Dismissal after retirement. The procedure for dismissal of a pensioner: existing grounds and restrictions, and how can you protect your rights? Dismissal of the head in connection with retirement

01.10.2020

The process of dismissal of employees for employers is accompanied by the emergence of responsibility of the company's management for the decision made.

Failure to comply with the established norms of the law may result in administrative and criminal liability.

Many questions arise when working pensioners are laid off.

Do you need two weeks of work?

Russian laws provide for the termination of employment contracts at the initiative of the worker with the obligatory notification of the employer of his intention in advance. 14 days - time to work out.

Working pensioners belong to the preferential category of workers, they are not required to work.

Thus, there is no need for processing. Retirees may not work at all. By finding a job at an enterprise, they get some freedom of action.

But there is a condition in this question: working off is not needed only for the initial dismissal of a pensioner in connection with retirement.

If an elderly employee has already terminated the employment relationship due to retirement, then he will still have to work for the due 2 weeks from the date of writing the application. An indulgence can be given by the head of the company himself, given the age of the subordinate.

Important Points

By accepting the application personnel officer prepares the necessary order, which is the basis for calculating wages and compensation for unused vacation.

The phrase “in connection with retirement” protects the pensioner from the arbitrariness of the enterprise administration. The employer is obliged to dismiss the applicant on the day specified in the application.

Sometimes employers mistakenly assume that a pensioner can terminate employment obligations only on the day of retirement without working off. And if the desire to quit an elderly employee arose after he reached retirement age, then he is assigned to work. These actions are illegal.

The pensioner has the right to terminate the employment relationship at any time convenient for him, the date of retirement does not matter.

Every employer needs to remember:

without the personal desire of a pensioner, it is impossible to dismiss him only because he has reached retirement age (Article 3 of the Labor Code of the Russian Federation);
judicial practice shows that in the event of labor disputes, the court takes the side of the pensioner, his rights at work are restored;
when an enterprise is liquidated, pensioners are fired, as are the main workers;
if an elderly employee, due to age-related changes, cannot cope with his duties, but does not want to quit, then the employer can offer him milder working conditions.

At the enterprise, a working pensioner can afford to terminate the employment relationship earlier than the rest of the staff.

conclusions

Company executives sometimes use the regulatory framework for their own purposes. The desire to get rid of the pensioner pushes the employer to persuade the elderly worker to quit. There can be many excuses, but the goal is the same - to force the pensioner to leave.

Such actions are illegal. The dismissal of a pensioner can be carried out exclusively on his personal initiative (Article 77 of the Labor Code of the Russian Federation). There can be no other options.

If the pressure of the management does not stop, it is necessary to write a complaint to the supervisory authorities.

Many citizens who have taken a well-deserved rest continue their labor activity. Not all employers agree with this state of affairs and are taking steps to reduce pensioners. The Labor Code establishes that older people have the same rights as other workers. It is necessary to figure out how, without violating the law and claims from an employee who has reached retirement age, terminate an employment contract unilaterally, and whether an elderly employee can quit of his own free will.

Rights of working pensioners

Russian legislation stipulates that citizens who have reached a certain age have the right to leave work and go on a well-deserved rest. The state guarantees pensioners monthly payments from the federal budget. Not everyone has enough of this assistance for a decent life, so many citizens continue their work in order to improve their financial situation.

Old age is not grounds for termination of employment, as this is considered discrimination. Older people not only have rights along with all other workers, but also have a number of advantages:

The dismissal of a working pensioner at his own request does not imply a mandatory two-week working period.
Having a long work experience, citizens of retirement age are highly qualified employees. Even in the event of a reduction in staff, such people have an advantage and cannot be fired.
Senior citizens are entitled to an extraordinary leave of 14 days.
Employment does not cancel the right to receive pension allowance.

Features of dismissal

A good reason is required to terminate an employment relationship with an older person. Chapter 13 of the Labor Code outlines the grounds on which a contract with an elderly person can be canceled or terminated:

At the initiative of the worker. There is a dismissal of a pensioner without working off, which is practically impossible when terminating a contract with other employees of an organization or enterprise.
Agreement of the parties. An employment contract concluded for an indefinite period, as well as a fixed-term employment contract, can be terminated at any time established by agreements between the employer and the employee. Any party can initiate early termination of the contract. Management pressure is not allowed.
Conditions beyond the control of the parties. Features of the dismissal of pensioners in this case fall under the general conditions. The list of grounds here is wide, but among the main ones one can single out the liquidation of an enterprise, cases when an employee is recognized as incapacitated, emergencies (catastrophes, natural disasters), etc.
Staff reduction. An employee may be offered another place of work, and the dismissed person has the right to either agree to new working conditions or refuse.
End of the contract. The citizen must be warned about this at least three calendar months before the day of dismissal. An exception is the performance of the duties of another employee, seasonal or certain work. In this case, the termination of cooperation occurs when the replaced employee leaves or at the end of the work.
Violation of industrial discipline or legislation. The dismissal of working pensioners is possible if they are absent from the workplace without a good reason or if they appear there in a state of intoxication, etc.

Legal regulation

The conditions for hiring employees, remuneration and issues of termination of cooperation are determined by law. The main document that regulates this is the Labor Code. In addition, it is necessary to pay special attention to other legislative and regulatory acts, according to which a pensioner is dismissed at his own request:

Law No. 400-FZ dated December 28, 2013, concerning insurance pensions;
Law No. 173-FZ of December 17, 2001, covering the issues of labor pensions;
Order of the Ministry of Labor of Russia No. 436n dated May 22, 2017, concerning the issue of the retirement of certain categories of civil servants.

The procedure for the dismissal of pensioners at their own request

The decision of an elderly worker to terminate cooperation with an employer on a personal initiative does not contradict the norms of the law. The employer has no right to interfere with this. The dismissal of a pensioner at his own request from his position occurs according to the following algorithm:

The date of termination of the employment relationship is determined.
An elderly person must submit a written application addressed to the head of the enterprise indicating the reason for dismissal.
An organization order is issued.
The employee must be familiarized with the order under the signature, which confirms his consent. If necessary, the employee is given a copy of the document.
The accounting officer carries out the formation and payment of the due funds.
An entry is made in the work book indicating the article and the date of dismissal.
A work book, a certificate of wages and other documents are issued at the request of a citizen.

Can a working pensioner quit without working off

According to the legislation, the dismissal of employees at their own request from the main place of employment is possible at any time. The law provides that a person may be assigned to work for two weeks, unless other agreements are reached. So, for example, if there is already an applicant for the position, this time can be reduced. Working off upon dismissal of a pensioner is not assigned, but exceptions are possible, for example, if you need to take an inventory.

What payments are due at the final settlement

After issuing the order, the employee must familiarize himself with its contents and put his signature under it. Then the document is transferred to the accounting department for the accrual of all payments provided for by law and the contract. The employer is obliged not later than the last working day to make the final settlement with the pensioner. Funds can be transferred later for reasons beyond the control of the employer, for example, related to the work of a banking institution. The dismissed person is paid:

salary for hours worked;
severance pay;
compensation for unused vacation;
two-month salary (in case of liquidation of an organization or enterprise or reduction of staff);
additional payments, if they are provided for by the collective agreement.

Video

After receiving retirement status, most people prefer to continue working - these are the realities of today. Behind older employees - knowledge, experience, qualifications and other "wealth" attached to the years. Unfortunately, often these include health problems, which means private sick leave. Not always an employee of retirement age wants and can adapt to changing requirements, learn new skills, there are difficulties regarding personal relationships in the work team, especially if you have to obey a young boss.

There are enough reasons why an employer would like to retire such an employee. But what if the employee sees it differently? How to comply with the dismissal procedure on legal grounds, without discriminating the dismissed person by age?

What are the benefits for retirees?

According to the provisions of the current Labor Code, pensioners are equal in rights and obligations to all other employees (Article 3 of the Labor Code of the Russian Federation).

But in some cases, retirement age guarantees certain benefits at work.

By law, age cannot be a reason for refusing employment (Article 64 of the Labor Code of the Russian Federation).
A retired veteran of the Great Patriotic War, if he continues to work, can choose the time for his vacation himself (clause 1, article 15-16 of Federal Law No. 5 of 01/12/95).
Upon request, an employee of retirement age may take additional unpaid leave of up to 14 days.
Working pensioners are exempt from paying property tax.
Elderly employees receive certain preferences when issuing vouchers to sanatoriums and other health-improving institutions.

Age is not a reason to quit

As much as an employer would like to fire a retired employee in order to get rid of certain difficulties and make room for young people, the law does not allow this.

Art. 3 of the Labor Code of the Russian Federation clearly defines that the retirement age can in no case be a reason for dismissal.

IMPORTANT INFORMATION! Any insufficiently substantiated reason for the dismissal of a pensioner in court in most cases will be regarded as age discrimination, which is fraught with serious consequences for the employer.

Of course, there are many ways in the manager's arsenal to force him to write a statement "of his own free will." But if a pensioner does not really have such a desire, but has a determination to defend violated rights, then in court an employer looking for easy ways is practically doomed.

FOR YOUR INFORMATION! The wording “of their own free will” in relation to employees of retirement age is appropriate only if there is their good will. In this case, they can do without a mandatory warning for everyone 2 weeks before leaving (Article 80 of the Labor Code of the Russian Federation). They can use this right once, indicating in the application: "in connection with retirement." will also appear in the workbook.

What if we agree?

The agreement of the parties is the most convenient way to say goodbye to an employee who formally has nothing to dismiss. With a pensioner who does not want to enjoy the joys of life without daily work, you need to talk tactfully, explaining the reasons for the manager and offering financial support. Most likely, the wisdom of years will tell the employee that it is not worth fighting for a place in an organization where he is no longer needed. It will take the spiritual subtlety of the employer for this conversation to go without mutual insults.

If an agreement is reached, an agreement is drawn up, on the basis of which the employment contract is terminated.

IMPORTANT! The agreement must reflect the will of both parties and the amount of benefits that the employer will have to pay upon dismissal.

The law is the same for everyone

The remaining grounds for the dismissal of a pensioner from office are no different from those provided for all categories of workers.

Like any other subordinate, an employee of respectable years can lose his job if:

violates the work schedule and discipline in the team (truant, late, is intoxicated, etc.);
the staff of the company is forced to reduce;
the working conditions have changed, ceasing to suit the pensioner, and there are no other vacant positions with suitable qualifications in the company or he does not agree to them;
the employer's organization is liquidated;
his inadequacy for the post will be proven.

The work of a pensioner has become inferior

Position mismatch is the main "headache" of the employer associated with retired employees. When a person is no longer able or does not want to work as required, of course, the employer has the right to part with him. But the manager himself is not authorized to objectively assess the job compliance of employees - for this a special commission is created that certifies the employee. If its verdict is “loss of certain skills”, then a retired employee who has ceased to correspond to his position must suggest other vacancies that will meet his current qualifications. As a rule, these will be lower positions, much less paid. In case of disagreement of the employee or the absence of suitable vacancies, the dismissal is lawful.

If an elderly person cannot fully fulfill his duties due to poor health, the verdict of the commission will again be needed - but not attestation. And medical. The employer himself cannot make decisions on the compliance of the employee's health with job requirements. The dismissal procedure after the verdict is the same as in the case of recertification.

When deadlines are pressed

The employer has the right not to renew an employment contract that has expired, even if it is a contract with an employee who has reached the age of a pensioner. Here is another legitimate reason to spend it on vacation.

NOTE! If the contract was drawn up with an indefinite period, then it cannot be terminated without reason.

The employer may offer the employee to conclude a fixed-term contract in order to naturally dismiss the employee when the term expires. But forcing an employee to agree to such an option would be illegal, which can easily be proven in court. Fixed-term contracts with pensioners should be drawn up only with their voluntary consent!

ATTENTION! Art. 59 of the Labor Code prohibits breaking existing contracts in order to conclude urgent ones instead!

Looking for a compromise?

If you can’t find a justified TC reason for dismissing an elderly employee who has ceased to suit the employer, you can look for a way out in which “both the sheep are safe and the wolves are full.”

For example, instead of completely resigning from a position, you can offer a retiree to go to a part-time, part-time or reduced week.

Thus, the employee saves his job and self-respect, and the manager saves on wages and saves an experienced "cadre", for example, for mentoring and other functions.

Protected by the union

If the pensioner to be dismissed is a member of a trade union organization operating at the enterprise, the employer needs to obtain consent from this body to terminate the employment relationship.

If there is no response to the employer's request within a week, the opinion of the trade union on dismissal can not be taken into account in the future.

If a negative opinion is expressed, this does not mean that the employee cannot be dismissed: it will simply be necessary to follow the appropriate procedure regarding the dismissal of union members.

Reminder for the employer

Let us summarize the important nuances regarding the dismissal of pensioners.

Without the consent of the pensioner, it is impossible to dismiss him on the basis of age (Article 3 of the Labor Code of the Russian Federation).
The court equates disputed reasons for dismissal of a pensioner with age discrimination.
In cases beyond the control of the parties, downsizing or changing the terms of the employment contract, the dismissal of pensioners occurs in the same way as other employees.
A compromise solution may be the transfer of a retired employee to a reduced schedule.

The dismissal of pensioners from the enterprise occurs according to the general rules provided for all other employees. Persons of retirement age have the right to terminate the employment contract at their own request. But the dismissal of an employee will have its own specifics if the person retires from the company.

Features of the dismissal of working pensioners

For persons of retirement age, the same termination procedure and the same grounds for dismissal apply as for employees with a different status. Dismissal occurs on the basis of Article 77 of the Labor Code.

It is important to bear in mind that after reaching the retirement age, the employer does not have the right to dismiss an employee only on this basis on his own initiative. There is also no automatic termination of the employment contract. However, an employee may choose to retire. The pensioner has the right to inform the employer of his desire to terminate the employment contract on his own initiative at any time. This right is not limited by any time frame.

To initiate the process of terminating the employment contract, the employee must file a dismissal within the prescribed time frame. It is the written application received by the employer that will become the basis for issuing an order to terminate the employment contract. The employer has no right to prevent the pensioner from exercising his right to leave the company.

The peculiarity of terminating an employment contract at the initiative of a pensioner will be that in exceptional cases he has the right to quit without working off, which is mandatory for other employees.

This will be his preferential status as a worker.

The procedure for the dismissal of a pensioner at his own request

The procedure for dismissal of a pensioner employee at his own request involves the following steps:

The pensioner submits a letter of resignation of his own free will. It must be in writing and signed by the employee himself.
Based on the application, a dismissal order is issued in the form T-8 or in its own form, approved by the company. The order indicates the date of dismissal, the full name of the employee, his personnel number, the reason for dismissal (in this case it will sound like “The employee’s own initiative, clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation”), the details of the letter of resignation and the date its provision. The employee must read the order and put his signature on it. If he is absent from work or refuses to sign the order, then a corresponding note is made about this (according to part 2 of article 84.1 of the Labor Code).
A note on the validity of the employment contract at the initiative of the pensioner is entered in the work book and a personal card in the form of T-2.
On the working day, the final settlement with the pensioner is made. The compensation due to him includes for hours worked and unused vacation.
Upon dismissal, the employee must be given a complete set, including a work book, a certificate of the amount of earnings for two years of work, information regarding the transferred insurance premiums to the Pension Fund of the Russian Federation and a copy of the dismissal order (on request).

Terms of notice of dismissal

Many pensioners have a question whether he can quit without working off. In fact, there is no definite answer to it.

In general, pensioners are required to notify the employer of their desire to quit at least two weeks before the upcoming termination of the employment contract. This period begins to be calculated from the day following the receipt of the application to the employer (under Part 1 of Article 80 of the Labor Code).

Reduced terms for warning a pensioner about the upcoming termination of an employment contract for a duration of three days will be applied in the following cases:

if the employee leaves during the period (according to part 4 of article 71 of the Labor Code of the Russian Federation);
the employee was registered under an employment contract concluded for a period of less than 2 months (under part 1 of article 292 of the Labor Code of the Russian Federation);
the employee was employed for seasonal work (according to part 1 of article 296 of the Labor Code).

For certain categories of workers, on the contrary, an extended time range for warning is applied. In particular, for athletes and coaches, leaders of the organization, the period is increased from two weeks to a month.

It is worth noting that despite the fact that the Labor Code contains an indication of the deadlines for submitting a letter of resignation, in agreement with the employer, the contract can be terminated ahead of schedule before the expiration of 2 weeks (according to part 2 of article 80 of the Labor Code of the Russian Federation).

Dismissal of a pensioner at his own request without working off

Statement

The application for the dismissal of an employee of his own free will does not have a unified form. Usually, each company has its own recommended sample for filling out this document.

The application must include the following points:

In the "header" of the document in the upper left corner, the name of the employing company and the full name of the head of the company, as well as the applicant's data, are written.
The name of the document "Application" is written in the center.
In the main part, a request for dismissal of one's own free will is indicated, indicating the reason for dismissal.
The date and signature of the employee with a transcript are put.

The pensioner should pay special attention to the wording of the request part of the application. If he simply writes here “I ask you to dismiss of your own free will” without reference to the retirement age, then he will have to work for two weeks. Of course, if the employer does not agree to release him from work without working off the law.

But if the pensioner refers in the application to the desire to retire (“I ask you to dismiss of your own free will in connection with the retirement under paragraph 3 of article 80 of the Labor Code of the Russian Federation”), then the employer will be obliged to dismiss the pensioner on the very day on which he indicated. The pensioner does not have to submit such an application within the prescribed period (at least two weeks in advance). For example, if a pensioner writes an application on May 22, then on that day the employer must terminate the contract with him.

Payouts

Upon dismissal of their own free will, pensioners are entitled to a standard set of payments:

Salary for the actual period worked.
Compensation for unused vacation(if the employee did not use the vacation days due to him for this or the previous period). If an employee has used more vacation days than he is entitled to, the employer deducts the overpayment from the salary due.
Premiums and bonuses provided by the wage system.

All payments must be made by the employer on the last working day of the employee. If he did not work, then payments are made no later than the next day, which follows the date of presentation of the requirements for the calculation. In case of non-payment of funds on time, the employer is obliged to pay the pensioner a penalty for each day of delay, which are paid as a percentage of the amount of the debt.

At the request of the employee, you should provide him with a note-calculation justifying the amount of the amount paid. If the employee does not agree with the calculations, then on the day of dismissal, the employer must transfer to him the amount that is not disputed.

upon dismissal of one's own free will is not charged. But a collective or labor contract may provide for such compensation. Their size and payment procedure is determined at the discretion of the employer. Typically, severance pay is paid in the amount of 1-3 of the employee's average monthly earnings.

A pensioner cannot oblige the employer to pay him severance pay, since such an obligation is not spelled out in the Labor Code. Art. 178 of the Labor Code contains an exhaustive list of grounds under which a company is obliged to pay benefits, and retirement does not appear there. But if the signed labor / collective agreement fixes the obligation to pay severance pay, then the pensioner has the right to claim it in court.

Wages, compensation for unused vacation, as well as bonuses are paid minus personal income tax. His employer is obliged to withhold and transfer to the budget on the day of payment.

As for the severance pay, which is paid at the initiative of the employer, in order to be exempt from it, it is required that it does not exceed 3 of the employee's average monthly earnings.

Thus, the dismissal of pensioners of their own free will occurs in the regular mode. To do this, they must submit a letter of resignation in the name of the employer. If an employee decides to quit due to retirement, then the employer must dismiss him on the day the application is written without working off. If he was dismissed earlier on the specified basis from another workplace, then such a benefit is not provided. In this case, the pensioner will have to work for two weeks.

The dismissal of a pensioner is the final termination of the labor activity of a person who receives pension payments. Currently, most of those who have reached retirement age continue to work. And in this regard, very often employers have a question: how, according to the law, to dismiss a pensioner in connection with the necessary rotation of personnel? In turn, workers approaching retirement age are worried about whether a pensioner can be fired due to age. We will answer these and other questions in the article.

Age is not a reason to quit

A person who has reached a certain age has the right to stop his labor activity and go on a well-deserved rest. But also the legislation of the Russian Federation does not prohibit such elderly people from working. Especially if they are full of energy and can fully cope with their labor duties.

Despite the fact that in connection with the pension reform of 2020, the retirement age has been increased (for men - 65 years, for women - 60), he did not become a reason for dismissal. And if the manager nevertheless forced the elderly employee to break off the employment relationship without justified reasons, this will be regarded as age discrimination. In such cases, employers are in big trouble. How to dismiss a pensioner without violating his rights and legislation?

The legislative framework

All situations related to employment and termination of an employment contract are regulated by the Labor Code and adopted regulatory legal acts:

Federal Law of December 28, 2013 No. 400 “On insurance pensions”;
Federal Law of December 17, 2001 No. 173 “On labor pensions in the Russian Federation”;
Art. 77, 78, 80, 81 of the Labor Code of the Russian Federation.

Standing apart are fixed-term contracts, which are regulated by Art. 59 of the Labor Code of the Russian Federation. According to the law, the term for concluding such an agreement is limited to 5 years. It is convenient for the employer, as it allows you to end the working relationship on time and does not require the payment of severance pay. But a fixed-term contract can only be concluded with the consent of the candidate.

Rights of a working pensioner

According to the Labor Code, working pensioners have the same rights as other employees. And in some cases, they even have advantages:

a veteran of the Second World War, if he works, can choose a convenient time for vacation;
an elderly worker may take additional unpaid leave of up to 14 days;
exempt from paying property tax;
have preferences when issuing vouchers to rest houses or sanatoriums;
upon dismissal in connection with leaving for a well-deserved rest, they have the right not to work out the prescribed two weeks.

When processing is required

Despite the fact that Article 80 of the Labor Code does not provide for a two-week notice period for dismissal for pensioners who go on a well-deserved rest, there are exceptions. These include:

termination of the contract by agreement of the parties, when a new employee needs to be found for the vacant place;
when the employee has already exercised the right to quit due to retirement without working off the prescribed two weeks.

Dismissal of a pensioner in 2020

The Labor Code prohibits any discrimination, including age discrimination. Reaching retirement age in itself is not a reason for parting with an employee, and termination of an employment contract in this case should be carried out on general grounds:

by agreement of the parties;
at the initiative of the employer;
at the discretion of the employee.

Let's take a closer look at each of the methods.

Dismissal of a pensioner at his own request

The easiest way to dismiss a pensioner is if he writes a statement of his own free will.

The legislation does not establish a time period between obtaining the right to receive a pension and dismissal of a working pensioner at his own request. An employee can apply immediately after becoming eligible for pension payments or stay in work for as long as he considers possible.

The dismissal process in this case is no different from other employees, with one exception. We already wrote about it above: if an employee receiving an old-age pension quits for this reason for the first time, he may not work for the prescribed two weeks.

First of all, an application must be drawn up, which indicates:

FULL NAME. employer;
personal data and position of the resigning person;
the text of the statement itself;
date and signature.

Sample letter of resignation

After the head has received the application, he can proceed to issue the order. It is issued in the T-8 form, approved by the State Statistics Committee.

The order specifies:

name of the organization, OKPO code, order number, date of publication;
the date of termination of the employment contract and the number under which it is listed in the internal archives of the organization;
FULL NAME. the retired pensioner and his position, personnel number;
grounds for terminating the employment contract. To avoid an offense, this line indicates that the basis was the employee's own desire to quit due to retirement;
the position of the employer, his signature with a transcript and the signature with a transcript of the employee, confirming that he is familiar with the document.

After the issuance of the order, the manager must issue a full settlement to the resigning person, including mandatory payments and additional ones.

At the same time, a work book is drawn up, in which the date, reasons for dismissal, the number of the order and the date of its publication are entered.

After completing all the necessary papers, they are handed over to the former employee. Which, in turn, must sign in the register of the movement of internal documents, confirming their receipt.

For financially responsible persons, everything is a little more complicated. The letter of resignation must be submitted two weeks before the expected date of termination of employment. An inventory and transfer of accountable property to a successor or employer must also be carried out.

Upon termination of the employment contract at his own request, the employer must pay:

wages for actual hours worked;
compensation for unused vacation this year;
additional payments at the discretion of the employer.

Dismissal of a pensioner by agreement of the parties

In this case, the termination of the employment contract occurs at the initiative of both parties. The procedure is drawn up in the same way as with care of one's own free will. But with one exception. Withdrawal of the application in this case is practically impossible. Withdrawal of the application and return to work must also occur by mutual agreement.

Sometimes the manager offers a working pensioner to switch to an easier job that corresponds to the health condition of the subordinate. The transfer should be made only with the consent of the employee himself.

Sample letter of resignation by agreement of the parties

Dismissal at the initiative of the employer

What should an employer do if it is necessary to replace a working pensioner with a younger specialist, but this cannot be achieved by agreement of the parties? How to fire a pensioner?

Passing medical examinations in the direction of the employer is the responsibility of the employee ( Art. 214 of the Labor Code of the Russian Federation). If there are health problems, which is often at retirement age, the medical commission can issue the following types of conclusions:

establish the complete disability of a pensioner;
recognize an employee as in need of easier work for a period of less than 4 months;
recognize an employee as in need of lighter work for more than 4 months.

If the medical commission recognizes the employee as completely disabled, then the reason for parting with the employee will be the grounds specified in clause 5 of part 1 article 83 of the Labor Code of the Russian Federation.

A how to fire a pensioner if the medical board finds him in need of an easier job? In this case, if the employee needs a permanent transfer or transfer to another job for a period of more than 4 months (if the pensioner himself refuses such a transfer), then the dismissal will be made in accordance with clause 8 of part 1 article 77 of the Labor Code of the Russian Federation. This can be done only if there are no suitable vacancies or, as already mentioned, if the transfer is refused. Before issuing a dismissal order, a notice of termination of the contract should be drawn up due to the lack of vacancies corresponding to the state of health, and the employee’s signature should be obtained. In this case, the pensioner receives a compensation payment in the amount of two weeks of average earnings (see).

How to write a letter of resignation to a pensioner

Although pensioners belong to a socially protected category of the population, from the point of view of the Labor Code, this is not the case. The only advantage of people who have reached retirement age is the opportunity to quit without two weeks of work.

As already mentioned, the process of dismissing a pensioner is no different from the procedure for terminating an employment contract with another employee. First of all, a statement must be received from the pensioner, in which a desire is expressed to end his labor activity.

The application form is considered free, but you need to adhere to the general form of such documents. In the upper right corner there should be information about the addressee (the head in whose name the petition is written) and the data of the retired pensioner (position, last name, first name, patronymic).

After that, “Statement” is written in the center. And then, on a new line, the text itself.

Retirement Application must contain the mandatory wording: “I ask you to dismiss” or “I notify of my intention to terminate the employment contract in connection with retirement.” The text should contain the date when the pensioner wants to stop his labor activity.

This right can be exercised once, so the reason for dismissal must be indicated in the work book. If in the future the pensioner returns to work, then he will quit on a general basis: having warned the employer 2 weeks in advance.

After the text of the letter of resignation, the date of its writing and the signature of the resigning person are put. We have given several examples of statements in the article.