Dismissal due to retirement: article of the labor code

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Published: 04/25/2016

Reading time: 10 min

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Reaching the age specified in the legislation allows the employee to retire. For men it is sixty years, and for women fifty-five. There are also certain categories of citizens who have the right to terminate their employment at an earlier date. These are various beneficiaries, which, for example, include workers in the Far North or career military personnel.

But in any case, this event is a consequence of long-term work activity and, due to the specifics of termination of an employment contract for this category, dismissal has its own characteristic features, which personnel department employees are not always aware of.

In this case, one should be guided by Article 77 of the Labor Code, namely the third paragraph of its first part, which regulates the calculation at the employee’s own request. And the main legislative act is the provisions of Federal Law No. 173. In addition, the legislation provides for retirement in connection with the assignment of a disability group .

Reasons for stopping work
Dismissal procedure: Leaving at your own request
Post-service care
Disability care Urgent payment
Deterioration of health

What payments are available?

Is it possible to get a job again?

Mandatory base

Any dismissal due to old age in the Fatherland is controlled by two laws of the Russian Federation:

“On state pension provision”;
“On labor pensions in the Russian Federation.”

Laws today are constantly under the close attention of people’s representatives, who are thinking about their fundamental changes. As of 2021, the established rules are still in effect:

women have the right to retire at the age of 55;
men - from 60.

Important! In June 2021, a new procedure and stages for increasing the retirement age were approved. The increase will be gradual, the increase schedule is explained in more detail in the video below.

What the reform offers:

increase the minimum threshold for receiving maintenance by age for women under 60 years of age;
for men - up to 65 years.

The reform has been approved, but many questions remain that will be clarified and clarified in the near future. In any case, the legal basis determining dismissal upon retirement due to old age remains in the 2 above-mentioned laws.

Features of dismissal due to retirement

In some cases, the dismissal of employees upon retirement is accompanied by a number of nuances that should be taken into account.

In particular, these include:

termination of an employment contract with financially responsible persons
dismissal of state or municipal employees

Financially responsible person

Before dismissing a materially responsible employee, you must:

conduct a general inventory (in accordance with paragraph 27 of Order of the Ministry of Finance of the Russian Federation No. 34n dated July 29, 1998)
transfer business to a new employee
revoke the powers of the resigning employee and terminate the powers of attorney issued to him

The financially responsible employee must be present during the inventory. Also, his signature must be placed at the beginning and at the end of the inventory form.

Based on the inventory act, the transferred assets must be capitalized by the new responsible person or the immediate management of the resigning employee. It is also mandatory to draw up an act of acceptance and transfer of valuables.

Additionally, the transfer of cases must be formalized, for which an order is issued to carry out the relevant event.

State or municipal employee

For some categories of state and municipal employees, an age limit has been established up to which they have the right to hold their position. As soon as the deadline specified in the employment contract arrives, these employees must leave their workplace.

In this case, an appropriate order is issued, which indicates the reason for dismissal, and the employee is paid all payments and compensation due to him, in the amount of his several official salaries.

Thus, the dismissal of employees due to their retirement has a number of features and nuances that should be remembered in order not to violate the provisions of the labor legislation of the Russian Federation.
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How many stages does dismissal take?

The first thing that is important to know to begin with is that taking a vacation for years is not an obligation, but a right of a working person. The boss at work is in no way vested with the authority to automatically dismiss an older employee into retirement only at his own request. The exception is special categories of positions where the age limit is limited by law.

The second significant detail is that dismissal due to old age does not deprive the pensioner of the opportunity to re-employ in the desired position, even in the same one, with the same employer.

At the same time, the established procedure for retirement is as follows:

An application from a potential pensioner addressed to the main employer.
Consideration of the application.
Order from the HR department based on the petition.
Calculation and all due payments.
Final entry in the labor record.

The completeness and accuracy of the execution of each stage must be monitored and verified personally; violation of at least one point will later result in major conflicts with the Pension Office.

Dismissal procedure

The process of removal from work takes place in 9 steps:

The pensioner writes an application at any time (no earlier than 2 weeks in advance) on the basis of “at his own request”.
The employee checks and certifies the document, transfers it to the HR department, and the accounting department begins to calculate payments and compensation.
The personnel officer checks the documents and issues the order.
The specialist passes the order to the employee, the latter signs.
A corresponding entry is made in the work book; it can be made before the pensioner confirms the order.
The specialist prepares copies of documents and the original employment document, including all papers related to the person’s work in the organization and his dismissal.
The personnel officer copies the entry in the work book, sews it into the personal file and sends it to the archive.
The pensioner receives a work book and makes an entry in the accounting journal.
The dismissed employee goes to the accounting department and receives a certificate and payments.

If an employee cannot send a letter of resignation in person, he has the right to send a letter by Russian Post.

Drawing up an application

Having decided to become an official pensioner, the employee is free to submit a letter of resignation on any day convenient to him. Whether he is on vacation, on sick leave or, as usual, at work at that time does not matter. The main condition here is reaching the required age.

When it comes to a simple severance of the employment relationship, the initiator of the severance must allow a 2-week interval between the day of filing the application and the actual day of leaving. That is, the application must be submitted no later than 14 days before the planned date of resignation. But in the case of applying for an old-age pension, such a condition is not necessary. The future pensioner does not need any work, to the point that you can formalize your resignation and leave work on the same day.

Features of submitting an application:

the petition is drawn up in a simple form containing the address (to whom from whom, namely to the manager from such and such an official-applicant), the request itself, the current date and signature;
the addressee must accept the document, study and put his resolution on it;
if desired, the applicant has the right to demand that his petition be registered in the office work, secure the registration with a stamp, and receive a copy of the recorded document in order to avoid harassment from dishonest management.

A typical retirement application template is suitable for all ordinary businesses:

Sample letter of resignation due to retirement.

However, specialized institutions may have strict requirements for such papers (civilians and personnel of military registration and enlistment offices, military units, Ministry of Internal Affairs, etc.), so employees of such organizations should first contact personnel officers for the required form.

The addressee has no right to avoid accepting the said petition, as well as from making a positive decision on it. The only reason for refusal to consider can only be some gross error in the document, or the lack of legal grounds (the required age threshold has not been reached). In all other cases, deliberate avoidance of a question, delay or excuse on the part of the employer in response to a desire to leave work due to old age becomes illegal.

If this still happens and the petition is not accepted, it is enough to submit it via registered mail, which implies return notification. On the day when the letter is delivered to the responsible person of the organization by postal services, the request will be considered accepted.

Making an order

A resignation letter is only an expression of the employee’s will, and a boss’s visa is only an expressed decision. For all this to come into force, an order is needed regarding the personnel department of the enterprise involved. In large organizations, this is done by individual lawyers and HR specialists; in medium and small organizations, this is done by accountants, part-time.

The nuances of issuing a dismissal order in connection with retirement:

allowed to be issued using a special form T-8 (Post.GKS-1, 01/05/2004);
allowed to be issued using the employer’s own form;
must necessarily contain an indication that the employee is leaving for retirement;
must necessarily contain standard attributes established by the Labor Code of the Russian Federation.

In an example, an order on a topic looks like this:

Sample order for dismissal upon retirement.

It is best to issue a document under the date of direct exclusion of the applicant from the lists of personnel, however, this condition is optional.

Entitled payments to pensioners

If dismissal upon retirement occurred in the standard mode, at the request of the subordinate himself, then the list of payments due to him will include the same compensations that are provided for ordinary employees. Namely:

Salary (calculated at the employee’s daily rate, for the period from the moment he receives his last advance until the day he leaves the enterprise);
Non-vacation leave (this includes 28 days of basic leave and additional legal days off added for length of service or for harmfulness);
Severance pay (paid one-time, except in cases where the pensioner was removed from official duties due to a planned reduction in staff or complete liquidation of the individual entrepreneur. In these circumstances, it is necessary to recalculate the compensation and divide the resulting amount into 2-3 months).

But if a pensioner is dismissed on the initiative of the management, temporary unemployment benefits will be added to the mentioned list, which must be paid for the entire period of stay of the dismissed person on the employment exchange.

Calculation of payments

There is a target article of the Labor Code of the Russian Federation for payments to an employee who decides to terminate an employment agreement - 140th. According to it, the full payment of the resigning person is the sum of:

the balance of wages accrued for work from the moment of the last payment until the moment of leaving;
debenture compensation for all vacations allocated but not used for various reasons by the employee;
unpaid debts for business trips, sick leave, and other additional items.

A fully calculated and compiled severance pay is issued, as a rule, on the resigning employee’s last working day. If the recipient was unable to be at work on the specified day for objective reasons, payment is made later upon request. By 2021, salary bank cards are already actively used in Russia, and in practice, money is simply transferred to their account on the due day.

Registration of labor

The last step to the long-awaited indefinite leave is to receive a work book with the relevant entries made in it. How they are produced and what they should contain:

The final entry in the work book about retirement must repeat word for word the text from the corresponding order.
All incentives must be included in the section designated for them and supported by the signature of an OK specialist and the seal of the department or enterprise.
Other entries, including key and dismissal entries, are also confirmed by the signatures of responsible persons and a valid official seal.
The owner of the work book puts his signature on familiarization under the dismissal entry, namely in column 3 of the work book.
Every typo, blot, or corrected error must be properly certified, as required by official records management - that is, the inaccuracy is not simply crossed out or erased, but a separate clarifying entry is made about the invalidity of the incorrect information and the validity of the correct information entered instead. Errors in service records are generally unacceptable, and in the case of a pension, they even threaten with the refusal of the Pension Fund of the Russian Federation to make the required accrual of maintenance. Anyone who is thinking about how to retire properly needs to know this.

This is what a pensioner’s work record looks like.
Having received all the due payments and signed all the necessary entries, the future pensioner can pick up the completed work book, and along with it the diplomas, military ID, and other documents kept by the personnel officers, and this will automatically become the beginning of his new life. There is no need to do anything else.

Article 81 of the Labor Code of the Russian Federation

Information about additional grounds for dismissing an employee is recorded in the employment contract. The fact of the occurrence (identification) of circumstances allowing the dismissal of an employee for one of the additional grounds must be documented.

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This takes into account the circumstances of the commission of the immoral offense, the degree of its severity, as well as whether the employee has previously committed similar offenses. As a rule, when an employer makes a decision on dismissal, it also takes into account how well the employee has proven himself in the eyes of his colleagues and wards.

Some features

Civil dismissal at one's own request for retirement is an identical procedure for all areas of activity, both government and commercial.

However, a number of labor relations fall outside the general norms:

the transition to pensioner status of law enforcement officers, security agencies, and military departments occurs using separate rules determined by the ministries of these institutions;
settlement with retired hired workers, when the employer is an ordinary person, consists, in fact, of simply leaving work, since there can be no official relationship, other than a semi-symbolic agreement, with a non-legal entity.

Another non-standard point is to go through the procedure again when someone who has already left somehow returns to the ranks of the workers, and then wants to pay back again. The practice is that in this case it is not prohibited to formalize the resignation both as a regular dismissal and as another departure for a well-deserved rest. There are no specific instructions in this regard in the law.

The following situation is that a potential pensioner works at two enterprises, but wants to apply for a pension only at one of them. There are no special provisions for such a case; the candidate calmly resigns in the prescribed manner where he wants to do this, and continues his work activity where he wants to stay.

Privileges and restrictions

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

Early retirement is allowed.
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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