Entry in the labor upon death of an employee sample. How to terminate an employee due to death. Not received by the employee by the date of death

In this article, we will consider in detail the procedure for dealing with such a situation, as well as provide links to the most important legal acts that regulate this aspect for your familiarization with them.

Relations between an employee and an employer have been regulated by the labor code for more than a dozen years. It is this normative legal act that covers all aspects of the relationship between the parties, from the beginning of their conclusion to the break. The code did not bypass the issue of the untimely death of an employee.

Article 83 of the Labor Code of the Russian Federation provides for the termination of the contract between the parties to the employment relationship in the event of the death of the employee. The issue of transferring a work book if it is impossible to issue it to an employee personally covers article 84.1 of the Labor Code of the Russian Federation, also contained in the labor code.

About what entry must be made in the work book in the event of the death of an employee, it is written in the Rules for maintaining and storing work books.

On the basis of these legislative acts, employees of the personnel department and accounting department break labor Relations with a deceased worker.

The funds that the deceased did not receive for his labor activity do not remain on the employer's account. They are distributed among the heirs of the deceased, in accordance with the Civil Code.

In the event that death occurred at work, that is, at the place of work itself and does not have an accidental implication, then there is an appeal to the Criminal Code of our country.

Labor Code of the Russian Federation, Chapter 13, Article 83. Termination of an employment contract due to circumstances beyond the control of the parties

Labor contract subject to termination due to the following circumstances beyond the control of the parties:

1. conscription of an employee for military service or sending him to an alternative civilian service that replaces it;
2. reinstatement at work of an employee who previously performed this work, by decision state inspection labor or court;
3. non-election to office;
4. condemnation of the employee to a punishment that precludes the continuation of the previous work, in accordance with a court verdict that has entered into force;
5. recognition of an employee as completely incapable of working in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts Russian Federation;
6. death of an employee or employer - an individual, as well as recognition by the court of an employee or employer - an individual as dead or missing;
7. the onset of emergency circumstances preventing the continuation of labor relations (military operations, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a public authority of the relevant subject of the Russian Federation;
8. disqualification or other administrative punishment, excluding the possibility for the employee to perform duties under an employment contract;
9. expiration, suspension for a period of more than two months or deprivation of an employee of a special right (license, right to manage vehicle, the right to bear arms, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility for the employee to fulfill his obligations under an employment contract;
10. termination of access to state secrets, if the work performed requires such access;
11. cancellation of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate to reinstate an employee at work;
12. has expired;
13. the emergence of restrictions established by this Code, other federal law and excluding the possibility of the employee fulfilling obligations under an employment contract on engaging in certain types of labor activity.

Termination of an employment contract on the grounds provided for in paragraphs 2, 8, 9, 10 or 13 of part one of this article is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (as vacant position or work corresponding to the qualifications of the employee, as well as a vacant lower position or lower paid job) that the employee can perform taking into account his state of health.

At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

Part three is no longer valid.

Application for the issuance of a work book to the relatives of the deceased

Unpaid after death wage should fall into the hands of next of kin. These are citizens who are children, parents or spouses of the deceased. In order to receive money, it is necessary not only to come to the employer or send him a letter, but also to prove the fact of kinship.

So, in the case of children under the age of 18 a birth certificate must be provided, where the deceased is registered as one of the parents. Children cannot dispose of money, so they are transferred to a guardian. But with the condition that they will be spent on the needs of children.

If the spouse is the next of kin of the deceased, a marriage certificate must be provided.

But the procedure does not end with the submission of documents. In order to keep information about who received the money in the employee’s personal file, a special application for the issuance of a work book is drawn up.

The application is drawn up on a sheet of A4 format, always clean and with neutral shades of paste - black or blue. It is possible to print the application on a computer.

If the organization has a special form, then the application should be drawn up based on it.

This document is compiled in any form. It is important to describe the degree of relationship, refer to the document and attach a photocopy. In a statement indicate the full name of the relative who takes the labor, as well as the date and signature.

The employer issues the document in his hands only after he accepts the application and saves it in the employee's personal file.

What seal is put in the work book upon dismissal - read.

Conclusion

Despite the fact that death is a tragic event, it is not a reason to forget about a person and simply not take him into account. Paying tribute to the memory of the deceased, the task of each employer is to properly fill out the necessary paperwork and hand them over to the employee's relative.

In the work biography of employees of enterprises and companies, many different events take place. One goes to the Army, the other is sentenced to serve a sentence, the third fell ill and was declared disabled. All these events lead to the termination of the employment agreement, due to circumstances beyond the control of the parties, which is reflected in the orders of the company, in the entries in the work book. Dismissal due to the death of an employee is no exception, and is discussed in Article 83 of the Labor Code of the Russian Federation

So, what are the rules and regulations governing the termination of an employment contract if an employee dies?

Any termination of the labor agreement between the employee of the enterprise and the employer is carried out on the basis of an order issued by the head of the enterprise. What documents serve as the basis for issuing such an order, and what date is the dismissal order due to the death of an employee issued?

What is grounds for dismissal

Any order to dismiss from work is announced on the basis of relevant documents. If an employee leaves the company own will, then the basis for the order is his statement. In case of conscription into the army - a summons. Well, if the employee has died, the basis for the order to terminate the employment contract due to the untimely death of the employee is one of two documents:

• death certificate,
• a court order declaring an employee absent for unknown reasons, or deceased.

The death certificate is a document certifying the act of civil status, issued in the registry office on the basis of a medical report received from the medical institution where the death was recorded.

The document contains the following information:

• Surname, name, patronymic of the deceased citizen;
• date and place of birth;
• date and place of death;
• The basis for drawing up a certificate, information about the record of the act of death: date and number of the record;
• nationality;
• citizenship;
• the location of the citizen at the time of death;
• Name and place public institution who registered the act of death;
• Date of issue of the death certificate;
• Signature, surname, I.O. the head of the registry office that issued the document;
• Death certificate number;
• cause of death;

The death certificate certified by the seal and signed by the head of the registry office is transferred to the close relatives of the deceased.

A court can issue a decision certifying the fact of the death of a missing person on the basis of a statement from close relatives that this person has not made himself known for 5 years, and nothing is known about his whereabouts, and attempts to find him have not yielded any results. . If a citizen disappeared under circumstances that threatened his life, the court may declare him dead after 6 months of his disappearance.

If a serviceman or other citizen disappeared while participating in hostilities, or found himself in the zone of such actions, then he can be declared dead after two years after the events.

Recognition of a person as absent for unknown reasons also gives grounds for termination labor contract, since the absent citizen does not participate in labor process, and whether it can ever return is not known. The court may recognize a person as such if there was no information about him during the year.

How is an order to terminate an employment contract issued?

A document certifying the death of an employee, whether it is a death certificate or a court order, is recommended to be submitted to the personnel department in two forms: the original for review, and a copy that is necessary for archiving, in the personal file of the deceased employee. The original after familiarization is returned to the person who brought this document.

Having received such a document from close relatives, the head of the enterprise issues an order to terminate the employment agreement due to death. The order is issued according to the standard form T-8, approved by the State Statistics Committee.

Many disagreements and questions arise about the date on which the order should be issued, and what date the termination of the employment contract between the deceased employee and the enterprise dates from.

It is important to know that the order dates back to the day when the employer received a document confirming the death of the employee. And the date of termination of the employment agreement due to death indicates the actual day of death noted in the relevant document.

The employer cannot dismiss an employee only on the grounds that the employee does not go to work, but is obliged to find out the reasons for this absence and document it if the employee is absent from the workplace for unexcused reasons. Otherwise, such dismissal can be challenged in court. And until the reasons for the absence of an employee are clarified, workplace.

The order to terminate the employment agreement is recorded in the register of orders and orders. As a rule, persons must be familiarized with the order in the manner prescribed by law, about which they sign in the registration log. But in this case, the employee cannot familiarize himself with the order concerning him. This order also has nothing to do with his relatives, therefore, in the registration log of the column, he is familiarized and remains blank.

You can see a sample order in the picture:

Entry in the work book

Based on this order, the personnel officer makes a proper entry in the work book of the deceased.

A note in the work book about the completion of the employment agreement must contain the reason why this agreement is terminated, with reference to the number and date of issue of the order to terminate the agreement.

Information for the personnel officer. When making the last mark in the labor, the wording “fired” is unacceptable, since a deceased person cannot quit. The entry must contain the following wording: the employment contract has been terminated due to death.

The work book must be completely copied for storage in the archive of the enterprise, in the employee's personal file. The original work book is transferred to the relatives of the deceased employee.

In turn, the relative who receives the labor in his hands must provide the following documents to the personnel department:

• own passport, military ID, other identification card;
• a document certifying kinship with the deceased. Such a document can serve as a birth certificate, marriage certificate.

These documents are also copied by an employee from the personnel department for storage in the personal file of the retired employee.

At the request of relatives work book can be sent by mail with a mandatory acknowledgment of receipt. A registered letter, along with a work book, must contain an inventory of all sent documents.

It happens that the worker is alone, has no relatives of the first stage, and the ties with the rest are broken, they are not interested in the life of this person, and they know nothing about death. In a word, no one asks for a work book and payments. In this case, the labor record is stored in the company's archive in the personal file of the deceased. The personal file is stored in the enterprise for 2 years, and then transferred to the archive.

It may also happen that the employee died, this fact is established, but it is not possible to find out who received the death certificate from the registry office. How to fire an employee if there is no death certificate, and it is not possible to find out who has it? Then the official representative of the enterprise where this employee worked has the right to request a death certificate by contacting the registry office at the employee's place of residence. He will be given a copy of the document, which will serve as a reason for terminating the employment contract.

If the deceased employee was lonely, the company where he worked has the right to take responsibility and material costs for his funeral. In this case, the company does not bear material obligations to anyone, and does not have to pay the remaining money of the employee to anyone.

Cash payments

Relatives of a deceased employee are primarily interested in questions about payments to the family, since funerals are always associated with considerable costs. It is payments, as a rule, that are the main reason why relatives turn to the employer of the deceased. The payouts are:

• The remaining salary for the days worked during the last month;
• Possible regional allowances and coefficients;
• Premium;
• Compensation for unused vacation, etc.

The employer can charge a one-time financial assistance to the family of the deceased.

This is if the company - the employer is not related to the death of an able-bodied employee. But sad statistics testify to the death of able-bodied people in the workplace due to safety violations, and continues to be quite high. Death in the workplace is still not uncommon. In this case, if it is confirmed that a person died at work due to violations of working conditions and safety regulations, the enterprise is obliged to compensate the family for the loss of a breadwinner.

Cash payments are made to close relatives of the deceased. The priority right to receive this money belongs to the spouse, children or parents of the deceased. Adopted children, and persons in the care of a deceased employee, are also recipients of the first priority. In order for the company's cash desk to give money to the recipient, he, that is, the recipient, must provide

• passport, or other document confirming his identity as an applicant,
• death certificate,
• a document confirming a close relationship with the deceased, or certifying the fact of guardianship.

Only in the absence of close relatives, a work book and payments can be issued to relatives of the second or third priority. Persons who have the right to receive money

• living with the employee in the same living space,
• dependent on the deceased worker.

The calculation of all payments is carried out in the accounting department, in accordance with the document filled out in the T-61 form. The issuance of money to the relatives of the deceased must be made no later than four months.

If the employee was a lonely person, and there is no one to receive the money, then the funds due to this employee remain on the balance of the employer.

In the current circumstances, the main task of the personnel department is the correct and timely execution of documents so that relatives can receive all payments from the company in a timely manner, without delay.

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 payment monetary compensation relatives. There are many nuances associated with both paperwork and cash payments.

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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 of 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 payments of the remaining Money, but also 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 of the 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 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 a 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 weekends are an exception - in fact, the employee did not fulfill his duties and did not go to work, but the workplace was 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 relatives 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 cannot exceed established by law amounts. 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.

Sadly, but quite healthy and able-bodied representatives of the population of our country are also subject to death, and even more sadly, death overtakes the vast majority of people suddenly. From the point of view of the employer, it is impossible to prepare for the dismissal of an employee due to death, but it is necessary to have a clear idea of ​​\u200b\u200bthe course of action in the event of a circumstance.

The unconditional final decision of the employer in the event of the death of an employee will be his dismissal. The problem is that dismissal under the standard form provided for by the Labor Code of the Russian Federation is not suitable in this case. This is facilitated by a lot of mutually conflicting nuances - such as the obligation of the employer to bring to the employee, but the actual impossibility of implementing this legally significant procedure.

Legal grounds for dismissal

The main regulatory document when terminating an employment contract with an employee of an enterprise is Labor Code Russian Federation. With regard to the termination of the contract due to the death of an employee, article 83 of the Labor Code of the Russian Federation is used.

It does not oblige, but provides for the possibility of dismissal of an employee if there are necessary and sufficient grounds to consider him dead. Regardless of the circumstances that caused the death of an employee of the organization (natural causes, illness, disaster, accident, safety violation, etc.), two documents are considered sufficient grounds for terminating employment with him:

• official, issued by the registry office, death certificate of a person who was previously an employee of the organization;
• a judgment declaring a person dead.

A court decision on death is issued in exceptional cases when there is no information about a person confirming his viability for more than five years, or the court has every reason to believe a person is dead (for example, missing under circumstances directly threatening his life, and not leaving for more than six months for communication).

Both the court decision and the death certificate must contain a number of personal identification data about the person:

• detailed information about the surname, name and patronymic of the deceased;
• the exact date of death (phrases like “death occurred between ... and ...” are not allowed);
• comprehensive information about the place and date of birth of a person;
• place of death (settlement);
• the full legal name of the organization - the source of the document, and its details;
• details of the document itself - account number, date of issue, signature of the responsible person.

Dismissal order

A separate legal moment is the date of dismissal of the deceased person. There are two options for specifying the date of termination of contractual obligations:

1. The date of dismissal is considered (and indicated in the internal order of the head of the organization) the date of the actual death of the employee, indicated in the death certificate (court decision). In this case, the last working day is the day preceding the death.
2. The last working day in the order for the enterprise indicates the actual day of death - applicable if the employee was present at the workplace on the day of death.

The date of issuance of the order must coincide with the date of issue of the death certificate. For example, the actual death of an employee occurred on January 20, the death certificate was issued on January 25, and the certificate was brought to the employer only on February 5. In this case, the order to dismiss the deceased employee will be dated February 5, but the last working day is January 20 (if the employee is at the workplace on the specified date).

In case of dismissal by a court decision, the date of actual death is the date of the court decision (except for the cases specified in Article 45 Civil Code Russian Federation), and the last working day indicated in the order is the day of the actual, documented presence of the employee at the workplace.

Documentation of dismissal at the enterprise

The standard procedure for terminating an employee does not involve legal misunderstandings, unlike dismissal due to death. The interaction of the employer with the employee himself is excluded due to the root cause of the dismissal, and with his relatives - due to the lack of a subordination relationship with the employer.

The active phase of documentary support for the termination of an employment contract takes place in several stages and begins from the moment of receipt legal entity official notification of the death of an employee.

Order preparation

The first stage is the preparation of a draft order of the head of the organization on the dismissal of an employee due to death. Attached to it is a certified copy of the document confirming the death of a citizen. In the unified office work programs, there is a prepared order template No. T-8, reflecting all the necessary points of the document. If it is necessary to independently develop a draft order, it must indicate:

• "cap" - the name of the order, reflecting the brief essence of its content;
• personal data of the dismissed employee - position, surname, first name and patronymic, rank, etc.;
• the reason for terminating the employment contract with the employee with reference to a specific clause of legal documents (in this case, article 83 of the Labor Code);
• inventory, accounting, serial or incoming numbers of accompanying documents (death certificates);
• the name of the employing organization itself and its legal details;
• the order is signed by the head of the organization, if necessary, coordinated with the legal and financial and economic service of the enterprise.

Notification

Further, the personnel service of the organization prepares a notice of the citizen about the dismissal. The date is set based on the one indicated in the order of the head. The place allotted for the self-acquaintance of the dismissed person is left blank (a dash is affixed). It is not allowed to sign on familiarization on behalf of the relatives of the deceased.

Calculation

Human Resources Department, together with financial service organizations draw up settlement documents that determine the time actually worked by the employee and the payments and allowances due to him. The worker's due wages may be paid to the relatives of the deceased. But in the presence of financial damage (advance payment, financial loan obligations, etc.), it is impossible to recover the missing amount from relatives and friends.

The lost wages of the deceased are transferred to the accounts indicated by the legitimate relative no later than 7 working days from the date of his application to the organization. Relatives themselves can apply for money within 4 months following the onset of circumstances. income tax individuals The amount of lost profit paid out is not taxable.

Recording

A notice of dismissal is entered in the employee's personal file. Lastly, such an entry is made in the work book of the deceased person. An already virtually non-existent employee cannot be fired, and an entry in the work book like “fired due to death” will be legally incorrect. It would be more correct to write - "The employment relationship was terminated due to the occurrence of circumstances beyond the control of the parties." It is this formulation of the reason for dismissal provided by the Labor Code.

The date of death is entered in the work book based on the data provided by relatives, in column No. 2. The section with familiarization of the work book remains blank. All entries are certified by the seal of the organization (if its presence is provided for by the statutory documents) and signed with a transcript of the head or authorized employee of the personnel service.

Transfer of work book

The work book of a deceased employee can be transferred to relatives or left for storage in the archive of the organization. When leaving the work book in the organization (if none of the relatives of the deceased applied for it), according to the order of the Ministry of Culture, the latter is obliged to keep it for 75 years. When the enterprise is disbanded, all documentation with not expired storage periods is transferred to the State Archives.

When issuing a work book, the relatives of the deceased must provide the employer with:

• a written application with a request to hand over the document;
• a document confirming the death of the person whose work book was applied for;
• documents certifying the degree of relationship with the deceased person - marriage certificate, birth certificate and others;
• the applicant's own identity documents.

The work book can be issued to relatives in their hands or sent by mail with notification of delivery to the addressee. Depending on the chosen method of delivery of the work book, the journal of outgoing documents contains either the signature of the relative who received the book, or the postal details of the departure.

In the current legislation, there is no clear gradation of the importance of the degree of kinship and the priority of one relative over another. In the event of a conflict of interest, several people who are related to him can claim to receive the work book of the deceased. The employer issues a book to the first applicant.

It is advisable for relatives to take care of obtaining a work book on their own. First, it gives the right to some part of the pension savings of the deceased. And secondly, the fact of issuing a work book is direct evidence that the organization has no claims of a property or financial nature.

Other conditions

As material support, the employer can pay financial assistance to relatives, even if such conditions are not provided for by the text of the collective agreement. Relatives of the deceased can apply in writing to the head of the organization with a request for material assistance (social benefits) for burial. Social benefits are paid to relatives from the funds of the FSS of Russia.

In contact with

If an employee has died, how to issue documents on dismissal due to death? Collected in the article all the information on this issue. Read what entry to make in the labor, how to prepare an order, to whom and what payments are due.

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Dismissal due to the death of an employee: article of the Labor Code of the Russian Federation 2020

Clause 6 of Part 1 of Article 83 of the Labor Code of the Russian Federation stipulates the possibility of terminating an employment contract if an employee has died. Alas, people die not only from old age. Death can also overtake the young - from illness, as a result of an accident, disaster, hostilities, natural disasters, etc. That is why the legislator has provided for such an option for terminating employment relations.

Of course, when drawing up the termination of an employment contract, the company's management must take into account a number of nuances that distinguish this case from a regular dismissal. For example, as a general rule, an employee must familiarize himself with the order of dismissal against signature (Article 84.1 of the Labor Code of the Russian Federation). But in such a situation, he himself cannot sign, and the employer is not obliged to bring the order to the attention of other persons, for example, relatives of the deceased. After all, these people had nothing to do with the labor relations of the deceased. Therefore, only the signature of the head will be on the document.

Only two documents can become the basis for dismissal upon death:

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

The certificate must indicate:

• full name of the person;
• the exact date of death;
• Date and place of birth;
• citizenship;
• a place of death;
• the name of the organization that issued the document;
• details (series and number, date of issue, signature of an authorized person).

On the last working day, the employee must receive not only the calculation and work book. There are documents that the personnel officer is obliged to issue by default. In addition, upon dismissal, an employee may request other forms. The editorial staff of the "Handbook of Personnel Officer" magazine has compiled for you a list of documents with samples that is relevant in 2020.

How to fire a deceased employee

The usual procedure for terminating an employment relationship is associated with joint actions of the management and the employee: the company issues an order, the person familiarizes himself with it, receives documents prepared by the personnel department, signs, etc. However, the deceased cannot familiarize himself with the order and receive a calculation, so the standard procedure in this case is not fits. Registration of dismissal upon the death of an employee begins from the moment the relatives of the deceased provide a document confirming his death. The process takes place in several stages.

Step-by-step instructions for dismissing a deceased employee

Stage 1. An order is issued for the enterprise to terminate the employment relationship with the employee in connection with his death. A copy of the death certificate or court decision is attached to it.

Stage 2. A notice is drawn up. It indicates the date of dismissal of a person, coinciding with the day of death. The column in which the employee familiarized with the document must sign remains empty.

Stage 3. A certificate-calculation is issued. The personnel department provides information on actually worked time and unused vacation days, and the accounting department, based on this information, calculates the payable salary and other due payments.

Stage 4. A record of dismissal is entered into the employee's personal card.

Stage 5. An entry is made about the dismissal in the work book if the employee refused to switch to electronic accounting of his work activities, and the book remained in the company.

All places where the employee's signature is normally put remain empty. Relatives of the deceased should not sign these documents.

Dismissal due to the death of an employee: entry in labor 2020

Since a deceased person cannot be fired, the entry in the paper work book cannot be: “Dismissed due to death.” The wording provided for in Art. 83 of the Labor Code of the Russian Federation: "The employment contract was terminated due to circumstances beyond the control of the parties." A reference to this article must also be affixed - this basis is indicated in paragraph 6 of part 1 of Art. 83 of the Labor Code of the Russian Federation.

In column 2, you must indicate the date of death of the employee, recorded in the document provided by relatives. Since the deceased cannot confirm his acquaintance with the entry in the work book, the corresponding field remains empty.

For the work book of a deceased employee, a spouse or one of the relatives can apply. To get a work permit, relatives need to provide the organization where the person worked until the moment of death, such documents:

• a written application for the issuance of a book;
• a document confirming the fact of death (certificate or court decision);
• your passport or other identity document;
• a document confirming the relationship with the deceased (marriage certificate, birth certificate).

Copies of these documents should be filed in the personnel file of the deceased employee by the personnel department.

Relatives can come to the company in person or ask to send them a work book by mail. If the document is received in person, the data of the person to whom the document was transferred are entered in the register of the movement of work books, and he himself must sign in the column “Employee's receipt for receipt”. If the book was sent by mail, instead of painting in this column, the data from the postal receipt is put.

During the training under the professional retraining program "Organization of work with personnel" you will learn how to draw up personnel documentation according to the new rules, how to evaluate candidates and hire a new employee, how to implement professional standards and what to do if the qualifications of employees do not meet their requirements, and much more. Upon completion of the training course, an official diploma awaits you.

If no one came for a work book, the organization is obliged to keep it for 75 years - for those issued before 2003 and 50 years for those issued after 2003. If several relatives applied for a document at once, independently of each other, it must be issued to the first one who submitted the application. The rest is provided with a certificate indicating the data of the person who received the original.

It should be noted that it is better for relatives to pick up the work book, since only on the basis of this document can they receive part of the funded pension of the deceased. In addition, the fact of its transfer indicates that the company has no material claims against the deceased employee.

Order of dismissal due to the death of an employee - sample

The easiest way is to use the unified form No. T-8, which has all the main points that should be considered when dismissing an employee. If the company uses only its own templates in its work and independently develops sample orders for all situations, the following points should be displayed in the text:

• name and details of the organization;
• the name of the order and the date of its preparation;
• Name and position of the dismissed person;
• grounds for termination of employment - there must be a reference to Art. 83 of the Labor Code of the Russian Federation;
• details of the document confirming the grounds for termination;
• leader's signature.

The column for familiarizing the employee with the order remains empty. A copy of the certificate or court decision is attached to the order for dismissal due to death.

What date is the order for dismissal due to the death of an employee issued?

The date from which the employment relationship with the employee ends must be the date of his death, indicated in the certificate. The last working day indicates the previous day or the date of death itself, if a person went to work in the morning and died during the working day.

If an employee died on February 18, relatives received a death certificate on February 24, and a document was submitted to the last place of work of the deceased on April 30, then the order will be dated April 30. But the last working day of the employee will be the date February 18 (Article 84.1 of the Labor Code of the Russian Federation).

The same principle applies in a situation where the employment relationship with an employee is terminated on the basis of a court decision. The date of death will be the date the court decision comes into force, and the last working day will be the date of the last actual return to work. An exception is fixed in Part 3 of Art. 45 of the Civil Code of the Russian Federation - if a person is declared dead who went missing under circumstances that threatened his life, the court may recognize the day of his alleged death as the date of his death.

How to dismiss an employee due to death if there is no certificate

In some cases, a certificate is not issued - if the death is confirmed by a court decision. If a person has not appeared at the place of residence for 5 years and relatives do not have any information about his whereabouts, or if a person went missing six months ago under circumstances that threatened his life or give reason to assume his death from a certain accident, he can be recognized as dead in judicial order.

If the relatives of such a person apply to the court, the decision of the court will serve as confirmation of his death. It is his relatives who must provide the place of the last work of a person recognized as dead.

Payments at work upon the death of a close relative

All the money owed to the employee - lost wages, compensation for unused vacation, other payments, the company must transfer to the family members of the deceased or to those persons who were dependent on him at the time of death (Article 141 of the Labor Code of the Russian Federation). The money is paid no later than a week from the moment when the person entitled to receive it submitted an application. The application for payment must be accompanied by the applicant's passport and a document confirming kinship.

Relatives can apply for the money accrued to the deceased within 4 months from the date of opening the inheritance (part 2 of article 1183 of the Civil Code of the Russian Federation). If the employer withdrew money from his account for payment, but no one applied for it within 5 working days, they should be deposited (clause 6.5 of Instructions of the Bank of Russia dated 11.03.2014 N 3210-U).

The company may provide financial assistance to the relatives of the deceased employee - in a collective agreement or other LNA. The management also has the right to personally decide on the issuance of financial assistance, even if it is not provided for in the company's documents.

In addition, relatives who have buried a deceased employee at their own expense can apply to the company's management for a social benefit for burial. It is paid from the FSS.

The money owed to the deceased and paid to his relatives is not subject to personal income tax (clause 18 of article 217 of the Tax Code of the Russian Federation), so you need to pay the full amount, without tax withholding. This money is also not subject to insurance premiums.