Record in labor on death sample. Instructions: how to fire an employee due to death. Issuance of a work record book of a deceased employee

Unfortunately, the employee's death is also on the list of grounds for terminating an employment contract. Moreover, it is not so rare as it might seem at first glance. Employees of personnel services of large enterprises, where the staff can be tens of thousands of people, from time to time are forced to draw up many documents related to the termination of an employment contract, guided by Article No. 83 of the Labor Code of the Russian Federation.

On the one hand, this is just one of the situations provided for by the current legislation, on the other, it is a delicate topic when it is necessary to make payments to the relatives of the deceased, as well as to draw up all the necessary documents as correctly as possible, taking into account all the nuances of this process.

To date, the Labor Code clearly defines the procedure for terminating labor relations between an employer and an employee in connection with the death of the latter.

The norms of the Labor Code of the Russian Federation

In this situation, the wording is of paramount importance. From the point of view of the law a deceased person cannot be fired... Accordingly, the entry in the labor force “dismissed due to death” would be a gross mistake.

It would be correct to say: the employment contract was terminated due to circumstances beyond the control of the parties.

It is with this formulation that article No. 83 appears in the Labor Code of the Russian Federation. The situation considered in the article is spelled out in the 6th paragraph of the 1st part of this article.

As in all other cases preceding the termination of employment, the employer must document this by issuing an appropriate order. Based on the general provisions of Art. 84.1 of the Labor Code of the Russian Federation, the employee is obliged to familiarize himself with the content of this order and confirm this in writing. Of course, this cannot be done in the presented case. The law does not say anything about the fact that the relatives or other representatives of the deceased must put their signatures in the order, therefore the column of the document, which says that the employee is familiar with him, remains empty.

What is the date of the dismissal order

A document serving as a legal basis for terminating an employment contract under clause 6 of part 1 of article 83 of the Labor Code of the Russian Federation is in accordance with Federal Law No. 143-FZ of 11/15/1997 death certificate, which is issued by the civil registry authorities.

This is an important nuance, meaning that oral or written messages from the relatives of the deceased, employees of internal affairs bodies or medical workers. institutions cannot be considered a sufficient basis for starting the process of documenting the termination of an employment contract. Accordingly, this order cannot be dated with a date earlier than that indicated on the death certificate.

As a rule, an official document confirming the death of a person arrives at the personnel service after some, often very long, time.

However, in the order itself, the employee's last working day is recognized as the day preceding his death, or, for example, if he died during the working day, this date should be considered the last working day.

For example, a person died on June 15, the death certificate, in which this date is recorded, was received by the relatives on June 30, and this document was provided at the place of work of the deceased on September 5. In this case, the corresponding order must be dated September 5, however, according to Art. 84.1 of the Labor Code of the Russian Federation should be reflected that the last day when the employee performed his labor duties is June 14, if the next day the person did not go to work.

The same is with the situation when the employee was declared dead by the decision of the judicial authority. The date of death in this case will coincide with the date of entry into force of the court decision, and the last working day will be the last day of his actual return to work.

Procedure for HR personnel

There is a fairly clear algorithm of actions in such situations, which can only slightly change depending on specific circumstances:

  1. First of all, a human resources employee needs to obtain an official document (or an appropriately certified copy) certifying the death of a person. In addition to the actual certificate of the established form, issued by the registry office, this may be a decision of the judicial authority to establish the fact of death or to declare a person dead. It is the data from this document that will be used to justify the termination of the employment contract under the circumstances provided for in the 6th paragraph of the 1st part of the 83rd article of the Labor Code of the Russian Federation.
  2. Further, the head of the organization in the corresponding document orders the termination of the labor contract. The dated order must be the day the personnel department received the document confirming the death of the employee. The order is issued according to the unified form No. T-8, which was approved by the State Statistics Committee on April 5, 2004. In general, this is a standard document, with the exception of the absence of the employee's signature that he is familiar with the order.
  3. The issued order must be properly registered in the orders.
  4. Next, you need to make the necessary entry in the employee's work book. In accordance with clause 17 of the rules for maintaining and storing labor, which were approved by the Government decree (No. 255 of 04/16/2003), in the event of the occurrence of the circumstances provided for in part one of Article 83 of the Labor Code of the Russian Federation, the necessary entry is entered in the book with the obligatory indication of paragraph of this article, which served as the direct basis for the termination of employment. At the same time, in the second column, the date of death is prescribed in accordance with the data from the document confirming this fact.
  5. An employee of the personnel department is obliged to make a copy of the labor one for storage in the archive of the enterprise.
  6. The work book must be issued to the relatives of the deceased. Relatives must present a document confirming the relationship (marriage certificate, passport, birth certificate, etc.). An employee of the personnel department is obliged to make copies of these documents, certify them and file them to the personal file of the deceased. Also, at the request of relatives, the labor can be sent by registered mail with a mandatory list of attachments and a receipt notification to the recipient. In this case, an entry is made in the accounting book, which contains the details of the receipt received at the post office.
  7. It is necessary to carry out a full cash settlement with the relatives of the deceased.

You can see the procedure for preparing this document in the 1C program in the following video:

Calculation and procedure of cash payments

This amount usually consists of two parts, although in some cases additional payments are possible:

  • Firstly, these are the funds that must be paid to the leaving employee in the manner prescribed by law. This means monetary remuneration for labor, taking into account all additional payments, bonuses, regional coefficients and other allowances.
  • In addition, it can be other payments provided for by legislative acts or an employment contract.

All these amounts are paid exclusively to close relatives of the deceased, and only in their absence, the calculation can be made with relatives of the second and subsequent stages. Here you need to refer to the articles of the Family and Civil Code. It clearly states that this category includes spouse, children or parents of a citizen.

These persons must be provided to the accounting department of the enterprise where the deceased worked, documents confirming relationship and identity. In the event that several eligible relatives claim to receive money at once, it makes sense to turn to Article 1183 of the Civil Code. It says that payments similar to those under consideration should be received by family members who lived together with the citizen before his death, as well as disabled dependents, regardless of whether they lived together or not.

According to Art. 1114 of the Civil Code of the Russian Federation, interested persons can present the rights to receive these payments within 4 months.

If this does not happen, then all amounts are included in the common inheritance, and the measures provided for by the relevant articles of the Civil Code are applied to them.

Another approach to payout social allowance for burial... Any person who financially provides the funeral of the deceased can apply for it. In order to receive the allowance, in addition to the application and the death certificate, it is necessary to provide, in addition to the application and the death certificate, any payment document established by law confirming the costs of the funeral rite. It is understood that this payment must be made on the day of application and submission of all the necessary documents. However, you can apply for benefits only within six months from the date of death of a person.

In addition to the considered payments, the employer can provide financial assistance to the relatives of the deceased employee.

Such payments may be provided for by a collective agreement or other regulations of the enterprise.

Finally, if, in accordance with a court decision, certain deductions were made in favor of third parties or the state from the monetary remuneration of a deceased person (fines in criminal cases, payments for claims, alimony, etc.), then in this case the HR officer is obliged notify the bailiff in writing about the termination of the employment contract of the debtor employee.

Popular wisdom says: "Man proposes, but God disposes." This also applies to the question of life and death. If you work in the HR department, you will not only have to hire new employees, but also, possibly, formalize the dismissal of people after their death.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how to solve exactly your problem - contact a consultant:

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If you want to know the sequence of actions in difficult and delicate circumstances, it will be interesting for you to read the theory.

Normative base

They are fired both upon death, and in ordinary cases - by special order. It's just that this time it has a different regulatory framework.

It is drawn up on the basis of the eighty-third article of the Labor Code of the Russian Federation, which sounds like "under circumstances beyond the control of the parties."

After the order is issued, the accountant calculates the amount of required payments. They are received by the relatives of the deceased person.

Supporting documents

Relatives must confirm the death of the employee by bringing to the HR department:

  • death certificate issued by the relevant authorities;
  • if not, then a court decision recognizing the person as missing.

The latter is issued when a citizen does not appear at the place of registration for five years.

If there is a suspicion that a person died in an accident, the term is reduced to six months.

If an employee is dead, how do you fire him? Step-by-step instruction

So let's take a closer look at how an employee is properly fired in connection with death.

Stages:

  • Relatives must provide supporting documents.
  • We copy them and write the appropriate order.

Step 1:

The HR specialist must draw up an order addressed to the head of the organization.

It indicates the personal data of a person. In addition to them, it is necessary to register the personnel number and the position occupied by the employee. Do not forget to write down the reason for drawing up the order, and the decision to be made - to fire the employee.

The basis for the preparation of the document is the provisions of the Federal Law No. 143-FZ.

In addition to it, a copy of the document certifying the lethal outcome is attached - this may be the corresponding death certificate or a court order.

Example of order:

A sample of filling out a dismissal order in connection with the death of an employee

Step 2:

The notice of dismissal clearly states:

  • The number the person was fired. It must necessarily coincide with the day of death. Exactly so, and nothing else. Even if the death certificate was not issued on the same day. This is also true for cases where the employee was simply listed as absent. For example, on a business trip or was on.
  • The name of the document serving as the basis for dismissal.

The line prompting you to read the document remains blank.

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

Dismissal procedure

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

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

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

Upon dismissal of a deceased employee, the director of the organization must fully comply with the procedure for terminating the employment contract:

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

It's 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 submit an application to the court for recognizing the person as missing.

Rules for ordering

When issuing an order to terminate the employment contract, form T-8 can be used. Until 2013, it was mandatory. At this point, organizations can develop their own form or use the old form. The document must contain 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 fact of the employee's death;
  • on the document number - at the legislative level, there are no requirements for document numbering. An organization can assign documents in accordance with the procedure established in its regulatory documents. In addition, the use of combinations of numbers, letters, symbols and signs is allowed. The main requirement is the absence of two identical document numbers in one reporting period;
  • the date and number of the employment agreement 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 recognized as dead by a court decision, then the date when it came into force is indicated;
  • about a deceased employee - the full name, personnel number assigned during employment, divisions and the position previously held by the person are indicated;
  • on the grounds for terminating 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 clause 6 of article 83 of the Labor Code of the Russian Federation. The entry must be made without reducing words, abbreviations;
  • on the document on the basis of which the dismissal is carried out - the data of the paper are indicated, which confirms the fact of the employee's death - a death certificate or a court decision.
  • At the end of the order, the head of the organization is obliged to indicate his position, as well as sign with a decryption.

It's 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.

Document execution date

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

  • the day indicated in the certificate issued by the registry office;
  • the day prescribed in the decision made by the court;
  • the day on which the decision, rendered in court, comes into legal force, provided that it does not indicate the exact date of the death of the person. In this situation, the documents become valid one month after the trial. This deadline is required for an 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.

Major mistakes

Upon termination of an employment contract with a deceased employee, the employer can make a number of mistakes that will subsequently negatively affect his activities. Among the most common mistakes are:

  • dismissal of an employee without the presence of appropriate documents or with oral notification from relatives;
  • erroneous setting of dates in the order. It is unacceptable 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 the dismissal under Art. 83 of the Labor Code of the Russian Federation will be illegal;
  • use of the word "fire". This wording will be considered erroneous, since an employee who is still alive can be fired. At the death of a citizen, the contract, which was concluded during his lifetime, is terminated.

It's important to know! If after a while a person, considered dead by a court decision, appears and challenges this document, then the employer is obliged to fully restore him to his post.

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

05.09.2019

If an employee of the company 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 to dismiss a deceased employee is drawn up is a death certificate, which will be brought by relatives.

In some cases, the certificate is replaced by a court decision recognizing the citizen as deceased.

Such a document is provided for persons who have gone missing and have not been in contact with them 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 the judicial authorities to recognize the person as missing or dead.

The death certificate must contain the following information:

The HR officer must be confident 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 agreement?

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 indicated in the court decision is also used. Any of the options will be correct.

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

The date is set not only in the employee's dismissal order, but also in the 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 to fire a deceased employee?

The order should be issued after the relatives provide the certificate. In fact, it turns out that the order of dismissal will be issued retroactively. But in this situation it will not work any other way.

After submitting the documents, the HR department prepares an order. It should contain the following information:

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

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

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

All these documents are drawn up and photocopies are taken from them. Copies are filed to 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 a document, then the book is kept in the archive of the enterprise for 50 years.

Grounds for termination of the contract

It is clear that it will not work in the order to write that the employee resigned of his own free will. It is imperative to indicate that the reason for the termination of the employment contract is the death of the employee.

Moreover, it is imperative 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 in connection with his death (termination of an employment contract) -.

Useful video

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

conclusions

The death of an employee is itself a ground for dismissal. But the order must be issued retroactively.

Our life can be very unpredictable. Plans collapse, important meetings and lucrative deals are postponed, and contracts suddenly lose their former value and are mercilessly terminated. One of the most common reasons for the termination of contracts is the death of their direct subjects, which is especially important for labor relations. Therefore, managers and accountants of companies need to understand what to do if an employee suddenly dies, how to draw up the necessary documents, and whether special payments are required to the family of the deceased.

What an employer should do when an employee dies

This is what any death certificate obtained from the registry office looks like

The dismissal order is often issued on the very day the manager receives the subordinate's death certificate, so the date of dismissal must coincide with the date of death indicated on the certificate. The signature of the relatives of the deceased in the order (and on any other labor documents) is not required - just the signature of the employer is enough. In some cases, you will not receive a certificate - for example, if an employee is missing, only a court order recognizes him as dead.

Brief algorithm of actions

Taking into account the above, we get a sequential algorithm of all actions that must be performed in the event of the sudden death of one of the subordinates:

  1. Make sure that the subordinate is really missing, and make inquiries about the reasons for his disappearance.
  2. Request a death certificate or a court order on his disappearance / death from the employee's relatives.
  3. Issue an order to terminate the employment contract on the basis of the death of the employee, referring to paragraph 6 of the first part of Article 83 of the Labor Code of the Russian Federation.
  4. Make the appropriate entry in the work book of the deceased employee, but do not use the wording "dismissed", since you can only fire a living person - better write "the employment contract is terminated."
  5. Close the employee's personal card, while leaving empty all the fields intended for the signature of the dismissed.
  6. Give the employee's work book in the hands of his relatives.
  7. Enter in the book of accounting for the movement of work books a record about the issuance of the Labor Code of the Russian Federation to the relatives of the deceased.

An example of a work book with a record of the termination of the contract due to the death of an employee

All these conclusions follow from simple and clear rules prescribed in Russian legislation - for example, in part one of Article 84 of the Labor Code of the Russian Federation and in paragraph 41 of the Resolution of the Government of the Russian Federation of April 16, 2003.

Video: dismissal due to death

Payments due to the family of a deceased employee

Dismissal due to the death of an employee is a fairly simple and not too long procedure, except for the emotional stress that arises when fiddling with the documents of a deceased person. At the same time, it is quite difficult to significantly violate any legislative norms - the main thing is to pay off the relatives of the deceased employee in time and return his labor documents to them.

 

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