Constitution and other laws guarantee the right of all people to a pension.There are the following categories (or varieties) yield well-deserved rest: old age, after a certain length of service in some areas and the occurrence of disability.In this article we will look at each of these cases separately.
Dismissal in connection with the retirement of old-age
employer not dismiss subordinate in connection with its access to the rest of the legal age.Dismissed from their jobs on this basis it may be only the worker.The procedure for the dismissal of this matter is no different from the termination of the employment contract at his own request.And in fact, and in another case, the employee must write a statement.Thus, according to Art.TC 80, two weeks to work out the retiree is entirely optional.On the basis of its application order is issued in the form of T-8.
Dismissal due to retirement suggests these types of benefits: salary for the period of time that has been worked out an employee, as well as compensation for the holiday (if not used).
Many employers have their own internal orders and the collective bargaining agreement set incentives for retirees.The amount of such benefits as established leader.
Regarding the employment record, then the record about the dismissal of the pensioner is entered only once.Moreover, the wording should be appropriate, ie. E. Not just "on their own", and with the addition of the phrase "in connection with the retirement" and in any case not a "retirement."
achieve certain time
Some types of employment, according to the law, give the employee the right to the appointment of early retirement (for example, work in hazardous or special conditions).That is to exit on a holiday a person does not need to wait until retirement age.Dismissal due to retirement on the basis of this procedure is also identical to the employee leaving at his own request.
disability
Depending on the situation, the law provides two options:
- If the employee has completely lost the ability to work, it must be dismissed under Article.83, p. 5 TK.With regard to documentation, the employee must present a certificate of disability by assigning him the group and resignation.The order must be written in the form of T-8, as the basis of specified reference about disability.
- Another situation - dismissal from the post due to the lack of work that the employee is not forbidden to perform for health reasons.Then dismissal in connection with his disability pension must be made on the basis of Art.73 TC.
When dismissing an employee, other than wages and payment for accrued vacation, and has yet to receive severance pay (an amount equivalent to two weeks' earnings).If the employee is on sick leave, then he too must be fully paid.
Now you know how to fire a pensioner under the law.Basically, this procedure is not much different from the dismissal of their own volition, but in some cases there are certain nuances that must be considered.
