Payments upon dismissal due to the death of an employee

The procedure for dismissing an employee is not the most pleasant. An employer cannot fire an employee without cause, otherwise the person who violated the requirements of the law will be held accountable. The procedure is regulated by labor law. And violating the established procedure can lead to serious problems with the law, even if a previously employed employee died. Dismissal of an employee due to death also requires compliance with established rules, and violation of them will lead to punishment. The procedure for dismissing an employee for this reason differs in many ways from the procedure for dismissal for other reasons.

The procedure for dismissing an employee and the main reasons

The process of dismissing an employee is regulated by the norms of the Labor Code of the Russian Federation, as well as personal and collective agreements and the rules established in the organization.

Termination of labor relations occurs in several ways:

1. At the will of the employed person. Then the initiator of the process is the employed person, who independently, at his own request, submits an application to the director of the organization or the head of the department. You must contact your employer with this requirement 14 days before the expected date of dismissal from your position. During this period, the application can be withdrawn if an order has not been issued before. The employer has the right to release the employed person before this period. Also, this period is not taken into account if the employer violated the terms of the employment agreement or committed actions that violated the rights of the employed person.
2. Cancellation of a contract by mutual consent of the parties to legal relations. Participants in legal relations regulated by articles of the Labor Code independently establish the terms for releasing a person from official obligations.
3. Cancellation of the agreement at the request of the employer. The employer, if there are compelling reasons specified in the regulations, may terminate the transaction on his own initiative. Then the employee's consent is not required. Basically, dismissal at the initiative of the employer occurs when employees violate labor discipline, established safety rules, or due to staff reduction.
4. Termination of a contract due to factors independent of the wishes of the participants in legal relations: restriction of a citizen’s legal capacity, recognition of him as dead or missing, or his death.

Labor legislation protects the rights and interests of both employers and employees. Therefore, the employer has the right to terminate employment contracts only if there are compelling reasons. Removal of an employed person without the grounds specified in the law or contract is not permitted. Otherwise, the person whose rights have been violated may file a lawsuit.

What documents are needed

To receive funds, you must prepare a package of documents, which includes:

• passport of the citizen who applied for compensation;
• a copy of the document confirming the death of the employee. If he is declared dead by the court, then an extract from the court decision is required;
• a document that confirms the existence of family ties between the deceased employee and the one who wishes to receive funds;
• an application addressed to the manager with a request for payment.

Information

There is no unified application form, so it must be submitted in a free but written form. The paper is written addressed to the head of the enterprise where the deceased was officially employed.

The influence of the place of death of an employee on the course of the procedure

The procedure for carrying out the dismissal procedure in connection with the death of an employee is determined by Art.
83 Labor Code of the Russian Federation. The course of the procedure is influenced by the place and time of death.

Since the employee could die:

• when fulfilling his work obligations - he was at the workplace, on a business trip, etc.;
• in free time from work: on vacation, on weekends, etc.

Thus, when an employed person dies at work or while fulfilling work obligations, a separate investigation is ordered. During the investigation, it is established what could have led to the death (work activity or not) and whether the employer was involved in the accident.

Situations where a person died on a business trip are particularly difficult. Since it is difficult to accurately determine whether the deceased was engaged in labor activity at the time of death or not. Depending on the outcome of the investigation, the amount of compensation that is due to the relatives of the deceased person is determined.

When the death occurs during free time from work, the employer is not involved in the investigation.

Who can receive payments and benefits

If a person died while in an official labor relationship, then all payments from management must be made to his immediate family. Such as:

• husband/wife;
• parents;
• children;
• persons who were actually dependent on the deceased. This is stated in Art. 141 Labor Code of the Russian Federation;
• other relatives if the deceased does not have first-degree heirs.

It is enough for the closest relatives to present documents confirming their relationship with the deceased. This could be a marriage or birth certificate, certificates from the registry office, or so on. But, if a dependent applies for money, then you need to present a court decision recognizing him as such.

Grounds for termination of an employment contract due to the death of a party

The employer does not have the right to terminate the contract without documentary evidence of the death of the employee.

To cancel the agreement, the employer will need to have a copy of:

1. A paper issued by the Civil Registry Office, which proves the death of an employee (death certificate).
2. A judicial act according to which a citizen is declared dead.
3. A judicial act, according to which a citizen is recognized as missing and subsequently deceased.

The list is closed.

These papers must indicate the following:

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• details of the deceased: full name, year and place of birth;
• date and place of death;
• full name of the institution that prepared the document;
• registration number;
• day of issue and signature of the head of the department or institution.

Documents can be handed over by close relatives of the deceased.

You can terminate the contract only if you have the original document or its notarized copy. If the employed person did not have close relatives, the employer has the right to obtain a certificate himself.

It is impossible to issue an order without these documents, even if the employer was informed about the death of the employee by his close relatives, police and hospital workers.

What date is the order issued?

An important point will be the correct determination of the date that will appear in the dismissal documents. According to the general rule of law, termination of the contract occurs upon notification of the death of a person, with all documents dating the day of death indicated in the submitted certificates.

Difficulties regarding what date to fire a deceased employee arise when the day of death falls on a non-working day, sick leave, or vacation. In such situations, one should proceed from the logic that it is not possible to extend the contract until the next working day or the end of vacation if, judging by the documents, the person is already considered dead.

Thus, all personnel documents and calculations are made on the date indicated in the death certificate issued by the registry office, or on the day the court decision is issued.

Download the order of dismissal due to the death of an employee (standard T-8 form is used): Order to terminate a trade agreement with an employee. Form T-8 (41.5 KiB, 1,078 hits)

Determining the date of the last working day and the date of termination of employment

The day of termination of contractual obligations is considered the day of death of a person.
The last working day is the day preceding the accident or the day the accident occurred. So, for example, if a person died on March 15, the document was issued on March 20, but relatives handed it over a few months later - on July 14, then the document terminating the employment relationship will indicate the last date - July 14. But the date of the last working day will be March 15.

The dates are also indicated in the order if the person was declared dead or missing. The day of death will be the day the judicial act acquires legal force. And the last working day will be considered the date of the last visit to work.

The following facts do not affect the date of termination of the contract:

1. The death of an employee that occurred while he was on sick leave.
2. Death occurring while on vacation.
3. Death on a business trip.
4. Death on a weekend or holiday.

Even in such cases, the dates are set in the order as described above.

Dismissal procedure

Before considering the specifics 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 notice to the employee (if the initiator is the employer)}
• an order or instruction is issued for the enterprise}
• on the last working day, the employee receives full payment: he takes the money and documents due to him.

In this case, 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 includes:

• wages accrued to date}
• bonus accrued to date}
• all allowances, incentives and similar amounts provided for in the wage system at the enterprise}
• compensation for unused calendar vacation days.

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

Procedure for registering the dismissal of an employee due to death

Registration of dismissal due to the death of an employee has many differences from registration of dismissal for other reasons. Since in the second case the employer will only need the signature of the second party.

The procedure for formalizing the termination of employment relations with a deceased citizen begins with obtaining evidence confirming the fact of death. These documents must be certified by a seal. Relatives of the deceased person can provide the organization with original documents. And the organization’s employees must make copies of them and certify them with their own seal.

After receiving evidence, termination of employment relations is carried out in several stages, with the following sequence:

1. Making an order. The order must contain complete information about the deceased person: full name, year of birth, personnel number, reason for termination of the employment relationship. An order is issued not for dismissal, but for the termination of legal relations between the parties in connection with the death of one of them, since the death of a person is one of the reasons for the termination of the contract. Proof of death must be attached to the order: a certificate or a judicial act. The order must bear the seal of the organization and the signature of its leader.
2. A notice of termination of legal relations is being prepared. The notice specifies the date of termination of legal relations (day of death) and the basis for termination of legal relations. The box in which the employee usually signs remains empty.
3. After this, the personnel officer transmits information about the employee (number of days worked, overtime worked, information about unused vacation) to the accounting department, which calculates the amount of due payments: vacation pay, wages for days worked, bonuses and more. If an employee had debt obligations to the organization in which he was employed, or to colleagues, the debt does not pass to his legal successors.
4. A corresponding entry is made in the card and work book of the deceased person.

Everywhere where the employee should have signed, there remains an empty column. No one has the right to sign there.

What to do with labor

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

In column 2 you need to 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.

A spouse or one of his relatives can apply for the work book of a deceased employee. To obtain a work book, relatives need to provide the following documents to the organization where the person worked until the moment of death:

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

HR department employees should file copies of these documents in the personal file of the deceased employee.

If no one comes for the work book, the organization is obliged to keep it for 75 years (clause 664 of the List, approved by Order of the Ministry of Culture of Russia dated August 25, 2010 N 558). If several relatives applied for the document at once, independently of each other, the work book should be issued to the first one to submit the application. The rest are provided with a certificate indicating the details 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 deceased’s funded pension. In addition, the fact of transfer of the work record book indicates that the company has no material claims against the deceased employee.

The entry in column 3 “Work information” for dismissal due to the death of an employee (entry in the labor record 2019) is formulated in accordance with Art. 84.1 of the Labor Code of the Russian Federation and clause 5.4 “Instructions for filling out work books” dated October 10, 2003 No. 69.

When the order is issued, an entry is made in the work book in the organization’s personnel department and the deceased’s card is filled out. Entries are made in accordance with the federal rules for registering a work record book. All names and positions are written in full.

The fourth column contains the order number and date of completion. At the end, a record is made with the seal of the organization, it is certified by the signature of the director. Relatives do not need to be introduced to this process.

If no one comes to pick up the documents, the work book will be kept in the organization until required.

Entry in the work book in connection with the death of an employee

The HR specialist makes an entry about the termination of the employment contract in the employee’s record book. Column 1 indicates the entry number, and column 2 indicates the date of termination of the agreement.

The text in column 3 must contain a reference to clause 6 of Art. 83 of the Labor Code of the Russian Federation and for a document that confirms the validity of making an entry (certificate or court decision). Column 4 indicates the details of the order.

It is also possible to send the document by mail if the organization has received a written application from relatives with a corresponding request. This procedure is provided for by the Decree of the Government of the Russian Federation dated April 16, 2003 “On work books”.

Note! If the document has not been claimed, then it must be stored for 75 years. This requirement is contained in the List of standard management archival documents approved by Order No. 558 of the Ministry of Culture dated August 25, 2010

Making an entry in the work book

Even in case of dismissal due to death, the employer must make an entry in the employee’s work book.
When entering data into the work book, it is advisable to make a reference to Article 83 of the Labor Code. After the work book is completed, it must be handed over to the relatives of the deceased.

These include:

• husband and wife;
• father, mother, sister or brother;
• adult children.

By handing over the work book, the employer confirms the fact that he has no claims against the deceased person and his successors.

Persons who have received a work permit must contact the tax authority and the Pension Fund of Russia to receive the pension savings of the deceased person. After receiving payment from the Pension Fund, you must return your work book.

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In order for an organization to provide a work book and other papers of a deceased person, it will require:

1. Write an application addressed to the head of the organization for the provision of papers. You can request a sample application from the organization or write it in free form. It is advisable to have 2 copies of the application, since one is sent to the head of the institution, and the second remains with the addressee. On the second copy, the organization's employees must put a stamp of the institution with the date of acceptance of the application. If the head of the institution does not give an answer or unreasonably refuses the applicant, then these papers can be used to go to court.
2. Attach to the application a copy of proof of the person’s death, a copy of an identity card, a copy of a paper proving a family relationship, or a notarized copy of a power of attorney for representation.

The application is submitted to the organization’s office or reception.
Documents of the deceased person can be provided immediately or after some time (15 days). When transferring documents, the organization’s personnel makes a record of the issuance of papers in the accounting journal. In the place where the employee should have signed, the person to whom the papers were issued is recorded.

If a person is unable to hand over the application in person or receive a response, he may send it by mail (the mailing receipt should be kept). In this case, the application should write about the inability to appear in person for an answer and ask to provide an answer by sending it to the specified address.

Step-by-step instruction

The entry of any data into the labor report is carried out on the basis of a document sent from the manager. In the event of the death of an employee, the employer issues an order in Form T-8 to terminate the contract that was previously signed with the person. An order can only be created if there are documents confirming the fact of the person’s death - a death certificate or a court decision declaring the person dead.

The responsible person is obliged to enter the following information into the work record:

• serial number of the entry being made, the numbering must be continuous:
• date of entry - it should advise the date on which the order was issued. The document indicates the day and month using a two-digit number, and the year using a four-digit number. For example, if the employment contract is terminated on March 21, 2020, then the entry “03/21/2018” is made in the employment contract. At the end, placing the word “year” or its abbreviation “g” is not required;
• the reason why the employment agreement is terminated. This information must be entered in strict accordance with the requirements of the Labor Code of Russia and the wording specified therein. In the event of the death of an employee, it is indicated that the employment contract is terminated due to the death of the person. In this paragraph, the responsible person is obliged to make a reference to the relevant article of labor legislation - clause 6, part 1 of art. 83;

It is important to know! When making entries, use abbreviations, for example, “st.” instead of "article" or "p." instead of “item” or abbreviations are unacceptable. An employee of the HR department is required to indicate the exact name of the document and article... details of the document on the basis of which data is entered into the employment record - an order to terminate the employment contract

This information is entered without abbreviations

details of the document on the basis of which data is entered into the employment record - an order to terminate the employment contract. This information is entered without abbreviations.

Sample entry in the work book about dismissal due to death

After filling out, the employee must certify the entry with the seal of the organization and his signature with a transcript and indication of the position.

The document must be handed over to the relatives of the deceased employee. To do this, they must provide a document confirming the fact of the person’s death, and also write a statement.

If the employee’s relatives for some reason cannot appear in person to collect the work permit, then they can send all documents to the organization using a registered letter with notification of receipt. The application must express a request to send the work by mail.

If there is no request from relatives, the employer is obliged to draw up a notification about the need to receive documents and cash payments. After sending the notification, the organization will be relieved of all responsibility for failure to issue the document. If after a while none of the family members of the deceased employee showed up, then the book remains in storage in the organization and after a certain period of time is transferred to the archive, where it is destroyed after 75 years.

After receiving confirmation of the death of an employee, the head of the organization must issue an order to terminate the employment contract. Based on it, the personnel employee makes an entry in the labor record. This procedure is mandatory and strictly regulated. If the entry was made with errors or incorrect wording was used, then the person who filled out the work report is held accountable. If an error is detected in a timely manner, the employee can contact the head of the organization with a request to make changes to the record. In such a situation, the decision to hold a person accountable rests with the manager.

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Calculation of payments upon dismissal of an employee due to death

The funds due to the deceased person are transferred to his relatives. Within 7 days of receiving evidence confirming the death of the employee, the accountant must calculate the exact amount to be paid.

When calculating payments due to a deceased citizen, the following must be taken into account:

1. Salary for time worked.
2. Vacation pay if vacation was not used.
3. Benefit.
4. Salary increases.
5. Rewards and bonuses.
6. Compensation for harmful working conditions, compensation for hours worked in excess of established working hours.

If the relatives of the deceased are not provided with the required payments, the employer may be held liable. To do this, persons whose rights have been violated must first send a pre-trial claim to the violator. And if, within the period specified in the claim, the person does not transfer the due payments, then he should go to court.

If the employer is found to be at fault in the death of a citizen, then compensation can be recovered from him in court. The amount of compensation depends on many factors: the degree of guilt of the employer, the marital status of the deceased, the presence of dependents, etc. Children left without a parent due to the fault of the employer must be provided for by the guilty person until they reach adulthood (but only if there is a court decision that has entered into force).

Dismissal due to the death of an employee is taxable. The tax is calculated from the employee’s salary and is 13%. However, the relatives of the deceased person are paid the full amount without any deductions. Tax and other payments are paid by the employer.

Grounds for dismissal

Let's return to the issue of paperwork. The Labor Code states that dismissal of an employee due to death is possible only upon presentation of documents confirming death:

• death certificate obtained from the registry office;
• a court decision according to which a person is declared dead;
• a court decision in which a citizen is declared missing.

A citizen is declared dead by a court decision in the following cases:

• relatives filed a statement that they do not know about the person’s whereabouts for 1 year;
• there is no information about the citizen at the place of residence or registration for 5 years;
• if a person finds himself in circumstances that threaten his life (for example, a natural disaster), then by a court decision the citizen is declared dead after 6 months.

You have 1 month to appeal the court decision. During this time, another person may occupy the position, but the employment is considered temporary.

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/ / 06/02/2018 280 Views 06/03/2018 06/03/2018 06/03/2018 Let us remind you that these documents include:

1. documents indicating the identity of the relative claiming his rights and confirming his relationship with the deceased (if necessary).
2. a document confirming the death of a person;
3. application from a relative to receive funds;

All payments are accounted for in a document drawn up in Form T-61: Form T-61 At the request of the employer, it is also possible to pay social assistance to relatives, as well as to process compensation for funeral expenses.

The loss of a family member is a huge challenge for family and friends. Info The company can pay the accrued amount within 4 months from the date of death of the employee.

Attention: If during this period the relatives have not applied, then the entire amount will be added to the inheritance. If there is no inheritance, then the money remains with the employer. Important Relatives, spouses and persons who were dependent on the deceased can receive payments. If there are several applicants, the entire amount is given to the first applicant.

If a controversial situation arises, you can invite relatives to come to an agreement or go to court. The company must pay the entire amount within 1 week after the relatives apply.

You can also download this sample. Dismissal by death: entry in the work book The following entry must be made in the work book of a deceased employee: Entry number Date Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating the reasons and reference to the article, clause of the law) Name, date and number of the document on the basis of which the entry was made day month year 1 2 3 4 Limited Liability Company "Silk Road" (LLC "Silk Road") 4 01 03 2013 Admitted to the information technology department as head of the department Order dated 03/01/2013 No. 2/p 5 01 12 2020 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 Order of December 5, 2016 No. 26/u Specialist Krylova S.L.

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How to issue a dismissal order upon the death of an employee

For registration, you can use the standard T-8 form. Read also the article: → “Form T-8 and T-8a. Order to dismiss." The order is formed on the basis of a certificate confirming the death of the employee, or a judge’s decision to declare him dead. Filling out an order using a standard form is carried out as follows:

According to the order, the last section of the T-2 personal card is drawn up, where the fact of dismissal and the wording of the grounds are recorded. The field for entering the signature of the person being dismissed is not filled in.

Example of an order: