What to do if an employee dies. How to correctly formalize dismissal due to the death of an employee

The legislation reflects all possible cases when dismissal of an employee is permitted. One of the reasons for the termination of a previously concluded contract is death.

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Moreover, in the event of death or disappearance, the employee will be fired in any case. The Labor Code of the Russian Federation considers this point in sufficient detail.

Dismissal for such a reason is carried out in a standard manner, but there are some small nuances.

Basic moments

Today, one of the grounds for dismissal, regardless of the will of the employer himself, is termination of the contract due to the death of the employee.

There are some features of the procedure of this type. They must be taken into account.

Before proceeding with the type of procedure under consideration, it is worth familiarizing yourself with the following questions in advance:

• definitions;
• package of necessary documents;
• the legislative framework.

Definitions

In order to avoid all sorts of difficulties when implementing the dismissal process, it is worth first studying the labor legislation affecting this topic.

But to understand regulatory documents, it is necessary to understand in advance the terminology used in them:

• "dismissal";
• “types of dismissal”;
• "severance pay";
• "working off";
• "death".

The term “dismissal” means termination of an employment agreement for any reason. This procedure must be formalized accordingly.

Special documentation established by law is generated. All necessary payments and other manipulations are made.

This process is covered in detail in the legislation in force in the Russian Federation. Full compliance with it is required.

“Types of dismissals” - there are various grounds for termination of a previously concluded employment agreement.

They can be divided into those carried out at the initiative of the employer, as well as at the initiative of the employee.

In the event of the death of an employee, dismissal is carried out at the initiative of the employer. Since the employee simply cannot write a statement on his own.

“Severance pay” is some payment made after an employee leaves the workforce. It includes the following:

• benefits for unused vacation;
• wages for time already worked;
• All additional payments are possible;
• other required monetary payments.

“Working off” is a period of time of 2 weeks that an employee is required to work upon dismissal.

But in the event of termination of the employment agreement due to his death, this is not practiced for obvious reasons. There are no deductions from severance pay.

The term “death” in civil law means a change in civil status. It is confirmed by the relevant document.

Package of necessary documents

Dismissal due to the death of an employee () is carried out in accordance with clause 6, part 1 of this regulatory document.

To implement this procedure, certain documents will be required:

A document on the basis of which you can dismiss an employee due to his death must include some data:

• first name, patronymic, and last name;
• place of registration, date and place of birth;
• place of death, date;
• the corresponding address of the institution that confirmed the event;
• death certificate details;
• detailed details of the person to whom the document was issued.

Problems sometimes arise if a court decision is used as confirmation. But for formation, certain factors must be present:

If there are 2 of the list of documents indicated above, then the employment agreement terminates, regardless of the will of the employer himself, automatically.

But this can only be done within 1 month from the date of formation of the resolution. After this period of time has expired, filing an appeal is not possible.

It must be remembered that the term “dismissed” should not be used in the order, work book and other documents.

The wording “employment contract terminated” must be used. This point is not regulated by law, but is recommended.

That is why, upon dismissal due to death, the employment record will look something like this:

When creating an order, regardless of its type (No. T-8 or another), it is required to reflect the following information:

• first name, last name and patronymic;
• designation of a specific unit;
• rank and profession;
• what are the grounds for canceling a previously concluded agreement;
• full name of the document that confirms the employment relationship;
• signature with a transcript of the executive body of the enterprise.

Particular attention should be paid to the correct preparation of documentation. Because only in this way will it be possible to avoid all sorts of complications in the future.

The legislative framework

It is worth paying close attention to the legislative framework regulating the process of dismissing an employee.

Maximum attention should be paid to the following regulatory documents:

The employer should definitely take into account some provisions of the Civil Code of the Russian Federation.

The most significant regulatory documents include the following:

It is very important to properly complete the work book. This procedure is regulated by clause 37 of the “Rules for maintaining and storing work books.”

This regulatory document, compliance with the stated provisions of which is strictly mandatory for all employers without exception, has been put into effect

A separate point is the transfer of funds. This issue is covered in detail in.

According to this regulatory document, all payments due upon dismissal are transferred to the heirs of the deceased.

It is imperative to take into account these nuances of the procedure for accrual and transfer of funds. Failure to pay their relatives is equivalent to non-payment of wages.

Therefore, punishment can be not only administrative, but also criminal.

Procedure for dismissing an employee due to death

The procedure for dismissing an employee due to his death is completely standard and is carried out in the usual manner, with the exception of some points.

But they must be taken into account. Regardless of the cause of death or missing person, or other circumstances, the standard algorithm is applied.

The following actions are performed:

There are the following features of the procedure of this type:

• the signature of the person being dismissed is not required;
• there is no need to issue a notice of dismissal.

Despite all this, monetary compensation upon dismissal must be paid.

The most significant issues, the consideration of which is mandatory before implementing the procedure in question, are the following:

• formation of an order;
• what date for the procedure to set;
• payments due to the family.

Formation of an order

Today, dismissal can be formalized either by unified legislation or by special order.

But in the event of termination of the employment agreement due to the death of an employee, it is still worth issuing an order. This allows you to avoid making many different mistakes.

If you have no experience, you should first familiarize yourself with a correctly compiled sample.

What date for the procedure should I set?

The immediate day of dismissal of an employee due to his death will always be the date of his death.

Find out what compensation is paid upon termination of an employment contract by agreement of the parties from the article:.

What are the possible grounds for termination of an employment contract at the initiative of the employer?

“Man proposes, but God disposes”
Folk wisdom.

Dismissal of a deceased employee - step-by-step instructions

Dismissal of a deceased employee: grounds

Order to dismiss an employee due to death

1. Death certificate issued by the civil registry office;
2. A court ruling declaring a person dead.

• Full name of the deceased. If an error 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 citizenship stamp, then it is imperative to communicate it orally;
• The exact date of death and location of the incident;
• Medical report;
• Number and details of the official document confirming death;
• Full details of the authority that recorded the death;
• Full name of the citizen to whom the official document was issued.

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

• Inherent in statements from family and friends that during the calendar year there is no information about the whereabouts of the person of interest;
• If at the permanent place of 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;
• If a person disappears due to a threat to life, the court will recognize him as dead after six months from the date of the incident.

The order itself is formed by a HR specialist in accordance with the established form by Goskomstat No. T-8. In the column for the reason for dismissal, a death mark is placed with reference to Part 2 of Article No. 83 of the Labor Code of the Russian Federation. The order states the following phrase: “I have read the order”, but the employee’s signature is not affixed, since he himself cannot affix it for known reasons, and the signature of another person is not legal. So, what should be indicated in the order dismissal of an employee due to death:

1. Full personal data (full name);
2. Profession of the deceased;
3. Reasons for dismissal (the number of the official paper under which the deceased is registered in a special register is written down;
4. The name of the document that serves as the reason for dismissal;
5. Signature of the first head of the institution.

Sample order of dismissal due to death

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

Employment record of dismissal due to death:

Payments in connection with the death of an employee

are issued to relatives who are dependent on the deceased. If there are several, then the first relative who applies receives the payment. In case of controversial issues, it is proposed to divide the amount equally or go to court to defend interests. The company is obliged to pay the full amount to relatives within a week after their application. Payments in connection with the death of an employee accruals are the same as in a standard dismissal of an employee:

• Average monthly earnings;
• Sick leave;
• Allowed salary increments;
• Accrued bonuses;
• Compensation for unused vacation.

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

1. Application for receiving legal payments;
2. A death certificate or court order declaring the employee dead;
3. Applicant's passport;
4. An official document confirming the applicant’s family ties with the deceased.

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 worked. However, every manager and HR specialist, in order to avoid unpleasant situations, must have information on how to legally dismiss an employee due to death.

In some cases, the end of a working relationship with an employee occurs for reasons that do not depend on the parties, that is, the employment contract is terminated due to the death of the employee. Paperwork begins from the moment the employer receives a document confirming the fact of death. It is provided by the relatives of the deceased employee to the organization’s human resources department for dismissal. The documents are:

• certificate issued by the relevant authority;
• a court decision that has entered into legal force declaring a person dead or missing.

The latter is issued if a person is absent for five years at the place of registration. If death from an accident is suspected, the period is reduced to 6 months.

Based on the document provided, the employer issues a dismissal order (Article 84.1 of the Labor Code of the Russian Federation, Federal Law No. 143 of November 15, 1997).

How to file a dismissal

How to fire a deceased employee - information every HR manager needs. Step-by-step instructions for dismissing a deceased employee include a number of steps.

Step 1. On the day of receipt of documents certifying the death of the employee, the HR specialist draws up a dismissal order. It states:

• employee personal data;
• number according to the report card;
• position of the person being dismissed;
• the reason for termination of the employment contract with reference to evidence or a court decision.

Step 2. The dismissal order is signed by the head of the organization.

A common difficulty is the date on which a dismissal order is issued in connection with the death of an employee: when the accident occurred, when the organization found out, when the order was signed. The date of dismissal due to death, regardless of the date on which the documents were issued or provided to the employer, is the day on which the citizen died. This is also true for cases when he was listed as temporarily absent. For example, during a vacation, business trip or during a period of temporary disability.

The basis for dismissal will be a reference to clause 6, part 1 of Article 83 of the Labor Code of the Russian Federation - dismissal due to the death of an employee. The dismissal order is drawn up signed by the head of the organization and entered into the order register. Difficulties are caused by the date of registration and execution of an order upon the death of an employee. This is solved this way: the document is formed on the day on which the employer received death papers from the relatives of the deceased.

Step 3. Make an entry in the work book and personal card.

Step 4. Make payments.

What to write in a work book

Russian legislation provides for the entry into the work book of a notice of dismissal due to the death of an employee. The entry is made by the person responsible for maintaining work books. The employee certifies the wording with the signature of the person responsible and the seal of the organization (if there is one). The column with the employee’s signature remains blank. An entry in the labor record upon dismissal due to the death of an employee is drawn up as follows:

The employment contract was terminated due to the death of the employee, paragraph 6 of part one of Article 83 of the Labor Code of the Russian Federation.

After making all the necessary entries, the book is handed over to the close relatives of the deceased (spouses, children or parents). When transferring to relatives, in the work book, in the column “Employee’s receipt for receipt,” indicate the details of the recipient who signs.

Who should I give documents and money to when dismissing a deceased person?

An important step in the instructions on how to fire a deceased employee is the payment of money. To do this, draw up a settlement note upon dismissal. The paper is prepared by a personnel officer and an accountant. On its basis, compensation for unused vacation is calculated.

We have collected in a table the types of payments due to the employee’s family posthumously.

If an employee has unpaid wages or other amounts that he should have received, then they must be paid to the family of the deceased (spouses, children, parents or dependent person). The relative who applied for funds is transferred all due payments in accordance with clause 6, part 1, art. 8, part 1 tbsp. 127, part 1 art. 140, art. 141 Labor Code of the Russian Federation.

Additional payment will be:

• funeral benefits in the amount provided for by the Federal Law of January 12, 1996 No. 8-FZ “On burial and funeral business.” The first person to apply will receive the funds. Conditions - apply no later than 6 months from the date of death, write an application to receive funds and provide a death certificate from the registry office (clauses 1, 2, 3 of article 10 of the Federal Law No. 8-FZ);
• financial assistance, if it is established by a local act of the organization (Part 1 of Article 8 of the Labor Code of the Russian Federation).

Conditions for accruing funds to relatives:

1. Applying for payment no later than 4 months from the date of death (clause 1 of article 1114, clause 2 of article 1183 of the Civil Code of the Russian Federation). Payments that were applied for later are inherited in accordance with the procedure established by law.
2. Documents confirming relationship have been provided. The list is not normatively fixed. As a general rule, they are:

• passport (identity document);
• papers confirming relationship (cohabitation);
• a statement in a free format that records the date of application and its fact.

The money is paid to the first person who applies for it. The legislator has not established a special procedure. When relatives contact each other at the same time, the issue is resolved independently within the family. A joint statement should be obtained from them. If a common decision is not reached, it is submitted for judicial review.

How are payments subject to personal income tax?

The employer does not impose personal income tax on the deceased’s salary transferred to relatives (clause 3 of article 44, clause 8 of article 217, clause 4 of article 226 of the Tax Code of the Russian Federation).

Financial assistance is not subject to personal income tax provided it meets two parameters (clause 8 of article 217 of the Tax Code of the Russian Federation):

• accrued to family members of the deceased;
• paid in a lump sum (letter of the Ministry of Finance of the Russian Federation dated October 31, 2013 No. 03-04-06/46587)

How to receive the funded part of your pension

Legal successors claim to receive savings according to a certain algorithm.

Step 1. Submit an application for payment of savings to the fund in which the funded part of the pension is located (PFR or NPF). The document is sent before the expiration of 6 months from the date of death. Missing a deadline is subject to restoration through the court.

Required package of documents:

• passport (other document for identification);
• documents confirming relationship with the deceased;
• death certificate;
• SNILS card of the deceased (a document from the territorial body of the Pension Fund of the Russian Federation, where this SNILS is indicated).

Step 2. Receive a receipt for registration of the appeal.

Experts will tell you how to draw up documents in the event of the death of an employee, how to correctly indicate the date of dismissal of the employee, and who to pay the salary that the employee did not receive during his lifetime.

From the article you will learn:

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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 should I submit? Which put the date on the dismissal order deceased employee? Who will receive the salary that the employee did not receive during his lifetime? Our article will help you not to get confused in a difficult situation.

What document will confirm the death of an employee?

If an employee does not show up for work, try to find out the reason. The employee may be in the hospital, absent from work without good reason, or missing. IN time sheet, if the employee was absent for unknown reasons, enter no-show.

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

• the employee has passed away, which is confirmed by a death certificate issued by the civil registry office;
• the court declared the employee dead or missing, and there is a court order about this.

Therefore, initially request a death document from relatives, employee representatives or the court in order to formalize order to terminate an employment contract. Note that in practice, there is often no need for an organization to independently request a document. The relatives of the deceased employee, as a rule, provide all the necessary data themselves.

But, if the document is not submitted by relatives 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 of dismissal due to the death of an employee. We clarify that this ground for termination of an employment contract is considered to be caused by reasons beyond the control of the parties. And such dismissal is carried out on the basis of paragraph 6 of part one of Article 83 of the Labor Code of the Russian Federation.

Registration of dismissaldue to the death of an employee

So, if you are faced with the need to register termination of the employment contract Due to the death of an employee, you must act as follows.

1. Obtain from relatives the death certificate of the employee. Based on this document, prepare personnel documents;

2. Complete the dismissal order and the employee’s work record book.

Let us immediately note that upon dismissal due to the death of an employee, a standard set of documents will need to be completed. This:

• order on termination of the employment contract;
• work book of the deceased employee;
• personal card employee.

Sample order of dismissal due to the death of an employee

When there is a termination due to death, the date of termination is important. Here it must be said that the date of dismissal will always be recognized as the day of the employee’s death. You will receive this information from the death certificate provided.

It is quite obvious that directly on the day of death dismissal order cannot be published. The employer learns 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 of dismissal (date of death of the employee).

Order to terminate an employment contract (dismissal) due to the death of an employee

Attention! The order to terminate the employment contract must be issued on the day when the death of the employee became known. Complete documents only if you have a document confirming this fact of death.

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

Example

The organization worked as a cashier-operator. As a result of a traffic accident, the employee died in the hospital on August 12, 2019. The employee’s relatives were able to provide the employer with a death certificate only on August 20, 2019. In such circumstances, the day of termination of the employment contract will be August 12, 2019, and the corresponding order must be issued on August 20, 2019.

But in the event of death, everything is not always clear. For example, a situation is possible when an employee is declared dead based on 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: on what date will the employment contract be terminated?

In this situation, the dismissal must be formalized on the day when the court decision establishing the fact of the employee’s death comes into legal force. This conclusion follows from paragraph 3 of Article 45 of the Civil Code of the Russian Federation.

The termination order is issued according to the general rules. It makes reference to the corresponding norm: paragraph six of part one of Article 83 of the Labor Code of the Russian Federation. The order can be drawn up according to the unified form No. T-8. But, as you know, organizations have not been required to use unified forms for a long time. Therefore, if your organization has developed and approved its own samples, draw up a document in your own form.

Registration of a work book for a deceased employee

Here we note that the death of an employee is not a basis for refusing to make entries in work book. Upon dismissal on this basis, the work book is drawn up according to the general rules.

The only thing I would like to draw attention to is the incorrectness of using the word “fired” in such a situation. Therefore, when making an entry in the work book, use the wording: “ 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 procedure for making an entry is as follows:

1. In column 1, enter the serial number of the entry;

2. In column 2, indicate the date of death of the employee, which is reflected in the death certificate;

3. Make the above entry regarding the termination of the employment contract;

Work book (fragment). Registration of dismissal of an employee due to circumstances beyond the control of the parties (due to the death of an employee)

It is quite obvious that in this situation the dismissal record is certified only by the employer. It is necessary to affix the signature of the person responsible for maintaining work records and the company seal. Let us remind you that in normal circumstances, the dismissal record is also certified by the employee himself with his signature.

To complete your dismissal in two steps, use the wizard for filling out a work book from System Personnel.

Filling out a personal card

Just as in a standard situation, the employer reflects the fact of dismissal in the employee’s personal card. Here you also need to make a reference to clause 6 of part 1 of article 83 of the Labor Code of the Russian Federation. The line “Employee (personal signature)” remains blank.

Who should receive the wages of a deceased employee?

Most often, on the day of the employee’s death, the organization has funds that were not received by the deceased employee as wages. And the employer has a question about what to do with this money.

Important! 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.

In addition to the amount of lost wages, the employer must give the employee’s relatives:

• compensation for unused vacation(provided that the employee did not manage to take all the vacation days allotted to him;
• temporary disability benefit. Such benefits are paid if the employee was ill before his death and did not have time to receive the sick leave benefits due to him.

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

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

1. employee's death certificate;
2. a statement written by a relative regarding the payment of amounts due to the employee;
3. passport or other document that identifies a family member;
4. a document confirming the fact of relationship with the employee;
5. an extract from the house register, 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 released 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 employer’s procedure - funds must be paid to the employee’s family members. And if you transfer funds to an employee’s bank card, a dispute may arise with family members.

Issuance of a work book for a deceased employee

The employee’s work record book must also be given to his relatives. The person who applied for the work book of a deceased employee with a written application must confirm his family relationship with him. The work book can be handed out or sent by mail. If you issue a work record, the relative must sign the work record book and indicate the date of receipt of the document.

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. Work books and their duplicates, which were not received by his immediate relatives in the event of the death of an employee, are stored until required by the employer.

Relatives of a deceased employee may need other documents related to his work. Provide upon written application no later than three working days:

• a copy of the order for employment, orders for transfers to another job, order for termination of the employment contract;
• a certificate of salary, accrued and actually paid insurance contributions for compulsory pension insurance, and the period of work with this employer;
• a copy of the employment contract and other documents.

Receive a receipt confirming the issuance of documents. On the receipt, ask the employee’s relative to indicate:

• his last name, first name and patronymic; passport data;
• details of the employee's death certificate;
• the fact of receipt of documents related to the work of the deceased.

Proceed with paperwork only after you receive the employee's death certificate or court order. Based on them, draw up a dismissal order, the date of which does not always coincide with the date of death. Issue the work book of the deceased employee and other documents related to his work, upon a written request from his relatives.

Unfortunately, such an unpleasant situation as the death of an employee can happen at every enterprise and in every organization. In this case, the personnel officer must focus on the documentation of the deceased employee and other related documents. It is worth noting that dismissal due to the death of an employee is carried out according to a slightly different procedure than ordinary dismissal at the request of an employee or administration.

The legislative framework

All issues related to this are regulated, as is known, by the Labor Code. In Art. 83 states that an employment agreement can be terminated for reasons beyond the control of the parties. According to paragraph 6 of the same article, such grounds include the death of an employee.

How to formalize dismissal due to the death of an employee?

If we consider the general dismissal procedure, it goes like this:

The employee writes a statement (if he leaves work of his own free will) or the employer sends a notice to the employee (if the employee quits on the initiative of the manager);

On the last working day, the employee receives a paycheck, work book and other documents. Sometimes severance pay may also be paid.

As you understand, a deceased employee, naturally, will not be able to perform all of the above actions. In connection with the death of an employee, the dismissal procedure is slightly different.

Order or order?

It is still more correct to formalize the termination of a relationship with an employee by order of the T-8 form. The corresponding order must necessarily coincide with the date indicated on the death certificate. Since this document does not always arrive at the enterprise exactly on the day of the person’s death, many HR workers do not know what to do. In this case, you can make an exception and apply the dismissal due to death retroactively. Such an action will not be considered a violation.

Labor book

After issuing the order, you must also enter the following in this document: “The employment agreement was terminated due to circumstances beyond the control of the parties - due to the death of the employee.” And then indicate the article according to which the dismissal is carried out in connection with the death of the employee, namely clause 6 of article 83. The document itself is either handed over personally to relatives based on their application, or sent to the address indicated by the employee when applying for a job.

Payment of wages

If the employee did not manage to receive his salary, then it should be given to the person who was dependent on the deceased, or to his close relatives. At the same time, it does not define who is considered a close relative. However, this concept is specified by the Family Code. Close relatives are considered:

Children (including adopted children);

Spouses;

Parents (adoptive parents are also included here).

It is also worth noting that when calculating payments to the deceased, the amount for unearned vacations cannot be withheld.

Estate of a deceased employee

When paying money due to the deceased, it is necessary to take into account not only labor law, but also inheritance law. Thus, Article 1183 of the Civil Code states that all amounts that must be paid to an employee under an employment contract are transferred to his dependents or family members who lived with the deceased employee. The Labor Code does not have a deadline within which payments must be made, but it is provided for in the Civil Code and is 4 months from the moment the inheritance is opened. Such a day will be the day of death of the employee. That is, it turns out that within 4 months after the death of an employee, the organization where he worked must make all payments that are due to the deceased employee and issue them to interested parties.

As you can see, in order to correctly formalize the dismissal of an employee who has died, it is necessary not only to know the articles of dismissal of the Labor Code of the Russian Federation, but also to be aware of how to make an entry in the work book, write the appropriate order and pay the relatives of the deceased the amount of money due to him. If no one comes for the work book, it must be stored in the personnel department separately from the documents of other employees for 2 years. If it is not taken away during this period, such a document is sent to the archives of the organization, where it will remain for 50 years. And only after that it will be possible to eliminate it.

Dismissal due to the death of an employee is a complex process, not so much legally as morally. But if such an unpleasant situation does occur in your organization, you will already know how to terminate the employment relationship with a deceased employee in accordance with all the rules, without breaking the law.