How to make out the dismissal in connection with the death of the employee. Article TK RF "Dismissal in connection with the death of an employee"

Unfortunately, such an unpleasant situation as the death of an employee can happen at every enterprise and in every organization. Personnel in this case should focus and correctly register the deceased employee's work record and other related documents. It is worth noting that dismissal in connection with the death of an employee is conducted by a slightly different procedure than the usual dismissal at the request of an employee or administration.

The legislative framework

All issues related to labor relations , as is known, regulate the Labor Code. In Art. 83 states that the employment agreement can be terminated for reasons that are not dependent on the parties. To such grounds, according to point 6 of the same article, the death of the employee is also included.

How to apply for dismissal due to the death of an employee?

If we consider the general procedure of dismissal, it occurs as follows:

- the employee writes an application (if he leaves the work at his own will) or the employer sends an employee a notification (if the employee is dismissed on the initiative of the head);

- after this, an order is issued for dismissal ;

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

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

Order or order?

Termination of the relationship with the employee is more correct after all to be formalized by order of the T-8 form. The corresponding order must necessarily coincide with the date, which is indicated in the certificate of death. Since this document does not always come to the enterprise strictly on the day of death, many employees do not know how to act. In this case, you can make an exception and hold a retirement in connection with death in hindsight. Such an action will not be considered a violation.

Workbook

After issuing the order, it is necessary to make an entry in the work book. In this document it is necessary to write the following: "The labor agreement is terminated on circumstances that are independent of the parties - in connection with the death of the employee". And further specify the article according to which dismissal is carried out in connection with death of the employee, namely item 6 of article 83. The document itself is passed either personally to the hands of relatives on the basis of their application, or sent to the address that the employee specified when registering for work.

Payment of wages

If an employee does not have time to receive a salary, then it should be given to a person who was dependent on the deceased, or to his close relatives. At the same time, labor legislation does not provide a definition of who is related to close relatives. However, this concept is specified by the Family Code. Close relatives are:

- Children (including adopted children);

- spouses;

- Parents (receptionists also come here).

It is also worth noting that when calculating payments to the deceased, you can not withhold the amount for unearned leaves.

Legacy of the deceased employee

With the payment of the money due to the deceased, it is necessary to take into account not only labor but also inheritance law. Thus, art. 1183 of the Civil Code says that all amounts that must be paid to an employee under an employment contract are transferred to his dependents or to family members who lived with the deceased employee. In the TC there is no time limit within which payments should be made, but it is stipulated in the Civil Code and is 4 months from the moment when the inheritance was opened. This day will be the day of the death of the employee. That is, it turns out that within 4 months after the death of an employee, the organization where he worked, must make all payments that are due to the deceased employee, and hand them over to interested persons.

As you can see, in order to properly formalize the dismissal of an employee who has died, it is necessary not only to know the articles of dismissal of the RF Labor Code, but also to be aware of how to make a record in the work book, write an appropriate order and pay the deceased's relatives appropriate amounts of money. If no one has come for the work book, it must be stored in the personnel department separately from the documents of other employees for 2 years. If during this period it was not taken away, such a document is sent to the archives of the organization, where it will remain for 50 years. And only after that it can be eliminated.

Dismissal in connection with the death of an employee is a complicated process, not so much in the legal sense as in the moral. But if in your organization this unpleasant situation does happen, you will already know how to terminate the employment relationship with the deceased employee by all rules, without violating the law.