Dismissal of a deceased employee order. Entry in the work book in connection with the death of an employee: all the rules

All people are mortal, and, unfortunately, some do not live to retirement age. If an employed person dies, in addition to grief for relatives and colleagues, this gives rise to a logical question of his employer: “how to dismiss an employee in connection with death?” Let's try to figure it out.

The procedure for dismissal in connection with the death of an employee is provided for by the current labor legislation of the Russian Federation. In particular, about this in question in Part 1 of Article 83 of the Labor Code of the Russian Federation. If a person was employed and died, it is natural that he should be fired. But how exactly to do this? What documents are required and what are the deadlines?

Documents for dismissal

The fact that the employee has died must be officially confirmed. Therefore, the employer can begin the dismissal procedure as soon as one of the papers is at his disposal:

death certificate;
a judicial act on the recognition of a citizen as dead.

These papers can be brought to the organization by the relatives of the deceased, or the management can get them on their own if the employee was lonely. After that, it is necessary to issue an order for dismissal due to death. (Article 84.1 of the Labor Code of the Russian Federation). To do this, you can use the unified form T-8, approved by the Decree of the State Statistics Committee of Russia dated 01/05/2004 No. 1, or develop this document yourself. The dismissal order will look like this:

The order must be issued immediately, on the same day when it became known that the employee had died, and the relevant papers were provided. The date of dismissal due to the death of an employee is the day of death indicated in the relevant document. In this case, no one needs to be acquainted with the order, since the person whom it directly concerns is no longer there.

Employment history

So stop employment contract in connection with the death of the employee took place. Now it is necessary to resolve issues with the documents and wages of the deceased. After all, he still had a work book, a medical book and other papers.

IN work book it is necessary to record the fact of dismissal. To do this, in the column "Information on employment, transfer to another permanent job, qualifications, dismissal" the following entry is made:

The employment contract was terminated due to the death of the employee, clause 6 of part 1 of article 83 of the Labor Code of the Russian Federation.

The date is set similar to the date from the order, the record is certified by a personnel specialist or the head of the organization with a transcript of the signature. The seal should only be affixed if the organization uses it. After all the entries are made, the work book can be given to the relatives of the deceased upon their written request (see paragraph 37 of the Rules approved by Government Decree No. 225 of April 16, 2003). In this case, you need to check the passport and the degree of relationship (marriage or birth certificate). On receipt of all papers in hand, a receipt is drawn up in any form. If none of the relatives applied for this, the employer is obliged to keep them for the period established by law - 75 years.

Calculation: salary, compensation and assistance

As for wages, vacation pay and other payments, they should be paid to close relatives: spouse, children, parents (Article 141 of the Labor Code of the Russian Federation). Dependents of the deceased at the time of death, such as those under their care, are also eligible to receive this money. The salary can be received within 4 months from the date of death of the employee, as defined in article 1183 of the Civil Code of the Russian Federation. This means that relatives of the employee must have time to contact the employer within this period. From the moment of such an appeal, it is necessary to issue the entire amount in hand within a week. To receive you will need:

statement;
applicant's passport;
document of kinship (certificate of marriage, birth or adoption).

In addition, financial assistance may be due to relatives. This must be provided for by the terms of the employment or collective agreement. Also, the employer can issue such a payment with its internal act. In some cases, at the place of work of the deceased, you can also receive a social benefit for burial, which is paid at the expense of the FSS.

In accordance with the norms of article 217 of the Tax Code of the Russian Federation, all money earned by a deceased person, after his dismissal, is not subject to personal income tax. Therefore, you need to pay the entire amount without deductions. Insurance premiums for such payments are also not charged.

Dismissal due to the death of an employee is a procedure that is not familiar to every personnel officer. If you still had to face such a situation before you get started, read our article.

From the article you will learn:

Dismissal due to the death of an employee

The death of an employee always comes as a surprise not only to his family, but also to the employer. It is necessary to terminate the employment relationship, and the personnel service has to solve this problem. How to act in such a situation? What documents to issue? What date will be the date of termination of the contract with the deceased employee? Who will receive a salary that the employee did not receive during his lifetime? Our article will help you not to get lost in a difficult situation.

How to terminate an employment contract in the event of the death of an employee, read in our material.

Download related documents:

What document will confirm the death of an employee

If an employee does not show up for work, try to find out the reason. An employee may be in the hospital, absenteeism without good reason, or missing. IN time sheet if the employee was absent for unexplained reasons, put down the absences.

You can recognize an employee as dead only if there is documentary evidence for this. Dismissal upon death of an employee may take place in the following situations:

the employee has passed away, which is confirmed by the death certificate issued by the registry office;

the court declared the employee dead or missing, and there is a court order about this.

Therefore, initially request a death certificate from relatives, employee representatives or in court in order to issue an order for termination of an employment contract. Note that in practice, often the organization does not need to request a document on its own. The relative of the deceased employee, as a rule, themselves are provided with all the necessary data.

But, if the relatives did not submit the document in a timely manner, contact them with a request for documentary confirmation of the fact of death.

In practice, the question often arises: which article regulates the issue layoffs due to the death of an employee. We explain that this ground for terminating an employment contract is recognized as caused by reasons beyond the control of the parties. And such a dismissal is carried out on the basis of paragraph 6 of the first part of Article 83 of the Labor Code of the Russian Federation.

The procedure for documenting dismissal due to death with samples of the documents required to be filled out is described in detail in our .

Preparation of documents upon dismissal due to the death of an employee

So, if you are faced with the need to terminate the employment contract due to the death of an employee, you must proceed as follows.

as we said above, it is necessary to obtain a death certificate from the relatives of the employee. And on the basis of these documents, proceed to documenting.

arrange everything Required documents.

Here we will directly consider the question of what list of documents needs to be drawn up and what are the basic rules for filling them out.

We note right away that upon dismissal due to the death of an employee, it will be necessary to draw up a standard set of documents. This:

Now let's look at the design features of each of the listed documents.

Order to terminate the employment contract due to death

When a dismissal occurs due to death, the date is important layoffs. Here it must be said that the date of dismissal will always be recognized as the day of death of the employee. You will get this information from the submitted death certificate.

It is quite obvious that a dismissal order cannot be issued directly on the day of death. The employer learns about the fact of the death of an employee with a certain delay. Therefore, in this situation, the date of issue of the order will actually be later than the date dismissal (date of death of the employee).

Pay attention! The order to terminate the employment contract must be issued on the day when it became known about the death of the employee, that is, you have a document confirming this fact.

Therefore, once again, we draw your attention to the fact that in this situation, the date of dismissal indicated in the order will be earlier than the date of issue of the order. Also, keep in mind that even If the death of the employee took place on a day off, it is the actual date reflected in the certificate that will be the day termination of an employment contract.

Example

The organization worked as a cashier-operator. The employee died in hospital on September 12, 2017 as a result of a traffic accident. The employee's relatives were only able to submit the death certificate to the employer on September 20, 2017. In such circumstances, the day of termination of the employment contract will be September 12, 2017, and the corresponding order must be issued on September 20, 2017.

But in the case of death, everything is not always clear. For example, a situation is possible when an employee is declared dead on the basis of a court decision. Most often, in this case, the date of death is determined directly in the court decision. However, this is not a mandatory rule. The court may not determine the date of death. The question arises: what date will the termination of the employment contract take place?

In this situation, it is necessary to formalize the dismissal on the day when the court decision on establishing the fact of the death of the employee enters into force. This conclusion follows from paragraph 3 of Article 45 of the Civil Code of the Russian Federation.

To whom to pay the wages of a deceased employee

Most often, on the day of death of an employee, the organization has cash that were not received by the deceased worker as wages. And the employer has a question about how to deal with this money.

For this case Labor Code RF contains a special Noma.

Payroll:

Article 141 of the Labor Code stipulates that the employer must pay wages not received by the employee to family members and dependents living with him.

We also consider it necessary to pay attention to the following point. In addition to the amount of lost wages, the employer must give the employee's relatives:

temporary disability allowance. This allowance is paid if the employee was ill before his death and did not have time to receive the sick allowance due to him.

Note that the family members of an employee include spouse, parents and children. This rule is defined by Article 2 of the Family Code of the Russian Federation. Moreover, only the person who was an employee in a registered marriage is a spouse (Article 10 of the Family Code). In other words, the common-law spouse does not have the status of the employee's legal spouse.

In order to make the necessary payments to relatives, the employer must receive from them the following documents:

death certificate of the employee;
a statement written by a relative about the payment of amounts due to the employee;
passport or other document that certifies the identity of a family member;
a document that confirms the fact of kinship with the employee;
an extract from the house book, which confirms the fact of cohabitation with the employee.

After you receive all the necessary documents from a family member of the deceased employee, the accrued funds must be issued within a week. This is established by article 141 of the Labor Code.

We do not recommend transferring these funds to the employee's bank card after his death. The fact is that labor legislation directly establishes the procedure for the actions of the employer - the funds must be paid to the family members of the employee. And if you transfer funds to an employee's bank card, a dispute may arise with family members.

Issuance of a work book of a deceased employee

The work book of the employee must also be issued to his relatives. A person who applied for a work book of a deceased employee with a written application must confirm family relations with him. The work book can be handed out or sent by mail. If you issue a work permit, the relative must sign in the book of accounting for the movement of work books and indicate the date the document was received.

If work book the deceased employee, at the written request of a relative, was sent by mail, make notes in the work book movement book based on the postal receipt. Employment books and their duplicates, which were not received in the event of the death of an employee by his immediate family, are kept until demand by the employer.

the fact of obtaining documents related to the work of the deceased.

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.

For your information

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 term of dismissal as the moment of providing the certificate, it turns out that the employee continued to carry out labor activity after death.

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

sample order

Having received supporting documents, the employee personnel service must make 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

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 to 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.

For your information

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 deducted from the employee's salary. 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 similar decision would be a violation of employee rights. Therefore, experts advise finding out the reasons for the absence of an employee, and then taking any action in relation to him.

The death of an employee is grounds for termination of employment. This event entails the need to draw up an order in the appropriate form, as well as the payment of monetary compensation to relatives. There are many nuances associated with both paperwork and cash payments.

Today, labor legislation provides for almost all situations that arise in the interaction of an organization and a hired employee. Including cases of dismissal, as well as situations in which this is necessary, are covered in sufficient detail. The Labor Code does not bypass the fact of the death of an employee. At this point, there are fairly clear instructions. They provide for payments, as well as the execution of all kinds of documents.

The considered reason for dismissal gives rise to many questions regarding the receipt of the balance on wages and other payments. These situations are also resolved based on the current legislation.

Dismissal due to the death of an employee: instructions

The death of an employee entails his dismissal. Which obliges the employer to fully comply with the relevant procedure.

This applies not only to the payment of the remaining funds, but also to the execution of all kinds of documents.

Despite the fact that the employee will no longer need a work book, an appropriate entry must be made in it. An appropriate order must be formed without fail.

Supporting documents

Only two documents can serve as a basis for dismissal.

They are:

death certificate from the registry office;
a court order declaring a person dead.

The death certificate must contain:

patronymic, first name and last name in full;
place of birth and residence;
nationality;
citizenship;
place of death and its exact date;
cause of death (the basis for confirming this item is the decision of the physician);
number and other details of the document, which is a legal confirmation of death;
full legal address, as well as details of the body that decided the death of a citizen;
number and series of the certificate;
full patronymic, first and last name individual to whom this document was issued.

If there is a death certificate, the process of dismissal of an employee is documented very simply.

Some difficulties may arise if the documentary evidence of death is a court order.

Such a decision may be issued in the following cases:

there is a statement from interested parties (relatives or others) that during the year nothing was known about the whereabouts of the person (according to Article No. 42 of the Civil Code of the Russian Federation);
if at the place of permanent registration or residence there is no information about a person for more than 5 years, then he is declared dead by the court;
if a citizen goes missing in conditions that threaten his life, by a court decision, he can be declared dead after 6 calendar months (clause 1, article No. 45 of the Civil Code of the Russian Federation).

In the presence of any of the two documents that are legal confirmation of death, the employment contract terminates regardless of the will of the employer. The basis for this is clause 6, part 1, article No. 83 of the Labor Code of the Russian Federation.

It is possible to appeal against a court decision that ruled the death of an employee due to any circumstances only within one month.

After that, filing an appeal is not possible, the basis is Art. No. 321 of the Code of Civil Procedure of the Russian Federation.

Issuing an order

Drawing up an order for dismissal due to the death of an employee has many nuances. Since otherwise, various kinds of precedents may arise, which are the basis for litigation. The date of dismissal is especially important - in practice, most often personnel workers make mistakes here.

It is very important to remember that death is an actual act of civil status. The consequence of this is the mandatory state registration. The basis is paragraph 1 of article No. 47 and paragraph 2 of article No. 3, as well as the federal law No. 143-FZ. That is why the words of relatives, as well as information from the police, cannot serve as the basis for the formation of an order for dismissal due to death. A court order or certificate is required.

The dismissal order itself is drawn up according to special form No. T-8. It was approved by the State Statistics Committee on 05.01.04. The text of the order must indicate the reason for termination of the contract (due to death). At the same time, it is mandatory to refer to part 2 of article No. 83 of the Labor Code of the Russian Federation.

The line “The employee is familiar with the order” in the text does not require a signature. The deceased himself cannot confirm the acquaintance. The signature of another person is not required. The rest of the text of the dismissal order is standard.

The following information is required:

patronymic, first name and last name in full;
subdivision designation;
profession, rank;
grounds for termination of labor relations (the number of the document under which he is registered in a special register is indicated);
name of the document confirming the grounds for termination;
signature of the head of the organization.

The heading of the contract must contain information about the employer-organization - the full name. In addition, the document must have a number, the date of its compilation is indicated.

How to determine the date?

The date of termination of the employment relationship is the date of death of the deceased employee. It is indicated in the document provided at the place of work (death certificate or court decision). Moreover, this date is indicated even if it is impossible for him to go to work (on a day off or for other reasons).

But at the same time, it must be remembered that according to the current legislation (Article No. 84.1 of the Labor Code of the Russian Federation), the moment of termination of labor relations is the last day of visiting the workplace.

In this case, the exception is weekends - in fact, the employee did not fulfill his duties and did not go to work, but workplace has been saved.

In the date field of the order, it is necessary to indicate exactly the day when relatives or other persons provided a document at the place of work, which is a legal confirmation of the death of an employee.

Enrollment in labor

Despite the fact that the work book is no longer useful to the deceased employee, the employer must make an appropriate entry in it without fail. The rules for storage, as well as filling labor, were approved at the legislative level by government decree No. 225 of April 15, 2003.

According to clause 17, in the case when the contract is terminated for reasons beyond the control of the parties that entered into it, a corresponding entry is made in the work book.

Also, the mandatory presence of an appropriate entry in the work book is regulated by a special Instruction. It contains all the rules relating to this legally significant operation (clause 5.4). The instruction is binding. The basis for this is the decision of the Ministry of Labor of 10.03.03, No. 69.

It is necessary to fill in column No. 3 of the work book. It should contain all the available information specifically about the termination of the contract concluded with the employee earlier. In the column under consideration, there must also be a reference to clause 6 of part 1 of article No. 83 of the Labor Code of the Russian Federation. In column 2, you should indicate the date of death of the employee, indicated in the document provided by relatives. All of the above records are certified by the official seal of the organization. The deceased employee will not be able to confirm his acquaintance with the information entered in the work book. That is why the corresponding field can be left blank.

The parent's signature is not required.

After making all the necessary entries, the employer must hand over the labor to the relatives of the former employee. The basis for extradition is the provision of a document confirming direct relationship.

Such a document could be:

Marriage certificate;
birth certificate (required from children, grandchildren, parents, as well as brothers and sisters).

When the extradition is carried out, the relative is obliged to sign in a special work book. An entry is made in it containing information regarding the person who received the book, as well as the grounds for issuing it.

At the written request of a relative, the book can be sent by registered mail or mail. A description of the attachment is required. An entry is made in a special accounting book containing the details of the postal station. If for any reason the work book remains with the employer, he is obliged to keep it until required by the relatives of the deceased.

Payouts

After the death of an employee of the organization, his relatives must be paid the sums of money due to the deceased. Their number depends on several factors. The employer must pay within a week from the date of receipt of the mandatory package of documents.

Sum

The amount required to be paid to relatives or other persons consists of two main parts:

accruals due to the employee under an employment contract;
money to be paid in connection with death.

Employment contracts include:

wages;
allowances;
premiums;
holiday compensation;
extra pay for working hours;
temporary disability allowance.

The basis for the payment is a package of documents, including:

a written application for receipt of funds by a relative;
legally binding document confirming the employee's death (court order or certificate);
a document confirming the identity of the applicant;
a document that legally confirms the fact of kinship with the deceased employee.

If the identity card confirms the fact of kinship, then the last document in the list is not required.

Accounting and all kinds of calculations regarding the amounts paid for the deceased employee are compiled in a special note. Its format is approved at the legislative level by a resolution of the State Statistics Committee. It has the name T-61.

The amount of social compensation due for the funeral must be equal to the cost of funeral services. But the amount of the amount cannot exceed the amount established by law. By letter of the FSS No. 15-03-11 / 05-359, the maximum payment is 4,515.6 rubles. At the request of the employer, social assistance can be paid to relatives.

Recipients

The recipient of monetary compensation due to the deceased employee according to the employment contract can only be his immediate relative. Or a person who is dependent on the day of death, indicated in the relevant document. The basis for this is Article No. 141 of the Labor Code of the Russian Federation.

No other person is entitled to claim monetary compensation.

An employee's funeral allowance may be paid not only to his relatives or dependents, but also to any other person who pays for burial expenses. After the issuance of the corresponding amount, the person who received it is obliged to sign the payroll. This statement contains information about the position held by the deceased employee and his personal personnel number.

The process of dismissal due to the death of an employee has a very large number of very different nuances. That is why the personnel worker and the head of the enterprise need to carefully read the legislation covering this moment labor relations. Otherwise, there may be legal incidents leading to unpleasant consequences.

"Man proposes, but God disposes"
Folk wisdom.

Unfortunately, a person's life is not endless and there are situations when a person's death occurs. This is a huge grief in the family, and it is also a great difficulty for the management of the deceased employee, as they have to legitimately and justifiably fire a deceased employee. What you need to know the personnel service for the correct execution of documents for. The correctness and clarity of paperwork is not just a matter of morality and morality, but also a requirement of the Labor Code of the Russian Federation.

Dismissing a deceased employee - step by step instructions

The death of an employee is one of the legitimate requirements for the dismissal of a subordinate. Often, after the incident, relatives are so puzzled by their grief that they forget to notify the management of the enterprise where the deceased worked about the mournful event. But despite this fact, it is the date that is written in the death certificate that the personnel department must dismiss the deceased employee. Dismissing an employee due to death is a rather delicate issue, since all the formalities of this procedure must be observed, taking into account all the nuances.

Dismissal of a deceased employee: grounds

The circumstances under which the death of a person occurred are varied, but in all cases, the death is mandatory recorded by the medical services, which issue a death certificate. On the basis of the conclusion, relatives receive a death certificate of the deceased. This paper is the official basis for the burial of a person, as well as dismissal from the place of work, if the person was employed. The death of an employee can occur both during working and non-working hours or while on a business trip. If death occurs at the workplace, in this case, the employer is obliged to conduct an internal investigation and establish the true cause of death of his subordinate. If death occurs during non-working hours, then the employer does not bear any responsibility before the law, with the exception of only compliance with all norms in accordance with the Labor Code of the Russian Federation. As for death on a business trip, this is a rather complicated process for an employer. Since death could occur at the time of the performance of their official duties, as well as in their free time from work. In this situation, a thorough investigation of the death case is carried out and the involvement of the leadership in this fact is established.

An employee's dismissal due to death

It is worth noting that only after receiving the death certificate of the employee, the personnel service specialist can start the procedure dismissal of an employee due to death. Two documents can serve as grounds for dismissal in a mournful version:

Death certificate issued by the registry office;
A court order declaring a person dead.

A relative, when processing death documents, should control each filling point in order to avoid mistakes. Mistakes can be made in important columns, which entails unpleasant consequences:

Name of the deceased. If a mistake is made in this paragraph, then this indicates that the document was issued to another person;
The place of birth is also indicated correctly;
Citizenship. There are people who did not have a mark of citizenship, then it is imperative to report it orally;
Exact date of death and place of occurrence;
Medical opinion;
Number and details of the official paper confirming the death;
Full details of the body that recorded the death;
Full name of the citizen to whom the official document was issued.

If a mistake is made in at least one column, then such a certificate is not a subject and must be redone. After receiving an official paper confirming the death of an employee, a personnel specialist draws up an order for dismissal of a deceased employee indicating the reason.

Some difficulties can arise when there is a court order confirming the death of a person:

Inherent statements from relatives and friends that during the period of the calendar year there is no information about the whereabouts of the person of interest;
If by permanent place registration of the object of interest there is no information about its location for five years, then in this option, by a court decision, the person is recognized as deceased;
In the event of the disappearance of a person due to a threat to life, the court recognizes him as dead after six months from the moment of the incident.

The employment contract is terminated at the time of death, regardless of holidays and weekends.

The order itself, a specialist in the personnel service, forms in accordance with the established form by the State Statistics Committee No. T-8. In the column for the reason for dismissal, a death mark is placed with a reference to part 2 of article No. 83 of the Labor Code of the Russian Federation. The order contains the phrase: "Familiarized with the order", but the signature of the employee is not put, since he himself cannot put it on known reasons, and the signature of another person is not valid. So, what should be indicated in the order for dismissal of an employee due to death:

Full personal data (full name);
The profession of the deceased;
Reasons for dismissal (the number of the official paper under which the deceased is registered in a special register is prescribed;
The name of the document that serves as a motive for dismissal;
Signature of the first head of the institution.

The document must be drawn up on the official letterhead of the enterprise, if there is none, then the order must contain all the legal details of the organization. In addition to everything, the order is assigned a number and the date of compilation is affixed.

Sample letter of resignation due to death

Termination of an employment contract due to the death of an employee

After drawing up and signing the order, it is necessary to make an entry in the work book of the deceased. The Labor Code of the Russian Federation provides for a mandatory entry in the work book when an employee is hired, as well as the number and reason for his dismissal. In order to, it is necessary to make an entry in the work book on the basis of Article 1 of Part 6 of the Labor Code of the Russian Federation. Date of termination due to death is written in the work book in the second column, it is also the date of dismissal. The entry in the work book is certified by the seal of the institution and, in some cases, the signature of the head. After issuing an order and filling out a work book, it is issued to one of the relatives of the deceased. Priority for the issuance of official paper is the closest relatives of the deceased, upon presentation of a passport or other identification document. Copies of the submitted documents remain in the personnel service and are attached to the personal file. The relative who took the work book is obliged to sign on its receipt, as well as to indicate the date of receipt of the document. There are cases when relatives cannot come for a document, in which case it is sent by registered mail. If the work book was not taken by any of available ways receipt, then in this variant it is stored at the enterprise on demand by relatives.

Record in the employment letter about dismissal due to death:

Sample receipt for receipt of the work book of the deceased:

Payments in connection with the death of an employee

With the onset of the death of an employee, the company undertakes to make payments to the relatives of the deceased. They are paid within 4 months from the date of death of a person. If during the specified period of time the relatives of the deceased did not apply to the enterprise where the deceased was employed, then the entire amount of deductions will be added to the inheritance. If there is no inheritance, the accrued payments remain in the organization.

issued to relatives dependent on the deceased. If there are several, then the payments are received by the first applied relative. In case of disputes, it is proposed to divide the amount equally or go to court to defend interests. The firm is obliged to pay the full amount to relatives within a week period after their request. Payments in connection with the death of an employee the same are accrued as in the standard dismissal of an employee:

Average monthly income;
sick leave;
Statutory salary increments;
accrued premiums;
Compensation for unused vacation.

With the exception of all mandatory payments, at the discretion of the company's management, relatives can be assigned burial compensation.

The procedure for calculating legal payments is indicated in the table.

No. p / p	Name of deductions	The procedure for calculating payments	Payment specifics
1	Salary	Salary is calculated from the date of the accident. On the basis of the time sheet, the hours worked are calculated and the corresponding salary is calculated, taking into account allowances and bonuses.	The day of death is not payable.
2	Compensation for unused vacation	These accruals are carried out in accordance with the Labor Code of the Russian Federation. In case of death during the vacation period provided in advance, the funds are not refundable.
3	sick leave	In the event of death while an employee is on sick leave, the medical sheet will close on the day the person dies.	Day of death not payable
4	Funeral Compensation	This type of payment is accrued to relatives on the basis of the provided receipts and checks received in the ritual service. This payment is made to any person who provides such receipts.	The compensation payment cannot exceed 4,515.6 rubles.

The basis for calculating payments to the relatives of the deceased is:

Application for legal payments;
Death certificate or court order declaring the employee dead;
Applicant's passport;
Official paper confirming family ties the applicant with the deceased.

All payments in connection with the death of an employee are made in a special note, in the form approved by the State Statistics Committee No. T-61.

death of a man- this is an unexpected sad event not only for relatives, but also for the employer of the organization where the deceased employee carried out his activities. Nevertheless, each manager and HR specialist, in order to avoid unpleasant situations, must have information on how lawfully terminate an employee due to death.