The labor legislation contains so muchsubtleties and nuances that can be understood only by an experienced specialist. So, do you know how the retirement is done without retirement? There are rumors that people of a certain age are treated with a softer attitude, they are not forced to stay for two weeks if they want to vacate the office. In fact, the law strictly regulates the situation when a pensioner is released immediately or forced to work out. What are they? Let's understand.
Dismissal by the pensioner's own will without working off
We should concretize the question.You know, dismissal on their own without retirement pensioners can only be carried out in one case. And the situations faced by people who have reached the right to state support are different. Consider two main options:
- A man worked in his place before retiring.
- I got a job after the registration of the state security.
These are completely different situations and approach to themcorresponding. At once we will point out that dismissal at own will of the pensioner without working off is possible only at the first variant of events. That is, if a person goes on a well-deserved rest, then no one has the right to impose unnecessary work days. But also to push it home is also not allowed. This citizen makes a decision on his own.
How do they retire?
There is another subtlety in the situation under consideration.Dismissal by the retiree's own will without working off is performed only when the citizen stated about the relevant circumstances. That is, to inform about his desire to break the contract is not enough. If in the application the reason for dismissal is not deciphered, then the person falls under the general case of legislation. He will be released after working off.
To avoid such a mistake, it is necessarydetail the reason for parting with your favorite organization. That is, in the paper should write the phrase: "In connection with retirement." These magic words are a sign to the employer that he is obliged to fulfill the wish of the worker. By including this phrase in the application, you will protect yourself from the arbitrariness of the leadership. They will fire on the day that is desirable for the employee. Otherwise, there is no obligation to make any concessions.
Of course, in friendly organizations such importantlittle things are not kept secret. The person is informed about them by the personnel officer. He suggests how to properly formulate a statement so that the dismissal of the pensioner's own will occurred without working out. The Labor Code regulates this situation with Article 80.
Order of registration of documents
Both the employee and the personnel officer need to know exactly,which should be reflected in the documents so that the law is not violated. When we talk about how to formalize the dismissal at will of a pensioner without working off, the sample application looks like this: "I ask to dismiss from such a date on my initiative in connection with the achievement of retirement age, in the order of Article 77 of the TC." By the way, the instruction of the normative legal act for the employee is not obligatory. You can not refer to the point of TC, and write only about retirement.
The order is written differently.In it the instruction of normative acts is obligatory. Namely in the text it should be written that the contract is broken according to point 3 of part one of the 77th article of the TC. This point is a reference. It refers to the 80th article. But in the order, as in the work book, they rely on the point given. This right a person can use only once. Personnel must check the book: is there such a record in it?
Is the dismissal necessary in this case?
Managers sometimes useregulatory framework in their own interests. For example, if you want to get rid of an employee, he is offered to resign, since he now has another source of income. Excuses can be different, but the only meaning is to get a person to leave. One must understand that such actions are illegal. Dismissal by the retiree's own will without working out - Article 77 says this clearly - is carried out only on the initiative of the worker. Other options are excluded.
If management is trying to get rid ofemployee, he should complain. The law is on the side of the toiler. In addition, it is not necessary to leave on the day of the right to retirement. A person can determine the date of parting with the duty station. Usually from the day of filing documents to the first payment of a pension, many days and even months pass. Therefore, a person can work in his place and after the corresponding birthday. And he must be dismissed when he considers it necessary. 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 is already a person alreadyused, he parted with the duty station on general grounds. That is, will have to stay on time. But here there are options. A pensioner can take a vacation for a period of forced labor. He does not have the right to give him rest. Therefore, a person should write a vacation application and add that he then resigns. He will be free, but the calculation of the law will receive a little later.
By the way, if you retire on pension,be made in the same way as in other cases of termination of the contract. They consist of a salary, compensation for unused rest days, sometimes - severance pay. About whether there is such a measure of encouragement in the enterprise, is written in the Collective Agreement. It is not allowed to transfer a pensioner to another position without his consent. And to change the contract with him from perpetual to any other, too, is not allowed.
Is it possible for the leadership to dismiss a pensioner without his desire?
In the TC all cases of termination of contracts are registered. They concern absolutely every employee. Therefore, there are options when a pensioner is fired without his initiative. Namely:
- with staff reduction;
- liquidation of the enterprise;
- for absenteeism or drunkenness;
- by agreement of the parties.