Dismissal due to retirement in detail

The Constitution and other laws guarantee the 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 in the event of disability. In this article, we will examine each of these cases separately.

Dismissal due to retirement for old age

The employer has no right to dismiss the subordinate in connection with his exit to legal rest on 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 at will. In either case, 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. Based on his application, an order is issued in the form of T-8.

Dismissal in connection with retirement involves 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 record about the dismissal of the pensioner is introduced only once. In addition, the wording should be appropriate, that is, not just "on your own", but with the addition of the phrase "in connection with retirement" and in no case "retirement".

Achievement of certain length of service

Some types of employment, according to the law, give the employee the right to grant a pension early (for example, work in harmful or special conditions). That is, to enter a well-deserved rest, one does not need to wait for the retirement age. The 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 lost his ability to work, he 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 must be written in the form of T-8, as a reference to the disability certificate is indicated.
2. Another situation is dismissal due to a lack of work that the employee is not prohibited from performing due to health reasons. Then the dismissal in connection with the retirement for disability should be made on the basis of Art. 73 TC.

At dismissal the worker, except for wages and calculation for not used holiday, should receive also the termination grant (in the sum equivalent to two-week earnings). If the employee was on sick leave, then he must also be fully paid.

Now you know how to dismiss a pensioner by law. Basically, such a procedure is not much different from dismissal at will, but in some cases there are certain nuances that must be taken into account.