Advice 1: Under what conditions labour exchange sends an early retirement

To find a job is always challenging, and difficult to make it to the people close to retirement age. In some cases, the employment center staff can meet and arrange early retirement.
Early retirement will save the unemployed from the hardships of searching for a new place

Who has the right to early retirement


The main condition under which the unemployed person has the right to claim an early pension is the dismissal from the previous place of service on one of the two is clearly spelled out in the law of reasons: a reduction in the number of employees or liquidation of the company. Other grounds, including valid, for example, medical discharge, do not give such a right.

Age is determined by subtracting the base value 2 years of the anticipated age of retirement. If it is 60 and 55 years for men and women respectively, the right to early retirement receive only the unemployed, under the age of 58 and 53 years. However, the Labour code stipulates a series of preferential grounds for reducing this age limit due to the special working conditions in some occupations, for example, bus driver or teacher. Seniority shall not be less than 25 and 20 years respectively.

To exercise the right to early retirement can only the official unemployed standing on the account in the local center of employment of the population, and they should not have faults, for which temporarily stops the accrual of social benefits, or refusal of the device to a proper job.

How is the clearance


Laid-off staff, or in connection with the liquidation of the organization the person shall immediately register with the employment agencies, by place of residence, having on hands the passport, a workbook and a salary certificate. For some time he will offer a job, but if his specialty is rare and highly qualified, the staff of labour exchanges will have difficulties in the selection of his community service and sent for retraining people approaching retirement age is unprofitable. In this regard, they will give him the statement with the proposal on early retirement, which the unemployed must go to the pension Agency. If the result of the application will be positive, it is removed from the register at the employment center and begins to receive a pension. The only caveat to achieve the real life, when he became a pensioner, a person is not entitled to get a job, otherwise he will lose his pension.

As payments made by the Pension Fund, will be compensated in employment of budget funds, the latter due to exceeding quotas can refuse to issue the direction. Faced with failure and consider it to be unfounded, the person may apply to the court or to the regional Ministry of labour and employment.

Advice 2: How to retire

Virtually every organization has employees close to retirement age. If the employee decides with the onset of retirement age (55 for women and 60 for men) to leave work, the Manager and the accountant need to prepare all documents pertaining to his dismissal in connection with retirement and to make an appropriate record in the workbook.
How to retire
Instruction
1
You as the leader of the future pensioner, you need to understand that the attainment by the employee of the age of eligibility for retirement, does not mean it is "automatic", day, care well-deserved rest. Your veteran may, but is not obliged to resign on this ground. He has the right to continue working in your enterprise and this fact does not impact on the receiving labour old-age pension.
2
Note: if the threshold is 55 years and 60 years is reached, the employee may, in connection with the retirement resign at any time by submitting a letter of resignation at own will. It is your responsibility to fire him the date that it determines. And two weeks of testing in this case, you require not entitled to. Entry labor will be like this: "Fired(a) at his own request in connection with the retirement clause 3 part 1 article 77 of the Labour code of the Russian Federation".
3
Warn future retiree: if he intends to retire immediately from the date when the pension is put to him (i.e. date of birth), submit the corresponding application to the Pension Fund at the place of residence, he is obliged in advance.
4
Explain to your employee that the pension he will have to deal with on their own. A detailed list of required documents for this procedure will give him a PF. You as the employer will do only that part of the work that is put by law.
5
What are these obligations?
1.Within 3 working days to issue all the documents (copies) related to work in the enterprise. It is: proof of salary, copy of work record card certified by the stamp of organization.
2.Within 10 days to provide to the Department Pension Fund in the form of SPV-1.This form contains information about the length of insured service, and accrued pension contributions.
6
If your employee on reaching retirement age he resigned on this basis, and then again were you taken to work, the second time to quit for the same reason he can not. It does not matter whether he worked before the dismissal by reason of retirement in your organisation or with another employer. Thus, if his work-book already contains the entry of dismissal (due to retirement), dismissal in the future, the entry will be - "at own will". In this case he has two weeks to work (if no additional agreement of the parties).
7
When making retirement the employee is generally given financial assistance - one-time payment, timed to coincide with a significant milestone. If the collective agreement provides for that the financial aid issued in each case, "parting with the team" on their own to achieve honorary retirement age, then you can pay more than once.
Note
If the employee is a pensioner does not agree to voluntary compensation for the shortfall of holiday pay, she shall be recovered through the courts. There is another option: to forgive the debt to the employee if the amount of the debt is small.
Useful advice
If in the year of dismissal to the future pensioner was granted an annual paid vacation, and he at the time of dismissal do not have time to work, the debt can be deducted from the amounts to be assessed for dismissal. In this case the consent of the employee on the procedure for such withholding is not required.

Limitation one: the retention amount must not be more than 20% of the final payment, provisions in case of dismissal. If this calculation is insufficient for debt repayment, you can repay voluntarily (through a statement of deduction from the last wage or the introduction of unnecessarily holiday money in cash ).

Advice 3: How to apply for early dismissal for redundancy

Early dismissal of an employee in connection with the downsizing of the company issued through a special statement. This statement expresses the consent of the employee to stop working earlier than planned.
How to apply for early dismissal for redundancy
The company's right to early termination of the relationship with the employee when staff reduction is enshrined in current labour legislation. However, the implementation of this right is possible only subject to obtaining the written consent of the employee in a similar procedure. The need for an appropriate legal mechanism due to the fact that sometimes to reduce employee simply do not work, because its functions are completely abolished or transferred to other units. General procedure for reduction of staff requires organizations to employ such employee for another two months, but in some cases it may be agreed to dismissal of the earlier period.

How to make a statement about the agreement on early termination?



The only additional document drawn up in case of early dismissal of an employee for redundancy, is his own written statement. The document should clearly Express its consent to the implementation of the procedure. A single application form is not available, but the content should clearly indicate that the employee expresses the intention to terminate the relationship with the company before the due date, aware of the consequences of such decisions. The statement itself is usually made in response to the proposal of the head of the organization, and in the preparation of this application should indicate the desired date for early dismissal.

What payments are put to the employee in case of early dismissal?



Early dismissal of an employee during the reduction in staff is an attractive opportunity for reducing employee. The use of this mechanism allows to perform work duties two months, which is legally established as of the notice period the employee about his upcoming reduction. The employer is obliged to pay average earnings for a specified period, although he dismissed the employee in this period may look for a new job. The implementation of the procedure of early dismissal does not affect the size of other payments and compensations. So, except for payment of two months of abortive work, the company is obligated to pay such employee severance pay, and the employee is entitled to pay for the period of employment (as a General rule is no more than two months).
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