The peculiarity of the dismissal of a pensioner is that, upon dismissal of his own free will in connection with retirement, the employer has no right to require him to work out the two weeks prescribed by law. At the same time, there is no unequivocal opinion among specialists how many times a person can quit on this basis.
It is necessary
- - statement of resignation;
- - confirmation of obtaining the status of a pensioner (pension certificate and its copy).
Instructions
Step 1
The simplest situation is when a person quits his job, having received the right to a pension. In this case, he is required to write a letter of resignation indicating that the reason is retirement. In this document, he himself has the right to determine the date of his dismissal - even from the next day. And the employer has no legal basis to prevent him.
Step 2
In practice, however, it is not uncommon for a person to continue working in the same organization or get a job in another, already being a pensioner, after receiving a pension. At the same time, there are no restrictions in the law as to whether the wording "in connection with retirement" is applicable in such situations upon dismissal. So, theoretically, a pensioner can resign on this basis an unlimited number of times, no matter how absurd it may seem.
Step 3
Many personnel officers and employers proceed from the fact whether an employee has previously quit for the same reason or not. If there is already such an entry in the work book, then, they think, there can be no more talk about retirement. At the same time, a pensioner has the right to challenge such a decision of the employer in court, relying on the fact that there are no restrictions on the number of dismissals of one employee in connection with retirement, which is directly stated in the comments to the Labor Code of the Russian Federation.
