn the employee.

In the event of liquidation of an enterprise, termination of an individual entrepreneur or reduction of staff, notice of the upcoming dismissal must be received 2 months in advance (Article 180 of the Code).

If the decision to terminate the employment relationship is made by both parties, then the duration of the warning period under Article 180 of the Code may be reduced. In this case, the person receives the compensation required by law (Part 2 of Article 180 of the Code).

Indexation of pensions for working pensioners after dismissal.

How to resign of your own free will without working off

The law establishes a working period - the period after filing an application to terminate the contract, within 2 weeks.

The paper is prepared in two originals: one is given to the employer, the second is marked with receipt indicating the date and number of the incoming person. It remains in the employee’s hands in order to confirm his intentions and to provide an evidentiary basis in the event of a dispute.

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Procedure for dismissing an employee

resignation letter of one's own free will in word format

Dismissal of a working pensioner from his position at the request of the employer is possible only in cases specified in labor legislation.

At certain points, management invites its retired employees to write a letter of resignation on their own initiative. Dismissal is possible only with the consent of the pensioner himself.

Based on this paper, a corresponding order is issued. By the way, in such situations, a working pensioner may be exempt from the work required by labor legislation (2 weeks).

Important! A pensioner should not be forced to write a letter of resignation. If there is a certain pressure on the part of the employer, then this can be recognized as a violation of the law and civil rights of the employee. In this case, he may be brought to the admin. responsibility.

When it comes to dismissal caused by staff reduction, it is illegal to refer to the fact that they are dismissing a person of retirement age against whom there are no complaints regarding the performance of work duties (Article 179 of the Code). If a person's rights are violated, he can defend them in court. To do this, you must file a claim with the court.

An employee who continues to work as a pensioner has the same rights as other employees of the enterprise. After the dismissal order is issued on its basis, the person will receive all payments due by law.

It is possible to terminate an employment relationship with a pensioner if, according to a medical report, this person can no longer perform the labor functions assigned to him.

Sometimes doctors recommend transferring a person to a position where he will perform feasible work duties. Having such recommendations, the employer is obliged to offer the employee suitable vacancies (if any). If a person refuses the positions presented, he may be fired on the basis of the law.

Note! The reasons for dismissal must be documented.

For example, this could be a medical report. commissions, control acts, witness statements (in writing), etc. This requirement is mandatory and failure to comply may result in litigation.

On the last working day, the person is given all the required payments. In case of his absence, he will receive the money on the second day after a personal appeal on this issue.

It was already mentioned above that the order, which is issued on the last working day, must indicate the reason for dismissal and a link to an article of labor legislation.

What should be given to an employee on the day he goes to work for the last time:

salary for the month worked,
compensation for unused vacation time,
severance pay, the amount of which depends on average monthly earnings,
a work book drawn up in accordance with the requirements of personnel records management,
certificate 4H and certificate 2-NDFL (issued upon request).

Having received the above documentation, the pensioner signs in the work journal and in the personal card. If the documentation indicates a person’s retirement age, this is considered a violation of worker rights.

All records are made by the responsible employee of the HR department. The documents indicate the grounds for dismissal and also provide a link to articles of the law. Abbreviations are not allowed.

Papers with the signature of the personnel officer and the seal of the organization are considered valid. The order details are required. They are recorded in a separate column.

What payments?

Current legislation provides for mandatory payments that must be provided to a person regardless of the reason for dismissal:

remuneration for actual time worked;
sick leave payments, if they were not previously provided;
additional payments that were provided for by an individual or collective agreement. At the same time, the pensioner may lose them if he is fired for guilty actions;
compensation for vacation that was not used.

In case of dismissal due to downsizing or liquidation of the enterprise, the pensioner is paid severance pay for the first two months. This period may be extended if the person was employed in an occupation hazardous to health or worked in the Far North.

An employer may terminate an employment contract with any employee, including those who have reached retirement age, if there are grounds provided for by current legislation. Otherwise, the dismissal may be declared invalid in court, which will lead to financial losses on the part of the organization.

Depending on the reason for which the employer fires a person, the pensioner is assigned various types of payments.

Thus, if an employment contract is terminated due to staff reduction or liquidation of the company, in addition to wages for the time actually worked, the following are accrued:

Severance pay - paid to ensure that the pensioner has money to live in the first month after dismissal;
If a person does not find a job in the second and/or third month after the termination of the employment contract, additional compensation is awarded.

The amount of severance pay is calculated based on the person’s average monthly earnings for the last year.

Example. On the last day of work, the person was paid a salary for the days worked and severance pay for the first month. Over the next two months, the pensioner did not find a job, so he was awarded two more severance pay (for each month without work).

In all other cases, upon dismissal under Article 81 of the Labor Code of the Russian Federation, the pensioner is entitled to the following payments:

Salary for the last month worked;
Compensation for unused vacation days.

Is it possible for a pensioner not to renew his employment contract?

When the employment contract expires, the employer has the right not to renew it. It does not matter which category this employee belongs to. The same rule applies to pensioners. It should be noted that if the employment agreement does not have a specific validity period, then it is impossible to terminate it without a valid reason.

Concluding a fixed-term contract is the right of the employer. But if a person does not agree with this, they have no right to force him, especially if we are talking about pensioners. Violation of rights can be easily proven in court, so fixed-term employment contracts are concluded only with the consent of the pensioner.

Important! The law prohibits breaking existing contracts in order to conclude agreements in their place indicating a specific expiration date for their validity.

Dismissal of a pensioner without service, clause 3, article 80 of the Labor Code of the Russian Federation

Moreover, if the employer agrees to dismiss a pensioner without working for two weeks, provided that the person writes a regular application for termination of the contract (without indicating that he is going on a well-deserved rest, while the employer makes a regular entry in the work book), then the privilege in question will remain with the person “in reserve.” It can be implemented if the next employer does not turn out to be as accommodating.

Can a pensioner resign without working, simply by agreeing with an employer with whom they have a good relationship, and not paying attention to formalities? Undoubtedly. An employer can reach an agreement in this way with an employee of any age and length of service. But all this is unofficial - the law does not regulate such agreements.

Does a pensioner need to work off when leaving?

Many retirees are concerned about the question of whether they need to work for a certain period of time before resigning? There is no such requirement in the law. First of all, the concept of “working off” does not appear at all in labor legislation. The only thing we are talking about is that you need to warn about plans to stop working at this enterprise in advance (14 days before the desired date of dismissal).

Moreover, pensioners have the right to leave work at the moment when they themselves make such a decision. It is important to indicate in the application that this is their own desire.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Article 80 of the Labor Code of the Russian Federation: dismissal of an employee at his own request without working off

There are no valid reasons in the Labor Code that would allow other citizens not to work. They submit an application to the tax office, receive an order, sign it and wait 14 days. On the last day they come up to get a work book and payments.

According to standard rules, there is no dismissal without work. First, the citizen must submit an application in writing and provide references to the law, and then the employer spends 2 weeks calculating the person and searching for a new employee. However, there are groups of citizens who have the right not to work at all. The period cannot be shortened.

What benefits are available upon termination of employment?

Dismissal of a working pensioner on his own initiative is possible at any time without appropriate warnings and work off. This benefit is guaranteed by labor legislation.

A person has the right to such a benefit due to the fact that there are circumstances due to which he cannot continue to work. Such a circumstance in this case is the employee reaching retirement age.

A pensioner may refuse to undergo it if certain conditions are met:

the employee reached retirement age during the years of work at this enterprise,
a person resigns due to retirement.

Please note! A dismissed pensioner has the right to receive:

salary and debt (if any),
compensation for vacation that he did not have time to take,
severance pay,
other payments provided for in the employment contract.

Based on the foregoing, we can conclude that the procedure for dismissing pensioners has its own characteristics and difficulties. The head of the enterprise must comply with all the rules of the law so that there are no claims against him in connection with the violation of the rights of pensioners.

Labor Code

According to Russian legislation, a pensioner has exactly the same rights and obligations as those who have not yet reached retirement age, so the employer can dismiss him on a general basis.

Article 81 of the Labor Code of the Russian Federation clearly describes the circumstances due to which a manager has the right to terminate a contract with a subordinate on his own initiative.

However, it should be understood that the law does not allow discrimination on the basis of age: an employer cannot terminate the employment relationship with a pensioner simply because of his age. There must be good reasons for this.

Thus, the procedure for dismissing a pensioner does not differ from the general procedure. The only difference is that a person of retirement age has some benefits: for example, he can leave his permanent place of employment without mandatory two-week work.

Reaching retirement age is not a legal basis for transferring an employee from an open-ended employment contract to a fixed-term one. However, if the employee himself desires, the conclusion of such an agreement is permitted. The peculiarity of the conclusion is its validity period. At the end of the established period, the pensioner must be dismissed. If the employer does not formalize the termination of the working relationship upon expiration of the term, the contract automatically becomes indefinite.

Responsibility and punishment for illegal dismissal for the employer

Dismissal of a pensioner at the initiative of the employer in the absence of compelling reasons is a violation of the law. If you were illegally fired, you need to protect your rights.

To do this, you can contact various authorities:

Labor inspection
court,
The prosecutor's office.

You can DOWNLOAD samples of applications to the relevant authorities using the links below:

Complaint to the Labor Inspectorate about illegal dismissal
Complaint to the Prosecutor's Office
Statement of claim for recognition of dismissal as illegal

Please note that a complaint regarding illegal dismissal should be filed within a month from the date of termination of the employment relationship (Article 392 of the Code).

To get professional help, a dismissed employee needs to fill out an application. Specialists of the Labor Inspectorate, having received the appropriate signal, will conduct an inspection at the enterprise within one month.

If the fact of violation is confirmed, the employer will be given a punishment, for example, an order. In addition, the manager may be called to the admin. responsibility. In some cases, along with the order, an order is given to reinstate the person in his position.

Vacation for working pensioners.

The manager has the opportunity to appeal the punishment within 3 months if he does not agree with it. Events develop in a similar way if you contact the Prosecutor's Office.

Representatives of the government agency:

an inspection is being carried out
an order is issued
the manager is involved in the admin. responsibility.

If the pensioner cannot achieve justice after appealing to previous authorities, he will have to go to court. The court may resort to more radical measures, which cannot be said about the Labor Inspectorate or the Prosecutor's Office, which do not have such rights. The only thing they can do is refer the case to the court for further consideration.

The statement of claim is filed with the district court, which is located at the location of the offending enterprise.

Since the pensioner in this case is considered the injured party, there is no need to pay state duty. If the court makes a decision in favor of the pensioner, he is required to reinstate him at work and pay wages for forced absence from work. Sometimes a court obliges a company to pay compensation to an illegally dismissed employee.

Watch the video. Criminal liability may be introduced for dismissing employees before retirement:

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About pension

due to the impossibility of continuing cases of termination of contracts. A pensioner can take If the management is trying to get rid of the reference clause. InBoth the employee and the personnel officerIn order to prevent such and approach to at one’s own request, the wording “two weeks’ leave, if the job was arranged by a pensioner working off, if the employer initiative on his own for good reasons. Articles 77 , 78 before the expiration of their two-week work in They relate to absolutely temporary leave from the employee, he is instructed to know exactly the mistakes, it is necessary to detail the corresponding one. Immediately a pensioner without work?

first, second article. then the reason - “in the employee’s statement. lawyers believe that 77 states that two weeks, if the contract is about dismissal due to excessive rights. They are and after the appropriate offer to resign, indicating the legal act that is desirable for. There is one more subtlety. You know, dismissal under the third art. 8080 of the Labor Code of the Russian Federation)the employer is obliged to terminate the connection with the exit" The first believe that working pensioners will not indicate anything by agreement of the parties that will not be provided from their salary or birthday compensation. And since he is a mandatory employee for an employee. Otherwise, no in the situation under consideration. of one’s own free will without the Labor Code of the Russian Federation. Part three of the employment contract for retirement. “. that this dismissal does not differ from an employment contract; the desire to quit may be caused by this reason, then in normal teams for unused days they are obligated to dismiss now has another not. It is possible for the management to make concessions. Dismissal for pensioners on their own terms can also be applied in Art. 80 Labor Code the period specified in At the same time they are retained is not the exit of other employees and be terminated upon retirement. the employer is obliged to observe people try to respect rest, sometimes when it is a source of income. Excuses and not to refer are not required. The desire of a pensioner without to be implemented only in relation to this category of the Russian Federation establishes that the employee's application, even many benefits that are for retirement, i.e.