The procedure for termination of the contract with the employee is governed by labor standards defined by law. Dismissal in connection with the death of an employee is carried out in a certain order and requires proper documentation.
The personnel department and accounting of enterprises, organizations of all forms of ownership must take into account the norms of current legislation when concluding and terminating contracts. The paperwork for the dismissal of a deceased employee is executed in accordance with certain office work standards, and accounting accruals and payments are made to persons entitled to receive the due remuneration.
Regulatory framework (legislation)
The relations between the employer and the employee are regulated by the Labor Code (TC) of the Russian Federation, the Civil Code (CC), the Code of Civil Procedure (CPC) and other regulatory acts. The current legislation provides for the solution of all situations that are related to the relationship of interested parties in the labor process, including dismissal due to the death of an employee. Article of the Labor Code of the Russian Federation No. 83 determines that an agreement (agreement) can be terminated in the event of circumstances for which the parties have no influence, and paragraph 6 refers to this category the death of an employee. The fact of the disappearance or recognition of the employee as deceased is the basis for terminating the employment relationship.
How to fire an employee in connection with death?
The company where he worked must be notified of the death or disappearance of the employee by relatives or other interested persons and services. Upon the death of the organization, it is necessary to carry out a number of measures that are provided by the legislative framework for termination of employment. Dismissal in connection with the death of an employee takes into account the nuances that are not provided for in the normal procedure for terminating an employment contract.
The usual procedures for termination of employment include:
- Submission of an application by an employee if he is the initiator of the process.
- The publication and delivery of a notice to the employee about his dismissal, if the enterprise in which he works has initiated the process.
- Publication of an order (instructions) for the enterprise.
- Registration of documents for dismissal (work book, certificate of average salary, which the employee received during the last reporting year).
- Payment of wages, severance pay, compensations and other due remuneration stipulated by the legislation or regulations of the organization.
Dismissal in connection with the death of an employee excludes the fulfillment of the first two points from the above procedure, which is not a violation of the law. Registration begins with an order (it is recommended to draw up according to form T8) or an order. The basis for the preparation of the document is a duly recorded fact of death or disappearance.
Documents confirming the death of an employee. Registration of dismissal
In accordance with the legislation, a document confirming death are:
- certificate issued by the registry office, which states the official death of a person;
- decision of the judicial authority to recognize the person who died as dead.
The death certificate indicates:
- full surname, name, patronymic;
- place of registration;
- Place of Birth;
- nationality, gender and country of which he was a citizen;
- date of death and established cause;
- details of the bodies that ascertained death, and full name of the person who received the document.
The court decision is made:
- at the request of relatives or other interested persons who claim that during the calendar year there is no information about the whereabouts of the person; The basis for the decision is Article 42 of the Civil Code;
- if within 5 years there is no information about the person at the place of registration or actual residence;
- if the circumstances in which the citizen was threatening his life, and at the same time he was missing, the court can fix the death after 6 months from the moment of recorded facts that such events took place; The basis for the decision is Article 45 of the Civil Code.
An appeal of a court order in accordance with Article 321 of the Code of Civil Procedure is possible within 1 month from the moment it enters into legal force. A message from relatives cannot be an argument to dismiss an employee due to death.
How is the date fixed
On the basis of article 83 of the Labor Code, labor relations with a deceased employee are considered automatically terminated, regardless of the will of the employer, if there is a document certifying death. Accordingly, the dismissal in connection with the death of the employee begins from the moment of termination of the contract.
Article 84 of the Labor Code states that the date of termination of the terms of the employment contract is the day of the last actual visit to work, but the dates must be indicated in the documents:
- of death;
- notifications of the enterprise on the fact of death (the moment when a certificate or court decision was received at the enterprise);
- last exit to work.
The date of execution of the order for dismissal in connection with the death of an employee (article of the Labor Code of the Russian Federation No. 83) is the moment the document was submitted by interested parties.
Enterprise Services Procedure
The body of the enterprise responsible for the procedure for registering employees is required to take measures to record the death of the employee. Making a dismissal involves the following actions:
- registration of the incoming application from the persons who submitted the death certificate;
- making a copy of a death certificate or a decision of a judicial authority recognizing a citizen as dead;
- issuing an order for the company to terminate the contract with the employee because of his death;
- registration of a work book and income statement for the last year;
- accrual of monetary compensation, compensation, vacation pay, etc.
- the issuance to persons entitled to receive material assets belonging to the deceased, personal items, documents and money.
Issuing an order or order
The order for the enterprise is drawn up in the form of T8, which is approved by the statistical authorities. The text of the document should reflect the reason and date of termination of the contract, as well as refer to part 2 of article 83 of the Labor Code as a regulatory justification for the decision. The rest of the order is executed in accordance with the form, and the column on familiarizing the employee with the document is not filled out.
Dismissal in connection with the death of an employee. Record in the labor. Sample
The accounting, storage and filling out of work books and personal cards is determined by Decree of the Government (PP) of the Russian Federation No. 225. And paragraph 17 defines a record that indicates that the dismissal in connection with the death of an employee occurred for reasons beyond the control of the parties.
The workbook indicates the grounds for dismissal (in connection with the death of the employee). The entry in the labor contains a reference to the Labor Code (clause 6, part 1, article 83), the date of termination of the contract and the order number. The document is issued at the time of full settlement along with other material values to relatives or their authorized representatives or is sent to the employee's address of residence by mail.
Payments due
All funds that are due to the employee at the time of termination of the contract must be paid within a week.Dismissal in connection with the death of an employee (Article 83 of the Labor Code) implies the following payments:
- all accruals provided for by the labor agreement;
- funds provided by law and the enterprise in the event of the death or dismissal of an employee.
The recipients of money and other valuables of the deceased worker may be relatives or heirs, as well as persons whom the deceased instructed to do so. Persons acting on behalf must provide a notarized document to the personnel department stating that the deceased trusts to receive the amounts due to him from the organization in which he worked in the event of his death. Interested parties may appeal the actions of the employer in a judicial proceeding.
The deceased employee is required to pay the following amounts in accordance with the accrual:
- wages;
- Award
- allowance;
- compensation, allowance, surcharge for processing, etc., if any.
Money is issued on the basis of an application from relatives or third parties. Attached to it: a death certificate (court decision), an identity card and a document confirming kinship, or another certificate of the right to receive material assets.
Based on the Decree of the State Statistics Committee, the enterprise is obliged to issue a report in the form of T-61, which reflects the accounting of payments to the deceased employee. Dismissal due to the death of an employee is documented as a social note and submitted to the regulatory authorities upon request.
Enterprise Inheritance
Dismissal in connection with the death of an employee poses a question to relatives about the entry into the inheritance. The Civil Code of the Russian Federation stipulates that all inheritance payments must be made within four months from the date of death. In accordance with article 1183 of the Civil Code of the Russian Federation, funds to which the deceased is entitled are transferred to relatives, dependents or persons who lived with him.
In an inheritance dispute, the employer may be brought to litigation as a witness on the date of payment, the amount of material resources, the procedure and other matters of interest to the court.
Eligible Persons
On the basis of Article 141 of the Labor Code, the recipients of material assets owed to the deceased employee are immediate relatives, dependents and those to whom the deceased granted such a right in advance in writing.
Social benefit
As social assistance, which is paid in accordance with the Letter of the Social Insurance Fund No. 05-359, the maximum amount should not exceed 4,515 rubles 60 kopecks. The employer has the right to assign an additional payment at its discretion. Money for burial is entitled to receive any person who has assumed responsibility for organizing the funeral.
The fact of receipt of funds is recorded in the settlement and payment documents. If the burial occurred according to a social program, i.e. free of charge, compensation for the funeral is not paid.
