Rules for writing an application for dismissal of a pensioner at his own request + sample

Hiring and dismissing employees are special procedures, the grounds and procedure for which are strictly regulated.
Employers may face adverse consequences for failing to comply with legal requirements set forth in regulations.

Strictly prescribed regulations for hiring and dismissal are needed in order to maintain a balance between the rights of the employee and the employer, preventing abuse of them by one of the parties.

The retirement of employees deserves special attention, since dismissal on this basis is often accompanied by gross violations of labor laws .

Dismissal of an employee upon reaching retirement age

In accordance with Article 8 of Federal Law No. 400-FZ of December 28, 2013, employees have the right to establish an old-age insurance pension only if they meet three conditions:

• have reached the generally established retirement age in the Russian Federation (55 years for women and 60 years for men);
• insurance (work) experience is a minimum number of years;
• have a sufficient number of pension points in their individual personal account.

Since these conditions depend on transitional provisions (Article 35 of the Law “On Insurance Pensions”), in 2021, in order to establish old-age insurance coverage, the insured person must have at least 11 years of work experience and at least 18.6 points .

In addition, some categories of the population may quit their jobs due to retirement earlier than the generally established retirement age. Teachers, medical workers, miners, pilots, indigenous people of the Far North, etc. have the right to apply for early pension payments.

Payments to employees upon retirement

The payments due to a pensioner are similar to those due to a dismissed employee who has not reached retirement age. In accordance with Art. 127 of the Labor Code of the Russian Federation, a former retired employee, in addition to wages, has the right to receive compensation for vacation that was not used during the period when he was in an employment relationship.

A collective agreement or other acts of the enterprise may provide for special payments for employees retiring. The amount of these payments is not regulated by law.

According to Art. 178 of the Labor Code of the Russian Federation, an employee dismissed due to staff reduction is entitled to severance pay in the amount of the average monthly salary. Until subsequent employment, the employee retains the right to receive this payment, but not more than for two months .

The law does not classify pensioners as a separate category and does not provide for any additional material guarantees, therefore the above rule applies to all employees.

Very often controversial cases arise around the provisions of Art. 178 of the Labor Code of the Russian Federation, which establishes the possibility of extending the payment of severance pay to 3 months This is possible when a former employee, who registered with the employment center within two weeks from the date of dismissal, was not employed due to the lack of a job that suits him. does not apply to old-age pensioners , because... by virtue of Art. 3 of Law No. 1032-1 of April 19, 1991 “On Employment of the Population in the Russian Federation”, persons recognized as unemployed are accepted for registration with employment authorities, and as such, according to paragraph 3 of this article, long-service or old-age pensioners cannot be recognized . to disability , and provided that their health allows them to continue working, can count on a three-month benefit upon dismissal due to staff reduction

Under what article of the Labor Code of the Russian Federation does dismissal occur in connection with retirement?

Once an employee becomes entitled to a pension, he may terminate his employment by notifying his employer. In this case, dismissal occurs, the basis of which is retirement .

Clause 3 of Article 77 of the Labor Code of the Russian Federation provides for termination of an employment contract at the request of the employee. The procedure for dismissing a pensioner is identical to dismissing a regular employee, with the exception of some nuances.

However, in essence, an employee’s retirement is not entirely a dismissal, since this is a citizen’s legal right to a well-deserved rest and the establishment of pension payments. Thus, termination of an employment contract with a pensioner occurs in accordance with Article 80 of the Labor Code of the Russian Federation.

Dismissal of a working pensioner entry in the labor record

Each manager who has employees of retirement age on his staff is obliged, when dismissing them, to be guided by the requirements regulated by four articles of the Labor Code of the Russian Federation: 77, 81, 83, 84.1.

If an employee reaches the age corresponding to retirement, then the mere fact of reaching retirement age cannot be a reason for dismissal from work.

A pensioner who wants to continue working has the legal right to do so: he must decide to resign in connection with retirement voluntarily.

How much notice should I give to resign at my own request upon reaching retirement age?

The Labor Code of the Russian Federation clearly regulates the process of establishing relationships between an employer and an employee, including the elderly. Therefore, depending on who exactly is the initiator of dismissal, the legislation also provides for obligations to inform about it.

Do not forget! When the initiative to dismiss a pensioner comes from the boss, it is he who will have to inform the dismissed employee. And, conversely, if an employee resigns of his own free will, then he himself must notify the manager

A person who has reached retirement age must notify his employer of his intention to leave work for a well-deserved rest no later than two weeks (14 days) before his dismissal (Article No. 80 of the Labor Code of the Russian Federation). In this case, the pensioner has the right to leave without two weeks of work.

To properly retire, a working pensioner must:

• Determine the date of termination of the employment contract.
• Fill out an application indicating the date and the wording “in connection with retirement.”

Is it possible to leave without working under the Labor Code of the Russian Federation?

1. Pensioners are concerned about the question of whether it is possible to resign without working for fourteen days, is it permissible to leave on the same day?
2. This question requires an affirmative answer.
3. Dismissal without service can be regarded as a small pension benefit provided for by the Labor Code of the Russian Federation in relation to those citizens who retire and apply for an old-age insurance pension.
4. If management requires work, the pensioner must complain to the labor inspectorate.

Important information! Article No. 80 of the Labor Code of the Russian Federation states that one of the grounds that gives an employee the right to leave without two weeks of work is retirement.

It is important that a person can resign due to retirement only once. He will not be able to re-apply the same reason in the future if he gets a job again. In this case, termination of the contract at one’s own request with an older employee will be formalized on a general basis.

How to terminate a contract with an older employee - step-by-step instructions

The procedure for dismissing a senior citizen who has reached retirement age and wants to retire takes place in seven stages:

• Step 1. A retired employee writes an application addressed to the director of the company.
• Step 2. The application is submitted to the director for consideration. The manager writes in the upper left corner of the application: “Dismiss on such and such (indicates) date” and signs it.
• Step 3. The endorsed application is received by the personnel department (in the absence of this department, its function is performed by the accounting department).
• Step 4. According to the application, personnel officers prepare an order, which the retired employee reads.
• Step 5. After familiarization, the personnel officer puts the appropriate marks on the resigning person’s personal card.
• Step 6. A full financial settlement is made with the employee.
• Step 7. The pensioner receives a work book with a notice of dismissal and a certificate of average salary (as well as other papers upon request).

How to write a resignation letter correctly?

To terminate an employment contract at his own request, a citizen must submit to his employer an application for resignation at his own request. If an employee resigns due to retirement, then an application will also be required from him.

The statement does not have a strictly defined standard, but there are some rules for writing it. So, when drawing up a document, the following should be taken into account :

• According to the Labor Code of the Russian Federation, the employee must notify the employer of his intention in writing; an oral agreement to terminate the employment contract is not allowed. It does not matter whether it is printed or handwritten;
• You can submit a resignation letter to your employer either in person or via mail;
• The document must be signed by the employee.

In addition, the content of the document must clearly indicate the citizen’s desire to terminate the employment relationship, and the date of dismissal or last working day must also be indicated.

What reason should I write?

The legislation of the Russian Federation does not require that an employee must indicate in his resignation letter the reason for his resignation. However, in some cases this is necessary.

One such case is when a citizen retires. This category of workers has the right to terminate the contract when they consider it necessary. But in order for a pensioner to leave work without working the required period, he must indicate in his application the reason for dismissal: “... of his own free will in connection with retirement.” Otherwise, he is deprived of this benefit.

What number should I include in the application?

According to the requirements of the Labor Code of the Russian Federation, after the employer accepts the application, the citizen must work for a certain period of time - two weeks . This period is given to find a new employee to replace the resigning employee. However, if the employer does not object, then, by agreement of the parties, termination of the employment contract can occur without working off.

At the same time, in accordance with paragraph 3 of Article 80 of the Labor Code of the Russian Federation, there are circumstances in which the employer is obliged to dismiss the employee within the period specified in the application, without two weeks of work. Such circumstances also include retirement.

When dismissing a pensioner, the employer will be obliged to terminate the contract with him on the day that the employee indicated in the application. But if the date of dismissal is not specified, the employer can exercise its right and dismiss the employee two weeks after accepting the application.

Also, when indicating the date of dismissal, it should be taken into account that the preposition “with” implies termination of the contract on the previous date . That is, if you write:

• “Please fire me... from November 3, 2021,” then the date of dismissal will be considered November 2;
• “Please fire me... November 3, 2021,” then the employment contract will be terminated on November 3.

A pensioner has the right to apply for resignation at any time - directly during work, during vacation or sick leave, etc.

Sample letter of resignation due to retirement

Despite the fact that the legislation of the Russian Federation does not establish a unified form for an application for dismissal, it, like any document, has its own structure :

• header (in the upper left corner the name of the organization, full name of the head and details of the applicant are indicated);
• name of the document (by );
• text of the application (indicating the reason and desired date of dismissal);
• date of writing and signature of the employee.

Currently, many organizations have ready-made standard application forms , which greatly simplifies the writing procedure for the employee.

What is indicated in the employer's order?

After drawing up and writing the document, the pensioner must transfer it to the employer , having previously registered it in the accounting department or office. In turn, the employer must sign a statement, which constitutes consent to dismissal.

After signing by the manager, the document is transferred to the personnel service, where, on its basis, the main document is issued, which is the basis for terminating the employment contract - an order to dismiss the employee . This order must be signed by the manager and presented to the resigning employee for review and signing.

There is a unified form of order No. T-8, approved by Resolution No. 1 of January 5, 2004. However, since 2013, the mandatory execution of a document using this form has been abolished, and currently the employer has the right to issue an order at his own discretion , taking into account the details of the document and the requirements of the Labor Code of the Russian Federation. Typically, a dismissal order looks like this:

• name, number and date of writing of the document;
• text of the order (who needs to be fired, when and for what reason; information about monetary compensation due to the resigning employee);
• document-basis (application for dismissal at one's own request);
• signatures of the parties.

When dismissing a pensioner, just as in the application, the order must indicate the basis for the dismissal.

Submission deadline

The Labor Code of the Russian Federation, one might say, does not regulate this issue. In Art. 80 there is a rule that the employer is obliged to dismiss the employee on the date specified in the application. Naturally, this cannot be done in hindsight. Otherwise, there is some uncertainty.

If we think logically, we can come to the following conclusion: in the case when an employee writes a statement, say, on May 25, 2018, and wants to dismiss him on the same day, the employer must fulfill such a request. Has no right to refuse.

There is an opinion that it is necessary to take into account the general rules on the calculation of deadlines, when a certain period begins to run from the day following the date specified in the document.

But the question posed in the subtitle of the article is a little different. How long in advance must a pensioner notify the employer of his desire to leave? This deadline has not been established. Other categories of employees who quit on their own initiative must be notified 14 days in advance .

Additional documents

Since the employer already has all the necessary employee documents, upon dismissal the employee only needs to submit a corresponding application . In this case, the employer, after the dismissal procedure, on his last working day of the citizen is obliged to give the retired pensioner :

• a work book in which the record of dismissal must correspond to the record in the Order;
• other documents directly related to work (for example, a medical record).

In addition, the employer must make all financial payments :

• wages for hours worked;
• compensation for all types of vacations (if the employee did not take advantage of them during the employment relationship);
• other payments (travel allowance, reporting allowance, etc.).

An employee may also receive other compensation payments provided specifically for employees upon retirement. These payments are specified in the collective agreement or in other acts of the organization, and their amount is determined by the employer himself.

The employer cannot to issue documents and pay money to a retiring If this happens, the employee has every right to file a complaint against his superiors with the labor inspectorate.

Preparation of an order

After the application of the future pensioner, HR specialists prepare an order, which must be signed by management.
This work can be done by both a lawyer working at the enterprise and an accountant (if there is no HR department).

The order must indicate that the employee is leaving his position or resigning due to retirement.

To draw up an order, standard form No. T-8 is used. It was approved by Resolution of the State Statistics Committee No. 1 of January 5, 2004. But compliance with this form is not strictly mandatory; the text can be drawn up at the discretion of the administration. The main thing is that it indicates the reason for dismissal and the requirements put forward by the Labor Code.

What to do if the employer does not sign the resignation letter?

In accordance with the legislation of the Russian Federation, the employer is obliged to dismiss his employee at his own request upon reaching retirement age. However, in some cases, he may ask for time off, usually to find new employees.

In this case, the pensioner himself makes the decision to meet his superiors halfway, if he wants to continue working, or to refuse. Moreover, if the employer refuses to sign the application, the employee has the right to defend his rights in court .

To prevent the matter from going to trial in court, when dismissing a pensioner, he must take into account some nuances :

• you need to make two copies of the document (or make a photocopy) - one to present to management, and the second with the signature of the responsible person (clerk) and the stamp of the incoming number to keep for yourself;
• the application for dismissal must be registered in the office of the organization or, if the organization does not have an office service, it can be sent by registered mail with an inventory and notification (the document will be recorded in the incoming correspondence journal).

The pensioner also has the right to withdraw his application if he plans to continue his work at his previous workplace. But this is only possible before the specified day of dismissal and if a new employee is not officially hired in his place.

Is it possible to fire a pensioner without his consent?

Dismissal of a retired employee at the initiative of the employer only on the basis of his reaching retirement age is impossible . However, in Art. and the Labor Code of the Russian Federation provide for cases when an employer can, at his own discretion, terminate employment relations with both a pensioner and another employee:

• liquidation of the organization;
• staff reduction;
• violation by an employee of his work duties (absenteeism, theft, presence at the workplace under the influence of alcohol or drugs, etc.).

At the same time, for some categories of workers (civil servants, police officers, etc.) an age limit for holding their position has been established. These employees will be required to leave their jobs when they reach a certain legal age.

7 741

Comments (5)

Showing 5 of 5

• Svetlana S. 11/22/2016 at 11:12
  I am 58 years old, I have been retired for four years now, but I continue to work. A week ago, in a nervous breakdown, I wrote a letter of resignation, and my boss signed it. Now I’ve thought about everything - I want to continue working. There is no order for my dismissal yet. Can I be hired back to the same position?

  answer

  Alina 11/22/2016 at 15:07

  At the legislative level, employees, including working pensioners, are allowed to withdraw their application for dismissal only if:

  • a new employee was not officially hired to replace the person who quit;

  the date of the desired dismissal specified in the application has not arrived.

That is, if in your application you indicated the desired date, which has not yet arrived, and a new employee has not been hired to take your place, then you have the right to withdraw your application and continue your work activity.

answer

Share your opinionCancel reply

Do I need to work it out?

A working person receiving a pension is given the opportunity to write a letter of resignation at his own request at any time. Working pensioners are included in the preferential category of workers.

Unlike other employees, a pensioner has the right to refuse to work 14 days before leaving his place of work. Once the statement is written, the employer will not be able to keep the employee at work.

At the same time, fines and sanctions do not apply to the pensioner. If a citizen, after receiving a pension, is re-employed in the same or another organization, he loses the right to the opportunity not to work for two weeks after drawing up the application.

Such a pensioner falls under the general rules of dismissal under current legislation. He is required to go to work within 14 days from the date of notification of his intention to leave work. Only after following the entire sequence of termination of the contract will the pensioner be able to receive a cash settlement.

Expert opinion

Irina Vasilyeva

Civil law expert

Refusal to work off is allowed only if the pensioner continues to fulfill work obligations after retirement.