After receiving pension status, most people prefer to continue working - these are the realities of today. Elderly employees have behind them knowledge, experience, qualifications and other “riches” that come with years. Unfortunately, these often include health problems, which means private sick leave. Not always an employee retirement age wants and can adapt to changing requirements, learn new skills, there are difficulties regarding personal relationships in the work team, especially if you have to obey a young boss.
There are plenty of reasons why an employer would want to see such an employee retire. But what if the employee sees it differently? How to comply with the dismissal procedure on legal grounds, without discriminating against the dismissed person based on age?
What are the advantages of pensioners
According to the provisions of the current Labor Code, pensioners are equal in rights and responsibilities to all other employees (Article 3 of the Labor Code of the Russian Federation).
But in some cases, retirement age guarantees certain benefits at work.
- According to the law, age cannot be a reason for refusal of employment (Article 64 of the Labor Code of the Russian Federation).
- A retired WWII veteran, if he continues to work, can choose the time for his vacation (Clause 1, Article 15-16 of Federal Law No. 5 of January 12, 1995).
- If desired, an employee of retirement age can take additional unpaid leave of up to 14 days.
- Working pensioners are exempt from paying property tax.
- Older employees receive certain preferences when purchasing vouchers to sanatoriums and other health institutions.
Age is not a reason for dismissal
No matter how much an employer would like to fire a retired employee in order to get rid of certain difficulties and make room for younger employees, the law does not allow this.
Art. 3 of the Labor Code of the Russian Federation clearly states that retirement age cannot in any case be a reason for dismissal.
IMPORTANT INFORMATION! Any insufficiently justified reason for dismissing a pensioner in court in most cases will be regarded as age discrimination, which is fraught with serious consequences for the employer.
Of course, there are many ways in a manager’s arsenal to force him to write a statement “on at will" But if the pensioner actually does not have such a desire, but has the determination to defend the violated rights, then in court the employer looking for easy ways is practically doomed.
FOR YOUR INFORMATION! The wording “at their own request” in relation to employees of retirement age is appropriate only if there is their good will. In this case, they can do without the obligatory warning for everyone 2 weeks before leaving (Article 80 of the Labor Code of the Russian Federation). They can exercise this right once, indicating in the application: “in connection with retirement.” will also appear in the work book.
What if we come to an agreement?
Agreement between the parties is the most convenient way to say goodbye to an employee who formally has no reason to be fired. With a pensioner who does not want to enjoy the joys of life without daily work, you need to tactfully talk, explaining the manager’s reasons and offering financial support. Most likely, the wisdom of years will tell the employee that it is not worth fighting for a place in an organization where he is no longer needed. It will take the emotional subtlety of the employer for this conversation to take place without mutual offense.
If an agreement is reached, an agreement is drawn up, on the basis of which the employment contract is terminated.
IMPORTANT! The agreement must reflect the will of both parties and the amount of benefits that the employer will have to pay upon dismissal.
The law is the same for everyone
The remaining grounds for releasing a pensioner from his position are no different from those provided for all categories of employees.
Like any other subordinate, an older employee may lose his job if:
- violates the work schedule and discipline in the team (truancy, being late, appearing intoxicated, etc.);
- the company's staff is forced to reduce;
- the working conditions have changed, no longer suiting the pensioner, and there are no other vacant positions of suitable qualifications in the company or he does not agree to them;
- the employer's organization is liquidated;
- his inadequacy for the position will be proven.
The pensioner's work has become incomplete
Inconsistency with the position is the main " headache» employer related to retired employees. When a person is no longer able or does not want to work as required, of course, the employer has the right to part with him. But the manager himself is not authorized to objectively assess the job suitability of employees - for this purpose, a special commission is created to certify the employee. If its verdict is “loss of certain skills,” then a worker of retirement age who is no longer suitable for his position must offer other vacancies, which will meet the qualifications he currently has. As a rule, these will be lower-level positions that pay significantly less. If the employee disagrees or there are no suitable vacancies, dismissal is lawful.
If old man cannot fully fulfill his duties due to poor health, the verdict of the commission will again be needed - just not the certification one. And the medical one. The employer himself cannot make decisions about whether an employee’s health meets job requirements. The procedure for dismissal after a verdict is the same as in the case of recertification.
When deadlines are pressing
An employer has the right not to renew an employment contract that has expired, even if it is a contract with an employee who has reached the age of a pensioner. This is another legitimate reason to spend it on vacation.
NOTE! If the contract was drawn up for an indefinite period, then it cannot be terminated without reason.
An employer may offer an employee a contract fixed-term contract in order to legally dismiss the employee when the period expires. But forcing an employee to agree to this option will be illegal, which can easily be proven in court. Fixed-term contracts with pensioners should be drawn up exclusively with their voluntary consent!
ATTENTION! Art. 59 of the Labor Code prohibits breaking existing contracts in order to conclude urgent ones in their place!
Shall we look for a compromise?
If you cannot find a justified Labor Code reason for dismissing an elderly employee who is no longer satisfactory to the employer, you can look for a way out in which “both the sheep are safe and the wolves are fed.”
For example, instead of a complete release from a position, you can offer a pensioner to switch to part-time, part-time or a shortened week.
Thus, the employee retains his job and self-respect, and the manager saves on wages and saves experienced “staff”, for example, for mentoring and other functions.
Protected by the union
If the pensioner subject to dismissal is a member of a trade union organization operating at the enterprise, the employer must obtain consent from this body to terminate the employment relationship.
If there is no response to the employer’s request within a week, the union’s opinion on dismissal may not be taken into account in the future.
If expressed negative opinion, this does not mean that the employee cannot be fired: you will simply need to follow the appropriate procedure regarding the dismissal of union members.
Memo for employers
Let us summarize the important nuances regarding the dismissal of pensioners.
- Without the consent of a pensioner, it is impossible to dismiss him on the basis of age (Article 3 of the Labor Code of the Russian Federation).
- The court equates controversial reasons for dismissing a pensioner to age discrimination.
- In cases beyond the will of the parties, staff reductions or changes in the terms of the employment contract, the dismissal of pensioners occurs in the same way as other employees.
- A compromise solution may be to transfer the retired employee to a reduced schedule.
“On labor pensions in Russian Federation" dated December 17, 2001. It says that a man can retire at 60, and a woman at 55. It must be taken into account that the labor pension is calculated provided that the insurance period is at least 5 years. You can become a pensioner earlier: for men - at 50, for women - at 35, if they worked in hazardous work. Here, experience also plays an important role; it must be at least 10 years for men and 7 for women who participated in underground work, and at least 20 and 15 years, respectively, if they worked in hot shops.
Who can retire
There are certain nuances to registering an employee's retirement. An employee may be fired upon reaching retirement age, or may remain at his job.
Let's consider what serves as a reason for establishing pension payments.
Requirements for applying for a pension:
- A person must have Russian citizenship or permanently reside in Russia (this applies to foreigners).
- You must be registered with the Pension Fund (Federal Law No. 167 of December 15, 2001 “On Compulsory Pension Insurance in the Russian Federation”).
- Contributions must be paid to Pension Fund.
- Reaching retirement age.
If your employee is planning to retire, then he must bring you an application and relevant documents.
Package of documents for applying for a pension:
- Passport.
- Employment history.
- Certificate of average income for 5 years.
- Documents confirming the presence of disabled dependents, and a certificate confirming the assignment of disability benefits to them.
- Documents confirming the presence of minor children.
- Certificate of actual place of residence.
- Certificate of marriage and divorce (if there was a change of surname).
What should the employer do?
The employer’s actions are limited to signing documents and submitting reports. According to Resolution of the Board of the Pension Fund No. 192p dated July 31, 2006, the employer is obliged to keep personal records of each employee. You must also fill out form SPV-1 “Information on accrued, paid insurance contributions for compulsory pension insurance and the insurance experience of the insured person to establish labor pension».
The SPV-1 form includes information about the future pensioner. This includes information about the person who signed the civil agreement. If a person makes payments on his own, he can bring the form to the Pension Fund along with an application for a labor pension. The SPV-1 document must indicate the expected date of assignment of labor pension payments. This form is certified by the signature of the entrepreneur and the seal of the company.
Hot experience
As noted above, there are certain conditions under which employees have the right to retire earlier than the period established by law. It is worth taking a closer look at the categories of citizens who can become pensioners before the age of 60 (for men) and 55 years (for women).
The following may retire early:
- Workers working in underground structures, working in hazardous conditions and in hot shops.
- Workers with difficult working conditions.
- Women with at least 20 years of experience in the textile industry and high-load enterprises.
- Participants of expeditions, workers of geological exploration, search services, topography and geodesy, hydrology, forest management, etc.
- Workers engaged in logging, wood rafting, as well as workers in the field of maintenance of machinery and equipment.
- Machine operators for loading and unloading operations in ports.
- Crews on ships of the sea, river, and fishing fleets, except for port workers who continuously work on service vessels and water transport of suburban and urban traffic.
- Drivers of trackless mechanical and electric transport on regular passenger routes.
- Workers engaged in the extraction of minerals in underground and open deposits, as well as mine and mine builders.
- Civil aviation flight personnel.
- Rescuers and employees of the Ministry of Emergency Situations.
- Teachers whose professional work has been carried out for at least 25 years in children's institutions.
Bonuses for work
Upon retirement, many conscientious employees can be rewarded with a lump sum payment. According to Art. 255 of the Tax Code of the Russian Federation, such payments are included in the expenses of the individual entrepreneur and are taxed. If the incentive is provided as financial support in the amount of up to 4,000 rubles for 1 year, then it is not subject to insurance tax (Federal Law of July 24, 2009 N 212-FZ). If the payment amount is more than three times the average salary of your employee, then it is subject to personal income tax, and if the employee works in the Far North, then benefits that exceed six times the amount are subject to taxation.
Quit or work?
An employee may continue to work after reaching retirement age. But if he decides to retire, he can resign on the day of filing the application and without 2 weeks of work. Retirement age may serve as a basis for termination of an employment contract, but this does not apply to civil servants. According to Art. 251 Federal Law No. 79 of July 27, 2004, an employee can remain in the civil service after reaching retirement age only until he is 65 years old. After this, the employee has the right to enter into a fixed-term contract to work in a government agency in a position not related to the civil service.
If an employee decides to retire, he can resign on the day of filing the application and without 2 weeks of work.
There are cases when an employment contract is terminated with an employee of retirement age due to staff reduction.
In this case, the employee must be paid:
- Benefit in the amount of average earnings (Labor Code of the Russian Federation, Article 178, Part 1).
- Average salary until new employment. It must be paid within 2 months after termination of the contract (Labor Code of the Russian Federation, Article 178).
Pensioners are only allowed to enter into fixed-term employment contracts. And those employees who continued to work after reaching retirement age have the right to continue working under an agreement concluded indefinitely.
If a pensioner who gets a job after accruing a pension wants to work longer than the term of the contract, then this period can be extended.
If your employee has reached retirement age, do not rush to say goodbye to him. Maybe he will want to stay in your company. The main thing is to comply with the law and complete all documents correctly. If you do everything correctly, problems will avoid both you and your employee.
I remember in Soviet time people lived with the idea that if they worked honestly and conscientiously in their youth and mature age, then they will be guaranteed a calm and measured old age, full of respect from the younger generation. Those who managed to reach retirement age in the USSR, in most cases, encountered this. Many were really waiting for retirement, because... were firmly convinced that their services to the state and society would not be forgotten by anyone. Now the situation is different. Realizing the fact that minimum size pensions as of 2017 are about 14,500 rubles per month, a good part of the population becomes “terrified” about their future. You can probably “exist somehow” with this money, but no more. It’s good when there are two pensioners living in a family, to whom their adult children, and maybe even grandchildren, provide financial assistance. But what, one wonders, can we say about the lonely? Here things are much worse, as you yourself understand.
And yet, the desire not to go to work, to “spit on everyone” with their heads held high, sometimes outweighs them and, having reached retirement age, employees leave the organization, going on a well-deserved rest. Well, our task for today is to give the employer instructions on how to provide such rest for an employee, and also to understand what awaits the retiree at work and outside of it.
To avoid any misunderstandings
We prepare documents
A pensioner cannot be left without a pension! Of course, everyone understands this perfectly well, but it is at the stage of preparing the necessary documents that most misunderstandings arise. First of all, it is necessary to appoint responsible persons (in most cases, accountants) who will oversee the preparation and submission of personalized reports to the Pension Fund. According to the established regulations, the employer has the right to do this within 10 days from the date of receipt of the resignation letter from the employee. Next, it is necessary to take into account that the date of dismissal of the employee will be his last working day, therefore, the work book also indicates the last working day as the date of dismissal. The corresponding order is drawn up in form No. 8 “Order on termination of an employment contract with an employee,” where paragraph 3 of paragraph 1 of Article 77 of the Labor Code of the Russian Federation “employee initiative” is indicated as the basis for dismissal. The document is certified by the signature of the general director, as well as the signature of the initiator of the dismissal.
Paying the employee
An important stage of the entire event is the issuance of earned money. The last transfer of “pay” must necessarily contain funds for previously unused vacation, the period worked in the current month, as well as a bonus, if it is provided for by the collective agreement. It is also worth noting here that the employer has every right not to pay the employee for those days that he did not work in the current month, while, according to Articles 137, 138 of the Labor Code of the Russian Federation, the amount of deductions should not be more than 20%. After this, you must submit the following documents to the Pension Fund:
Form SZV-4-1 or SZV-4-2 - individual information about the insurance period and accrued contributions;
Form ADV-11 – statement of payment of accrued contributions;
Form ADV-6-1 – inventory of documents;
Explanatory note.
Without difficulties - nowhere
IN in this case We are looking into a situation where a person of retirement age independently expresses a desire to retire. However, many employers have cases when an employee does not want to retire under any circumstances. Why exactly this happens, we indicated above - the elementary reluctance of a person to find himself in a vulnerable social position, but this is not the only thing we are talking about. From the experience of communicating with our people, we learned that pensioners do not want to remain aloof from society. Brought up on the norms of behavior and values of the USSR, they do not want to remain aloof from society or lose their active civic position. “I will work and contribute to society as long as I stand on my feet.”– that’s pretty much how they reason. It is worth noting that this is a very commendable view of own life and to your purpose in it. We have a lot to learn. However, this can cause a number of inconveniences for the employer. Firstly, due to their advanced age, some of these employees do not differ good health. Regular payments sick leave and the absence of an employee in the office or at work is a loss. Secondly, the quality of work, as well as the approach to performing official tasks, can vary from fanatical pedantry to outright negligence. Thirdly, no one will argue with this; older people often have such a grumpy character that this begins to seriously harm the atmosphere in the team. Forcibly dismissing pensioners is not accepted in our country both from a moral point of view and from the point of view of the requirements of the Labor Code. Gently “asking” to leave of your own free will may also not work. the best way out from the position, because the person will most likely be offended. The question is, what remains to be done? Basically, nothing. Typically, in such situations, the management of the organization invites (very significant) retirees to become “freelance consultants” or “informal mentors” if we are talking about engineering, for example. De jure a person retires and quits his job, but de facto he continues to adhere to the same active life position that we mentioned above. As a solution to this problem, we can recommend that a pensioner write a book or monograph, in other words, put his professional experience on paper in order to share it with the younger generation (of course, for a decent fee). Not everyone will agree to this, and yet such cases do occur in practice.
How can a pensioner be useful?
And yet it is absolutely wrong to write off pensioners from accounts. Do not forget that in Russia the retirement age comes much earlier than many Western European countries, and at 55 or 60 years old a person, as a rule, is in relatively good shape and of sound mind. If he does not take advantage of his dexterity and willingness to go on adventures (a distinctive feature of the younger generation), then his professional and life experience will be a good help for the management team. You can consult with them, clarify their forecasts about the future development of the industry, based on their historical knowledge (not always, of course, but often). In a good situation, a retiree can become a good and, importantly, valuable mentor for the entire production department. Is it really worth persuading him to resign if he doesn’t want to leave?
In any case, there is such a thing as “expectation” and there is “reality”. What the author of this article described relates more to the first. In reality, let’s admit it honestly, many people don’t like or value pensioners. Moreover, they are far from the most best attitude in a corporate environment. Read the vacancy announcements - wherever you look, almost everywhere you need “young and ambitious people with a desire to earn money.” This is much more beneficial for the employer. Experience is secondary. The main desire. This makes me sad, to say the least.
Conclusion
As we can see, the purely formal procedure for dismissing an employee due to his retirement is quite simple if certain regulations are followed and if there is a sincere initiative from the employee himself. However, with this topic we are addressing not so much a procedural issue as a social one, or, to be more precise, an “acute social” one. It is absolutely unknown when the times will come when workers, as before, will retire with a light heart and a sense of accomplishment. Today, 14,500 rubles is not a benchmark that allows you to look into the future with confidence and calm.
P.S. Recently there was news that the Russian Government does not predict an increase in pensions for the next 3 years. Due to rising inflation, the real solvency of pensioners may decrease several times.
The employee retires. If the company does not have a personnel service, then he will contact an accountant with questions about this. Where to go? What documents are needed?
How to arrange them correctly? In addition to the answers, the future pensioner will have to issue a lot of various certificates and other documents. Or perhaps you will decide to help him and go with him to the Pension Fund branch. Let's try to cope with these tasks in three steps. Step One: Reports For an employee who is going to apply for a pension, we submit a set of information to our branch of the Pension Fund. The period for the report will be from the beginning of the year to birthday- future pensioner. Only whole months need to be taken into account. What reports will be included in the kit? The same ones that you usually submit for personalized registration. Only now you will have to issue them not for a year, but only for part of the year. Let us recall the composition of these documents:
- individual information for a retired employee (SZV-4-2);
- explanatory note;
- inventory (ADV-6-1);
- Step two: documents
- We are preparing the necessary set of documents. It depends on him whether the employee will be able to submit everything to the Pension Fund the first time, or whether he will have to stand in line again and again. The list of papers required when applying for an old-age pension was approved by Resolution of the Ministry of Labor and the Pension Fund of February 27, 2002 No. 16/19pa. It includes:
- passport of a Russian citizen;
- employment history; information about the insurance period (Article 3 of the Law of December 17, 2001 No. 173-FZ), insurance certificate of state pension insurance;.
- necessary cases need to submit: documents about
- disabled members
- families;
The employee takes the collected package of documents and goes to the Pension Fund office at his place of registration. He needs a department that deals with pensions. There, the future pensioner fills out an application. Employees of the Pension Fund must register the date of receipt of the application in a special journal.
It is important to know: the pension will be accrued from this date, and not from the date of birth, as it was before. If some papers are missing, the law allows them to be delivered later (Law of December 17, 2001 No. 173-FZ). The Pension Fund employee must issue a notification receipt indicating the list of missing documents and the deadlines for submitting them. Next, the Pension Fund employees draw up extracts from the pensioner’s personal account and check all the documents. Once again, please note: if the organizations where the citizen worked did not pay insurance contributions to the Pension Fund (Law No. 167-FZ of December 15, 2001), then there is no data in the personal account. Then these periods of work and salary amounts will not be taken into account when calculating the pension. That's all. All that remains is to wait until the fund’s employees calculate the pension (Articles 14–17 of the Law of December 17, 2001 No. 173-FZ) and issue a pension certificate. An employee who has already issued a pension may decide to work some more. citizens is constantly undergoing changes. Changes made are almost always perceived very warily, since they affect a very large category of citizens of the country, and especially issues of change pension legislation concern people near retirement age. Not only the rules for calculating the amount of a pension and the procedure for its payment are changing, but also the procedure for processing and submitting documents necessary for assigning a pension benefit. Providing some information and documents is the responsibility of the employer, so the HR officer and accountant should always have up-to-date information on changes in pension legislation.
When it comes to pension provision, the employer company acts as the insured for the entire period of registration of the employment relationship with the employee, and the employee acts as the insured person. The main document that regulates the procedure for insurers to submit information about their insured persons to the Pension Fund of the Russian Federation is the “Instruction on the procedure for maintaining individual (personalized) records of information about insured persons,” approved by order).
In accordance with which, the employer is obliged to provide information about the insurance period, about wages(income), about accrued and paid insurance premiums, etc.
According to the Federal Law “On Labor Pensions” of December 17, 2001 No. 173-FZ, an old-age labor pension is awarded to women who have reached the age of 55 years and men who have reached the age of 60 years. Wherein prerequisite is their presence insurance period at least 5 years.
In some cases, citizens have the right to early retirement. This opportunity is provided to people who have periods of work in special territorial conditions or under special working conditions. List of persons entitled to early appointment pensions, as well as the conditions for their assignment, are given in the law “On Labor Pensions”.
What actions should a personnel officer or accountant take if an employee of an enterprise reaches retirement age in the near future?
To prepare and execute documents related to pension provision, the employee must contact his employer with an application to submit individual information about him to the territorial body of the Pension Fund. The application does not have any mandatory form, but it is important that the employee indicate in it the date from which he becomes entitled to a pension (see sample).
And the employer, within 10 days from the date of the employee’s request, provides information about this person. Special forms for submitting information on personalized accounting and the procedure for their application are approved by Resolution of the Board of the Pension Fund of the Russian Federation dated July 31, 2006 No. 192p. Previously, information was submitted in the SPV-1 form, and with entry into force on September 30, 2014. Resolution of the Board of the Pension Fund of the Russian Federation dated July 21, 2014 No. 237P, personalized accounting information must be submitted in the SPV-2 form. Form SPV-2 is transferred to the territorial PF along with an inventory in form ADV-6-1.
But an employee’s appeal to the employer with an application to provide information to the Pension Fund is not enough. To receive a pension, the employee must apply to the regional office. Advise your employees to do this at least three months before their 60th (55th) birthday, so that the fund has time to check everything, and then the pension will be accrued on time from the date of reaching the appropriate age.
Usually, only a few people know what documents are needed to apply for a pension. When they reach retirement age, people begin to run to different authorities and find out when they can retire and what benefits they can count on.
Resolution of the Ministry of Labor of Russia and the Pension Fund of February 27, 2002 No. 16/19pa approved the List of documents that an employee must submit to the Pension Fund. Among the main ones are an application for a pension, a passport, a copy of the work record book, a certificate of average monthly earnings for 2000–2001 or for any 60 consecutive months during working life before January 1, 2002. More full information the employee can always obtain information about the procedure for assigning a pension and the list of documents required for assigning a pension in each specific case at the Pension Fund office at the place of residence.
This procedure for registering a pension was in effect until the Federal Law of December 28, 2013 came into force. No. 400-FZ “On insurance pensions”. According to which, both citizens themselves can apply for pension benefits, and the employer for whom they work has the right to do so (upon their written application). In addition, the law states that all information necessary for calculating a pension can be transferred to in electronic format.
After the adoption of the law “On Insurance Pensions,” the territorial Administration of the Pension Fund of the Russian Federation approached employers in the Vladimir region with a proposal for cooperation on the issue of conducting preliminary work with persons acquiring the right to assign a labor pension. What does it mean? According to representatives of the Pension Fund, complete and reliable information about the employee provided by the employer before applying for a pension will save the employee from having to stand in queues and independently collect Required documents and thereby assign a pension on time and in full. It is assumed that the employer, represented by a personnel officer, will submit in advance to the Pension Fund in electronic form a package of documents to establish a pension for the employee. It is clear that this kind of work will add trouble to personnel officers; in addition, the law indicates the employer’s responsibility for the accuracy of the information provided. Currently, such an obligation is not assigned to the employer by law, solely under the written agreement “On the exchange of electronic documents in the electronic document management system” between him and the territorial administration of the pension fund, which many employers are offered to conclude. It is up to the employers themselves to decide whether to enter into such an agreement or not. For now this is a voluntary step...
At the moment, according to established practice, when applying for a pension, the employee asks the personnel officer to hand over the original work book in order to go with it to the Pension Fund to clarify and confirm the length of service. As follows from the Letter of Rostrud dated March 18, 2008 N 656-6-0 and the Rules for maintaining and storing work books, producing work book forms and providing employers with them, liability for the loss of a work book in the event that an employee receives a receipt for short term a work book is issued, will be borne by the specified official of the employer, i.e. personnel officer And of course there were cases of loss of work records. Legislators decided to resolve a long-standing dispute on this issue and amended Article 62 of the Labor Code of the Russian Federation, according to which the employer is obliged, upon a written application from the employee, to issue a work book in order to register compulsory pension provision. This change is being introduced Federal law from 07/21/2014 No. 216-FZ and comes into force on January 1, 2015. In addition, by the same law, the insurance certificate of state pension insurance (simply SNILS) will be “renamed” into the insurance certificate of compulsory pension insurance.
So, all the necessary documents have been collected, submitted to the Pension Fund, the pension has been calculated, and the moment has come when the employee has reached retirement age. I’ll say right away that reaching retirement age by an employee is not grounds for his dismissal. Such an employee may continue to work on a general basis. But if he decided to resign due to retirement, then the preparation of personnel documents will be somewhat different from a regular dismissal.
Firstly, dismissal due to retirement must occur exactly on the day indicated in the employee’s application (see sample application below); there can be no talk of any two-week “work off”. And the employee can use this right only once. If the pensioner then gets a job and subsequently wants to quit due to retirement, the notice period for dismissal will be two weeks.
