Dismissal due to retirement (Labor Code)
Dismissal due to retirement has a number of nuances. They should be taken into account not only to personnel of the personnel department, but also to the citizen who terminates the contract with the enterprise. Consider further how is carried out by old age.
According to the Labor Code, dismissal is allowed when men reach 60 and women 55 years. At the same time, normative acts provide for the possibility of continuing the professional activity of persons over specified age. The rules stipulate the rights of subjects retiring. They must be strictly observed by the employer.
Additional categories of workers
The law provides for a list of activities that are allowed to be carried out only up to a certain age. Among them:
- Employees. In accordance with Federal Law No. 79, only citizens who have not reached 60 years of age can hold such positions. If the employee is considered to be in demand in the institution and expresses a desire to continue activities, in agreement with the management he may remain at work.However, it is allowed only up to 65 years.
- ATS employees. The dismissal of a soldier may, at his request, be carried out at different ages, depending on the rank. For example, the colonel-general ceases activity no later than 65 years, the lieutenant-general - 60 years. A citizen can be up to 55 years old in the rank of colonel. For other citizens, the age limit is 50 years.
- Lecturers. Engage in teaching activities in the general education system in Russia can citizens up to 70 years. If a teacher works at a university, the age limit is reduced to 65 years.
According to the Labor Code of the Russian Federation, the dismissal of a man or a woman, if they are 60 or 55 years old respectively, is not the responsibility of the employer. Moreover, the law does not allow termination of the contract on the initiative of the employer due to the attainment by citizens of specified ages. The employee is given the opportunity to independently choose the day on which he will write an application for dismissal in connection with his retirement. At the same time he will not need to work out 2 weeks, provided for other categories of citizens.
However, this rule applies if the dismissal is executed for the first time.If a citizen decides to re-enter the enterprise later, then upon termination of the contract he will have to work 2 weeks. In addition, the employer is not entitled to transfer the pensioner to a futures contract on his own initiative. However, if a citizen enters a new job, then the signing of such an agreement would be justified. In accordance with the Labor Code of the Russian Federation, dismissal implies charging certain compensations. In particular, the employer must give the citizen an amount equal to his average earnings for three months.
Retirement due to retirement is carried out in several stages. First of all, a citizen writes an application addressed to the director of the enterprise. It expresses the intention to terminate the activity of their own accord. The supervisor signs the application and issues the corresponding order. On the basis of this act, the accounting department performs the necessary calculations. In the personnel service, an entry is made in labor. In it, in particular, indicates that the dismissal was carried out in connection with retirement.
Features of the application
The document is drawn up taking into account the general requirements of the law.When drawing up an application for dismissal in connection with retirement, a citizen first of all indicates the addressee. It is the head of the company. The following is the name and position of the author of the application. The content of the document is quite simple. As stated above, it is stated here to dismiss on request. At the bottom of the application put the date of preparation and signature. If the dismissal is not the first after reaching the retirement age, the law prescribes the adjustment within 2 weeks. However, the rules allow the change of this period by agreement of the parties. Compiled and signed statement is transferred to the accounting department. Here the document is assigned a number. After that, the application is transferred to the head for signature.
It is compiled on f. T-8. This is a unified form of the order, which was approved by the State Statistics Committee. It is worth saying that this form is considered obsolete today. Meanwhile, in the current legislation there are no regulations regarding the preparation of an order in another form. Most personnel officers adhere to well-established generally accepted rules.The order shall include the following information:
The order can be used the term "termination" or "termination". You should know the difference between these terms. The concept of "termination" is used in case of violations in the design of the contract, in the event of force majeure, as well as in case of termination on an urgent basis. It follows from this that this term cannot be used when a pensioner is fired. The most appropriate for this case will be the concept of "termination".
Payments for dismissal
The legislation contains sufficiently clear instructions on charges, which should be carried out upon termination of the contract with the employee. First of all, dismissal payments include unpaid wages for time worked, as well as compensation for unused days off. The latter refers to those who carried out activities for 11 months. and more. Other incentives and compensations may be provided for in a contract or industry regulatory acts. For example, when a company is reduced or liquidated, a pension is paid to the pensioner, which is the average salary for three months.
When a retiree is dismissed, employees responsible for the paperwork need to conduct a series of operations. First of all, the personnel service transmits personalized data to the FIU. In addition, the duties of employees include:
- Filling the employee card.
- Making an entry in the Book of registration of layoffs.
- Correction of information in the Journal of labor records.
Changes in standards
Federal Law No. 400 made several adjustments regarding the insurance part of the pension. Here it should be noted a number of important points. First of all, innovations have touched insurance experience. At the initial stage, it is set to be 6 years old. Subsequently, this figure should gradually increase. As a result, he should reach 15 years. In Federal Law No. 400, in addition, such a concept is used as the pension ratio. This indicator is set individually for each citizen. With the help of this coefficient is the calculation of payments required by law. At the initial stage, it is equal to 6.6. Over time, it is assumed that the ratio will reach 30.
Law No. 400 states that in order to receive a full pension with all supplements, it is necessary to work for at least 30-40 years (depending on the type of activity). This circumstance forces citizens to continue to fulfill their professional duties even after they have reached the appropriate age. In this case, people tend to accumulate the necessary experience for maximum coefficients. At the same time, pensioners carry out their professional activities without any privileges, and they are dismissed on a general basis.In Russia at present, the percentage of working citizens, whose age is already more than 55-60 years old, is quite high. Especially many of these citizens in the field of education. Meanwhile, not every person feels the strength to continue professional activities.