The constitution and other laws guarantee the right of all people to retire. There are the following categories (or varieties) of going on a well-deserved rest: old age, upon reaching a certain length of service in certain fields of activity and upon the onset of disability. In this article we will consider each of these cases separately.
Dismissal due to retirement
An employer does not have the right to dismiss a subordinate in connection with his departure for legal rest in old age. Only the employee himself can quit his job on this basis. The procedure for dismissal in this regard is no different from the termination of an employment contract at will. In both cases, the employee must write a statement. Moreover, according to Art. 80 TC, it is absolutely not necessary for a pensioner to work out a two-week period. Based on his application, an order is issued in the form of T-8.
Dismissal due to retirement involves the following types of payments: salary for the period of time that was worked out by the employee, as well as compensation for the vacation (if it was not used).
Many employers establish incentives for retirees with their internal orders and collective bargaining agreements. The amount of such allowance is also determined by the manager.
As for the work book, the record of the dismissal of a pensioner is made only once. In addition, the wording should be appropriate, that is, not just “on their own”, but with the addition of the phrase “in connection with retirement” and in no case “dismissal from retirement”.
Achievement of a certain experience
Some types of employment, according to the law, give an employee the right to receive a pension ahead of schedule (for example, working in harmful or special conditions). That is, to exit on a well-deserved rest, a person does not need to wait until retirement age. Dismissal due to retirement on this basis is also identical to the procedure for the employee to leave at will.
Onset of disability
Depending on the situation, the law offers two options:
- If the employee has completely lost his ability to work, he must be dismissed under Art. 83, p. 5 of the LC. As for the documentation, the employee must present a certificate of incapacity for work with the assignment of a group to him and a letter of resignation. The order should be written in the form of T-8, as the basis indicates a certificate of disability.
- Another situation is the dismissal from office due to a lack of work that the employee is not forbidden to perform due to health reasons. Then the dismissal in connection with retirement on disability should be made on the basis of Art. 73 TK.
Upon dismissal, an employee, in addition to wages and payment for unused vacation, must also receive severance pay (in the amount equivalent to two-week earnings). If the employee was on sick leave, then he, too, must be fully paid.
Now you know how to fire a pensioner by law. Basically, this procedure is not much different from dismissal at will, but in some cases there are certain nuances that must be taken into account.