What benefits does an old-age pensioner have according to the law? Dismissal of a pensioner at his own request. Should I work in retirement?

23.04.2024 -

Today in Russia there is a fairly large number of pensioners who have to work. Unfortunately, the amount of a pension cannot always satisfy all human needs, which is why many pensioners remain at their previous place of work even part-time or are looking for a new part-time job.

Working in retirement has its pros and cons.

pros:
- the amount of material support for working pensioners is higher than;
- While a citizen is working, insurance premiums are deducted for him, and, consequently, the amount of his pension increases;
- upon later retirement, the final amount of pension benefits will increase by a certain increasing factor.
Minuses:
- In 2016, the indexation of pensions for working pensioners was canceled and to this day it is not carried out.

Is it possible to work and receive a pension?

At the request of the employee, it is possible to make an entry in the employment record, which specifically indicates that the employee is leaving at his own request. due to retirement.

If the statement contains the phrase "due to retirement", then the employer must dismiss the pensioner within the period specified in the application , without two-week work(Part 3 of Article 80 of the Labor Code of the Russian Federation). And in this case, the pensioner is not obliged to warn in advance about his desire to stop working.

Dismissed pensioners are provided with all the same guarantees as other employees.

Those laid off through layoffs are provided with severance pay, equal to the average monthly salary. At the same time, during the period of employment, this pensioner retains the average monthly salary for 2 months.

Increasing pensions for working pensioners

A large number of pensioners continue to work after retirement. In this case, employers pay insurance contributions to the system (OSS) for them. Taking into account contributions, the Pension Fund makes an annual recalculation of the amount of the insurance pension. Consequently, with an increase in the transferred insurance premiums, the amount of a person’s pension savings increases and, accordingly, the pension itself increases.

Recalculation of pensions for pensioners who work, taking into account insurance contributions, is carried out without a declaration every year from August 1st.

Additional restrictions are:

When recalculating the maximum score no higher than 3 for those working pensioners who do not have, and 16% of compensatory pension contributions go to;
For working pensioners whose contributions are distributed: 10% for the insurance part, and 6% for the funded part, the maximum the score is 1.875.

Increase in pension accruals for working pensioners happens once a year, no earlier than 12 months from the date of the previous recalculation.

Recalculation of pensions for pensioners in Russia

Recalculation of the pension of a working pensioner is a change in the amount of the pension due to an increase in the pension capital (amount of insurance contributions) of the worker. This happens provided that the person worked legally and insurance premiums were transferred to the Pension Fund for him.

The amount of the insurance pension is recalculated using the formula:

SP st = SP stp + (IPK i / K / KN x SPK),

SP st- insurance pension;
SP STP- the established amount of the insurance pension as of July 31 of the year in which the recalculation is made;
IPC i- individual pension coefficient as of January 1 of the year in which the insurance pension is recalculated;
SPK- the cost of one pension coefficient on the day from which the amount of the insurance pension is recalculated;
TO- coefficient for calculating the amount of the insurance pension, calculated in accordance with Part 11 of Art. 15 law “About insurance pensions”;
KN- the coefficient for calculating the amount of the insurance pension for age and disability is equal to 1, and for calculating the insurance pension for the loss of a breadwinner - the number of dependents of the deceased breadwinner as of August 1 of the year in which the recalculation of the insurance pension for the loss of a breadwinner is made.

Those pensioners who receive their salaries unofficially cannot count on recalculation.

Today, retirement is not a reason for dismissal. Many continue to work in the same organization and at the same workplace for quite a long time. At the same time, they are subject to all responsibilities and retain their rights. In fact, it doesn’t matter much whether you are a pensioner or not. Only the total income changes; now, in addition to wages, a person also receives a pension.

But sooner or later there comes a time when it is necessary to stop performing work duties. The reason for this can be anything: health status, fatigue, etc. After all, now a person has good financial support, which has been earned over many years. In this case, he writes a letter of resignation.

Rights and responsibilities of a pensioner at work

Dismissal with retirement is significantly different from this, since it is written once in a lifetime, and the reason is age-related incapacity. Therefore, the employer is obliged to issue a calculation to the number indicated in it. But the standard resignation letter is different. Since a pensioner is subject to the same rights and obligations as a regular employee. He signs such consent in advance. Therefore, the process of his dismissal takes place as usual.

Dismissal without service: who does it apply to?

In Russia there are laws according to which the labor activity of any employee is terminated. They say that he is obliged to write a statement and then work for two weeks. Then the dismissal is formalized only after 14 days, and not on the date specified in the document.

Of course, many people are faced with the question: are they obliged to comply with this rule? If you look from the legal side, the answer is unanimous - yes. But there is also a purely human factor here. Since now the consequences of dismissal for a pensioner do not play a special role, he can therefore voluntarily terminate his employment relationship without working off.

This situation causes a lot of inconvenience to the employer. Since during these additional days he will find a replacement employee. That’s why the law requires you to work for two weeks. This allows you to regulate the relationship between the two parties. The rights of each of them will not be violated.

So, the employee warns that he wants to terminate the employment contract in two weeks. He continues to work in the same place and undertakes to fully fulfill his duties. And the employer enters into a new cooperation agreement with another person. In some situations, the conditions of his work are discussed with the employee who is resigning. They can be slightly changed, but only with mutual consent.

Any employee can avoid detention. But you need to carefully prepare for this: agree on the possibility of such a severance of the employment relationship with the employer during the agreement or in person. If the organization does not suffer any damage from this or no longer needs the services of this employee, then management may well agree. Otherwise, unauthorized termination of work will be punishable in the form of dismissal under the article. It will limit a person’s opportunities for future employment. But this applies more to an ordinary employee; for a pensioner it is not so important.

There are also several reasons that may be a reason for ordinary dismissal without work. They are stated in the law as respectful. These include:

reaching retirement age;
failure to perform or violation of duties in the workplace;
change of place of residence: moving, sending the husband for a long service outside the country, etc.;
a medical decree stating that it is impossible to continue working for health reasons, and so on.

How to write an application

An application is an important document that is drawn up for a specific purpose. In this case we are talking about dismissal. Therefore, the statement differs from the traditional one. In it, the employee notifies the organization’s management of his desire to stop working. It is drawn up in writing, indicating the date and signature.

In this process, it is very important to compose it competently and correctly. There is no standard form for this document. It is written in free form by hand. But there are some points that must be present. So, they include:

personal data: last name, first name, patronymic;
full name of the organization;
the position held by a person in a given organization;
main text. It contains detailed information about the reason for leaving. Stated in the form of a request;
date of termination of employment. This information is provided arbitrarily by the employee. Subsequently, the employer considers the possibility of implementing it;
if the calculation is instantaneous, then its reason is indicated;
date of application;
signature of the employee who quits with the decrypted data.

The last point is required. Since it serves as confirmation that it was this person who compiled this document. If there is no signature, the paper is considered invalid and will not be accepted for consideration by the organization’s management.

Refusal of the employer to consent to the resignation letter

This problem occurs not only among ordinary employees, but also among retirees. The employer, for personal reasons, refuses to sign the resignation letter and insists on the person continuing to work. He finds many reasons for this. For example, the competence and high level of professionalism of a person, the absence of his replacement, etc.

It is worth remembering that the date in the application must be calculated taking into account the time it will take to deliver the letter. If all the rules for filing a request for termination of the contract have been followed and the notice period for management has expired, the employee has the right not to go to work. This is not considered absenteeism. In this case, evidence of writing this application will be on hand. If the manager makes any reproaches and is dismissed under the article, you can seek help from the relevant services to resolve the situation.

From the above, it follows that, despite constant changes in legislation, the pensioner did not receive additional privileges in 2017. If he decides to continue working in this position, he must adhere to the responsibilities assigned to him. They are the same as for regular employees.

Pensions » Questions and answers » Should a working pensioner work 2 weeks upon dismissal?

Is a working pensioner required to work two weeks upon dismissal?

Deserved rest or work? For the majority of Russian citizens of pre-retirement age, the answer is obvious - to continue earning money for a decent old age. Nevertheless, sooner or later the pensioner will still have to leave his usual workplace. But how to do this without unnecessary hassle? Today we will try to answer the question: “Should a working pensioner work 2 weeks upon dismissal?” .

During the Soviet Union, there was a norm from the Labor Code of the RSFSR, which provided for the mandatory dismissal of an employee when he reached retirement age. But corresponding amendments were made to the legislation in 1992. Nowadays, working pensioners are dismissed on general grounds. But sometimes - with some exceptions.

Do I need to work for two weeks?

The pensioner has the legal right to refuse to work an additional 2-week period. provided for in such a situation, subject to the following conditions:

Retirement age occurred during the period of employment at this enterprise (organizations). Find out what the retirement age is for Russian citizens in 2016-2017 in this article.
Mandatory indication of the basis (causes) for dismissal – “retirement”.

The date that the pensioner indicates in the application will be considered the day of dismissal. In this case, it does not matter when he reached retirement age - during the period of dismissal or slightly earlier.

An important point: if a retired pensioner decides to get a job again, then (or – subsequent ones) upon dismissal, he loses the right to refuse the mandatory 2 weeks of work upon dismissal. It doesn’t matter whether it’s the same organization or another.

So, a working pensioner has the right to resign at any time of his own free will. After submitting the appropriate application and completing all documents, an order to terminate the employment contract is signed by the boss and the resigning employee.

Next, his work book is drawn up and the final payment is made to him. The employer is obliged to make all payments that are due in this organization to the resigning employee upon completion of his work. These are: salary, bonuses (if they were provided for in the contract). and in case of unused vacation - compensation.

If there was paid leave, then the organization has the right to deduct from the salary those funds that were not worked out in connection with his dismissal. However - no more than 20% of the payment amount .

In addition to the correct execution of all documents, it is the employer’s responsibility to provide the Pension Fund with information about the dismissal of a working pensioner. The employer must do this within 10 (calendar) days from the date of dismissal. This measure is provided to ensure that the retiree’s pension is indexed (recalculated) in accordance with the law.

If a staff reduction is planned at an enterprise or organization, the manager is obliged to personally notify employees about this 2 months before and confirm this step with a receipt. In this case, the pensioner should be offered the option of filling a vacant position, if they are available at the given enterprise. As for the mandatory 2-week work, then:

conditions in this situation are equal for everyone, regardless of age;
it is not mandatory.

However, the head of an organization has the opportunity to terminate an employment contract with an employee on a basis other than that related to retirement. Article 77 of the Labor Code of the Russian Federation provides that such an initiative on the part of the employer can only occur in the following cases:

Settlement with the employee by mutual agreement of the parties.
When the contract expires.
When staffing is reduced.
Upon liquidation of an enterprise.

With this form of calculation, the employer must present options for transferring the employee to another position.

If a working pensioner quits his job, will his pension increase? Find out here.

The terms of dismissal can be discussed and changed in the case of the dismissal option “by agreement of the parties.” Article 78 of the Labor Code of the Russian Federation makes it possible to terminate an employment contract at any time with the full consent of the parties. Once an agreement is reached between the participants in the discussion, it is necessary to draw up a statement on termination of the work contract.

The statement indicates all the main points on which agreement was reached. Once signed by the participants in the discussion, this statement can be a guarantee against problems associated with the dismissal of an employee.

So: With this form of calculation, the condition for working out additional time upon dismissal of a pensioner can be discussed by him with his superiors. As a rule, employers accommodate older people halfway.

An exception may be situations related to the departure of particularly valuable employees or the need to find a specialist to fill a vacant position. Therefore, it is still better for employees, including pensioners, to notify about their departure in advance.

How to fire a pensioner without his desire according to the law?

Quite often, the practice has become widespread when pensioners continue to work in their old age. Everyone has their own reasons for this that motivate them to work. For some, it’s a way to escape from the drabness of everyday life and free up energy; for others, it’s an extra income. It is difficult to reproach anyone; in all cases, the goals of their work are obvious.

But, with increasing frequency, cases have begun to occur when an employer tries to fire working pensioners, citing the need to give the opportunity to the younger generation. Another reason cited by the heads of the company is the fact that pensioners, due to their age, find it difficult to do physical work, which leads to a decrease in labor productivity, and this has a bad effect on the work of the organization.

In order to dismiss an employee in this case legally without his desire, it is necessary to act strictly in accordance with the norms of labor legislation. Dismissal of a citizen without his or her consent may escalate into a lawsuit, which will not benefit the employer. Following the letter of the law, the employer can terminate the employment relationship with the employee.

Ways to legally dismiss an elderly employee

Staff reduction. The process is carried out in full accordance with clause 2, part 1, art. 81 Labor Code of the Russian Federation, but it should also be taken into account that there must be a good reason for dismissal with such wording.
Bilateral agreement. According to Art. 78 Labor Code of the Russian Federation everything can be resolved through a peaceful agreement to terminate all labor agreements.
Inappropriate qualifications. This is a good reason why you can legally fire an elderly citizen, citing Art. 81 Labor Code of the Russian Federation .
Fixed-term contract and transfer to another type of work. A fixed-term contract can be drawn up immediately after the expiration of the current one; this method will be completely legal. In the case of transfer, the factor that is taken into account is that the person is retired and cannot perform the entire amount of work and, in order not to harm production, he is transferred to a more simplified type of work activity.

Read also: Bankruptcy of individuals 2017 step-by-step instructions

The procedure for dismissing an employee of retirement age at the request of the employer is quite labor-intensive, so it is carried out exactly the same as with any other employee of the organization. There are no special measures for the dismissal of this category of citizens provided for by law and would even be considered a violation of rights. But, the law allows the termination of work contracts on the basis of obvious violations on the part of the employee, according to Article 81 of the Labor Code of the Russian Federation .

The procedure for dismissing pensioners at their own request

Dismissal at one's own request is formalized in accordance with 80 articles of the Labor Code of the Russian Federation. The pensioner must write a written statement in which he asks to be dismissed, because he is retiring. Perhaps the employer may also require a copy of the certificate that the citizen receives a pension with the application, but this is not a legal action.

The application must indicate:

last name, first name and patronymic of your employer;
your details and position;
resignation letter and date.

All this is confirmed by the citizen’s personal signature.

Should a pensioner work 2 weeks when leaving in 2017?

The dismissal of a pensioner without working for two weeks in 2017 is provided for Art. 78 Labor Code of the Russian Federation. A person of retirement age may legally refuse to undergo work for a period of two weeks if the following conditions are met:

If a person has reached retirement age while working in the direct enterprise.
It is necessary to indicate a mandatory reason for leaving work, namely that it is retirement.

How to fire a pensioner without his desire according to the 2017 law?

Since a person of retirement age has special rights, such as the right not to work for a two-week period, the employer must be able to competently understand how to dismiss such a citizen legally without his desire this year. The employee himself should also know the laws and rights so that in the event of an offense he can prove an unfair decision.

In no case should you place emphasis upon dismissal on the fact that a person receives pension accruals. Such an action would be considered a violation of the law, as it is in accordance with the labor code. According to the law, this category of workers, of course, has equal rights with other workers, but there are a number of differences that are interpreted in favor of the elderly. Therefore, dismissal can only be based on the legal framework.

Indexation of pensions for working pensioners after dismissal

Some pensioners continue to work even in retirement. The employee works and thereby increases his own pension. Payments to citizens of retirement age who do not work are indexed every year:

every year on the first of February, due to an increase in the prices of the consumption basket;
every year on the first of April, from the pension fund.

Payments to those who are already retired, starting from 2016, are not subject to indexation.

Should working pensioners work 2 weeks upon dismissal?

According to the labor code, a working pensioner has the right to dismissal without subsequent two-week work.

Currently, retirement for men occurs at age 60 and for women at age 55.

An employer's attempt to force a pensioner to work for 2 weeks is illegal.

This right is spelled out in Article 80 of the Labor Code, which states that if it is impossible to continue working (enrollment in an educational institution, retirement, etc.), the employee has the right to resign from the date specified in the application.

A working pensioner has the right not to work for two weeks in the event of dismissal, but to do this, the pensioner must notify his employer of his intention to quit his job. in advance.

The employer does not have the right to force a pensioner to work the required two weeks, but pensioners, at their own request and at the request of the employer, can work for two weeks until a new employee takes his place.

Upon dismissal, a pensioner has the right to receive his salary, vacation compensation and work book within 2-3 days (if the pensioner worked officially).

Article 80 of the Labor Code of the Russian Federation states that:

I don’t know about anyone, but in the organization where I worked, they strictly adhered to the procedure when a working pensioner was fired exactly within the specified period.

If the employer believes that a working pensioner has already retired and must then resign on a general basis with 2 weeks of work, I think this problem can be solved. For example, write an application to the employer with a request to send him for an extraordinary medical examination, since he began to experience health problems. I think that in this case, not a single employer will take responsibility for detaining the employee at work; in extreme cases, he will send him for a medical examination - and the doctors will definitely find a reason to indicate that the pensioner has worked his time, at the same time, check his health status once again at the employer’s expense. It won't be superfluous either.

Should working pensioners work 2 weeks upon dismissal?

According to the Labor Code of the Russian Federation, a working pensioner does not have to work for two weeks; the employer is obliged to dismiss him exactly within the period specified in the application.

But sometimes the employer also asks the pensioner if he can work for two weeks until a replacement is found, but this is only with the consent of the pensioner.

When my mother quit, there was simply no one to replace her, and then the boss asked her to work for 2 weeks until they found a person for this position, there were no violations of the law here, everything was with the consent of the pensioner.

If the pensioner himself wants to work for 2 weeks, then he may well work for some more time. An employer cannot force a pensioner to work 2 weeks upon dismissal. The pensioner also needs to write a letter of resignation and indicate the reason that he is resigning due to retirement. These rules are stipulated in Article 80 of the Labor Code !

Retirement is possible only once, then the employee is a working pensioner (you cannot retire twice) and is dismissed on a general basis (this is confirmed by judicial practice). That is, the employee (working pensioner) is obliged to notify the employer 2 weeks before dismissal of his own free will, and not to “work off”. At this time, he may be on vacation or on sick leave.

Only by agreement between the employee and the employer can the employment contract be terminated before the expiration of the two-week period.

Does a pensioner need to work 14 days to be fired?

The age of 55 or 60 years is far from old for a modern person. Modern pensioners are active, positive and continue to work for some time after retiring. This is not prohibited by law, and employers often leave a responsible and experienced employee in the workplace until he himself wants to leave. Does termination of the contract have any special features in this case? Should a pensioner work 2 weeks upon dismissal in 2017 or can he not do this? To find out the answer, let's look at the law governing labor relations.

There are no compelling reasons to write a letter of resignation upon reaching retirement age, unless the pensioner himself expresses a desire to retire.

Rumor has it that retired seniors could lose the pension points they've already accumulated if they don't quit their jobs by November of this year. This is just a myth, not supported by any legal acts. According to the current legislation, since 2016, working pensioners lose only the right to indexation of pension payments (which will resume as soon as the pensioner decides to quit his job). That is, the employee will continue to receive both wages and a pension, but the indexation of the latter will be temporarily “frozen” for the period of the pensioner’s working life and will resume on the next day following the date of his dismissal.

Is it profitable for a pensioner to continue working?

Working pensioners, unlike those who have retired, do not have their pensions increased by an indexation factor (which is approved annually by the Government). This coefficient does not apply either to the insurance part of the pension or to fixed payments. Working after reaching retirement age does not affect the number of pension points already accumulated.

As soon as the elderly person decides to leave work and writes a letter of resignation, all missed payments will be restored to him.

Based on these facts, each retiree must decide for himself whether he should stay at work and how profitable it is. If he has a decent salary, then the temporary lack of indexation and other increases in pension will not harm his budget. After all, the total income from pensions and wages will definitely be higher than just the pension with bonuses. Then the answer to the question “Does a working pensioner need to quit?” will be unequivocal - no.

Can an employer fire an employee due to reaching retirement age?

Employers who cite retirement age as a reason for terminating an employee should take a good look at the laws on this topic. The law strictly prohibits such discrimination and gives retirees the right to continue working. The labor inspectorate will intervene and restore justice if the employer tries to fire a newly minted pensioner based on age.

The dismissal of a pensioner, according to the law, is carried out according to the same principles as the dismissal of other categories of employees. With the onset of retirement age, the same norms of the Labor Code of the Russian Federation continue to apply.

The rules for dismissing employees are prescribed in the Labor Code of the Russian Federation. Dismissal of a socially vulnerable category of citizens must take into account certain features that do not apply to other categories of workers:

The pensioner must submit an application indicating the reason - in connection with retirement;
The Labor Code provides for the dismissal of a pensioner without two weeks of service if he indicated retirement as the reason for dismissal (paragraph 3 of Article 80 of the Labor Code of the Russian Federation);

To dismiss a pensioner on preferential terms, he does not need to provide documents confirming the benefit (pension certificate);

Retirement is not a reason for dismissing an employee; it provides for the person to acquire legal grounds for receiving a pension benefit;
Since the Labor Code of the Russian Federation does not provide for a time period between the onset of pension grounds and the dismissal of a person, an employee can continue to work after retirement, and the employer does not have the right to personally set the deadline for his dismissal and thereby influence the person’s decision;
When submitting an application for dismissal with retirement, the employee must indicate the desired date of dismissal;
The dismissal of a pensioner is carried out at the time he wishes, regardless of the date of retirement.

The existence of mandatory standards for an employer when dismissing an employee due to his retirement includes certain conditions for the employee himself, who has acquired the right to a social benefit.

How to properly quit your job as a pensioner

The law defines that pensioners are those citizens who are assigned an old-age pension on any basis, including preferential and early pensions.

If the reason for dismissal was stated - retirement, then the employee is provided with a legal benefit and the pensioner’s dismissal at his own request occurs without working off. And the employer must dismiss the pensioner exactly within the period specified in the application. He cannot do this later than the date specified in the application (Determination of the Moscow City Court dated May 30, 2013 No. 11-14536). At the same time, retirement is not a reason for the employer to automatically dismiss an employee; he cannot fire him on his own initiative. Dismissal occurs on general terms and conditions by application.

Do pensioners need work upon dismissal?

When dismissing a pensioner, do I have to work 14 days? Depends on one thing. When leaving voluntarily, a pensioner must work for 2 weeks, if the application he did not indicate the reason for dismissal - retirement. In this case, he is obliged, under general conditions, to notify his employer of his desire to stop working two weeks before the actual dismissal. This time is given by law, and the employer needs it in order to find a replacement for the employee’s position. If an employee does not indicate a preferential reason for dismissal (retirement), then the no-work rule does not apply - he is obliged to work for two weeks at the request of the employer. He may not work this time by agreement with his superiors; they have the right to release the employee earlier than after 2 weeks.

The wording “retirement” is accepted as a valid reason for granting a person the exclusive right to dismiss. If it is not indicated, then the general rules for dismissal at will also apply for a pensioner.

A pensioner may be dismissed for organizational or production reasons, taking into account his age characteristics. For example, due to the impossibility of a pensioner fulfilling his work duties. In this case, he can be transferred to another place of work with easier working conditions and only with the written consent of the employee himself.

If there is a reduction in staff, the pensioner must be offered a transfer to another position while maintaining the existing salary level. And in this case, he must be notified of the layoff in writing along with other employees. Under such circumstances, the pensioner has the right not to work for a two-week period.

The procedure for dismissing a pensioner at his own request:

The pensioner submits a letter of resignation (indicating the reason);
The head issues a corresponding decree based on the application;
The HR department prepares documents for dismissal and submits them to the accounting department;
The accounting department calculates the monetary payment due to the pensioner on a general basis;
The employee fills out and submits a bypass sheet;
Upon final payment, he is given a work book.

During the times of the Soviet Union, there was a norm from the Labor Code (LLC) of the RSFSR, which provided for the mandatory dismissal of an employee when he reached . But corresponding amendments were made to the legislation in 1992. Nowadays, working pensioners are leaving their jobs. on general grounds. But sometimes - with some exceptions.

The pensioner has the legal right to refuse to work an additional 2-week period provided in such a situation, subject to the following conditions:

Retirement age occurred during the period of employment at this enterprise (organizations). Find out what the retirement age is for Russian citizens in 2018.
Mandatory indication of the basis (causes) for dismissal – “retirement”.