How to fire an employee due to death. Dismissal due to the death of an employee. Death does not depend on anyone's will

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

The legislative framework

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

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

Dismissal procedure

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

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

The documents include:

• certificate of average salary Last year- which has recently become a requirement)
• employment history with the corresponding entry.

Money refers to:

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

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

How to fire an employee due to death?

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

Application or notice

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

Order or command

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

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

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

Employment history

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

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

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

Payouts

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

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

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

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

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

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

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

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

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

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

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

Compensation payments

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

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

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

Such amounts include unpaid wages, compensation for unused vacation, sick leave allowance (if any), by decision of the management one-time assistance. At the same time, if as a result of the calculations it turns out that the employee took the leave in advance, from compensation payments You don't have to withhold unpaid vacation pay.

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

Documentation of an employee in case of death

Obtaining official confirmation of death

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

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

Drawing up an order

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

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

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

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

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

After signing the document by the director, he without fail registered in the book of orders at the enterprise.

Making an entry in the workbook

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

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

Issuing a book to relatives

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

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

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

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

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

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

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

Registration of a personal card

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

Issuance of due funds

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

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

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

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

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

Anything can happen in life, often fate lies in wait for a person at the most unexpected moment. It happens that one day an employee does not appear at work or does not leave the hospital, and only then it turns out that his rest will now be eternal. What should an employer do to legally terminate labor Relations? How to manage the money earned by a deceased employee? To whom to give the work book, and what entry should be made in it?

Death does not depend on anyone's will

The legal grounds for dismissal due to death are clause 6.ch.1. Article 83, "termination of the employment contract for reasons beyond the control of the parties." The death or disappearance of an employee, followed by the recognition of his dead or missing, naturally, are among such reasons.

The documentary evidence of the unfortunate fact will be government document- a death certificate issued to relatives in the registry office. A medical certificate issued by a doctor is not suitable in this case: it is issued only for registration of death in the registry office. The next of kin of the deceased must bring a copy of this certificate to the employer.

FOR YOUR INFORMATION! If a person does not make himself known either at work or at home for a long time, more than six months, with the consent of relatives, the employer can initiate the establishment of his civil status. After going to court and a decision that scored legal force, the missing person is declared dead or missing. The decision of the court will become the documentary justification for the dismissal (clause 1, article 45 of the Civil Code).

Documentary support of the "eternal" dismissal

All civil processes in our life are associated with a certain "paper" support. Any significant changes recorded and documented. Therefore, it is important in all cases to observe the formal side of the process, without neglecting the preparation of relevant documents.

What paperwork will be needed to dismiss an employee due to his death?

1. Rationale- death certificate (or a valid court decision on the status of the disappeared employee).
2. Dismissal order deceased employee, published in the prescribed form No. T-8.
3. Private bussiness an employee with the appropriate marks.
4. Employment history with the correct entry.
5. Relatives' statement to transfer to them the payments due to the employee.

Algorithm for the employer

Upon receiving the news of the death of an employee, documented by a copy of the death certificate, the employer can begin the dismissal procedure.

If the information was received not by the employer himself, but by a lower-level manager who is the immediate superior of the deceased, he needs to submit a memorandum to the management about this fact, indicating all the personal data of the retired employee and attaching a copy of the death document.

1. Issuance of an order () on dismissal under clause 6, part 1. article 83 of the Labor Code of the Russian Federation. Naturally, the deceased employee will not be able to sign in the column “familiar with the order”, and besides him, no one has the right to do this. So in this case the string is left empty.
2. Registration of this order in the register of orders and orders relating to personnel.
3. An entry is made in the employee's personal card about the reason for terminating the employment contract with reference to the article of the Labor Code.
4. Entry in the work book: the wording is the same as in the personal card.
5. The accounting department calculates the due payments and enters them into the settlement document T-61.
6. The work book is given to the relatives of the deceased or, with their written consent, sent to them by mail. There should be a note about this. Relatives must present a document confirming kinship. If relatives do not appear or do not express written consent to receive a work book, it must be stored in the archives of the enterprise for at least 3 years, and then destroyed in accordance with a special act.
7. After painting in the statement, relatives are given appropriate cash payments. This must happen no later than a week after the written request for the calculation of payments. In this case, the statement will be issued for the deceased employee (must contain information about his tariff rate, position, Personnel Number etc.), and in the column “Received money” the one to whom they are issued, that is, a relative, will sign.

How to match dates

There is no and cannot be a letter of resignation with a specific date, as well as a two-week working off before dismissal. What is the date to terminate the employment contract? After all, these numbers depend on:

• calculation of the wages;
• calculation of unused vacation days;
• compensation for additional leave due to employees with young children;
• transfer of contributions for an employee to the Pension, insurance and other funds;
• many nuances associated with the position, for example, driver's insurance, etc.

In case of automatic termination of employment relations, the day of dismissal is considered to be the last working day of the employee (Article 84.1 of the Labor Code of the Russian Federation). But since the leader does not immediately learn about the death of a subordinate, especially since it takes time to process supporting documents, the official date that will appear in all related papers will be the one indicated in the certificate (or in the court decision).

Since the substantiating document (certificate) arrives at the enterprise later, the employer is forced to draw up documents "backdated". In such a situation, it is not a violation.

No death certificate? Need to find

It happens that the deceased employee has no relatives or they do not apply to the enterprise, perhaps they live far away, and they do not want to send a notarized copy of the document. How to get a copy of the death certificate, because only on the basis of this document is it possible to start the procedure for terminating an employment relationship?

The enterprise has the right to obtain a copy of this certificate itself by sending a request to the authority where the death of their employee could be registered. This may be the registry office:

• at the place of actual residence of the deceased;
• at the place of last residence;
• closest to the place where the death was registered (for example, in a hospital) or the body was found;
• in the burial area.

When the question arises of finding documentary justification, and the employer does not have exact facts, you can send a request to all possible registration authorities.

What is due to relatives

For whatever reason, the employee is fired, including due to death, he is entitled to certain payments:

• wages for hours worked that have not yet been paid;
• compensation for "non-holiday" vacation;
• financial assistance to the family of the deceased - a gesture good will by the employer. This payment is not obligatory, but in practice the enterprise usually supports relatives in memory of a good employee.

To receive this money, the next of kin (spouse or spouse, children, including adoptive parents, guardians or adoptive parents) must collect the following documents for the employer:

• an application for the issuance of payments;
• documentary evidence of kinship with the deceased;
• a copy of the relative's death certificate;
• your passport or other identification document.

Relatives have 4 months to receive legal payments directly from the employer (clause 2, article 1183 of the Civil Code of the Russian Federation). If they did not come for the money with the relevant documents, the payments must be transferred to the account of the executor - any public notary (Article 327 of the Civil Code of the Russian Federation). They will be included in the total money supply of the deceased's inheritance.

ATTENTION! The employer will not be able to ignore these payments, or information about the deposit account and hide them: the check should be presented either by the signature of relatives on the payroll, or information about the deposit account of a state lawyer.

If the next of kin apply for payments independently of each other, for example, both the wife and mother of the deceased employee filed applications, the employer is not authorized to decide which of them to give out the due money. Relatives will be asked to agree among themselves, or go to court.

An experienced personnel officer rarely encounters life situations that can disturb his trained heart, which is more accustomed to following the instructions and norms of labor legislation. But even an experienced human resources officer may not be fully prepared for the sudden need to issue a dismissal due to the death of an employee.

How to decide on the date of dismissal?

Important! It should be borne in mind that:

• Each case is unique and individual.
• Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the proposed options:

A mournful event always takes relatives by surprise, and it is unlikely that the first thing they remember will be a message to work. At best, it will be at least a couple of days before the employer receives even verbal notice. Such a notice is only enough for colleagues to have the opportunity to say goodbye to the deceased, one of the documents will be required to terminate the employment contract:

• death certificate;
• a court decision declaring a person dead.

It is clear that relatives of the deceased may not immediately receive one of these papers in their hands, therefore, the person responsible for personnel office work often doubts about the date of dismissal in the event of the death of an employee. The day of termination of employment must coincide with the date of death of the employee, even if documentary evidence of this fact was received by the employer many months late.

In the event of the death of an employee, the date of termination of his employment contract will coincide with the date of death.

Documentation of the dismissal of an employee in the event of death

Termination of an employment contract does not always occur at the initiative of any of the parties. There are circumstances when dismissal becomes the result of force majeure factors. The death of an employee can rightly be attributed to such a force majeure, clause 6 of Art. 83 of the Labor Code of the Russian Federation. Of course, even in this case, it is necessary to create an order for the dismissal of an employee due to death.

Calculation and issuance of funds

The death of an employee, although it terminates all civil relations with him and stops all claims to his person, does not deprive the heirs of the right to receive all monetary and in-kind payments:

• the rest of the salary, as well as the debt on it;
• compensation for all paid holidays that were never used for any reason;
• bonuses, payment for work on weekends and holidays, remuneration for overtime work;
• compensation payments if death occurred as a result of an accident at work through no fault of the employee;
• provided in such situations by the collective agreement: financial support, assistance in organizing funeral events, etc.

The accountant needs not to overdo it and correctly carry out the accruals, taking into account the requirements of the Tax Code of the Russian Federation. Since payments to the relatives of an employee dismissed due to death are made after the termination of the employment relationship with him, they are not included in the tax base for income tax and social contributions.

Just like the work book, the money of the deceased can only be paid on the basis of a written application, and only to a person who was able to document the fact of close relationship or cohabitation as a dependent, Art. 141 of the Labor Code of the Russian Federation. At the same time, accounting should remember that only those who are mentioned in Article 2 of the Family Code of the Russian Federation can be considered family members.

It is even more reliable to take into account the degree of relationship, as well as the recipient's belonging to the first or second line of inheritance. Although the Labor Code of the Russian Federation does not directly oblige you to do this, but, theoretically, allows you to make a payment to the first applicant, it is still safer to take an interest in family ties.

The heirs themselves should also not delay with financial matters, because they can only contact the employer in the first four months. After the expiration of the said period, the lost funds will fall into the composition of the common inheritance, and the notary or the court will deal with its distribution, Art. 1183 of the Civil Code of the Russian Federation.

To organize the payment, the former bosses have a week from the date of writing the corresponding application. If the money was not received within five days after that, then cash must be deposited.

All funds not received by the deceased employee must be paid to his relatives or dependents who lived with him in the same territory.

The amount and procedure for payment for burial

Formally, the government undertakes to bury a person at its own expense. In practice, it should look like this: someone from his relatives buries the deceased, and then receives compensation for expenses in the form of a funeral allowance. However, they do not compensate full cost funeral expenses, but only the part that does not exceed the limit, Art. 10 of Law 8-FZ. Since the amount of the benefit is included in the list of indexed payments, in 2020 the minimum possible amount was 5562.25 rubles, excluding regional coefficients.

There are several ways to get money for a funeral:

• through the employer (if the dismissal occurred due to the death of the employee);
• through the FIU (if the person has already retired);
• through social security (in the event of the death of the unemployed).

Unlike salary payments, the money for the burial is received by the one who actually did the burial. It can be either a relative of any degree of kinship, or a completely stranger who undertook to organize a mourning ritual. To avoid fraud, benefits are only paid to those who can provide the original death certificate from the hospital.

In addition to payments enshrined in legislation, each employer can establish separate benefits for such a case in local regulations company (for example, a collective agreement). The procedure for their payment is also determined by the employer: either to the next of kin, or to the bearer of a medical certificate of death.

The funeral allowance is also exempt from taxes and contributions, since these amounts do not result from an employment relationship. This condition is equally true for state aid, and for payments from the enterprise.

Possible disputes and judicial practice

Oddly enough, but in the case of dismissal due to the death of an employee, litigation is possible. There are several reasons for this:

• incorrect calculation of the due payments (the claimant will be the direct heir);
• non-completion or incorrect completion of the work book (this fact may affect the amount of the future pension of dependents);
• illegal dismissal (in cases where the calculation was made not on the basis of a death certificate, but by a court decision).

In the first two cases, if there are sufficient grounds, the court decision is likely to be in favor of the heirs of the deceased. But with reinstatement, if a person declared dead or missing suddenly appears, in most cases there will be a negative answer. You can argue if there is evidence of an employee being treated in a hospital. And then only on the condition that he has not been diagnosed with a disability and, in the opinion of the medical commission, he is fully able to work.

The death of a colleague is always a shock to the team. But even grief for the departed should not interfere with the correct execution of papers for dismissal in connection with the death of an employee and fully pay off his relatives.

Lawyer of the Board of Legal Protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

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

Employee death options

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

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

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

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

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

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

Grounds for dismissal

V normative documents it is clearly stated that the manager cannot independently dismiss an employee without documents confirming the death of a person. These are:

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

If relatives call the company and verbally convey the sad news, or the police report the incident, the manager does not have the right to terminate the employment relationship with the employee without the above documents. This also applies to certificates from medical institutions.

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

A person is considered dead by a court decision if:

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

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

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

Dismissal procedure

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

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

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

Dismissal procedure deceased employee is quite simple:

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

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

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

Drafting a dismissal order

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

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

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

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

Filling out a work book

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

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

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

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

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

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

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

Calculation of payments

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

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

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

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

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

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

Conclusion

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