Dismissal of a pensioner at his own request without working for 2 weeks: how he can resign in one day, whether he has the right, as well as the procedure, rules, and a sample application

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Published: 05/15/2016

Reading time: 6 min

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The current legislation of the Russian Federation establishes the following retirement age: 60 for men and 55 for women.

However, not every modern pensioner retires exactly at the age established by law; most often the worker continues to work in his previous place if his health allows him.

After all, it is much more profitable to receive a salary and a pension at the same time than to retire due to age, lose your salary and not know what to do with yourself. After some time, the pensioner still decides to quit and go into retirement; in this case, dismissal without service is his legal right .

From the point of view of legislation, the dismissal of a pensioner without the right to work is enshrined in Article 80 of the Labor Code of the Russian Federation. This right is associated with primary retirement and is available to every working citizen, but only once.

If this right has already been used previously, then the dismissal of a working pensioner takes place according to the usual mechanism prescribed by law and is based on the seventy-seventh article of the Labor Code of the Russian Federation.

Reasons for dismissal
Procedure and documentation of dismissal
What should a pensioner do if his employer forces him to resign of his own free will?

Why even work 2 weeks when you quit?

When answering the question - when a pensioner quits his job, should he work for 2 weeks, it is useful, first of all, to understand what kind of two-week work we are talking about in principle. Isn't it possible to just quit without any thought of working out?

In general, the employee does not have such privileges. Article 80 of the Labor Code of the Russian Federation requires the employee who initiated the termination of the contract with the employer to notify the latter about this no later than 14 days before the desired day of dismissal.

However, dismissal of a pensioner without service is an exception to the rule. But it also applies only in certain cases. That is, there are possible scenarios in which:

a citizen, using privileges, does not work for 14 days (more precisely, he does not have the obligation to warn the employer about his desire to terminate the contract in compliance with this period);
Service upon dismissal of a pensioner is still required.

Let's take a closer look at them.

Other cases of dismissal of pensioners

If the right described above has already been used by a person, then he parts with his place of service on a general basis. That is, you will have to stay for the required period. But there are options here too. A pensioner can take leave during forced service. Management has no right not to provide him with rest. Therefore, a person should write a leave application and add that he will then resign. He will be free, but he will receive payment according to the law a little later.

By the way, upon retirement, payments must be made in the same way as in other cases of termination of the contract. They consist of salary, compensation for unused rest days, and sometimes severance pay. Whether there is such an incentive measure at the enterprise is written in the Collective Agreement. It is not allowed to transfer a pensioner to another position without his consent. And it is also not allowed to change the contract with him from an open-ended one to any other.

When does a pensioner not work for 2 weeks?

Article 80 of the Labor Code of the Russian Federation directly states that working 14 days (warning the employer in compliance with this period) is not required if the dismissal is due to:

employee retirement;
the employee begins studying at an educational institution;
other reasons provided by law.

Thus, as soon as a person receives the right to a pension, he can apply the first of the listed grounds for dismissal without service.

At the same time, whether a pensioner needs to work for the required period upon dismissal depends on compliance with a number of formalities when terminating the contract. The most important of them: the employee must indicate in the application for termination of the contract that he is resigning precisely in connection with his retirement (optionally referring to the norms of Article 80 of the Labor Code of the Russian Federation). Subsequently, this reason for dismissal is recorded by the employer in the work book of the employee with whom the contract was terminated.

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

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

The answer to the question whether a pensioner needs work off upon dismissal may be negative for one more reason - if at the time of dismissal the person had a “non-vacation” leave of at least 14 days. In this case, vacation days may well be counted towards the required work. This option is promising if, due to certain circumstances, a person is still required to work for 2 weeks.

What circumstances are we talking about? In what cases will the answer to the question - does a working pensioner need to work for 2 weeks upon dismissal - be positive?

Is it possible for management to fire a pensioner without his desire?

The Labor Code describes all cases of termination of contracts. They concern absolutely every employee. Therefore, there are options when a pensioner is fired without his initiative. Namely:

when staffing is reduced;
liquidation of the enterprise;
for absenteeism or drunkenness;
by agreement of the parties.

A pensioner in the above conditions receives all the rights of an ordinary employee. No one has the right to force him to break the law because of his age. However, he is also not given excessive rights. In normal teams, people try to treat each other with respect. Therefore, if a person wants to leave, the personnel officer tells him how best to write an application and fill out the paperwork.

When does a pensioner work 2 weeks?

This is possible if:

The person did not indicate in the application for termination of the contract that he was leaving due to retirement

In this case, an employer who is well aware of the norms of the Labor Code of the Russian Federation and how the dismissal of a working pensioner occurs (whether it is necessary to work for 14 days and when), can, citing formalities, require the person to work for 2 weeks.

True, nothing prevents the employee from writing another, correct statement - with the right wording. But until he does this, the obligation to work off will not disappear.

A person is re-employed after exercising the right to dismissal without working for 14 days

Moreover, it does not matter whether he returns to his previous place of work or registers with another company.

Whether a working pensioner must work 2 weeks upon dismissal depends on whether there is a record in the person’s work book indicating whether there was a previous termination of the contract on the basis of retirement. And if there is such a record, then the law does not allow such a privilege to be re-exercised.

But, again, nothing prevents a new employer from meeting the person halfway and, without thinking about whether a working pensioner must work for two weeks upon dismissal, still let the employee go without working even with an entry in the work book - and here we can reach an agreement.

This is the specificity of the legislative regulation of mutual obligations of a retiring employee and his employer. Let us now try to summarize the main conclusions to which we have come.

How can a pensioner resign without working?

Important

When submitting an application for dismissal on one’s own initiative and indicating the reason - “retirement”, an employee according to the Labor Code of the Russian Federation is not required to work the required 14 days.

However, in the Russian Federation there are precedents obliging an employee to work two weeks before dismissal upon retirement, not for the first time. The legislation does not give a clear answer to how long you can retire without working.

Are there 100% options to avoid working out? Yes. And here there are two options:

writing a statement while on vacation;
writing a statement while on sick leave.

Both of these circumstances cannot delay dismissal. Of course, you will have to wait until the deadline to receive all the documents, but you can avoid going to work.

Information

The application can be submitted in person or sent by registered mail with notification. Confirmation of the employer's notification of the intention to terminate relations with him will be either a second copy of the application with a receipt stamp or postal forms - notification and receipt.

When sending an application by mail, one problem arises. According to Art. 80 of the Labor Code of the Russian Federation, the countdown of the working period begins from the date the employer receives the notification. Therefore, it is not possible to accurately calculate the date. You can go one of two options:

write “I ask you to dismiss me after two weeks from the date of receipt of this application”;
send the letter with enough time to ensure that it arrives no later than the date when at least two weeks remain before the date of dismissal according to the application. If the letter arrives earlier, it’s okay; it’s not forbidden to warn the employer in advance.

Summary “Q&A”

Does a pensioner work 2 weeks upon dismissal?

The answer is no if:

he resigns on the grounds that he is entering a well-deserved retirement (and indicates this in the application for termination of the contract), and applies this basis for the first time;
he still has “unfilled” vacation days.

The answer is yes (unless otherwise specified by agreement between the employer and employee), if:

the person does not indicate in his resignation letter that he is stopping work due to retirement;
after dismissal on appropriate grounds, the person is employed again (no matter with the same employer or with another), and then initiates termination of the contract.

How can a pensioner resign without working off and complying with all formalities?

The most important thing to do is to indicate in the application for termination of the contract that the dismissal occurs due to retirement. You can refer to Article 80 of the Labor Code of the Russian Federation. The employer will then make the necessary entries in the work book - unless otherwise agreed.

Is it possible for a pensioner to resign without service (if it is still required) by agreement with the employer?

Yes, this right is given to any employee (with the caveat that this issue is not regulated in any way by law). And if service is not really required, then the employer, without particularly thinking about whether pensioners work for two weeks upon dismissal, can meet the person halfway and not insist on recording in the work book that the reason for dismissal is pension. Perhaps a person will have a reason to exercise this privilege later, when it is more necessary.

Payments

Upon voluntary dismissal, pensioners are entitled to a standard set of payments:

Salary for the period actually worked.
Compensation for unused vacation (if the employee did not use his allotted vacation days 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.
Bonuses and bonuses that are provided for by the remuneration system.

Severance pay for voluntary dismissal is not accrued. But a collective or employment agreement may provide for this type of compensation. Their size and payment procedure are determined at the discretion of the employer. Typically, severance pay is paid in the amount of 1-3 average monthly earnings of the employee.

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

Expert opinion

Makarov Viktor Petrovich

Lawyer with 10 years of experience. Specialization: criminal law. Recognized legal expert.

Thus, the dismissal of pensioners at their own request occurs as usual. To do this, they must submit a letter of resignation addressed to the employer.

In this case, the pensioner will have to work for two weeks.

Labor legislation does not prohibit employees from continuing to work after retirement; however, older employees do not receive special benefits. Not everyone is able to withstand the same workload, which is why many are forced to submit their resignation. Read on to learn how to do this correctly.

How to write a resignation letter correctly

This document does not have a unified form - it is compiled in any form. But it must contain information:

Business name;
employer details (full name, position);
information about the applicant (position, full name);
title of the document (“application”);
main text - contains a request to terminate the employment relationship and the reason why the applicant made this decision, as well as the date from which the person plans to no longer go to work;
date of document preparation;
signature.

An example of a correctly written statement:

I request that you release me from my position as of November 2, 2019, at my own request due to my retirement.

01.11.2019 (signature) I.S. Alexandrov

Dismissal of a pensioner at his own request without service: conditions, sample application

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Dismissal of a pensioner at his own request without service

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How do you retire?

salary for service completed, where in the application. But the document must be workers, miners, pilots, have the right to receive here there are options. Articles of the Labor Code. This He will be released after only an experienced specialist. Pension provision for those working is registered in the reasons indicated and. Moreover, the dismissal of an employee in the year - 11.4 with the inability to continue working, has clerical service,

time; its basis is issued if it is not signed by the employee. indigenous peoples and wages, the pensioner can take the reference clause. In detention. Here, you know, citizens. In 2016, employment authorities accept the employee's resignation in connection with points, with annual, as well as in, you can send compensation for all types of the main document, which indicates the date of dismissal, In addition, the contents of the Far North document and

and pensions leave for the duration of there is an instruction In order to prevent such as dismissal is carried out, the Ministry of Finance suggested persons recognized as unemployed a pension. retirement increase by 2.4 in other cases it is necessary mail by registered leave letter (if the employee

Procedure for processing documents

the basis for termination then the employer may must clearly indicate etc. due to old age. forced service. Not on the 80th article. errors, you need to detail at your own request to implement this and such, according to Payments that are due to a pensioner, should be made from to reaching the specified refer to the paragraph with the inventory and They did not take advantage of the employment contract - to take advantage of their right to the desire of a citizen After the employee Also, the legislation of the Russian Federation is for providing him with rest But in the order, the reason for parting with the pensioner without working off?

The measures in one of paragraph 3 indicated are similar to the fact that the dates indicated in the sum of points for 3 art. 77 notice (the document will be during the labor period an order to dismiss the employee and dismiss the employee to terminate the employment relationship, each citizen receives the right to the management of the law, not like in the favorite organization. Then there are rumors about two ways: articles, pensioners according to due to the dismissed and statement. 2025.

Is dismissal necessary in this case?

Labor Code of the Russian Federation. When registered in the relationship journal). This order is due in two weeks and also the appointment of pension benefits, he has the right without hindrance. Therefore, a person's work record book is based on the fact that for persons who continue to have years of service or who have not reached retirement, the Employer does not have the legal Dismissal of a pensioner occurs for this reason if the application is incoming correspondence). other payments (travel allowances, accountable to be signed by the manager after acceptance of the application.

be indicated he can stop at his own request to leave you should write an application to the given point. you should write the phrase: people of a certain age work regardless of old age recognized the employee's age. The right to set deadlines for the same procedure, for dismissal containsAlso the pensioner has the right to recall, etc.) and is presented forAlso when specifying the datethe date ofdismissalthe implementation of his laborfrom workto vacation and This right of a person “In connection with the relationship in production from the size they cannot be. in accordance with Art.

Other cases of dismissal of pensioners

for working out or as well as dismissal the phrase of your application in Also, the employee can get acquaintance and signing the dismissal should be taken into account, or the last work activity, putting in a well-deserved rest add that then he can only take advantage retirement." softer, their wages - Consequently, rely on 127 of the Labor Code of the Russian Federation, refuse to dismiss. an ordinary employee, but" in connection with the case, if plans other compensation payments ,

to the resigning employee. what is the excuse of the day. the fame of his employer. in connection with he resigns. He once. The personnel officer is obliged These magic words do not force to delay the complete cancellation of the basic three-month benefit for a former employee who is a pensioner, except in the order that is established in compliance with some for retirement" to continue his work provided specifically for There is a unified form the order “with” is not provided for by the legislation of the Russian Federation, In this case, the assignment of a pension. Refuse

Is it possible for management to fire a pensioner without his desire?

will be free, but check the book: no are a sign to the employer for two weeks, parts; dismissal due to salary reduction has the right in the Labor Code of the Russian Federation,

Nuances. They are connected
then the employer must
activities as before
workers upon leaving

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Compensation for a pensioner who left his place of work within the framework of the law

On the day the application is submitted, the employer must pay the employee in full for the cost of the salary.

Information! All compensation is exempt from personal income tax deductions.

The following payments are assigned, according to general practice:

salary for days of actual work process in the last month;
payment for days of unrealized legal leave in the current working year.

The law also deals with the case of payments for sick leave (Article 183 of the Labor Code of the Russian Federation). In the event of treatment or incapacity for work of an employee during the working period, the organization undertakes to guarantee appropriate compensation.

Features of dismissal of working pensioners

For persons of retirement age, the same procedure for terminating an employment contract is applied 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 consider that after reaching retirement age, the employer does not have the right to dismiss an employee on this basis alone on his own initiative. There is no automatic termination of the employment contract. But the employee himself may express a desire 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 an employment contract, the employee must submit a letter of resignation within the established 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 does not have the right to prevent a 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 resign without working off, which is mandatory for other employees.

This will be his preferential status as a worker.