Dismissal due to retirement in detail

The Constitution and other laws guaranteethe right of all people to retire. There are the following categories (or varieties) of exit on deserved rest: old age, on the achievement of a certain length of service in certain areas of activity and when disability occurs. In this article, we will examine each of these cases separately.

dismissal due to retirement

Dismissal due to retirement for old age

The employer has no right to dismisssubordinate in connection with his access to legal rest in old age. Only the employee can leave the job on this basis. The procedure for dismissal on this occasion does not differ from the termination of the employment contract on their own. In both cases, the employee must write a statement. In this case, according to Art. 80 TC, it is not necessary to work out a two-week term for a pensioner. On the basis of his application, an order is issued in the form of T-8.

Dismissal due to retirementassumes such types of payments: wages for the period of time that was worked by the employee, as well as compensation for leave (if it was not used).

Many employers set their own internal orders and collective agreements to encourage retirees. The amount of such benefits is also set by the manager.

As for the work record book,The dismissal of a pensioner is made only once. In addition, the wording should be appropriate, that is, not just "on their own", but with the addition of the phrase "in connection with retirement" and in no case "retirement".


Achievement of a certain length of service

Some types of employment, according tolegislation, give the employee the right to grant a pension ahead of time (for example, work in harmful or special conditions). That is, to enter a well-deserved rest, a person does not need to wait for the retirement age. Dismissal in connection with retirement on this basis is also identical to the employee's leaving procedure of his own free will.

The onset of disability

Depending on the situation, the law offers two options:

  1. If the employee has completely lostability to work, it must be dismissed under art. 83, item 5 of the LC. With regard to documentation, the employee must produce a certificate of incapacity for work with the assignment of a group to him and a statement of dismissal. The order should be written in the form of T-8, as a reference to the disability certificate.
  2. Another situation is the dismissal from office in connectionwith a lack of work that the employee is not prohibited from performing for health reasons. Then dismissal in connection with retirement for disability must be made on the basis of Art. 73 TC.

At dismissal the worker, except for wages andcalculation for unused vacation, must also receive a severance pay (in the amount equivalent to a two-week salary). If the employee was on a sick leave, then he must also be fully paid.

how to dismiss a pensioner by law

Now you know how to dismiss a pensioner forlaw. In general, such a procedure differs little from dismissal at will, but in some cases there are certain nuances that must be taken into account.

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