Labor legislation contains so many subtleties and nuances that only an experienced specialist can figure it out. Now, you know how a pensioner is dismissed at his own request without working out? Rumor has it that people of a certain age have a softer attitude in the workplace, they are not forced to stay for two weeks if they want to vacate the post. In fact, the legislation strictly regulates situations when a pensioner is released immediately or forced to work. What are they? Let's get it right.
Retirement of a pensioner at his own request without practicing
We should specify the issue. You know, retirement of one’s own free will without pensioners working out is possible in only one case. And the situations faced by people who have attained the right to state security are different. Two main options are being considered:
- A man worked in his place before retiring.
- He got a job already after state support was issued.
These are completely different situations and the approach to them is appropriate. Immediately point out that the dismissal of a pensioner at his own request without working out is possible only with the first version of events. That is, if a person goes on a well-deserved rest, then no one has the right to impose extra working days on him. But pushing him home is also not allowed. This citizen makes a decision on his own.
How to retire?
There is one more subtlety in the analyzed situation. The dismissal of a pensioner of his own free will without completion shall only be made when the citizen has announced the relevant circumstances. That is, to inform about your desire to break the contract is not enough. If the reason for dismissal is not deciphered in the application, then the person falls under the general case of legislation. He will be released after practicing.
In order to prevent such a mistake, it is necessary to detail the reason for breaking up with your favorite organization. That is, the phrase “In connection with retirement” should be written on paper. These magic words are a sign to the employer that he is obliged to fulfill the wishes of the worker. By including the phrase in the statement, you protect yourself from the arbitrariness of management. They will get fired on that day, which is desirable for the employee. Otherwise, the leadership is not obliged to make any concessions.
Of course, in friendly organizations such important little things are not kept secret. About them the person is informed by the personnel officer. He tells how to draw up a statement in order for a pensioner to be fired at his own request without working out. The Labor Code governs this situation in Article 80.
The procedure for paperwork
Both the employee and the personnel officer need to know exactly what should be reflected in the documents so that the law is not violated. When we talk about how to arrange a dismissal of a pensioner on his own without working out, the sample application looks like this: "I ask you to dismiss from such a date on my initiative in connection with reaching retirement age, in accordance with article 77 of the Labor Code." By the way, an indication of a normative legal act is not obligatory for an employee. You can not refer to the TC item, but write only about retirement.
A completely different order is written. In it, an indication of regulatory acts is mandatory. Namely, it should be written in the text that the contract is being broken in accordance with paragraph 3 of the first part of the 77th article of the LC. This item is a reference. It refers to the 80th article. But in the order, as in the work book, they rely on the cited paragraph. This right a person can use only once. The personnel officer is obliged to check the book: whether there is such a record in it.
Is dismissal mandatory in this case?
Managers sometimes use the regulatory framework to their advantage. For example, if you want to get rid of an employee, he is offered to quit, as he now has a different source of income. Excuses can be different, but there is only one sense - to make a person leave. You need to understand that such actions are illegal. The dismissal of a pensioner of his own free will without practicing - Article 77th makes this clear - is carried out only on the initiative of the worker. Other options are excluded.
If management is trying to get rid of an employee, they should complain. The law is on the side of the worker. In addition, it is not necessary to quit on the day the right to retirement comes. A person can determine the date of separation from the place of service. Usually, from the day of filing the documents to the first payment of the pension, many days and even months pass. Therefore, a person can work in his place after the appropriate birthday. And they must fire him when he sees fit. At the same time, management must comply with the requirements for termination of the contract described above.
Other cases of dismissal of pensioners
If the right described above has already been used by a person, he will leave the place of service on a common basis. That is, you have to linger on the due date. But there are options. A pensioner can take a vacation for the time of forced labor. The leadership has no right to not give him rest. Therefore, a person should write a vacation application and add that he then quits. He will be free, but the calculation of the law will receive 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 days of rest, sometimes - severance pay. About 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 changing the contract with him from unlimited to any other is also not allowed.
Can management dismiss a pensioner without his will?
The TC lists all cases of termination of contracts. They relate to absolutely every employee. Therefore, there are options when a pensioner is fired without his initiative. Namely:
- with the reduction of staff;
- 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, excessive rights are not granted to him either. In normal groups, people try to respect each other. Therefore, if a person wants to leave, the personnel officer tells him how best to write a statement and draw up paper.