The death of an employee is an entry in the work book sample. An entry in the work book in connection with the death of an employee. An employee has died - legal regulations and provisions of the Labor Code of the Russian Federation

At any enterprise, sooner or later it may be necessary to issue a dismissal in connection with the death of an employee. It is believed that this happens quite rarely, but in practice - much more often than is commonly believed, especially in large enterprises, the number of employees of which is many hundreds. What should the manager do, what to write in the documents, and how does such a procedure generally take place? We will try to give an exhaustive answer to all these questions.

The legislative framework

To begin to understand how to proceed, as in any matter relating to labor relations, you need to work with the Labor Code Russian Federation. What do the articles of the Labor Code of the Russian Federation say about dismissal due to death?

Article eighty-three provides for the possibility of termination employment contract for reasons beyond the control of the parties. Among such reasons, the death of an employee or the recognition of him as dead or missing is mentioned - this is mentioned in the sixth paragraph of the article.

Dismissal procedure

Before considering the features of how an employee is dismissed due to his death, it is necessary to understand how this procedure occurs in the general case. And it happens like this:

• the employee writes a statement (if the termination of the contract occurs on his initiative) or the employer sends a notification to the employee (if the employer is the initiator))
• an order or order is issued on the enterprise)
• on the last working day, the employee receives a full payment: he takes the money and documents due to him.

The documents include:

• certificate of average salary for the last year - which has recently become a mandatory requirement)
• work book with the corresponding entry.

Money refers to:

• current salary)
• premium accrued to date)
• all due allowances, incentive measures and similar amounts provided for in the wage system at the enterprise)
• compensation for unused days calendar vacation.

In some cases, also paid severance pay, most often in the amount of average monthly earnings.

How to fire an employee due to death?

Of course, the deceased cannot perform the above procedure. How, then, is the termination of the working relationship carried out?

Application or notice

Of course, when the dismissal is made under the sixth paragraph of the eighty-third article, the employee cannot write a statement in any way, just as the manager cannot notify him in advance of the termination of cooperation. Therefore, this item, which is considered mandatory, if necessary, to dismiss due to death is not fulfilled, and this is not a violation of the law.

Order or command

First of all, it should be noted that it is more competent to issue any termination of labor relations with an order in the T-8 form, and not with an order. According to the law, the date of dismissal indicated in the order cannot be later than the last working day, and it must be signed earlier - in extreme cases, the date of signing the order may coincide with the last working day.

When a dismissal is made due to death, the date of dismissal is indicated by the number that is affixed to the death certificate - from that day the employment contract is considered terminated.

Since the certificate is not delivered to the enterprise on the day of death, the order is issued on the day the documents were handed over - that is, retroactively, which in this case is not a violation.

Employment history

Dismissal due to the death of an employee is carried out strictly according to the Labor Code of the Russian Federation

On the basis of an order for the enterprise, an entry is made in the employee's documents: a work book and a personal card. The wording in this case is as follows: “The employment contract was terminated due to circumstances beyond the control of the parties, in connection with the death of the employee, paragraph 6 of the first part of Article 83 Labor Code Russian Federation".

The document itself is handed over to the relatives of the deceased upon their application or sent to them by mail to the address that the employee indicated when applying for a job.

Payouts

Despite the fact that the employee was dismissed due to death, the issuance of the money due to him is still mandatory. Like documents, the money will be taken by the next of kin or people who are dependent on him. It can be:

• parents)
• children, including adopted children)
• spouses)
• guardians or adoptive parents.

According to regulations civil code all payments to the relatives of the deceased must be made no later than four months from the date of opening of the inheritance, which is taken as the officially announced date of death.

We hope our article answered all the questions about how to fire an employee due to death.

05.09.2019

If an employee of the enterprise dies, then according to the law.

To do this, you will need to draw up an order to terminate the employment contract in connection with the death of the employee.

The process of terminating the contract is non-standard, so the manager must know how to act correctly in this case.

founding documents

The main and only document on the basis of which an order is issued to dismiss a deceased employee is a death certificate that relatives will bring.

In some cases, the certificate is replaced by a court decision declaring a given citizen dead.

Such a document is provided for persons who have gone missing and have not been contacted for more than five years.

Most often, by this time, such employees are fired for other reasons.

It is important that in the case when a citizen does not appear at work for a long time for several months or even years, and there are no relatives interested in finding him, the employer himself can apply to judiciary, to recognize a person as missing or dead.

The death certificate must contain the following information:

The personnel officer must be sure that the certificate is genuine, and therefore must know what it looks like and what information it contains.

What is the date of termination of the employment contract?

The order to terminate the employment contract must be issued on the last working day of the employee or on the date indicated on the death certificate.

The date specified in the court decision is also used. Either option will be correct.

In practice, the date from the death certificate is most often used as the date that is affixed to the order.

The date is set not only in the order to dismiss the employee, but also in work book which is passed on to relatives. It is important that these two dates must match.

How do I fill out a T-8 form to terminate a deceased employee?

The order should be issued after the relatives provide evidence. In fact, it turns out that the dismissal order will be issued retroactively. But in this situation, there is no other way.

After the submission of documents, the personnel department prepares an order. It should contain the following information:

After the order is drawn up, it is referred to the head for signature. The only and main difference from the standard dismissal order is that there is no signature of the dismissed person.

It is issued to relatives on the basis of the following documents:

• Application for the issuance of a work book.
• Death certificate.
• A document proving the identity of the applicant and confirming his family relationship with the employee.

All these documents are processed and photocopies are taken from them. Copies are filed in the deceased employee.

A relative who has received a work book in his hands is obliged to sign in the journal for the movement of these documents.

If there are no relatives or they did not come for the document, then the book is stored in the archives of the enterprise for 50 years.

Grounds for termination of the contract

It is clear that in the order to write that the employee quit for own will, will not work. It is necessary to indicate that the reason for the termination of the employment contract is the death of the employee.

Moreover, it is necessary to refer to Art. 83 part 2 of the Labor Code of the Russian Federation.

Download Sample

Download an example of an order to dismiss an employee due to his death (termination of an employment contract) -.

Useful video

The procedure for termination of employment in connection with the death of an employee is described in detail in this video:

findings

The death of an employee is in itself grounds for dismissal. But it is necessary to issue an order retroactively.

One of the grounds for terminating an existing labor contract, for reasons beyond the control of the parties with an employee of the enterprise, is his death. Dismissal due to the death of an employee, with the exception of the grounds, is not much different from the usual termination of the contract. In this case, its basis is a document drawn up by an authorized body and fixing the fact of the death of an employee.

When drawing up this termination of the contract, HR specialists have a lot of questions regarding dates. This is due to the fact that the basis for terminating the contract is presented after a certain time, which can sometimes be quite a long period.

It is impossible to dismiss without a death certificate, since according to the Labor Code of the Russian Federation, it is on the basis of it that the procedure for terminating the contract begins. Even if relatives and friends talk about the onset of death, this certificate is necessary.

Therefore, upon dismissal due to death, the date of dismissal is considered the day of death of the employee, which is indicated in the document submitted to the personnel service. This date can also be a weekend or holiday. The order itself should be drawn up by the date of receipt of the confirming act.

Important! Many personnel officers make a mistake, put in the order the date of termination of the time for the provision of the certificate, and then it turns out that the contract with the non-living employee continued to operate, which contradicts both the law and reality.

There is also a procedure for declaring a missing person dead. These include the disappearance of an employee in conditions where his life was in danger, as well as when the employee did not appear at his place of residence for more than 5 years.

This decision is made by the judiciary. In this case, the date of dismissal due to the death of the employee is determined by the date of entry into force of such a decision.

Compensation payments

The procedure for issuing the termination of an employment contract with an employee involves the accrual and payment to his relatives of the amount provided for by law. These include spouse, parents or children.

As a rule, the amounts of wages and compensations are issued to relatives living together with deceased relatives. The period during which payments should be made is determined by a week from the date of submission of documents.

However, the Civil Code of the Russian Federation establishes a four-month period during which relatives can lay claim to money. After its expiration, they are included in the inheritance. If this is not done, then compensation can be demanded from the company in the amount of 1/150 of the refinancing rate for each overdue day.

Such amounts include unpaid wages, compensation for unused vacation, allowance for sick leave(if any), by decision of the management one-time assistance. At the same time, if as a result of the calculations it turns out that the employee took the vacation in advance, the amount of unprocessed vacation pay should not be withheld from the compensation payments.

In addition, at the expense of the FSS, through the organization, the relatives of the deceased employee can receive social benefits for burial. In 2016, it is 5277.28 rubles. Some regions can increase its size at the expense of their own financing.

Documentation of an employee in case of death

Obtaining official confirmation of death

In order to start the dismissal procedure, the employee personnel department you need to get a confirmation document. This may be the original or a duly certified copy. The fact of death can be confirmed by a death certificate of the established form, issued by the registry office. In addition, for these purposes, a court decision on establishing the fact of death or declaring a person dead can be used.

The thing is that in the case, the basis for creating various personnel documents is an . In this case, he cannot write it, and therefore all further papers are drawn up on the basis of a death document.

Drawing up an order

Based on the supporting document, the personnel officer must draw up. To do this, use the standard form T-8 or your own form containing all the necessary details.

Drawing up a T-8 document is generally similar to a simple dismissal, but there are several cardinal differences. The order itself is drawn up on the date when the company received the supporting document, and the date of termination of the contract is the date of death.

The reason for the termination of the contract must be specified in the 6th paragraph of the 1st part of the 83rd article of the Labor Code of the Russian Federation.

The basis for drawing up an order is the details of a document certifying the fact of death - a certificate or a court decision.

A feature of the preparation of the order is the fact that the column with the signature of the employee confirming the acquaintance will not be filled in it.

After the document is signed by the director, it is mandatory registered in the book of orders at the enterprise.

Making an entry in the work book

A gross mistake is the fact that the employer did not enter the relevant information into the labor. It should contain information about the termination of the contract for independent reasons - in connection with the death of an employee.

In the column "Supporting Document" the details of the order for dismissal are indicated. The cause of death was not mentioned in the record.

Issuing a book to relatives

In a normal situation, a labor certificate is issued to an employee on the day of his dismissal. However, at his death, it can be given to relatives. But there is a certain order here.

First of all, a spouse (spouses) and his children can apply for a document, then - parents, after that - other relatives in descending order of proximity of kinship.

In the case when several people came for work, it is necessary to ask them for supporting documents, determine the degree of relationship of each and then decide whether to transfer the form to one of them or refuse.

In the event that relatives cannot receive the book in person (for example, they live in another city, region, country), you must contact them by phone and discuss the procedure for sending the document by mail with a return receipt.

If the book is obtained personally, then you need to ask to draw up an application for this procedure in a random order. It is drawn up on a standard sheet of paper in the name of the director, and in the text it is necessary to record the degree of relationship and the reason for receiving it.

If it is impossible to receive the document in person, you can draw up a power of attorney at the notary's office and transfer it to an authorized person.

At the time of receipt of the book in hand, a receipt is drawn up stating that the document was received and the relatives have no claims against the company. It is filed with a personal file, which is then transferred to the archive.

Registration of a personal card

On the basis of the order, the personal card is also “closed” - its details are indicated in section XI “The basis for terminating the employment contract”. The columns in which personal signatures must be affixed are left empty.

Issuance of due funds

In the event of the death of an employee, the accounting department needs to make a full calculation of the amounts due to him, as in the case of dismissal. These include:

• Amounts of unpaid wages;
• Amounts due upon dismissal (if provided for by the labor, collective agreement, etc.);
• Sick leave (if relatives were presented with a certificate of incapacity for work).

In addition, the employer, on a voluntary basis, can pay material assistance to the relatives of the employee.

When calculating and issuing, the accountant draws up documents in standard forms T-61, T-49 or T-51.

Important! All payments that are issued after the death of an employee should be subject to personal income tax, since they are wages. Similarly, they also need to calculate and transfer social contributions.

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

Dismissal procedure

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

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

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

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

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

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

Rules for issuing an order

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

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

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

Date of issue of the document

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

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

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

Basic Mistakes

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

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

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

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

Sooner or later, but every head of the enterprise happens to dismiss an employee due to circumstances beyond the control of the parties. We are talking about the death of an officially arranged worker. This procedure is not complicated, but requires certain knowledge from the staff of the personnel department, accounting department and the manager himself. We have tried to collect the most complete and up-to-date information on this issue to date, and now we will try to present it as accessible as possible.

Employee death options

The Labor Code of the Russian Federation clearly spells out the algorithm of actions in such situations. When filling out all the necessary documents, it is imperative to refer to article 83 " Dismissal due to the death of an employee»Part 1 of the Labor Code of the Russian Federation.

And yet, before we talk in detail about the stages of dismissal, we suggest that you familiarize yourself with all the possible situations of death.

1. An employee dies not at the workplace, but in his free time (at home, on vacation, etc.);
2. An employee dies at work, or on a business trip, performing official duties.

If the event occurs outside business hours, then the clarification of the causes of death occurs without the participation of the management of the enterprise. In this case, after receiving a death certificate, relatives bring it to the place of work of the deceased, where the standard procedure for dismissing the deceased is carried out, in accordance with the Labor Code of the Russian Federation.

If death occurs at work, then in any case an investigation of the accident is appointed, during which they can confirm the non-involvement of the head, or bring him to justice.

Death of an employee on a business trip- this is the most difficult case, in which an investigation is also appointed, where it is established under what circumstances the employee died (during working or free time). According to its results, the head may be required to pay monetary compensation the family of the deceased.

Grounds for dismissal

The regulatory documents clearly state that the manager cannot independently dismiss an employee without documents confirming the death of a person. These are:

• Death certificate from the registry office;
• A court decision in which a citizen is declared dead;
• A court decision in which a citizen is recognized as missing.

If relatives call the enterprise and verbally convey the sad news, or the police report the incident, the manager does not have the right to break labor Relations with an employee without the above documents. This also applies to certificates from medical institutions.

Relatives can provide a death certificate. If there are none, then the employer can independently apply to the registry office to obtain a certificate.

A person is considered dead by a court decision if:

• in law enforcement agencies there is a statement from relatives that they do not know anything about the whereabouts of a citizen for 1 year;
• at the place of residence or registration there is no information about the citizen for more than 5 years;
• The person found himself in conditions that threatened his life. In this case, the person is declared dead after six months by a court decision.

This decision can be appealed only within 1 month after its entry into force. After this period, his appeal becomes impossible.

Without a court decision or a death certificate, no one has the right to dismiss an employee. Another employee can hold the position, but his employment must be temporary. That is, without documents confirming the death of an employee, a workplace is retained for him.

Dismissal procedure

The reason for the dismissal of an employee is. Since the deceased naturally will not be able to write it, the leader must issue an order without one. The basis for termination of employment in this case is the death certificate.

It is very important to know what number to fire a deceased employee. The legislation states that the last working day is the day preceding the day of death. That is, if the employee died on March 6, then the last working day will be considered March 5. BUT date of dismissal March, 6.

The order is drawn up on the day when the relatives of the deceased presented an official document confirming the death of the employee. In this case, the date of death and the date of the order most often do not coincide.

Dismissal procedure deceased employee is quite simple:

1. Based on the documents provided, the head issues dismissal order. A copy of the death certificate or court decision is attached to it.
2. The order is registered in the Order Registration Log.
3. An entry is made in the work book, after which it is issued to relatives.
4. The accounting department calculates the necessary payments.

Relatives who apply for payments and have expressed a desire to pick up the work book of the deceased must have the following documents with them:

1. Death certificate from the registry office + its copy;
2. Court decision or act confirming the accident (in case of death at work);
3. Original documents and its copy (passport) of the person who will receive payments and work book;
4. Sick leave (if death occurred during illness);
5. Invoices or receipts confirming the costs associated with the burial (if relatives claim benefits);
6. Applications drawn up in any form for the payment of the balance wages, material assistance, compensation, etc.

Drafting a dismissal order

The dismissal order must be drawn up in a certain unified form (T-8). The word "dismiss" in such an order is inappropriate to use. It is better to phrase it like this: “terminate the employment relationship” and indicate the reason (in connection with death).

The "Date" field indicates the day on which the relatives provided the death certificate.

It is imperative to refer to clause 4.2 of article 83 of the Labor Code of the Russian Federation. The date of termination of an employee is the date of his death.

The last line “Familiar with the order” remains blank, because the employee cannot do this, and relatives should not do this.

Filling out a work book

After issuing the order, the personnel department of the enterprise must fill out the personal card of the deceased and make work book entry.

All entries in the work book are made in accordance with the Rules for the design of work books. Abbreviations are not allowed.

The first column is numbered sequentially. In the second column, you must indicate the date of death of the employee. In the third, a record is made of the dismissal itself. Just like in the order, the word "dismissal" is inappropriate here. Here is an example of a workbook entry:

The fourth column indicates the number of the order and its date. After all the entries made, the seal of the organization is put and certified by the signature of the head.

Relatives do not need to be introduced to the entry in the work book.

The work book is issued to the relatives of the deceased, after presenting a document confirming their relationship. A corresponding entry is made in the Journal of accounting for the movement of work books, where the person who received the document signs.

If no one applied for personal documents, then the work book is stored until demand.

Calculation of payments

After the issuance of the dismissal order, the accounting department must accrue the appropriate payments. The company can pay the accrued amount within 4 months from the date of death of the employee. If during this period the relatives did not apply, then the entire amount is added to the inheritance. If there is no inheritance, then the money remains with the employer.

Relatives, spouses and persons who were dependents of the deceased can receive payments. If there are several applicants, the entire amount is given to the first applicant. If a dispute arises, you can invite relatives to agree or go to court.

The company must pay the entire amount within 1 week after the relatives apply.

The deceased employee is entitled to payments as in the case of a regular dismissal:

• Salary;
• sick leave;
• All necessary allowances;
• Prizes;
• Compensation for unused vacation.

In addition to them, material assistance to relatives or compensation for burial may be accrued for consideration by the management. The procedure for calculating all payments will be considered in the table.

No. p / p	Name of payments	Accrual procedure	Peculiarities
1.	Wage	Payroll occurs until the day of death. According to the timesheet, the days worked are calculated and the salary is calculated. This takes into account all allowances, bonuses, etc.	The day of death is not paid.
2.	Holiday compensation	The company is obliged to pay compensation for unused vacation. Charges are made in accordance with applicable law. If at the time of death the employee was already on vacation, which he was provided with in advance, then no one returns the money back.
3.	sick leave	If the person died during his illness, then the ballot is closed on the day of death.	Day of death not paid
4.	Funeral Compensation	It is charged on the basis of receipts and invoices provided by relatives. This payment can be received by any person who has spent his personal savings on burials.	From February 01, 2018 it is 5740.24 rubles.

Conclusion

The death of any person is a sad event, especially if he is your subordinate or colleague. Nevertheless, every leader, in order to avoid trouble, must be able to fire a deceased employee. We hope that such cases will be as few as possible. And if they happen, you will definitely know the order of your actions.