What is the best way to quit your job: at your own request or by agreement of the parties?
Dismissal of a person of retirement age is a very difficult issue, which is accompanied by many nuances. But if an urgent need arises, then what is the best way for a working pensioner to quit?
Before writing a statement and bringing it to the manager for signature, you should study all the difficulties so as not to get into trouble. As a rule, a working citizen of retirement age makes the decision to quit.
An employer cannot forcibly dismiss or oblige him to do so, since an article of the Labor Code prohibits such behavior towards an employee only on the basis of his age. Unfortunately, not all citizens are well aware of their legal rights, which is often exploited by unscrupulous employees.
A separate topic is “forced retirement.” This happens in cases where a working pensioner loses his professional skills and communication skills due to natural age-related changes in the body, but does not want to admit it.
In this case, its efficiency level does not exceed 5-10%, and this becomes unprofitable, since the company needs to retain the most promising employees who will bring it growth and prosperity.
Then the manager has the right to dismiss the employee for gross violations and mistakes. But usually the employee is simply made to understand how the situation really is, and then the dismissal is formalized by agreement of the parties.
In a general practice employment contract, the dismissal of a pensioner at his own request or by agreement of the parties is an equivalent process and does not have any additional beneficial component.
If a non-working pensioner gets a job, what will happen to the pension?
Pension security is of interest to every Russian.
Indexation in 2020
Pension payments will increase:
- non-working recipients of labor pensions,
- social payments,
- state pensions,
- labor pensions for working pensioners,
- pensioners of law enforcement agencies.
Changes in the procedure for providing social surcharges - “rural” surcharge
Increase in pensions for persons with extensive rural experience (30 years or more). The fixed amount of the old-age or disability insurance pension will increase by 25%. A mandatory requirement is to live in a village.
What will happen to pensions in 2020
- insurance pensions have been increased by 6.6% since January. This indexation exceeds the level of expected inflation. Pensioners who do not work have the right to indexation. The average increase will be 1000 rubles. Since pension amounts are individual, the January increase will differ from the arithmetic average,
- state pensions will increase in February 2020 by 3.8%,
- indexation of social pensions by 7% is planned from April 2020;
- The insurance pension is expected to be adjusted in August. Occurs at the expense of contributions transferred to the personal account of a working citizen. The recalculation is of an undeclared nature and depends only on the level of accrued contributions, directly proportional to wages. There will be no recalculation if the employer did not make contributions to the Pension Fund. Unofficial work does not increase your pension. The law limits the August increase to three points. The cost of the pension coefficient in 2020. will be 93 rubles,
- from October 1, 2020, the pay of military personnel should be indexed. Representatives of other law enforcement agencies and pensioners of these departments will also receive increased payments.
If you quit and get a job again
Since 2020, the planned indexation of labor pensions has ceased. But only for working pensioners. Missed indexation factors will be applied after dismissal. This is a provision of law. And it is mandatory.
But working pensioners have lost their peace. After all, no one wants to lose their pension. It’s scary not having time to pay off work and make the desired recalculation.
What if the rumors turn out to be true and the recalculation for retiring pensioners is suddenly cancelled?! Going to the PF customer service for clarification does not reassure you... It’s good to be a recipient of a state pension. For them, the fact of work does not affect the possibility of indexing.
Recalculation mechanism upon dismissal
The recalculation of the insurance pension is made from the month following the month of dismissal.
You should not expect any additional payment for the entire period that has passed. It will take three months before the pensioner receives the indexed pension. On the fourth month, a pension is paid in the newly established amount plus a one-time additional payment for the previous three months.
What will happen to your pension if you get a job again?
Workers are worried that they may lose the opportunity to index their pensions from 2020. The most enterprising ones have found a way out of the situation: they terminate the employment relationship.
An undeclared increase in pension is made taking into account the missing indexation coefficients. And the person has an indexed pension. If he gets a job, the new pension will not be reduced, since recalculation is not provided for by law.
Of course, anyone can use this trick to increase their pension, but there is a risk of remaining unemployed. After all, not every employer will rehire a person of retirement age, but will prefer a younger employee.
Summary
Changes in the country's pension legislation do not leave anyone indifferent. How to react to changes and what conclusions need to be drawn?
Compared to their peers who left work, working pensioners find themselves in a more advantageous position financially. They receive both a pension and a salary. But pensions are not indexed and pension payments become lower than they could be.
It turns out that every month a person loses part of his pension. This loss cannot be compensated.
Excited pensioners who continue to work turn to the Pension Fund. Everyone asks the usual questions:
- do you need to quit urgently so as not to lose the missing indexation coefficients,
- when is it better to quit
- How long after dismissal can you go back to work?
- Will the new size remain the same during employment?
It is clear that you can decisively eliminate the source of stress, leaving everyday work in the past. But most of our elderly compatriots work to increase their income, because it is extremely difficult to live on a pension.
Pensioners occupy vacant jobs, becoming competitors for young people. But if an older worker is of interest to the employer, then they will save the vacancy for a long-time employee and rehire him in a month.
Reviews
Many people are interested in the opinion of pensioners who took the risk of quitting and immediately getting a job.
Valentina Nikolaevna N-va, 55 years old
I have been receiving a pension through the FSB for 10 years. All these years I have been working at the university, I have the right to a second (civil) pension. This will be a new pension assignment, taking into account all coefficients starting from 2002. I think I'll quit by the summer. At the beginning of the school year I will be called to this job again. I'll probably agree. And the size of my pension will not change either when I am fired or when I am hired this year.
Lidia Vasilievna V-ko, 67 years old
Before I retired, I worked at a factory. And then a museum caretaker. The salary is small, but I liked the work. My sons wanted me to rest. And at the beginning of January I quit.
I regret that I did not pay in the last days of the month. After all, I would receive a salary for a full month and the right to recalculate my pension from February 1st.
If I return to work this year, I will not lose anything, because the calculated pension amount will remain with me.
Alexander Vladimirovich Ch-ov, 59 years old
He worked in hazardous industries and retired at the age of 55, according to list No. 1. Now I work as the chairman of the housing cooperative. I thought about leaving for a long time: rumors that the indexation could be “forgiven” made me nervous. I decided that I would quit on January 31st.
I will be unemployed for a month, and will return to work in March. This is beneficial for me, because I will receive the full pension in February. If I start working again this spring, my pension will not be reduced.
And I won’t lose my job: I’m appreciated and will be elected chairman again.
Source: https://opensii.info/answers/pensioner-ustroilsya-na-rabotu/
When is it better to quit: before or after vacation?
The HR department is required to provide the employee with information about the date of the last vacation in order to know whether he should work this time or not.
If not, then some part of the vacation pay will have to be returned. If the employee did not have time to go on vacation, then he is paid compensation. It is important to remember that if a pensioner is already on vacation, then he has the right to write a letter of resignation and continue to rest, without any further work . In addition, you can bring two applications to the employer’s desk at once - about vacation and about dismissal.
When is it better for a working pensioner to retire? In accordance with the law of the Russian Federation, a pension is assigned from the first day of the month following dismissal. Therefore, it is better to stop working at the end of the month.
This is convenient because the employee will be paid wages, and from the first day of the next month the pension will be indexed. If the employee quits on the first day of the current month, then the indexation of the pension will be carried out only after a month.
Recalculation of pension after dismissal
For comparison with the example: an increase of 10,000 rubles. by 1.5% would give an increase of 150 rubles. There is no need to contact the Pension Fund, since the employer is obliged to provide the tax authorities with personal data about employees and transferred contributions. If, after the time required by law, the pension has not been recalculated and no notice has been received from the Pension Fund, then you will need to personally notify the Pension Fund of your dismissal.
The video shows information about pension indexation: To do this, he must submit:
- statement;
- extract from the work record book (copy);
- work book;
- pensioner's ID;
- SNILS;
- passport.
Adjustment of the pension amount due to length of service will occur in the same way as indexing. Will indexation be returned to working pensioners after dismissal? After the termination of labor activity of this category of citizens, the planned increase in pensions returns. At the same time, the amount of security increases taking into account all indexations carried out during the period of official employment of the pensioner, or more precisely, not before this “anti-crisis” measure comes into force (from 2020). In a citizen's Personal Account on the official website of the Pension Fund of the Russian Federation, working pensioners can find out the size of the pension payment, taking into account all the indexations carried out, which they will be entitled to after leaving work. If the recipient of the insurance pension again decides to officially find a job, then his payment, increased due to all past indexations, will not be reduced. However, in this case, he again becomes a working pensioner, which entails the cancellation of subsequent increases for the period of his working activity.
How to write an application correctly?
An application for resignation by a pensioner is written either in the general manner or on a special form issued by the personnel department. If a citizen has reached retirement age while working at this enterprise, then the application must indicate “in connection with retirement.”
If an employee gets a job at a company while being a citizen of retirement age, then he needs to write an application of his own free will.
When writing a letter of resignation, you must indicate the reason and your position. The date is set to be the last working day. Management has no right to refuse to accept an application. If this happens, the employee sends a registered letter with a statement to the address of the enterprise.
How retired clerks look for work
Our retired reader decided that he couldn’t live on retirement and decided to look for work again. He shared the search history with clerks on his blog.
It is clear that it is not even possible to survive on the pension that was determined.
Not like living. The previous work ended because There are no new projects, and old ones... hmm... also no. After a month of “well-deserved” rest...without access to computers, I got to computers and the Internet. The pepper is clear, there is nothing to do on job sites. Firstly, age. Secondly... this is a dummy! Over the 5 (or 7?, 8?) years of my stay there, they only showed interest in my resume a couple of times. And even then, they were networkers. I went to Avita. Remembering that the previous time I got a job through her and in just three days! Of course, I’m not eager to join any “managers”. I don’t even aspire to be an accountant - YUM
Terms of dismissal from the company
As for the dismissal of citizens of retirement age, everything is extremely simple. In accordance with the Labor Code of the Russian Federation, a working pensioner can retire at any time. He is also not subject to various fines and sanctions, and the employer has no legal right to withhold him.
But there are three exceptions, in the event of which the employee has the right to dismissal within three days:
- the employee wishes to resign during the probationary period;
- the employee has signed a special contract, the duration of which is no more than two months;
- the employee was hired for seasonal work.
Expert opinion
Irina Vasilyeva
Civil law expert
If the employee was hired as a pensioner, then he will resign following the general rules of the Labor Code.
Dismissal of a working pensioner
» » Workers whose age is already approaching retirement are increasingly beginning to wonder: how does a pensioner quit his job?
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After all, after retirement, a person begins to think about what he should do now. Many people who have reached retirement age feel strong enough to continue active work for a long time. Some are forced to earn extra money because their meager pension is not enough to live on.
The law allows a pensioner to continue working while receiving wages and a pension.
Some employers, not wanting to keep a working pensioner at their enterprise, begin to infringe on his rights.
In order not to fall for this bait, every employee of retirement age should know his rights as prescribed in the Labor Code of the Russian Federation.
Contents Every business entity that employs pensioners must, when dismissing them, be guided by the following articles of the Labor Code in force in the Russian Federation: 77, 81, 83, 84.1. Important! It is worth noting that if an individual officially employed in a commercial organization or an individual entrepreneur reaches retirement age, then this fact is not grounds for his dismissal. He will hold his position as before, but if he wishes, he can leave his job and retire.
What are the features of dismissal of a working pensioner at his own request?
› › › Dismissal of pensioners from the enterprise occurs according to the general rules provided for all other employees.
Federal legislation protects people of retirement age from unlawful actions on the part of management.
Persons of retirement age have the right to terminate an employment contract at their own request.
But the dismissal of an employee will have its own specifics if the person retires from the company. Contents For persons of retirement age, the same termination procedure is applied and the same grounds for dismissal apply as for employees with a different status. Dismissal occurs on the basis of Article 77 of the Labor Code.
Opinion of a lawyer Dmitry Ivanov Legal Support Center This article talks about typical ways to resolve the issue, but each case is unique.
If you want to find out how to solve your particular problem, call:
- Saint Petersburg: .
- Moscow: .
Or on the website.
It's fast and free! It is important to consider that after reaching retirement age, the employer does not have the right to dismiss an employee on this basis alone on his own initiative.
There is no automatic termination of the employment contract. But the employee himself may express a desire to retire. The pensioner has the right to inform the employer of his desire to terminate the employment contract on his own initiative at any time.
This right is not limited by any time frame. To initiate the process of terminating an employment contract, the employee must submit his resignation within the prescribed time frame.
