Working military retirees are faced with situations in which they need to quit. Labor legislation says that an employee needs to work for two weeks, but does this apply to military citizens who have already retired because of their age?
Preferential right
There are several popular opinions about the two-week deadline, and each opinion has its own precedents in court:
- After a citizen receives the status of a pensioner, he does not have any rights to another dismissal on preferential terms. In particular, part 3 of article 80 regulates the retirement of a person, and not the retirement age, but together with the actual departure - and the possibility of extraordinary departure from several jobs without working a two-week period. And this has its own logic - the next receipt by a citizen of the status of a pensioner is illegal.
- If a person has already become a pensioner, but has not previously enjoyed the right to leave work without work, he can be dismissed without the obligatory 2 weeks at his own request.
This means that even a military pensioner in most cases is equated with an ordinary worker with his rights, obligations and benefits.
Legal regulation
Working off an employee for two weeks upon dismissal is regulated by two legislative acts:
- Labor Code of Russia, article 80. This article regulates all cases of an employee leaving his post on his own initiative. The dismissal of a pensioner who is at work is described in paragraph 3, along with other situations in which a person is physically unable to perform his work duties and can be dismissed without an extension of 2 weeks.
- Laws "State Pension Provision" and "Labor Pensions". Both laws address the issue of financial payments from the state and the employer to retirees.
In order to leave the workplace, a pensioner should write an appropriate application.
How to write a letter of resignation
After an employee reaches retirement age, he, being a citizen of Russia, has every right to quit any day without prior warning - it is enough to indicate the date of resignation in the application. The employer, according to the law, must sign this document and pay the employee on the day that was marked in the application.
In the application, you must indicate your data, the name of the organization and the director. Dismissal of one's own free will in connection with retirement age is prescribed as the reason.
Instead of a conclusion
It is worth considering that there are no legislative norms directly indicating forced labor, but it applies to those military pensioners who have become pensioners already at work.
However, if a person is already a military pensioner and after that got a job, the management has every right to require the employee to perform his duties for another two weeks.
