According to the Labor Code, dismissal is allowed when men reach 60, and women - 55 years. At the same time, the regulations provide for the possibility of continuing professional activities by persons older than the specified ages. The rules stipulate the rights of subjects retiring. They must be strictly observed by the employer.

Additional categories of workers

The legislation provides a list of types of activities that are allowed to be carried out only up to a certain age. Among them:

1. Employees. In accordance with Federal Law No. 79, only citizens under 60 years of age can hold such positions. If an employee is considered in demand in the institution and expresses a desire to continue activities, in agreement with management, he can remain at work. However, this is only allowed up to 65 years of age.
2. Police Department employees. A serviceman can be discharged at his request at different ages, depending on his rank. For example, a colonel general ceases activity no later than 65 years, a lieutenant general - 60 years. A citizen can hold the rank of colonel for up to 55 years. For other citizens, the age limit is 50 years.
3. Teachers. Citizens up to 70 years of age can engage in teaching activities in the general education system in Russia. If the teacher works at a university, the age limit is reduced to 65 years.

Citizens' rights

According to the Labor Code of the Russian Federation, the dismissal of a man or woman if they are 60 and 55 years old, respectively, is not the responsibility of the employer. Moreover, the law does not allow termination of a contract at the initiative of the employer due to citizens reaching the specified ages. The employee is given the opportunity to independently choose the day on which he will write a letter of resignation in connection with retirement. At the same time, he will not need to work 2 weeks provided for other categories of citizens.

However, this rule applies if the dismissal is processed for the first time. If a citizen subsequently decides to re-enter the enterprise, then upon termination of the contract he will have to work for 2 weeks. In addition, the employer does not have the right to transfer a pensioner to a fixed-term contract on his own initiative. However, if a citizen starts a new job, then signing such an agreement will be justified. In accordance with the Labor Code of the Russian Federation, dismissal involves the accrual of certain compensations. In particular, the employer must give the citizen an amount equal to his average earnings for three months.

Procedure

Dismissal due to retirement is carried out in several stages. First of all, a citizen writes an application addressed to the director of the enterprise. It expresses the intention to cease activities of one's own free will. The manager signs the application and issues an appropriate order. Based on this act, the accounting department performs the necessary calculations. The personnel service makes a record in the labor record. It states, in particular, that the dismissal was carried out in connection with retirement.

Features of the application

The document is drawn up taking into account the general requirements of the law. When drawing up an application for dismissal due to retirement, a citizen first of all indicates the addressee. He is the head of the enterprise. Next, indicate the full name and position of the author of the application. The content of the document is quite simple. As stated above, this indicates a request to dismiss at your own request. The date of preparation and signature are placed at the bottom of the application. If the dismissal is not the first after reaching retirement age, the law requires work to be completed within 2 weeks. However, the rules allow changing this period by agreement of the parties. The completed and signed application is submitted to the accounting department. Here the document is assigned a number. After this, the application is submitted to the manager for signature.

Director's order

It is compiled according to f. T-8. This is a unified form of order, which was approved by the State Statistics Committee. It is worth saying that this form is considered outdated today. Meanwhile, in the current legislation there are no requirements regarding the preparation of an order in a different form. Most personnel officers adhere to well-established generally accepted rules. The order contains the following information:

1. Contract number (employment contract).
2. Actual date of dismissal.

Important point

The order may use the concept of “termination” or “termination”. You should know the difference between these terms. The concept of “termination” is used in case of violations in the execution of the contract, in the event of force majeure circumstances, as well as in case of urgent termination. It follows from the above that this term cannot be used when dismissing a pensioner. The most appropriate concept for this case would be “termination”.

Payments upon dismissal

The legislation contains fairly clear instructions regarding the accruals that must be made upon termination of a contract with an employee. First of all, dismissal payments include unpaid wages for hours worked, as well as compensation for unused rest days. The latter applies to those who carried out activities for 11 months. and more. Other incentives and compensation may be provided for in the contract or industry regulations. For example, if an enterprise is downsized or liquidated, a pensioner is paid a benefit equal to the average earnings for three months.

Actions of a personnel employee

When a pensioner is dismissed, the employees responsible for paperwork need to carry out a number of operations. First of all, the personnel service transfers personalized data to the Pension Fund. In addition, the responsibilities of employees include:

1. Filling out an employee card.
2. Making an entry in the Dismissal Registration Book.
3. Correction of information in the Workbook Logbook.

Changes in regulations

Federal Law No. 400 made several adjustments regarding the insurance part of the pension. There are a number of important points to note here. First of all, the innovations affected the insurance period. At the initial stage, it is set at 6 years. Subsequently, this figure should gradually increase. As a result, he must reach 15 years of age. Federal Law No. 400, in addition, uses such a concept as a pension coefficient. This indicator is set individually for each citizen. Using this coefficient, payments required by law are calculated. At the initial stage it is 6.6. Over time, the coefficient is expected to reach 30.

Additionally

Law No. 400 states that in order to receive a full pension with all bonuses, you must work for at least 30-40 years (depending on the type of activity). This circumstance forces citizens to continue to fulfill their professional duties even after they reach the appropriate age. In this case, people strive to gain the necessary experience to obtain maximum odds. At the same time, pensioners carry out their professional activities without any privileges, and they resign on a general basis.

In Russia, there is currently a fairly high percentage of working citizens whose age is over 55-60 years. There are especially many such citizens in the field of education. Meanwhile, not every person feels the strength to continue their professional activities.

According to the law, it cannot be considered a reason for dismissing an employee. A pensioner has the right to independently make a decision - to leave his position immediately after receiving a pension benefit or to continue working and resign after some time.

Dismissal of a working pensioner is carried out on a general basis:

• At the request of the employee. After providing them with the appropriate application.
• At the initiative of the employer. In case of non-compliance with the position held by the employee, staff reduction, disciplinary violations. A complete list of reasons is presented in Article 81 of the Labor Code of the Russian Federation.
• By agreement of the parties. If the employer is interested in dismissing an employee, then, according to Article 78, it is possible to conclude a bilateral agreement, on the basis of which they come to an agreement on terms acceptable to both parties.
• Upon expiration of the agreement.
• Transfer of an employee to another position in the same or another organization.
• If you do not agree to continue working as an employee after the reorganization of the company.
• Refusal to transfer to another position based on a medical report.
• Refusal to change the place of residence in case of transfer of the company to another location.
• Concluding an agreement in violation of current legislation.

Which article of the Labor Code of the Russian Federation regulates dismissal upon retirement?

The Labor Code of the Russian Federation does not provide for the termination of employment relations due to a citizen’s retirement, so dismissal occurs according toArticle 77 Labor Code of the Russian Federation.

In the third part of Article 80 of the Labor Code, retirement is equated to cases in which it is impossible to continue working, and upon the application of an employee who has received the right to a well-deserved rest, the employer is obliged to terminate the employment contract with the pensioner within the period specified in the application.

This opportunity is provided when. When re-employed or when a contract is re-signed, the dismissal of persons of retirement age is carried out on a general basis, unless the employee’s application specifies retirement as a reason for dismissal.

If the dismissal occurs by agreement of the parties or on the initiative of the employer, then a reference to Articles 78 or 81 of the Labor Code of the Russian Federation is indicated in the citizen’s work book.

The procedure for dismissing a pensioner and registering a work book

The procedure follows the approved regulations, which all employers must adhere to:

1. An employee writes a statement, which must include the following information:
   • Full name and position of the employer’s representative authorized to make a decision on dismissal;
   • own name and position;
   • name of the document being compiled;
   • a request to be dismissed with the obligatory note “due to retirement”;
   • date of dismissal;
   • date of application;
   • employee signature.

   Many organizations provide a ready-made standard form in which you need to enter your personal data.

2. A bypass sheet is issued or an inventory is assigned if the employee is a financially responsible person.
3. The employee is given a dismissal order, work book and other documents submitted during employment.
4. Payment is made to the employee- issuance of wages, compensation for unused vacation, severance pay.

Upon completion of work, an employee of retirement age has the following rights:

• no obligation to work for two weeks;
• the date of application is the date of dismissal;
• the right to a pension due to reaching age is not a reason for dismissal and concluding a fixed-term employment agreement;
• pension is not a reason for transferring an employee to another department or to another position.

What entry is entered in the work book?

An entry is made in the work book last with reference to the signed order on the basis of which the employee was dismissed. It is mandatory to indicate:

1. date of entry;
2. registration number of the dismissal order and the date of its signing, as well as the law that regulated the dismissal. This entry is made in the book only upon the first dismissal after reaching retirement age. Subsequently, an entry is made with reference to Article 77, which indicates ordinary dismissal at will, unless otherwise indicated in the application;
3. position, full name and signature of the person authorized to make an entry in the work book;
4. position, full name and signature of the employee confirming familiarization with this record;
5. seal of the organization.

The entry in the work book should look like this: “Dismissed at his own request due to retirement, paragraph 3 of Article 77 of the Labor Code of the Russian Federation.”

Sample entry in the work book about dismissal

What documents are given to an employee upon dismissal?

Rules for document management upon dismissal due to retirement of any has no features and is done in the following order:

• an entry is made in the employee’s personal card, indicating the date, grounds for dismissal, as well as a link to the order;
  

  The employee's signature is required indicating that he has read this record.

• data is recorded in the Log Book of work books and their inserts;
• the corresponding swelling is provided to the Pension Fund;
• on the last working day, the employee is introduced to the order and the entry in the work book, which is confirmed by his signature;
• The resigning employee receives the work book in person, as well as a diploma, military ID and other documents held by the employer, after which the employee is considered dismissed.

Citizen has the right to request:

• a copy of the dismissal order, certified by the seal of the organization and the signature of an authorized person;
• copies of orders for transfer to other jobs;
• salary certificate;
• certificates about periods of work in this organization;
• acts on industrial accidents, if they occurred, as well as any other documents that are related to the person’s work activity and affecting his rights.

How many times can you quit in connection with retirement?

Currently, there are more and more cases when an employee quits in order to retire, and after it is issued, he gets a job again. And when resigning once again, the statement indicates the reason: “in connection with retirement.”

In this situation, the legislation of the Russian Federation does not have clear instructions or prohibitions on making this entry in the work book again.

Therefore, experts in this field have two opinions:

• Since the right to receive a pension is granted only once after reaching a specified age and length of service, a person can resign due to retirement only once.
• Since after retirement this status is retained by the citizen permanently, regardless of whether he gets a job, the norms of Part 3 of Article 80 of the Labor Code can be applied any number of times. Therefore, the employee can terminate the contract for this reason at any time and not work the established two weeks.

It is also not legally prohibited from re-entering a retirement record in the work book.

Every person has the right to retire after reaching a certain age or period of work experience.

The right to it also arises for other reasons (for example, due to disability). Issues related to pensions may also be directly related to work.

In this material we will tell you how to competently formalize your dismissal in connection with retirement.

First of all, mention should be made of the domestic Labor Code (hereinafter referred to as the Labor Code of the Russian Federation).

It sets out the procedure for dismissal on the employee’s own initiative in the event of his retirement.

In particular, there are articles for this purpose and The first of them states that the employment contract is terminated at the initiative of the employee, and the second details the grounds for this step.

It is also worth mentioning by-laws. They relate to the specifics of drawing up personnel documentation (orders, work books, etc.).

Numerous clarifications from government authorities should also be taken into account. Not the least role is given to judicial practice, including decisions of the plenum of the Supreme Court of the Russian Federation.

Life shows that on some issues related to dismissal, courts can take opposing positions.

Features of dismissal due to retirement

Reaching retirement age is the basis for terminating the employment relationship.

Let us recall that nowadays women can retire at 55, and men at 60. If a citizen has reached the appropriate age, this does not mean that he should automatically be fired.

What features related to the dismissal of a pensioner are listed in the legislation. If a pensioner works under an open-ended employment contract, he cannot be transferred to a fixed-term contract. A pensioner can be assigned another position or type of work only with the consent (written) of the latter.

Despite his age, a pensioner can be fired. This happens in the case of labor discipline, company liquidation or staff reduction. For example, they can break up with a person for absenteeism, showing up at work drunk, etc.

There is one controversial point in the practice of “pension” dismissal. Let's say a person has several jobs. Let's say he quits due to retirement from one of them. Can he then formalize the termination of relations with other enterprises on the same basis?

The legislation does not contain clear restrictions in this regard. However, some judicial practice follows a different path. According to the judges, the pension entry should appear in the work book only once.

Accordingly, each subsequent dismissal will be at one’s own request, which may result in 2 weeks of work.

The resignation letter can be either typed on a computer or written by hand.

The latter option seems preferable, since in a controversial situation a person can always prove that he is the author of the statement.

First, the party to whom the appeal is addressed is written (i.e., the head of the enterprise where the person works). Below are the employee’s initials, his position and personnel number (if one is assigned).

After the title of the document (“application”) there must be a request from the employee to dismiss him from work at his own request from a certain date. In this case, it is necessary to indicate the reason for ending the relationship - retirement. Otherwise, management may force you to work the traditional two weeks.

It would also be useful to refer to labor legislation in your application.

Of course, you need to put the date of writing the application and a personal signature. In some cases, care should be taken to ensure that the application is registered with the manager's reception or personnel department. However, the legislation does not provide for any attachments to be included with the application. Proof of your age is not required.

It happens that the head office of a company is located in another city. Then the application must be sent by mail with a list of the attachments. After this, it is worth checking periodically about the progress of its consideration.

Order

Any dismissal of an employee, regardless of the reason for this, is formalized by order.

There is a specific form for it (form T-8), which was once approved by the Ministry of Statistics of the Russian Federation. What details should the order have?

Of course, this is its serial number and the date of publication of the document. Next comes information about the employee (initials, position, personnel number).

After this, the reason for dismissal is written (the wording must coincide with the Labor Code of the Russian Federation) and the date from which the relationship is terminated. In the “Grounds” column the details of the employee’s application are written.

The appearance of an order means that a corresponding entry will be made in the employee’s work book. It consists of the serial number, date and reason for dismissal, and reference to labor legislation. The recording ends with the autographs of the employee and the HR department employee.

Working off

When an employee raises the issue of dismissal based on his own desire, he must notify the company administration about this in advance.

And this must be done no later than two weeks before the expected date of termination of the employment relationship. This period is commonly called working off.

However, if an employee terminates an employment contract due to retirement, then the law does not oblige the employer to warn the employer about this in advance. In this case, dismissal must occur on the date indicated in the citizen’s application.

It is important to clearly write in your resignation letter that this is due to retirement.

If you simply indicate in the application for resignation of your own free will, then the management has every reason to force the employee to work for another 2 weeks.

Documents and calculation

On the appointed day of dismissal, the employee must be issued a work book, in which a representative of the personnel service will make the necessary entry. In addition, the employee will be familiarized with the dismissal order. If a citizen works in another city, then all documents are sent to him by mail.

The employee’s personal card, which remains at the enterprise, also records the dismissal. The situation is exactly the same with the personal account, which displays salary data.

Reaching retirement age is a valid reason for immediately terminating an employment relationship with a worker if the latter wishes. The desire is stated in a written statement drawn up by the employee addressed to the manager. An employer does not have the right to oblige an employee of retirement age to write a resignation letter; the initiative must come from the pensioner himself. In this article we will tell you how to write a letter of resignation due to retirement, and we will provide a clear example.

According to labor legislation, reaching the retirement age for a working citizen is only a reason to apply to the Pension Fund for a pension, but does not oblige the employee to immediately stop working and apply to terminate the employment contract.

A pensioner has the right to work under the same conditions as younger citizens. Management does not have the right to dismiss an employee on its own initiative if there are no grounds given in Article 80 of the Labor Code of the Russian Federation. If a pensioner copes with work responsibilities and does not violate discipline, then it will be very difficult to fire him at the company’s initiative.

Recommendations for writing a resignation letter upon retirement

If an employee decides to end his work activity and go on a well-deserved retirement due to age, then he has the right to write a statement outlining his desire and send it to the employer. A pensioner can stop working on any day; he is not obliged to notify management in a certain time period, as other employees must do, who are required to notify a two-week period in the general case. In his application, the pensioner should indicate exactly the date to which his last working day will correspond.

You can resign on any date, even the next day, if you give a reason for taking this action in the form of retirement.

The personnel service is obliged to carry out the dismissal procedure with the delivery of documentation to the dismissed person on the day indicated in the pensioner’s application form. Management's refusal to immediately terminate the contract is a violation of labor laws and can be challenged by the employee in the supervisory authorities.

If the resigning employee is a person financially responsible for any valuables (monetary, material, commodity), then before the dismissal procedure, an inventory is organized, during which the property for which the applicant is responsible is checked.

In the case of a retiring pensioner, it is a little more complicated. Such a citizen has the right to draw up an application with the date of completion of work corresponding to the next day. The employer is obliged to formalize the procedure by the specified date, but there will be no time to conduct an inventory. Is it legal to force a pensioner to work until the inventory process is completed and all cases are transferred to a replacement person?

The fact that the employment contract with a pensioner has ended does not mean that the latter no longer bears financial responsibility to the employer. As a rule, an agreement on this responsibility is signed with the worker separately from the main contract governing the employment relationship. The employment contract is terminated, but the agreement on financial responsibility continues to be valid.

In this case, the employer can conduct an inventory after the dismissal of an employee; its results will be taken into account when determining the responsibility of the dismissed person.

In what form should I write the application?

There is no standard form for the application paper. The text is compiled in free form. The wording of the request is not important, however, the content of the document must clearly indicate the reason for dismissal and the day on which the applicant wishes to end his employment.

When choosing between manual and typewritten design, preference should be given to the first. It is recommended to write the text by hand on a blank paper sheet of standard A4 format. The ideal option is when the registration is carried out by the retiring pensioner himself.

Sample application form

Explanations of the details that should be included in the text are given in the table below:

How to apply correctly

The employer must submit the application in paper form - print out the text typed on a computer or write it manually with a pen. The document must be certified by a personal signature affixed by the employee. The application can be made on any day; it is not necessary to warn in advance about the desire to resign upon retirement.

You can write an application and resign any day without working at the moment when the employee’s age is equal to retirement age. For women this parameter is 55 years, for men – 60 years.

1. An application is submitted to the personnel department. This division may be called differently, for example, the personnel service. The company may not have a service or a separate division; the functions of a personnel officer can be assigned to one employee of any position, indicating personnel functions among his other responsibilities.
2. The personnel officer draws up an order; a record of the grounds for dismissal is taken from Part 3 of Article 80 of the Labor Code of the Russian Federation, in which retirement is equated to the inability to continue to perform labor functions.
3. The order or work book must indicate a valid reason for dismissal - retirement, and also provide a reference to clause 3, part 1 of article 77, which serves as the basis for formalizing the dismissal procedure. Read also the article: → “”.

How many times can a pensioner resign without working?

The law does not stipulate a specific number of dismissals for a pensioner without working off, however, most courts are of the opinion that you can quit in this way once upon reaching the appropriate age. If an employee is already a pensioner and receives a pension, then he must resign on a general basis.

However, this point is ambiguous, since there are court decisions that believe that if a pensioner does not timely exercise the right to resign upon immediate retirement without working, then he can do this later upon the actual completion of his working activity. That is, if there is no dismissal entry in the work book in connection with retirement, the pensioner can exercise this right later.

The employee needs to be more careful in this matter. An employee who has long since become a pensioner can write a statement with the desired date of dismissal and, when it occurs, not go to work, expecting that the employer will carry out the dismissal according to clause 3, part 1, article 77. However, the latter may refuse dismissal without service, and if the pensioner does not show up for work, terminate the employment contract with him for absenteeism, recording the corresponding entry in the work book from Article 81 of the Labor Code of the Russian Federation.

To avoid such a situation, it is better to reach a common agreement with the employer in advance regarding the possibility of dismissal without working out the notice period.

If an employee does not want to resign, despite reaching retirement age, it is impossible to oblige him to do so. The employer must keep the pensioner in the same position and make changes to the personal card with the details of the certificate confirming the pensioner’s status. According to these data, the employer will be obliged, at the request of a working pensioner, to provide him with additional unpaid days off for 14 days a year.

If a worker wishes to terminate his or her employment due to retirement, he or she must notify the employer in writing by submitting a letter of resignation. This article will help you correctly draw up a resignation letter in connection with retirement.

Who has the right to dismissal due to retirement?

Citizens of the Russian Federation who meet the criteria for the appointment of an old-age insurance pension in accordance with Art. 8 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions” (as amended and supplemented):

• reaching retirement age (60 years for men, 55 years for women);
• having 15 years of insurance experience (8 years in 2017);
• availability of 30 pension points (in 2017 – 11.4 points).

When determining compliance with the criteria for the assignment of old-age pension payments to citizens of the Russian Federation, it is necessary to ensure the assignment of pension payments by providing documents in one of the most convenient ways:

• contact the territorial branch of the Russian Pension Fund;
• contact the MFC;
• use the “Personal Account of a Citizen” on the Pension Fund website.

Preparation of documents upon dismissal of an employee due to retirement

When dismissing an employee due to retirement, it is necessary to follow a certain sequence in the preparation of documents:

What to pay attention to when drawing up a resignation letter in connection with retirement?

When an employee decides to terminate his employment due to retirement, the employee must pay attention to an important point: If the reason for dismissal at the employee’s initiative is retirement, the employer must terminate the employment contract exactly within the period specified in the employee’s application (even if this is the next business day).

Example:

Employee of ABV LLC Zakharov Z.Z. decided to stop working due to retirement. He submitted an application for October 17, 2017, the dismissal date was set for October 18, 2017. On the day of dismissal, Zakharov Z.Z. is obliged to familiarize himself with the dismissal order, receive a work book and all payments due.

Sample letter of resignation due to retirement in 2018

Upon dismissal due to retirement, an application must be submitted. There are no special requirements for the application, but a number of criteria must still be met. The application must indicate:

• addressee information;
• information about the applicant;
• information about the document (in this case, “application”);
• text of the statement;
• signature of the applicant, transcript of the signature;
• date of application.

Sample application:

to CEO

ABV LLC

K.K. Klusov

fitter

workshop No. 4

N.N. Nosova

statement.

I ask you to dismiss me at my own request in accordance with Part 3 of Art. 80 of the Labor Code of the Russian Federation on October 18, 2018 in connection with retirement.

_______________ N.N. Nosov

October 15, 2018

Document flow of the organization upon dismissal of an employee due to retirement

When an employee is dismissed due to retirement, the organization’s document flow is not limited only to the documentation specified in the section “Filing out documents when an employee is dismissed due to retirement” of this article. In addition to working with an employee’s application, issuing an order, and making an entry in the work book, the following types of work are organized:

* If the employee has written an application indicating the period of dismissal, during which it is impossible to carry out inventory activities, the employer is obliged to terminate the employment contract with the employee within the period specified in the application, while leaving the Liability Agreement in force. This agreement can be terminated after the employee’s dismissal, but after an inventory has been taken.

Example:

The caretaker Zakharov Z.Z., being of retirement age, decided to terminate his employment on October 18, 2017. In the application, he indicated the reason for his dismissal “in connection with retirement,” and provided it to his employer on October 17, 2017. During It is not possible to carry out inventory activities before October 18, 2017, and therefore a decision was made to terminate the employment relationship with Z.Z. Zakharov. 10.18.2017, and to schedule the inventory for 10.19.2017 with subsequent termination of the Liability Agreement.

Responsibility of the employer for violation of the law when dismissing a pensioner

Violation of the law when dismissing a pensioner falls into the category of violation of labor legislation and entails administrative sanctions ( Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

Questions and answers

Question No. 1. If I, as an old-age pensioner, do not indicate in my application the reason for dismissal as retirement, will I have to work for 2 weeks?

Answer: If the resignation letter does not indicate a reason indicating the employee’s desire to retire, then such a statement will be considered by the employer as a regular resignation letter from the employee at his own request, in connection with which the employer can exercise the right granted to him labor legislation of the Russian Federation, and require the employee to work 14 days.

Question No. 2. In my resignation letter due to retirement, I wrote the following: I ask you to dismiss me at my own request in accordance with Part 3 of Art. 80 of the Labor Code of the Russian Federation from October 18, 2017 in connection with retirement. Why did they write in my work book that I was fired on 10/17/2017?

Answer: The employer did absolutely the right thing, because by indicating the date with the preposition “from” in the application, it is implied that the employee was dismissed on the previous date. If you had formulated a statement, indicating the date and not using the specified pretext, then the dismissal would have taken place on the date you chose.