Dismissal is a process that brings many inconveniences to many employers. And not related to the search for new personnel. Not at all. Upon dismissal, responsibility arises, which lies entirely with the authorities. As a rule, non-compliance with established standards entails administrative or criminal liability. Most questions arise when things happen. dismissal of a pensioner. Does such a person need to work out 14 days? Or just write a statement and leave? All features and nuances of this issue will be discussed later!
Dismissal Rules
The first step is to find out the rules that exist in Russia in the task set before us. The Labor Code will help here. More precisely, then article 80 thereof. It describes the procedure for terminating an employment contract between an employer and a subordinate.
An employee must warn the boss in advance that he would like to leave his post. This must be done at least 2 weeks before the termination of the contract. But working out this period is not necessary. There are some tricks to avoid this responsibility. But about them a little later.
And should a pensioner work out 14 days upon dismissal? After all, there are no clarifications on this score. How to behave to the employer and senior employee? Do you really have to warn about the dismissal in advance, and then still work?
Eternal benefit
Elderly people in Russia are eternal beneficiaries. They have special rights in a variety of areas. Therefore, the question arises: should a pensioner work two weeks after being fired?
Honestly, the answer definitely will not work. Indeed, everywhere, in addition to the rules established by law, there are some unspoken foundations. Therefore, everything is individual. But if we talk about what the law says about the dismissal of older people, then the situation is radically changing, there is some specificity. But with its own characteristics. In general, in our today's issue, elderly people have their own benefits. Which ones? What are they? And when can they act?
Your own master
Do I need to work out 2 weeks when a pensioner is fired? According to the laws of Russia, it is necessary to speak in advance about the desire to leave the employer. And work out 14 days before this event. But retirees are beneficiaries. Therefore, they have the right to avoid mining.
The thing is that older people can independently set the date of dismissal. But no less than a day must warn the head. That is, today you announced your desire, and tomorrow you quit. Nothing complicated.
It turns out that mining is not needed. Neither 2 weeks nor 2 days. Older employees should not work at all, if you think about it. Therefore, when employed, they are given some freedom of action. And it applies to dismissal as well. But everything is not as simple as it seems.
Process feature
Do retirement require a 2-week working time? Usually not. But if this happened, do not rush to assert your freedom of action regarding this process. Why?
In order for the benefits of an elderly citizen to work, you will have to comply with one small condition. Namely, working off is not required when dismissal occurs for the first time after reaching retirement age.If a person of age has already changed his place of work several times, then he will have to work the prescribed 2 weeks in the same way as everyone. No exceptions. Unless the employer himself will make an indulgence taking into account the age of the subordinate.
Statement in advance
But there are still some features of the process. For example, an employee will soon reach retirement age. He, not yet in the status of a pensioner, writes a letter of resignation. Moreover, it indicates the period following the day of birth. How in such a situation is the dismissal of a pensioner? Do I have to work out 14 days?
Not. After all, a citizen will have benefits for the first dismissal. Why? It doesn’t matter exactly when the statement was written. If at the time of dismissal a person became a pensioner, benefits take place. Indeed, this will be the first time that a citizen refuses to work as an elderly person.
To demand working out in this case is illegal. You can complain about the employer - he violates the rights of his elderly subordinates. Therefore, all the features associated with the dismissal of pensioners, you need to know. Moreover, both the employer and employees. So everyone will act only by law.
Liquidation
Rarely, but there are situations in which a company is liquidated. Accordingly, all employees will be fired. Moreover, regardless of age. How, in this case, the retirement of the pensioner will be “activated"? Do I have to work out 14 days?
Hard to believe, but no. And it doesn’t matter if the elderly person leaves for the first time or not. With the liquidation of the corporation, no one works off the due date. Therefore, this rule will also have to be remembered. It does not take effect so often, but it does.
Refinements
So we figured out what secrets the retirement of a pensioner keeps in itself. Do I need to work out 14 days after this? Not. With rare exceptions. But about him a little later. There are some particularities in writing a letter of resignation by an older employee. They will help to accurately comply with all established standards.
What exactly is it about? Without fail, you must either indicate your age or write something like “in connection with reaching retirement age” because of your dismissal. That is, somehow emphasize their benefits. After all, management does not know who and when retires. Therefore, the absence of this inscription makes you equal with everyone. This means that you will most likely require working out for 14 days. This will not be entirely legal, but it will be up to you, not the boss, to explain the law enforcement agencies exactly. Why? Because a letter of resignation must necessarily indicate that the process is related to your retirement. Otherwise, you will be equal with all other employees for your superiors.
When mining is needed
It is already clear that often pensioners do not require any training. But when is it needed? If you think about all of the above, then article 80 of the Labor Code will be effective when the pensioner has already quit. That is, if you decide to leave your employer a second time after reaching retirement age.
In this case, you will have to work without benefits provided to older people. True, there are some features that will help you avoid the proper mining. How can I "slope" from a two-week working off upon dismissal?
First, you can take a vacation. And before him write a letter of resignation. Then you won’t have to work out the due date. It is enough to make it fall on your vacation.
Secondly, a good method is leaving for sick leave. An employee, and not only a pensioner, has the right to "fall ill" after writing a letter of resignation. So keep that in mind.
In general, in practice, few will require pensioners to work out in 2 weeks. Even if it is legal. Elderly people are allowed to go on a well-deserved rest when they wish.The main thing to indicate in the application the reason for leaving the company. Namely, "retirement age." Do I have to work out 2 weeks upon dismissal? To the pensioner - no, and to the rest - yes.
