Dismissal due to retirement is the result of a long employment relationship. How to complete this long working journey? Consider the features of the procedure in the article. A sample letter of resignation due to retirement will also be presented later.
General information
In accordance with applicable law, each person, upon reaching a certain age, has the right to apply for a pension. A threshold is set for men at 60, and for women at 55. In practice, not everyone takes advantage of this opportunity. Someone continues to work and for a rather long time increases his experience. The citizen’s right to retirement is established in the Constitution. In particular, it is guaranteed in Art. 39 of the Basic Law.
What is retirement?
Upon reaching the above age, citizens can apply for a monthly payment. Dismissal in connection with retirement implies certain privileges. They are fixed at the regulatory level and are mandatory for employers. In addition, some enterprises provide additional payments for outgoing workers. The latter, however, is not considered mandatory. Additional compensations are established by the manager at his discretion. The procedure for retirement depends on the immediate reason for the termination of employment. As it may be said, old age, as well as disability and the achievement of the established length of service in certain areas, can act as it. We consider these cases in detail.
Dismissal of his own free will in connection with retirement
There is no obligation in the legislation to terminate an employment contract when a citizen reaches a specified age both on the initiative of the employee and the employer. Thus, the basis will be the employee’s own desire. The dismissal procedure in this case is almost the same as for an ordinary employee. A sample application for dismissal in connection with retirement differs only in the indication of the circumstances in accordance with which the employment relationship is terminated. According to the general rule, the employee must notify the manager of his intention at least 2 weeks before the expected date. If this will be a dismissal due to retirement, then the employment contract must be terminated by the time specified in the application. This provision is recorded in Art. 80 shopping mall.
Employment record
After the application for dismissal from the employee is submitted, an order is issued. It is compiled in a unified form (T-8). According to clause 5.6 of the Instruction approved by decree No. 69 of the Ministry of Labor and Social Development, the employee has the right to terminate labor relations on the grounds for which a number of benefits and advantages are associated at the legislative level. In such cases, an entry in the labor is entered with these reasons.
Important point
It should be said that the labor entry that the dismissal was made in connection with retirement is made once. In the event that a person has reached a specified age, but continues to work, there is no need to indicate this reason a second time. Upon termination of the contract, the basis will be only your own desire.
Additional activities
After making a mark in the labor, a copy of the personified accounting data is issued. Also, relevant information is added to your personal card (form T-2). As mentioned above, local regulations can establish a payment to an employee upon dismissal in connection with his reaching an advanced age for many years of conscientious work. The amount of compensation may be established in a labor or collective agreement. The employer can assist his employee in the preparation of benefits. An application for the appointment of benefits may be submitted personally by the employee himself or by a representative of the future pensioner. As him, for example, may be the employer-insurer.
Required documents
To apply for a pension, you must provide:
- Passport of a citizen.
- Insurance certificate.
- Paper, which confirms the insurance period. These include, first of all, the work book. In addition to it, contracts or certificates from the central authorization are provided.
In the event that errors or inaccuracies are found in the papers that confirm the insurance period, certificates of former employers or archive extracts should be presented about the disputed periods.
Length of service
At some enterprises carrying out a special type of activity, termination is provided labor relations when an employee reaches a certain length of service. This is provided for by Art. 28 and 27 of the Federal Law No. 173. Dismissal upon retirement after seniority is carried out according to the rules defined for the dismissal of an employee on his initiative.
Disability
In the event of disability, dismissal can be done in two ways. In accordance with the first, the contract is terminated under Art. 83, p. 5 of the TC. According to the provisions, in case of complete disability, the contract is subject to termination. A document confirming the presence of disability will act as a basis. The group is determined in accordance with the medical report and is then indicated in the certificate. Along with this document, a statement of intent to resign is submitted. After that, an order is accepted. On its basis, the employment contract is terminated. The column "basis" shall indicate the data from the provided certificate. Further, as in other cases, information is entered into a personal card, work book.
Lack of work not contraindicated for employee
In this case, the dismissal is carried out according to Art. 73 TK. An employee may apply to the supervisor with a written request to transfer him to another job that is not contraindicated to him in health. If this procedure is not possible, because the company does not provide such an activity that would suit the employee, the employer shall notify the employee in writing about it.
If the organization has such a position, but it does not suit a person, then he must confirm his refusal. It must also be in writing. Next, an order is drawn up, in which the determination of disability, the statement of the employee, the absence of a position (work) not not contraindicated for health at the enterprise, the conclusion of the medical board are indicated. Then the corresponding entry is made in the labor.
Compensation
In addition to the due salary and payments for unused vacation days, severance pay is accrued upon dismissal of a disability worker. This is established by Art. 178 TC. The amount of compensation is equal to the two-week salary of the employee. Along with this, all sick leave certificates must be paid according to the Labor Code.
Finally
In general, the dismissal procedure in connection with reaching old age is not accompanied by special difficulties. Paperwork, making the necessary entries in the personal documents of the employee is carried out according to general rules and instructions. Retirement does not mean termination of employment. At his will, a person has the right to continue it.