Instructions: how to dismiss an employee due to death. Dismissal of an employee due to death Due to the death of an employee

16.06.2021

Not always a termination initiative labor relations belongs to the employee or employer. Let us analyze one of the most unfortunate and irreversible reasons for this - dismissal due to the death of an employee. Even in such a sad situation, it is important for the employer to correctly terminate the employment relationship, observing the rules prescribed by law. Therefore, the director of the company or individual entrepreneur draws up several documents. The legislation obliges them to transfer the monetary debt to the employee to the relatives of the deceased. Let us consider in more detail the algorithm of actions of the employer after the departure of the employee from life.

IP, LLC, state and municipal institutions at any time may encounter emergency when it is necessary to terminate the employment contract due to insurmountable circumstances that do not depend either on their desire or on the aspirations of the subordinate. We are talking about the death or death of a member of the team. How to fire a deceased employee?

Dismissal due to death is regulated by Russian law and in reality is not difficult. This is a very common, even typical bureaucratic event. A representative of the personnel department or personally the head of the company sequentially performs a simple algorithm, which we will consider below.

“Death is one of the reasons for the termination of labor relations due to circumstances beyond the control of the parties,” says article 84 of the Labor Code of the Russian Federation.

Paperwork begins with the fact that the company receives a copy of the death certificate of its subordinate. Without this paper, it is impossible to start the process of termination of the employment relationship, because the T-8 order and the mark in work book will not have legal force. No other document can confirm the death of an employee. In most cases, it is provided by one of the relatives of the deceased citizen. In the most sad cases, when the employee did not have a family, paper can be requested at the hospital.

A sample of filling out the T-8 order in the event of the death of an employee

Dismissal order

The main document that an employer draws up in order to exclude a deceased employee from the state and complete employment is an order to terminate employment contract. As we said above, you can prepare it only if you have a copy of the death certificate in your hands. The standard unified form T-8 is used. Download its sample at the end of this paragraph.

We gradually fill out the order T-8 on termination of labor relations due to the death of a citizen:

number in the order of registration of acts on personnel and date;
date of dismissal - coincides with the date of death from the certificate (may not coincide with the date of the order);
name, position and structural subdivision employee
the reason for dismissal is “the death of an employee, clause 6, part 1, art. 83 of the Labor Code of the Russian Federation”;
the basis of the order is a "death certificate" indicating the date and number.

There will be only one signature on the document - the director of the company or individual entrepreneur. The visa of husbands, wives, parents, children, etc. is not required, the line "Familiarized" remains empty.

Download sample order:

Entry in the workbook

The termination of the TD with the deceased cannot be considered completed until the personnel department makes an appropriate mark in his work book - one order is not enough. What to write? After the last mark (about admission to an organization or transfer to a new position), without skipping lines, write:

serial number;
day, month, year of dismissal;
“The employment contract was terminated due to the death of the employee, clause 6, part 1, article 83 of the Labor Code of the Russian Federation”;
order details.

The seal is not obligatory, it is put only when the organization endorses all similar acts with it.

What to do with the work book of a deceased citizen? By law, it is kept by the employer. You can't forget about it, let alone throw it away. There are 2 options: give to relatives or store in the archive. If relatives requested the book, take from them a copy of the passport and a copy of the document that records their relationship (birth or marriage certificate). If relatives were not interested in the book or the deceased was alone, the organization is obliged to keep the document for the next 75 years.

Making an entry in the work book of a deceased employee

Calculation of payments upon dismissal due to death

The death of a person does not release his employer from financial obligations to him. Payments in connection with the death of an employee are made in favor of one of the family members. To receive the money due (this is wages and compensation for unused vacation days) relative must:

present a passport and a document confirming the relationship with the deceased;
write an application, where to indicate the details for the money transfer.

The applicant has 4 months to claim the money, the employer has 5 working days to transfer or issue cash after the application. It is also not necessary to pay income tax and contributions to the Pension Fund and the Social Insurance Fund from this money.

The charter or collective agreement sometimes states that the relatives of the deceased employee receive material assistance. If such a situation exists, the personnel department itself establishes contact with them, and the procedure for transferring money is regulated by the constituent documentation.

Conclusion

The algorithm for dismissing an employee due to death involves a number of bureaucratic operations: signing an order in the T-8 form and making a note in the citizen's work book. Before documenting the dismissal, the organization waits for a copy of the death certificate. The work book is issued upon application to one of the family members or is stored in the company's archive for the next 75 years. All due cash payments are also made in favor of the relatives of the deceased after the application.

Unfortunately, the death of an employee is also included in the list of grounds for terminating an employment contract. Moreover, it is not as rare as it might seem at first glance. HR staff large enterprises, where the staff can be tens of thousands of people, from time to time they are forced to draw up many documents related to the termination of labor contract, guided precisely by Article No. 83 of the Labor Code of the Russian Federation.

On the one hand, this is just one of the situations provided for by the current legislation, on the other hand, it is a delicate topic when it is necessary to make payments to the relatives of the deceased, as well as arrange all Required documents as accurately as possible, taking into account all the nuances of this process.

To date, the Labor Code quite clearly spells out the procedure for terminating employment relations between an employer and an employee in connection with the death of the latter.

Norms of the Labor Code of the Russian Federation

The wording is of paramount importance in this situation. From a legal point of view a dead person cannot be fired. Accordingly, a gross mistake would be an entry in the labor “dismissed due to death.”

It would be correct to say: the employment contract was terminated due to circumstances beyond the control of the parties.

It is with this wording that article No. 83 appears in the Labor Code of the Russian Federation. The situation considered in the article is spelled out in paragraph 6 of the 1st part of this article.

As in all other cases preceding the termination of employment, the employer is obliged to document this by issuing an appropriate order. Based general provisions Art. 84.1 of the Labor Code of the Russian Federation, the employee is obliged to familiarize himself with the contents of this order and confirm this in writing. Of course, this is not possible in the present case. The law does not say anything about the fact that relatives or other representatives of the deceased must put their signature in the order, so the column of the document, which says that the employee is familiar with him, remains empty.

What date is the notice of dismissal issued?

The document serving as a legal basis for terminating an employment contract under clause 6, part 1, article 83 of the Labor Code of the Russian Federation is in accordance with federal law No. 143-FZ dated 11/15/1997 death certificate issued by the civil registry authorities.

This is an important nuance, meaning that oral or written messages from the relatives of the deceased, employees of the internal affairs bodies or medical workers. institutions cannot be considered sufficient grounds for initiating a process documentation termination of the employment contract. Accordingly, the order to do so cannot be dated before the date given on the death certificate.

As a rule, an official document confirming the death of a person enters the personnel service after some, often very long, time.

However, in the order itself, the last working day of an employee is recognized as the day preceding his death, or, for example, if he died during the working day, this particular date should be considered the last working day.

For example, a person died on June 15, the death certificate, in which this date was recorded, was received by relatives on June 30, and this document was provided at the place of work of the deceased on September 5. In this case, the corresponding order must be dated September 5, however, in accordance with Art. 84.1 of the Labor Code of the Russian Federation it should be reflected that the last day when the employee performed his labor duties is June 14, if the next day the person did not go to work.

Similarly, with the situation when an employee was declared dead by a decision of a judicial authority. The date of death in this case will coincide with the date of entry into force of the court decision, and the last working day will be the last day of his actual return to work.

The procedure for the actions of personnel officers

There is a fairly clear algorithm of actions in such situations, which can only vary slightly depending on the specific circumstances:

First of all, the personnel department employee needs to obtain an official document (or an appropriately certified copy) indicating the death of a person. In addition to the actual certificate of the established form, issued by the registry office, this may be a decision of the judicial authority to establish the fact of death or recognize a person as dead. It is the data from this document that will be used to justify the termination of the employment contract due to the circumstances provided for in paragraph 6 of the 1st part of the 83rd article of the Labor Code of the Russian Federation.
Further, the head of the organization in the relevant document orders the termination of the employment contract. The order must be dated on the day the personnel department receives a document confirming the death of an employee. The order is issued according to the unified form No. T-8, which was approved by the State Statistics Committee on April 5, 2004. In general, this is a standard document, with the exception of the absence of the employee's signature stating that he is familiar with the order.
The issued order must be properly registered in and orders.
Next, you need to make the necessary entry in the employee's work book. In accordance with clause 17 of the rules for maintaining and storing labor records, which were approved by a government decree (No. 255 of 04/16/2003), in the event of the occurrence of the circumstances provided for in part one of article 83 of the Labor Code of the Russian Federation, the necessary entry is made in the book with the obligatory indication of paragraph of this article, which served as the direct basis for the termination of labor relations. At the same time, the second column indicates the date of death in accordance with the data from the document confirming this fact.
An employee of the personnel department is obliged to make a copy of the labor for storage in the archive of the enterprise.
The work book must be issued to the relatives of the deceased. Relatives must present a document confirming kinship (marriage certificate, passport, birth certificate, etc.). An employee of the personnel department is obliged to make copies of these documents, certify them and file them with the personal file of the deceased. Also, at the request of relatives, the labor can be sent by registered mail with a mandatory list of attachments and a notice of receipt to the recipient. In this case, an entry is made in the accounting book, which contains the details of the receipt received at the post office.
It is necessary to carry out a full monetary settlement with the relatives of the deceased.

You can see the procedure for issuing this document in the 1C program in the following video:

Calculation and procedure for cash payments

This amount, as a rule, consists of two parts, although additional payments are possible in some cases:

Firstly, these are the funds that must be paid to the departing employee in the manner prescribed by law. This means monetary remuneration for work, taking into account all additional payments, bonuses, regional coefficients and other allowances.
In addition, it may be other payments provided for legislative acts or an employment contract.

All these amounts are paid exclusively to the close relatives of the deceased, and only in their absence, the calculation can be made with relatives of the second and subsequent stages. Here it is necessary to refer to the articles of the Family and Civil Code. It clearly states that this category includes spouse, children or parents of a citizen.

These persons must provide the accounting department of the enterprise where the deceased worked, documents confirming kinship and identification. In the event that several eligible relatives claim to receive money at once, it makes sense to refer to Article 1183 of the Civil Code. It states that payments similar to those under consideration should be received by family members who lived together with a citizen before his death, as well as disabled dependents, regardless of whether they lived together or not.

According to Art. 1114 of the Civil Code of the Russian Federation the right to receive these payments interested persons may be submitted within 4 months.

If this does not happen, then all amounts are included in the common inheritance, and the measures provided for by the relevant articles of the Civil Code are applied to them.

Another way to pay social benefit for burial. Any person who financially provides for the funeral of the deceased can apply for it. In order to receive the allowance, in addition to the application and death certificate, it is also necessary to provide any legally established payment document confirming the costs of the funeral rite. It is understood that this payment must be made on the day of application and submission of all necessary documents. At the same time, it is possible to apply for benefits only within six months from the date of death of the person.

In addition to the payments considered, the employer can provide material assistance to the relatives of the deceased employee.

Such payments may be collective agreement or other company regulations.

Finally, if certain deductions were made from the monetary reward of the deceased in accordance with the court decision in favor of third parties or the state (penalties in criminal cases, payment for claims, alimony, etc.), then in this case the employee personnel service is obliged to notify the bailiff in writing of the termination of the employment contract of the employee-debtor.

Sometimes the dismissal of employees may be carried out for reasons beyond the control of the parties. Such a need may arise as a result of the death of an employee. The process of termination of employment relations in this case cannot be carried out according to the standard scheme. The employer must figure out in advance what will happen in connection with the death of the employee.

Labor Code of the Russian Federation

Relations between employees and organizations are carried out in accordance with the provisions of the Labor Code of the Russian Federation. In accordance with Article 83 of the above legal act, termination of an employment contract may be carried out in connection with the death of an employee. Article 84.1 states that an appropriate order must be issued. At the same time, there is no need for any of the relatives to get acquainted with him.

What date is the order issued?

In order for the dismissal to be carried out in connection with the death of an employee, it is mandatory to have documentary evidence of the fact of death. The paper is drawn up and provided by authorized government agency. Having received the news from the words of other citizens, you should not immediately issue an order. It is mandatory to request a death certificate. On its basis, an order is subsequently issued. If the process of dismissal due to the death of an employee was carried out without a document, this will be considered a violation.

Note

The date of termination is the date of death of the employee. It is necessary to issue an order at the time of receipt of a confirming certificate in hand. If the event fell on a holiday or weekend, this does not cancel the need to issue an order. If we set the time of dismissal as the moment of providing the certificate, it turns out that the employee continued to carry out labor activities after death.

A similar procedure for dismissal is carried out in a situation if a person is recognized as dead. Such a decision is made in judicial order in relation to an untimely absent citizen and disappeared people in conditions that threaten their lives.

sample order

Having received supporting documents, the personnel officer is obliged to draw up an order. It is filled in the form t-8. The organization has the right to use its own document form. However, it must contain all the necessary data. Filling out the paper does not differ from the order issued in case of dismissal of an employee of his own free will. The difference will be only in the dates of the dismissal of the employee and the issuance of the order.

Attention

As a basis for terminating an employment contract, point 6 of part 1 of article 83 of the Labor Code of the Russian Federation must be indicated. The order must be issued after the relatives provide documentation confirming the fact of death. The application process is changing. Not all fields are filled. The line confirming the fact that the employee has familiarized himself with the order remains empty. It is not necessary to ask relatives to sign a paper for the employee.

The completed form is submitted to the director for signature. After putting down the appropriate details, the paper must be registered in the book of orders at the enterprise.

When developing an order for the first time, you may encounter difficulties. It must contain the required information. Their absence will be the reason for declaring the paper invalid. To avoid mistakes, it is recommended to use a ready-made sample. Download the order form.

Required documents

The list of documentation required for the dismissal of an employee due to death is very different from the standard. So, the procedure is performed on the basis of a death certificate. It must be provided by the relatives of the deceased. An alternative may be a court decision, on the basis of which a person is recognized as missing. The last document is provided if the person has not appeared at the place of registration for 5 years or more. If there are grounds for considering a person dead, the period is reduced to 6 months.

IMPORTANT

Based on the received papers, an order is issued. Compiling it, you need to be guided by the classical rules. The only difference will be in the absence of the dismissed person's signature. Employees do not need to ask any of the relatives to put it on.

Step-by-step instructions for dismissal due to the death of an employee

If an employee of the organization has died, the dismissal process is carried out in accordance with standard scheme.It looks like this:

Relatives report the incident and provide supporting documentation. Representatives of the company must copy it and draw up an appropriate order.
The HR specialist prepares the order. It records the personal data of the employee. You can specify the personnel number of the specialist. Additionally, you must specify the reason for the dismissal. A copy of the document confirming the death of the specialist must be attached to the order.
Fill out notice of resignation. It should clearly contain the number when cooperation with a specialist was terminated. The number must match the date of death. The rule applies even if the death certificate was provided on a different date. This is true when a person was listed as absent from the organization. Additionally, you must specify the name of the paper serving as the basis for dismissal. The line, which is supposed to confirm familiarization with the order, remains blank.
The order is transferred to the head of the enterprise. It has a wet seal. The paper is then registered in a journal.
Calculation certificate is being issued. It must be completed by two specialists. One of them is an employee of the personnel department, who must indicate the details of the organization, information about the holidays used, the personal data of the specialist and the time actually worked. The information is required to perform accounting calculations. The second part of the certificate is filled out by an accountant. The specialist calculates the due payments based on the data provided by the personnel department.
A personal card of a citizen is being issued. To close it, you must make a record of dismissal. Additional data is not required.
An entry is made in the work book. The law obliges the head of the organization to register the fact of termination of the employment contract and the basis for the decision. All entries must be certified by the employer or other responsible person. Additionally, the seal of the organization is affixed. The column intended for the signature of the employee is not filled.

Note

Additionally, you need to make an entry in the ledger. When the documentation is completed, the work book is provided to the relatives of the deceased.

date of dismissal

The date of termination of employment is considered the moment of death of the deceased employee. It contains a certificate confirming the fact of death. The date does not need to be changed in the following situations:

the citizen was on sick leave;
the specialist was on vacation;
the employee was on a business trip;
the day fell on a holiday or weekend.

Attention

The completed book must be given to the relatives of the employee. Usually the document is received by close relatives of a person:

spouses;
parents;
children.

IMPORTANT

Do not leave your employment history with your employer. The document must be picked up. It guarantees the fact that the organization has no financial claims against the former specialist. Based on the document, relatives will be able to receive part of the accumulated pension. Therefore, a work book must be requested from the organization.

In order for the company to agree to issue documentation, relatives must provide:

application (filled in in writing);
documents confirming the death of an employee;
applicant's identity card;
a document confirming kinship with the deceased citizen.

The HR specialist is obliged not only to look at the papers, but also to make photocopies of them, attaching them to the employee's personal file. Before you provide documents in your hands, you will need to make an entry in the book of accounting for the movement of labor books. It is indicated in the column “Receipt of the employee in obtaining a work book”. The data of the person to whom the document was provided is entered here. The fact of receiving a work book is confirmed by a signature.

Additional Information

If relatives live in another city and cannot pick up the work book in person, you will need to send a request to the address of the organization. Authorized experts will review it. If the request and the attached papers are correct, the document will be sent by mail. Instead of a signature in the accounting book, you will need to put down the data rewritten from the postal receipt.

If no one came for the work book, the manager is obliged to keep the document for 50 years. The HR specialist must send a letter to the address indicated in the personal file. The message must notify relatives that they may request that the document be sent to this address.

If several relatives want to pick up the work book at once, the document must be provided to the citizen who first applied to the organization.

Employee death benefits

All compensation for the employee is entitled to receive his relatives. The employer is obliged to make a calculation within a week from the date of receipt of the required package of documents. The organization is obliged to provide relatives with:

wages;
compensation for vacation if it was not used;
temporary disability allowance;
allowances;
premiums;
extra pay for working hours.

Note

The basis for the provision of funds is a written application. It must be supplemented with a death certificate, a document proving the identity of a relative and a paper confirming kinship.

Taxes on the death of an employee

If an employee dies, the process of registering this fact in accordance with applicable law does not end with dismissal. The employer must pay the tax. It is charged from wages employee. Its size is 13%. However, the deduction is not taken from the burial allowance, which is reimbursed by the FSS company.

Nuances

When dismissing a deceased employee, the employer must remember a number of nuances. So, relatives do not always immediately contact the organization in which the person worked. An employer who has not received information in a timely manner will set standard absenteeism. This allows him in the classical situation to execute the dismissal. However, in the case of death, such a decision would be a violation of the rights of the employee. Therefore, experts advise finding out the reasons for the absence of an employee, and then taking any action in relation to him.

It is not uncommon for cases when an employment contract is terminated for reasons beyond the control of the parties, including the death of an employee. The officially recognized fact of the death of a person obliges the employer to carry out the dismissal procedure. A sample order for the dismissal of an employee due to death should be developed at each enterprise, especially with a large number of employees. The use of a pre-prepared document significantly reduces the time spent on the procedure for terminating an employment contract.

Dismissal procedure

The procedure for termination of the employment contract can only begin after the employer has received written confirmation of the death of the employee. To do this, the family of the deceased must provide:

death certificate;
a court decision by which a person is recognized as dead or missing;
medical certificate confirming the fact of death of a person.

It is important to know! Oral notification by relatives of the employer about the death of a person is not a basis for issuing an order and terminating an employment contract. In such a situation, the employer may be held liable for violating the rights of the employee.

When dismissing a deceased employee, the director of the organization is obliged to fully comply with the procedure for terminating the employment contract:

relatives provide evidence of a person's death to the organization;
the head issues an order to terminate the contract;
an entry is made on the T-2 card;
data is entered into the labor;
a note-calculation is filled out;
the relatives of the deceased are given money and documents.

It is important to know! If the employee has no relatives, then the employer can independently apply to the registry office to obtain a death certificate or apply to the court to recognize the person as missing.

Rules for issuing an order

When issuing an order to terminate an employment contract, form T-8 can be used. Until 2013, it was mandatory. At the moment, organizations can develop their own form or use the old form. The document must contain the following information:

about the details of the organization - the exact name, written in full and / or abbreviated form, OKPO code;
on the date of issue of the document - the day when the employer was provided with documents confirming the death of the employee;
about the document number - at the legislative level, there are no requirements for document numbering. An organization may assign documents in accordance with the procedure established in its normative documents. In addition, combinations of numbers, letters, symbols and signs are allowed. The main requirement is the absence of two identical numbers documents in one reporting period;
on the date and number of the employment contract previously signed between the parties;
date of actual termination labor agreement- the date must coincide with the day of death of the person indicated in the certificate. If a citizen is declared dead by a court decision, then the date when it entered into force is indicated;
about the deceased employee - the full name, personnel number assigned during employment, units and the position previously held by the person are indicated;
on the grounds for termination of the contract - the employer is obliged to indicate the reason indicated in the Labor Code of Russia. In this situation, the dismissal is carried out in accordance with paragraph 6 of article 83 of the Labor Code of the Russian Federation. The entry must be made without abbreviations, abbreviations;
about the document on the basis of which the dismissal is carried out - the data of the paper is indicated, which confirms the fact of the death of the employee - a death certificate or a court decision.
At the end of the order, the head of the organization must indicate his position, as well as sign with a transcript.

It is important to know! The column for the signature of the employee remains blank. Asking the relatives of the deceased employee to sign the document is not required.

Date of issue of the document

The order is issued on the day when the employer was provided with a document confirming the death of a person. In this case, the date of dismissal can be specified:

the day indicated in the certificate issued by the registry office;
the day specified in the decision issued by the court;
the day on which a decision rendered by a court becomes legally effective, provided that it does not indicate the exact date of the person's death. In this situation, the documents become legal force a month after the trial. This period is necessary for the appeal.

It is worth considering that the date of issue of the order does not always coincide with the date of death. This is due to the fact that not all relatives inform the employer in a timely manner.

Basic Mistakes

When terminating an employment contract with a deceased employee, the employer may make a number of mistakes that will subsequently negatively affect his activities. Among the most common mistakes it is worth highlighting:

dismissal of an employee without the relevant documents or upon verbal notice from relatives;
erroneous date stamping in the order. It is not allowed to indicate the last working day of the employee as the day of dismissal. This is due to the fact that on that day the employee was still alive and dismissal under Art. 83 of the Labor Code of the Russian Federation will be unlawful;
use of the word "dismiss". This wording will be considered erroneous, since you can dismiss an employee who is alive. Upon the death of a citizen, the termination of the contract, which was concluded during his lifetime, is carried out.

It is important to know! If, after some time, a person who is presumed dead by court order appears and disputes this document, then the employer is obliged to fully reinstate him in his position.

Dismissal due to the death of an employee is quite common, especially in enterprises with a large staff. In such a situation, the employer is obliged to comply with all the norms prescribed in the current legislation.

Reading 9 min. Views 10 Published on 11.11.2018

As a rule, the reason for termination of the employment contract is the decision of one of the parties to these legal relations. However, there are situations in which the cause of dismissal is tragic circumstances. One such reason is the death of a worker. Registration of such a procedure is carried out according to a certain regulation. In this article, we propose to discuss the issue of how to fire a deceased employee.

The procedure for dismissal in connection with the death of an employee is provided for by the current labor legislation of the Russian Federation

Dismissal due to the death of an employee: legislative framework

The procedure for carrying out these activities is given in labor law. When drawing up documents, the company's management must adhere to the rules set forth in the eighty-third article of this document. The process itself depends on the circumstances of the death of the worker. If a worker dies at home or in a hospital, the administration of the company where this person previously worked must obtain from relatives a copy of the document confirming the fact of death. This document is the basis for terminating the contract with the deceased employee.

In the event of an employee's death in the course of performing their professional duties, a special investigation is carried out. Employees law enforcement must confirm that the company administration is not involved in the death of the employee. Otherwise, regarding officials a criminal case may be opened. One of the most difficult cases in this practice is the death of a worker who is on a business trip. The task of law enforcement agencies is to establish the cause of death and identify all the circumstances surrounding the death. Depending on the results of these measures, a decision is made on the need to pay financial compensation to the relatives of the deceased.

The dismissal of an employee due to death is a standard procedure, the procedure for which is regulated by applicable regulations.

It is possible to draw up an order for the dismissal of a deceased employee only if there are documents confirming this fact. Such documents can be used:

A copy of the decision of the judicial authorities, which states that the employee has been assigned the status of a missing person.
A copy of the decision of the judicial authorities confirming the fact of the death of a citizen.
Extract from the registry office, indicating the death of the worker.

It is important to note that the employer does not have the right to dismiss those employees whose death is confirmed only by the words of close relatives or law enforcement officers. A certificate issued by a medical institution also cannot be used as a basis for terminating an employment contract. You can obtain documents confirming the death of an employee from his family. In the absence of relatives, the company's management can independently send an official request to the registry office.

As noted above, the decision of the judiciary to declare a person dead can also be used as a basis for dismissal. This body makes a similar decision in the case when the relatives of an employee file a complaint with the police that they do not know anything about the fate of a person for more than one year. Also this decision can be accepted if there is no information at the place of registration of a citizen for a period of more than five years. It is important to note that this decision of the judicial authority can be appealed only within thirty days after its publication.

According to the current law, the employer cannot use any documents other than the above acts as a basis for dismissal. However, the employer is given the opportunity to temporarily replace the post previously held by the deceased with another employee. After receiving documents confirming the death of the worker, the administration of the company can initiate the dismissal procedure.

The fact that the employee has died must be officially confirmed

How to get laid off

In a standard situation, the dismissal procedure begins from the moment an application is received from the employee. The dismissal of an employee due to death is somewhat different from the usual scheme. It is the absence of an application received from the worker that explains the need for official documents confirming the death of the worker. Many employers experience difficulties with the preparation of documents. One of these difficulties is the indication of the date of dismissal. The current norms of the law say that the last day labor activity the date preceding the death of the worker is considered.

It is possible to prepare an order to dismiss an employee only after the administration receives all supporting documents. It is important to note that the day of death and the day of issuance of the executive order may differ from each other. This fact is explained by the fact that relatives can transfer a death certificate a few days after receiving this act. It is mandatory to attach to the issued order the documents used as the basis for terminating the contract. The administrative act must be registered in the appropriate journal. After these events, the work book of the deceased is filled in, and the accounting department employees make all the necessary calculations.

Supporting documents

Dismissal in connection with death is possible only if the necessary documents are presented to the employer. Relatives of the worker must submit the following papers to the company administration:

Original copy of death certificate with photocopy attached.
Judicial decision.
If the death occurred at work, documents confirming the accident are required.
In case of death due to illness, a sick leave certificate must be attached to the above acts.

Relatives of the deceased have the right to receive financial compensation or material assistance. For this purpose it is necessary to make an appropriate application. Documents of the person in whose name the payments will be made, as well as forms confirming the amount of expenses for the burial of the worker, should be attached to the application.

What date to put

As we noted above, this issue is one of the most important. The order to dismiss the deceased employee indicates the date of receipt of the document confirming the death of the worker. In the order itself, a reference is made to the eighty-third article Labor Code. This document states that the day of dismissal is the date when the employee passed away.

Making an order

The dismissal order due to the death of an employee, a sample of which is given in this article, is drawn up in accordance with a unified form under the number "T-8". The only difference in this document is the absence of the phrase "dismissal". Many lawyers recommend that entrepreneurs use the wording "termination labor relations”, indicating the death of the employee as the basis.

The standard form contains a field where the employee must leave his signature, confirming the fact that he has read the contents of the form. In this case, this field is left blank. It is important to note that the relatives of the deceased cannot put their signature on this document.

Entry in the workbook

Employees of the personnel service responsible for the design of the work book must adhere to the relevant rules. The first column indicates the date the employee was accepted into the position, and the second column indicates the day the worker died. In the third column, an entry is made about the termination of the contract. Record in the labor: "dismissal by death" is incorrect . In this case, you must use the same wording as in the order. The fourth column contains a reference to the order in the form of a mark with the ordinal number of the administrative act. The completed work book must be endorsed by the signature of the general director and stamped with a seal.

It is possible to issue a work book to the relatives of a worker only if there are documents confirming the existence of a family relationship. In the journal where the document flow of personnel is recorded, it is necessary to make an appropriate mark. The person receiving the documents of the deceased employee is obliged to put his signature in this journal. If the relatives of the deceased are in no hurry to pick up the documents, the employer needs to transfer all the acts to the internal archive.

Personal card of the deceased employee

The employee's personal card is filled in according to the T-2 form. This form was approved by the State Statistics Committee Russian Federation the fifth of January two thousand and four. An entry is made in this document that duplicates entries from the employee's work book.

It is necessary to record the fact of dismissal in the work book

Due payments to the relatives of the deceased (from the employer)

The order issued by the company's management is the basis for accruing all payments due to the "dismissed" employee. The management of the company is obliged to transfer the money to the relatives of the deceased within four months from the date of death. In the event that for a given time period the relatives of the deceased did not apply for money, all due payments are added to the inheritance. An employer can leave money inside the company only if there is no inheritance.

Only close relatives of the worker can receive funds. The legal spouses and children of the employee have this right. In the event that several people apply for a payment, the funds are transferred to the person who applied first. In the event of conflicts, all contentious issues resolved through the courts. Let's look at what payments the relatives of the deceased can receive:

Wage. AT billing period the period starting from the moment of the last payment and ending with the last day of employment (one day before death) is included. When making calculations, the amount of hours worked is taken into account. In addition to the salary itself, bonus payments and additional allowances.
Payments for unused vacation. This compensation is calculated in accordance with applicable regulations. In the event that the employee took leave "in advance", the employer does not have the right to deduct funds from other types of payments.
Bulletin. In the event of the death of an employee due to illness, the last day of sick leave is the day of death of the worker. It is important to note that when calculating the amount of the payment, the date of death itself is not taken into account.
Compensation. These payments are made only when relatives provide documents confirming the cost of burial. In the year two thousand and eighteen, the amount of this payment is 5,740.24 rubles.

Payments according to the law: insurance premiums, personal income tax

Dismissal upon the death of an employee is not a basis for refusing to issue funds to the relatives of the deceased. The two hundred and seventeenth article of the Tax Code states that these payments are not subject to insurance premiums and tax payments. This means that the relatives of the deceased must receive the full amount.

As with dismissal for any other reason, upon dismissal due to the death of an employee, an appropriate order is issued

The same rules apply to financial assistance given to the relatives of the deceased. The only exception is when the family members did not live with the person. In this case, personal income tax is withheld from the accrued amount.