Sometimes the rupture of cooperation between the company and the specialist can be held on the circumstances independent of the parties. One of these circumstances can be called the death of the colleague. The procedure for interrupting labor relations in this version cannot be executed according to the generally accepted rules. The supervisor needs to study the order of deduction of colleague due to his death.

Article

The cooperation of personnel and management at the company was built on the basis of the rules regulated by the Labor Code of the Russian Federation. When dismissing a person in connection with his death, the authorities are obliged to be guided by Art. 83 TK RF. Article 84.1 of the Labor Code of the Russian Federation regulates that the appropriate order is required. At the same time, the line with the signature of familiarization with its content may remain empty.

To create an order for the contribution of collaboration due to his death, a confirmation of his death is required. A person's death document is issued by an authorized state structure (registry office). Therefore, even having received the notice of the death of the employee from the words of others, the order cannot be issued before receiving the official document.

The disposal of the deductions of the employee due to its death is not confirmed by documenting the violation of the regulations of the Russian Federation. Such an order can be published only after receiving a blank about the death, at the same time, the date of deductions must correspond to the death date of the person, even if this event occurred in the weekend or.

A similar deduction procedure is carried out in the option when a person is recognized as the dead. As a document confirming his death, a court definition can be served.

Order of dismissal

If a company employee died, the deduction procedure is carried out in the following order:

Mother-in-law reported on the firm's guide with the provision of a certifying document on death. Responsible specialists of the personnel department of the company are obliged to make a photocopy of the document and prepare the required order.

• The order is drawn up on a standard Blanc T-8 or on a clean sheet of A4 paper. You can also use the corporate form of institution.
• When preparing the order, all personal information about the employee is displayed indicating its tablet number. You also need to display the cause of deductions. A copy of the death certificate is applied to the orders.
• At the disposal of the personnelovik is obliged to clearly designate the number of termination of the specialist. The date is required to comply with the date of the death of a person, regardless of time, providing a certificate of human death (death certificate or judicial definition).
• In addition, the name of the form should be displayed at the disposal, which is the reason for the rupture of cooperation.
• The graph that is intended to be familiar with the order is not filled.
• After preparing the document, the personnelists are sent to the head of the company for approval. The head signs it and puts the wet seal.
• The approved order is registered in the book of accounting of orders.
• The next step in the deduction process is to compile a certificate certificate that the company's accounting should be prepared. This form is made on one sheet consisting of 2- sides:
• The front side fills in the frame, enjoying all the information about the specialist (FI., Position, the time of work, the accumulated days of vacation, which he did not use.
• The second side of the certificate is the calculation of accounting, carrying out the accrual of the required payments on the basis of information made by the personnel specialist.

Further, the personnel council draws up a personal card of a specialist, which makes information about the deduction and reason. Then filled where all the information is entered from the disposal of deductions, followed by fixing the seal. The graph, which serves to sign the dismissed, remains empty.

After compliance with all formalities, payments and labor book are awarded to relatives of the late.

After the publication of the disposal of the deductible specialist, the following payment is charged:

1. Salary for the last spent days.
2. Compensated payments for unused vacation time.
3. Material assistance - if it is displayed in a collective or labor document. The manual may have such a pay on its own will, even if it is not provided for by the above agreements.
4. In addition, relatives who buried the deceased specialist for their funds are entitled to receive social benefits on the funeral paid at the expense of FSS funds.

All accruals are obliged to be listed by the family members of the well-being specialist or persons who are on dependent (Art. 141 of the Labor Code of the Russian Federation).

If the funds intended to pay the calculated, were removed from the bank account of the company, and no one received them for 5 working days, they need to be deposited (clause 6.5 of the RF Bank Resolutions No. 3210-from 03/11/2014).

The funds that are due to the deceased specialist and issued to its relatives are not subject to the taxation of the NDFL (paragraph 18 of Art. 217 of the Tax Code of the Russian Federation). That is, relatives get a full amount, without deducting taxes. Also, insured accruals are not held from these funds.

Financial assistance, presented to relatives, is also not subject to retention of insurance premiums.

NDFL with financial support is not held under the condition if it is issued to relatives who live together with the well-honored specialist (paragraph 8 of Art. 217 of the Tax Code, the letter of the Ministry of Finance of the Russian Federation No. 03-04-06 / 4-318 dated 14.11.2012).

Article 141 of the Labor Code of the Russian Federation states that payments made by the "who went into the world by another" specialist has the right to receive, both his family and a person on dependent. If a list of family members is displayed in the Family Code of the Russian Federation, then to determine the fact of dependency, which applied for the payment is obliged to provide a judicial determination about this.

Art. 2 of the Family Code regulates that family members include:

• Spouses.
• Parents or adoptive parents.
• Children, including adopted.

The time during which natives can acquire the deceased payments, equal to 4 months (paragraph 2 of Art. 1183 of the Civil Code of the Russian Federation).

To acquire settlement, relatives are obliged to present the necessary references (Art. 141 of the Labor Code of the Russian Federation):

1. Written appeal to receive calculated.
2. The passport of the recipient or another document certifying.
3. Help certifying relationship.
4. Help on the death of man or the definition of court instances, about the recognition of the face of the dead.

Estimated must be issued to the applied native person for one week after its appeal.

Order of the termination of labor relations

This law provides a liberated person from work, timely issuance of all materials and the established settlement in accordance with the order of the head of the institution. The deduction, in connection with the death of the employee, also begins with the compilation of the order. It uses either a unified form of T-8, adopted by the State Statistics Committee of January 5, 2004, or an ordinary office paper sheet A4, or a corporate form of institution.

When preparing a decree on dismissal, an important point is the correct station of the division of cooperation. It is that this item is most often not respected by the personnel.

You can start preparing the order only after the provision of a document confirming such an event. Death is the act of the state of a citizen (paragraph 1 of Art. 47. The Law of the Russian Federation No. 143 -FZ), therefore this fact is obliged to confirm either a certificate of death or the definition of the judicial instance about its death or missing. The form of the death of a person issued by medical institution may also be an official document.

The deductions required to display the following information:

1. Assigned number and date of approval of the order.
2. Name of the company.
3. Information about the dead - full full name, position, discharge, division.
4. The reason for the deductions of a specialist - in this option - the death of the employee (part 2 of Art. 83 TC).
5. Date of deductions.
6. The basis for approval of the order (certificate of death from the registry office or court definition)
7. The appointment of responsible persons for execution of the order.
8. Signature of the head of the company.
9. The line of familiarization of the contribution with the order is not filled. The familiarization with him native deceased does not apply to a mandatory condition, although a copy of the order can be awarded the native deceased.

After approval by the order by the head of the company and the official status, responsible persons marked in the order, carry out measures to accrual the required settlement and fill in the required documents for issuing the native deceased.

Sample order:

The work schedule for work is carried out at each institution to display attendance by the staff of its jobs. In life, it often happens that the specialist does not go to work for a long time, and the responsible person for the challenge is received by his death with the deletion. Personnel specialists are often asked the question of the correctness of filling this table in such situations.

Let us give a few examples:

The example is the first.

The specialist stopped going to work from 02.08.2019 and was absent during the month. The framework of the Personnel is the "NN" code or digital code - 30 ("non-appearance for unknown circumstances").

His relatives presented a sick leave and a certificate of death on 09/03/2019. It turned out that on 02.08.2019, an employee had a stroke, and he died on a hospital bed on August 23, 2019. As a result of the receipt of information about the cause of the absence of an employee, the responsible for the table corrects the code "NN" code into the "b" code or digital code - 19 ("patient").

Changing the code in the table must be carried out in accordance with the rules for making changes to the primary accounting documents corresponding to paragraph 7 of Art. 9 of Law N 402-FZ dated 12/06/2011 "On accounting".

1. Strip incorrect values \u200b\u200bto one line so that the record remains readable.
2. Make a number of faithful code.
3. Record the recording date and sign responsible for the table with the signature decoding.

An example of the second.

A specialist who worked at the five-day working week, died on 08/26/2019 (on Sunday - day off). Labor contract is terminated on 08/26/2019. The table of the "B" code or digital code is affixed ("output").

Example Third.

The worker suddenly died at the company during working hours. The table "I" or digital - 01 ("work in the day period") is recorded, with the display of the actual number of workedtime (hours) on this day (with the hourly tariff - it is an important circumstance).

Example fourth.

The worker died on the way to work. The table is supplied with the code "NN" or "30" ("non-appearance for unknown circumstances"). In this embodiment, there is no special code at the end of the employee, so it is recommended to record the code "NN" code in the table, even when the frame of the personnel survey learned immediately (that is, the actual cause of the lack of colleague is known).

About how to act if the colleague died, you can watch a video

(Video: "What to do if the employee died - Elena A. Ponomareva")

Sometimes the dismissal of workers can be carried out on the reasons independent of the parties. Such a need may arise as a result of the death of the employee. The process of termination of labor relations in this case cannot be carried out according to the standard scheme.

A document that serves as a basis for registration of such an order is the evidence of the death of the employee.

Usually the order is published on the same day when this testimony is submitted to the employer. But what date of dismissal in connection with death to indicate in the order?

Step-by-step dismissal instruction due to the death of the employee

If the employee of the organization died, the dismissal process is carried out in accordance with the standard scheme. It has the following form:

1. Relatives report an incident and provide confirmation documentation. Representatives of the company must copy it and make an appropriate order.
2. Specialist in personnel prepares the order. It records personal data of the employee. You can specify a specialist table number. Additionally, you need to specify the reason for dismissal. To order, you need to attach a copy of the document confirming the death of a specialist.
3. Fill a notification of dismissal. It should clearly contain a number when collaboration with a specialist is terminated. The figure must coincide with the date of death. The rule is valid even if the death certificate was provided on another day. This is true when a person is listed absent in the organization. Additionally, you need to specify the name of the paper speaking for dismissal. A string that is assumed to confirm the familiarization with the order remains blank.
4. The order is transferred to the head of the enterprise. It is affected by wet seal. The paper is then registered in the log.
5. There is a certificate certificate. It should fill out two specialists. One of them is an employee of the personnel department, which should indicate the requisites of the organization, information about the releases used, personal data of the specialist and the actually spent period of time. Details are necessary for accounting calculations. The second part of the reference fills the accountant. The specialist makes calculating the paid payments on the basis of the data provided by the personnel service.
6. The execution of a personal citizen card. To make it closure, you need to make an entry on dismissal. Additional data is not required.
7. Make an entry to the employment record. The law obliges the head of the organization to register the fact of termination of the employment contract and the foundation of the decision. All records are assigned by an employer or other responsible person. Additionally, the organization is stamped. The graph, intended for the signature of the employee, is not filled.

Additionally, you need to write to the accounting book. When the filling of the documentation is completed, the labor book is provided to relatives that has improped.

Documentation

Relatives who claim payments and express a desire to pick up the child's labor book should have the following documents with them:

1. Certificate of death from the registry office + its copy;
2. Court decision or act confirming an accident (in case of death in production);
3. The original of the documents and its copies (passports) of a person who will receive payments and labor books;
4. Hospital sheet (if death occurred during the disease);
5. Accounts or receipts confirming the costs associated with the burial (if relatives claim to pay benefits);
6. Applications drawn up in an arbitrary form for paying the balance of wages, material assistance, compensation, etc.

Date of dismissal due to the death of the employee

The date of dismissal of the deceased employee will be the date of his death indicated in the certificate.

Dismissal officer in connection with death

As a general rule, when dismissing, the employee must familiarize himself with the register with the order of dismissal (Art. 84.1 of the Labor Code of the Russian Federation). But in this situation, the employee himself will not be able to sign, but to mean with the order, for example, the employer should not belong to the deceased employee. Accordingly, on the order on the dismissal on the death of the employee will be the signature of only the employer.

Looking ahead, we note that the signature of relatives will not be needed on other personnel documents (labor book, personal card).

What the date is executed by order

In order for the dismissal due to the death of the employee, there must be a documentary confirmation of the fact of death. The paper is issued and provided by the authorized state body. Having received the news from the words of other citizens, it is not necessary to immediately execute the order. In mandatory, you need to request a death certificate. On his basis, the order is subsequently published. If the dismissal process in connection with the death of the employee was fulfilled without a document, it will be considered a violation.

The date of dismissal is the date of the death of the employee. It is necessary to publish an order at the time of receiving a confirming certificate of hand. If the event fell on a festive or day off, it does not cancel the needs of the order. If you put a period of dismissal the moment of providing the certificate, it turns out that the employee continued to work after death.

A similar procedure for dismissal is performed in a situation, if a person recognized the dead. A similar decision is made in court regarding an untimely missing citizen and disappeared people in conditions that threaten their lives.

Dismissal of the employee in connection with death: Order (sample)

Dismissal by death: recording in the employment record

In the workbook of the deceased employee, you need to make the following entry:

Recovery for employment, translation to another permanent job, qualifications, dismissal (indicating the reasons and reference to the article, item), the name, date and number of the document, on the basis of which recorded records

We draw your attention to the fact that from 11/27/2016 the record of dismissal in the employment record is assigned to the stamp of the employer only if it is presented (the order of the Ministry of Labor of October 31, 2016 No. 589n, the order of the Ministry of Labor of October 31, 2016 No. 588n).

What to do with the working book of the deceased worker

Behind the employee's labor book, who died, can turn the spouse / spouse or someone from his relatives.

Ask a replied copy of the passport, as well as a document confirming marriage / kinship (for example, marriage certificate, birth certificate).

The labor book of the deceased employee can be issued to a spouse / relative, or applied for receiving a request to him by mail with a valuable letter with the description of investment and a notice of delivery.

If no one applied for the employment record, then the employer must keep it 75 years old (paragraph 664 of the list, approved by the Order of the Ministry of Culture of Russia of August 25, 2010 N 558).

Issuance of documents of the deceased

As a general rule, if no one appeared behind the employment record, the employer sends a letter with a notice and request to obtain documents and calculations. This action removes administrative and material responsibility from it for the delay in issuing an employment record.

The case of dismissal because of the death of the employee does not imply send letters to relatives. Labor book will be kept in the personnel department to demand its face with the rights of inheritance. These include the categories listed in the Family Code: spouses, children, parents, including adoptive parents.

In the case when a relative of the deceased worker declared the desire to get a document, it is necessary to do the following:

1. Requested a relative passport.
2. Requiring documents confirming related links with the dead. This may be: marriage certificate, birth certificate. At the same time, the surname change should be traced if the documents receive a brother or sister of the employee.
3. Copies of all listed documents must be left in the personnel department and keep in the employee's personal business dismissed due to death.
4. To give a relative to a labor book on a receipt in which he points out his details: last name, first name and patronymic. If relatives live in another area, the right to send documents by mail is also distributed as on the owner of the document. To do this, you need to get a letter request from a relative with a request to send a labor book at a specific address. The document will be sent in a plastic envelope by registered mail with a notice of delivery and internal description. After returning the sender, the notification stores in the employee's personal case.
5. In the book of accounting for labor books and inserts, they make the appropriate entry. "The document has been sent by mail on demand, date, signature of the personnel officer who sent a labor book." If a relative gained a labor book personally, in the book of accounting, he does not put a signature, there is a receipt for this. Opposite the date of registration of the document in the corresponding column, personnel specialist puts a mark that "the document is issued to receipt."

If the labor book dismissed in connection with the death of an employee is not in demand, the employer will be obliged to keep it for 50 years, then send to the urban archive. This period is stated by paragraph 43 of the Rules for Storing and Managing Labor Books.

How to dismiss the employee in connection with death: personal employee card

In the personal card of the deceased employee (approved. Decree of the State Statistics Committee of the Russian Federation of January 05, 2004 N 1T-2, form) must be recorded, similar records in the employment book.

The graph "Signature" in this situation is not filled.

How to dismiss the employee in connection with death: we make payments

Employee due to employee (salary, compensation for unused vacation, etc.) The employer must pay members of the family of the deceased employee or persons who were on his dependency (Art. 141 of the Labor Code of the Russian Federation).

Note that family members include (Art. 2 of the Family Code):

• spouses;
• parents / adoptive parents;
• children, incl. Adopted.

For an appeal to the employer, for obtaining a deceased employee, the amounts of the above faces have 4 months from the date of death of this employee (paragraph 2 of Art. 1183 of the Civil Code of the Russian Federation). And the employer has a week from the day when the family / dependent member presented the necessary documents (Art. 141 of the Labor Code of the Russian Federation). Such documents, in particular, are:

• payment statement;
• applicant passport;
• document confirming the relationship.

If the money for the payment was removed from the employer's account, no one appealed for them for 5 working days, then they need to depositly (3210-UE. 6.5. Instructions of the Bank of Russia from 11.03.2014 N).

What other amounts should pay the employer to relatives of the deceased worker

The collective / employment contract or LNA may provide material assistance to relatives of the deceased worker. Also, the employer can pay material assistance on its own initiative, even if it is not provided for by the above documents.

In addition, relatives who buried the deceased employee at their own expense can refer to the employer for obtaining social benefits for the burial that is paid at the expense of FSS funds.

Accrual of payout

After the publication of the order of dismissal, the accounting should be accrued to the corresponding payments. Pay the accrued company can within 4 months from the death of the employee. If during this period, relatives did not turn, then the whole amount plunges to inheritance. In case there is no inheritance, then the money remains at the employer.

Relatives, spouses and persons who were dependent on the deceased can receive payments. If there are several applicants, the entire amount is issued to the first applied. In the event of a controversial situation, it is possible to offer to relatives to negotiate or go to court.

The company must pay the full amount within 1 week after the conversion of relatives.

The deceased employee is relying payments as with ordinary dismissal:

• salary;
• hospital;
• all the necessary surcharges;
• premiums;
• compensation for unused vacation.

In addition to them, the leadership of relatives or compensation for the burial may be accrued for consideration of management. The procedure for accrualing all payments will look at the table.

Payments in connection with the death of the employee: NDFL and insurance premiums

The amounts due to the deceased worker and their relatives paid, NDFL are not subject to (paragraph 18 of Art. 217 of the Tax Code of the Russian Federation). Those. Relatives need to pay the full amount, without deducting from it tax.

In addition, these amounts are not subject to insurance premiums.

As for the material assistance provided to relatives, it is also not subject to insurance premiums. And the NDFL with material assistance is not necessary to hold, provided that it is paid to family members or relatives who lived together with the deceased employee (paragraph 8 of Art. 217 of the Tax Code of the Russian Federation, 03-04-06 / 4-318 Painfina of Russia dated November 14, 2012 N).

The dismissal procedure of the employee is not the most pleasant. The employer cannot dismiss the employee without reason, otherwise the person who violates the requirements of the law will be held accountable. The procedure for the procedure is settled by labor law. And violation of the established procedure may lead to serious problems with the law, even if a previously employed employee died. The dismissal of the employee in connection with death also requires compliance with the established rules, and their violation will lead to punishment. The dismissal procedure for this reason is largely different from the dismissal procedure under other circumstances.

Employee dismissal procedure and main reasons

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

Termination of labor relations occurs in several ways:

1. By the will of an employed person. Then the initiator of the process is an employed person, it is independently, at will, applies to the director of the organization or the head of the department. To contact the employer with this requirement you need 14 days before the expected date of liberation from office. During this period, the application can be withdrawn if before that the order was not issued. The employer has the right to let go of an employed person before this period. This period is also not taken into account if the conditions of the employment agreement were violated, or actions that violate the rights of an employed person were committed.
2. Cancellation of the contract for the mutual consent of participants in legal relations. Participants in the legal relations regulated by the articles of the TC independently establish the deadlines for the liberation of the face from official obligations.
3. Cancellation of the agreement at the request of the employer. The employer in the presence of significant reasons that are defined in regulatory acts can terminate the transaction on its own initiative. Then the consent of the employee is not required. Basically, dismissal on the initiative of the employer occurs in violation by employees of labor discipline, established security rules or due to the reduction of the state.
4. Termination of the contract due to factors, independent of the desire of participants of legal relations: restricting the capacity of a citizen, recognition by his deceased or a missingly missing or its end.

Labor legislation protects the rights and interests and employers, and workers. Therefore, the employer has the right to dissolve labor contracts only if there is good reasons. The removal of an employed person without the grounds specified in the Law or Treaty is not allowed. Otherwise, the person whose rights were violated, can file a lawsuit in court.

The procedure for the dismissal procedure in connection with the death of an employee is defined by Art. 83 TK RF.

The course of the procedure is affected by the place and time of death.

Since the worker could die:

• in the performance of their labor obligations - was in the workplace, on a business trip, etc.;
• in your free time: on vacation, on weekends, etc.

So, when a employed person dies in the workplace or in the performance of labor obligations, a separate investigation is appointed. During the investigation, it is established that it could lead to death (labor activity or not) and whether the employer is involved in an accident.

Special complexity is distinguished by situations when the face died on a business trip. So how to accurately determine whether the died labor activity was engaged at the time of death or not, difficult. Depending on the outcome of the investigation, the amount of compensation is determined, which relies on near the deceased person.

When the end came to the free time, the employer is not attracted to the investigation.

The grounds for termination of the employment contract in the end of the death side

The employer is not entitled to terminate the contract without the documentary evidence of the death of the employee.

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

1. Paper issued by the registry office, which proves the death of an employee (death certificate).
2. A judicial act, according to which a citizen is recognized as the dead.
3. The judicial act, according to which a citizen is recognized as missing and after the dead.

The list is closed.

In these papers, the following must be specified:

• data of the deceased: FULL NAME, year and place of birth;
• date and place of death;
• the full name of the institution prepared by the document;
• registration number;
• day of issuance and signature of the head of the department or institution.

Documents can transfer close relatives of the deceased.

You can terminate the contract only with the original document or its notarized copy. If an employed person has no close relatives, the employer has the right to receive evidence itself.

It is impossible to arrange an order without these documents, even if the employer was informed about the death of his employee with close relatives, police officers and hospitals.

Day of termination of contractual obligations is considered the day of the death of a person. The last working day is the day preceding the accident or the day of the accident.

So, for example, if a person died on March 15, the document was issued on March 20, but the relatives passed it a few months later - July 14, then the document that ceases to labor relations, the last date will be indicated on July 14. But the date of the last working day will be March 15.

Similarly, dates are indicated in the order, if the person was recognized as dead or missingly missing. During the day of death will be the day of the cost of legal force by the judicial act. And the last working day will be considered the date of the last visit to the work.

At the date of termination of the contract, the following facts do not affect:

1. The death of the employee who comes when he was on the hospital.
2. The occurrence of lethal outcome during vacation.
3. Merities on a business trip.
4. Cum on weekends or festive day.

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

Registration of dismissal in connection with the death of an employee has many differences from issuing dismissal for other reasons. Since in the second case, the employer will need only the signature of the second side.

The procedure for issuing the cessation of labor relations with a deceased citizen begins with obtaining evidence confirming the fact of death. These documents must be certified. Relatives of the deceased person can provide the Organization of Paper Organization. And employees of the organization must remove copies from them, and assure their own seal.

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

1. Registration of the order. The order must include complete information about the dead face: FULL NAME, a year of birth, a table number, the reason for the cessation of labor relations. The order is not about dismissal, but about 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. To the orders, it is imperative to attach the proof of death: a certificate or judicial act. The order should face the organization and the signature of its leader.
2. The notification of the termination of legal relations is prepared. The notification is prescribed by the date of termination of legal relations (the day of death) and the foundation of the termination of legal relations. Count, in which an employee usually describes, remains empty.
3. After that, the personnel counters information about the employee (the number of spent days spent overtime, information about unused vacation) in accounting, employees who calculate the amount of the charges: vacations, salary for spent days, premiums and other. If the employee had debt obligations to the organization in which he was employed, or before his colleagues, the debt does not pass towards his successors.
4. The corresponding entry is introduced into the card and labor book of the deceased person.

Everywhere where the worker had to sign, an empty graph remains. No one has the right to put signature there.

Even when dismissal by death, the employer should record an employee's employment book. When making data to the employment record, it is advisable to refer to Article 83 of the Labor Code.

After the workbook is filled, it needs to be transferred to the closest.

These include:

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

Transferring the employment record, the employer confirms the fact that he has no complaints about the deceased person and his successors.

Persons who have gained labor should apply to the tax authority and the Russian Pension Fund to obtain the pension savings of the deceased person. After receiving the payment from the Pension Fund, you should return the workbook.

In order for the organization to provide an employment record and other papers of the deceased person, it will be necessary:

1. Write an application addressed to the head of the organization on the provision of securities. In the organization, you can request a sample application or write it in free form. It is desirable to have 2 copies of the statement, since one is sent to the head of the institution, and the second remains from the addressee. On the second instance, employees of the organization must supply a stamp institution with the date of adoption of the application. If the head of the institution does not give an answer or unreasonably refuses the applicant, these papers can be used to appeal to the court.
2. Attach to the application a copy of the proof of the death of the face, a copy of the identity card, a copy of paper proving a related communication, or a notarized copy of the power of attorney to representation.

The application is submitted to the Office of the Organization or Reception.

Documents of the deceased person can be provided immediately or after some time (15 days). When transferring documents, the staff of the organization makes an entry on issuing securities in the journal of accounting. In the place where the worker was supposed to sign, a person was written to whom the papers were issued.

In case a person cannot personally transfer the application to personally or receive an answer, it can send it by mail (sending receipt should be saved). In this case, the application should be written about the absence of the possibility of being personally responsible and ask to provide an answer by sending it to the specified address.

Cash, relying to the deceased person, are transferred to his loved ones. Within 7 days after receiving the evidence confirming the death of the employee, the accountant must calculate the exact amount to be paid.

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

1. Salary for spent time.
2. Vacations if the vacation was not used.
3. Benefit.
4. Raising salary.
5. Remuneration and premiums.
6. Compensation for harmful working conditions, compensation for hours spent over the set working time.

With not providing relatives of the dead relying payments, the employer can be prosecuted. For this, persons whose rights have been violated, to begin with the violator of the pre-trial claim. And if on the period specified in the claim, the person will not list relying payments, then you should go to court.

If the guilt of the citizen will be installed in the death of a citizen, then compensation can be recovered from it in court. The amount of compensation depends on the set of factors: the degree of guilt of the employer, the marital status of the deceased, the presence of dependents, etc. Children remaining without a parent for the fault of the employer, the person who guessed the person should provide to their age (but only if the court's decision has entered into force).

Dismissal in connection with the death of an employee is taxed. The tax is calculated from the employee's salary and is 13%. However, relatives of the deceased person pays the full amount without any deduction. Tax and other payments are paid by the employer.

Nuances of decoration

Not always close to the deceased is noticed by the head of the death of his employee. In this connection, the employer is all the days in which the employee did not appear at work, believes voyage. And in connection with the violation of labor discipline, he has the right to dismiss the employee. However, such an action will be regarded as an offense.

Therefore, before removing the employee, the employer should find out the reasons for its non-appearance, and only then make paper. Otherwise, when dismissing a deceased person, it will be necessary to restore it, cancel the order and make up all the papers anew.

Fire employee need, observing:

• provisions of the TK RF;
• the norms of other regulatory acts regulating labor relations;
• the rights and obligations of each party prescribed in the employment contract.

Violation of the requirements will lead to a person involvement. It is necessary to carry out the procedure of dismissal and make paper, even if the employee died.

To make an order, it will be necessary to get papers confirming the fact of the death of a person: a document issued by the registry office or judicial act. The order indicates the dates specified in the death certificate.

In addition to making an order, you will need to fill out a notification and employment record. These documents are issued to relatives of the deceased citizen, as they will need them to obtain pension savings of the deceased.

In addition to documents, the employer must provide relying payments to relatives of the deceased employee. The amount of payments consists of unpaid wages of the employee, vacation, premiums and remuneration.

In violation of the requirements of the legislation and non-payment of due money, the person will be held accountable.

Sometimes the employment contract is terminated by reasons independent of the employer and employee. One of such reasons is the death of the employee (paragraph 6 of Part 1 of Art. 83 of the Labor Code of the Russian Federation). In this material, we will consider the procedure for termination of the employment contract in connection with the death of the employee.

Employee death: dismissal

As with the dismissal for any other reason, when dismissing in connection with the death of the employee, a corresponding order is published (Art. 84.1 of the Labor Code of the Russian Federation).

A document that serves as a basis for registration of such an order is the evidence of the death of the employee.

Usually the order is published on the same day when this testimony is submitted to the employer. But what date of dismissal in connection with death to indicate in the order?

Date of dismissal due to the death of the employee

The date of dismissal of the deceased employee will be the date of his death indicated in the certificate.

Dismissal officer in connection with death

As a general rule, when dismissing, the employee must familiarize himself with the register with the order of dismissal (Art. 84.1 of the Labor Code of the Russian Federation). But in this situation, the employee himself will not be able to sign, but to mean with the order, for example, the employer should not belong to the deceased employee. Accordingly, on the order on the dismissal on the death of the employee will be the signature of only the employer.

Looking ahead, we note that the signature of relatives will not be needed on other personnel documents (labor book, personal card).

Dismissal of the employee in connection with death: Order (sample)

Dismissal by death: recording in the employment record

In the workbook of the deceased employee, you need to make the following entry:

We draw your attention to the fact that from 11/27/2016 the record of dismissal in the employment record is assigned to the stamp of the employer only if it is presented (the order of the Ministry of Labor of October 31, 2016 No. 589n, the order of the Ministry of Labor of October 31, 2016 No. 588n).

What to do with the working book of the deceased worker

Behind the employee's labor book, who died, can turn the spouse / spouse or someone from his relatives.

Ask a replied copy of the passport, as well as a document confirming marriage / kinship (for example, marriage certificate, birth certificate).

The labor book of the deceased employee can be issued to a spouse / relative, or applied for receiving a request to him by mail with a valuable letter with the description of investment and a notice of delivery.

If no one applied for the employment record, then the employer must keep it 75 years old (paragraph 664 of the list, approved by the Order of the Ministry of Culture of Russia of August 25, 2010 N 558).

How to dismiss the employee in connection with death: personal employee card

In the personal card of the deceased worker (the form of T-2, approved by the State Statistics Committee of the Russian Federation of January 05, 2004 No. 1) it is necessary to record similar to the record in the employment record.

The graph "Signature" in this situation is not filled.

How to dismiss the employee in connection with death: we make payments

Employee due to employee (salary, compensation for unused vacation, etc.) The employer must pay members of the family of the deceased employee or persons who were on his dependency (Art. 141 of the Labor Code of the Russian Federation).

Note that family members include (Art. 2 of the Family Code):

• spouses;
• parents / adoptive parents;
• children, incl. Adopted.

For an appeal to the employer, for obtaining a deceased employee, the amounts of the above faces have 4 months from the date of death of this employee (paragraph 2 of Art. 1183 of the Civil Code of the Russian Federation). And the employer has a week from the day when the family / dependent member presented the necessary documents (Art. 141 of the Labor Code of the Russian Federation). Such documents, in particular, are:

• payment statement;
• applicant passport;
• document confirming the relationship.

If money for payments were removed from the employer's account, no one appealing for them for 5 working days, then they need to be deposited (paragraph 6.5 of the instructions of the Bank of Russia from 11.03.2014 N 3210-y).

What other amounts should pay the employer to relatives of the deceased worker

The collective / employment contract or LNA may provide material assistance to relatives of the deceased worker. Also, the employer can pay material assistance on its own initiative, even if it is not provided for by the above documents.

In addition, relatives who buried the deceased employee at their own expense can refer to the employer for obtaining social benefits for the burial that is paid at the expense of FSS funds.

Payments in connection with the death of the employee: NDFL and insurance premiums

The amounts due to the deceased worker and their relatives paid, NDFL are not subject to (paragraph 18 of Art. 217 of the Tax Code of the Russian Federation). Those. Relatives need to pay the full amount, without deducting from it tax.

In addition, these amounts are not subject to insurance premiums.

As for the material assistance provided to relatives, it is also not subject to insurance premiums. And the NDFL with material assistance is not necessary to hold, provided that it is paid to family members or relatives who lived with the deceased employee (

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Dismissal in connection with death: documentaries

Simple notice that the worker died, not enough for the employer. It is impossible to issue an order about the dismissal due to death, based only on verbal information: words, calls, letters from the relatives of the divergent worker or government representatives. We need official papers, unambiguously confirming the fact of death. We are talking about the following documents, there are only three of them:

• certificate of death received by relatives of the deceased or other interested citizens in the local registry of the registry office;
• declaring the compatriot Dead decision of the judicial instance;
• recognizing the Russian unfortunately disappeared by the decision of the court.

The rest of the paper, for example, medical certificates, can not be a sufficient documentary basis to dismiss the employee in connection with death.

With a certificate of death, everything is quite simple: a person is dying, the doctor constitutes a corresponding medical conclusion, on the basis of which the regulatory regulations arrange a special form on the stamp paper and give it to applicants. Certificate of death on the table. Personnelovikov usually bring and put close to the deceased worm.

Important

Did the deceased was alone? The employer will have to request paper itself confirming the death of the colleague, in the territorial office of the registry office at the place of its last residence permit.

Often and more complex situations when a citizen suddenly ceases to appear at work. The idea of \u200b\u200bhis death first does not occur to anyone. It takes day, week, month, a few months. No one knows where he is and what's with him. The search results do not give. How to dismiss your employee in connection with death in such a situation? Output one: get a document, officially recognizing the death of missing through the court. It is not necessary to count on a quick solution to the problem, since according to law there are certain time deadlines that need to wait to declare the compatriot who left this world forever.

The death of a citizen of the Russian Federation is recognized through the court if:

• law enforcement officers received a statement from his relatives that they do not have any information about their close during twelve months (Article 42 of the GCRF);
• over five years, no one has seen him at any place of permanent residence, nor in registration;
• six months are not known to the fate of Russian, in conditions conjugate with increased risk for life, for example, in the "hot" point, with climbing climbing, etc. (p.1 of Article 45 of the GCRF).

Important

After the court established the death of the missing compatriot and the relevant decision came into force, the stakeholders remain only a month to appeal such a decision (Article 321 of the GPKRF). Later, this period of appeal is not accepted, and the miraculous way the resurrect from the dead will be very difficult to prove to bureaucrats that he is alive.

So far, the "host" has no documentary evidence of the fate of the disappeared worker, the dismissal due to death will be impossible or unlawful. The boss is entitled to temporarily accept the other employee. If death turned out to be a fiction and the missing specialist will appear, and the reasons for its long absence in the workplace will be respectful, "deputy" will have to immediately free the place.

Registration of dismissal depending on the circumstances of death

The circumstances of the death (death) of the employee directly affect the process of termination of the employment contract.

• First, death can catch the worker directly in the workplace, or on a business trip, which is called, "when execution".
• Secondly, death is not excluded and beyond the borders of the working day: on the way to the company, factory or home, on weekends or during serving right vacation.

How to dismiss the deceased employee correctly if it was not attempted? Here the employer does not participate in the investigation of the causes and circumstances of death, this is engaged in the close relatives of the deceased (deceased). They themselves receive a death certificate and bring him to the personnel department of the company, where she worked. The employer remains only to run the standard procedure for termination of labor relations with the late, making the appropriate order with reference to Article 83 of TKDF.

Dismissal on the occasion of the death of an employee who died during work requires a compulsory, pre-conducted investigation. It will establish whether the management of the enterprise in the death of a worker is guilty or, on the contrary, the hard worker is responsible in the accident itself. In addition, death at work can occur due to illness. It will raise the question of why he had contraindications on health workers, however, worked at this place.

Important

The death of an employee who is on a business trip also requires an investigation: during working hours died commoded or in free from official duties? The results of studying the circumstances of death can force the "host" to pay the family of late material compensation.

Documentary formulation of dismissal of death

With any dismissal, the director needs to be disposed of, which indicates the reason for termination of the employment contract. In the case of death, it is important not to be mistaken with the wording. Massay the died, from the point of view of speech semantics, is an incorrect expression. It is impossible to dismiss a dead person. It is also impossible to terminate the labor agreement with the dead man, since transactions are concluded and dissolved only between alive people. Write such expressions in the dismissal disposal or workbook, it means to sign in your own incompetence. Correct Option: Terminate an employment agreement on the circumstances independent of the parties. Or directly indicate this circumstance: because of death.

The date of dismissal in connection with the death of the employee is indicated exactly the same as in paper confirming death. Even if the day of death falls on a day off or a holiday, the labor agreement is terminated by this afternoon. The order dates back to his signing.

The document is based on a unified form T8. As a reason for dismissal, the "death of the employee" indicates and lead a reference to the article TKRF - "Clause 6 of the first article is eighty-third."

In the Count "Document" lead the name, identification of the evidence of the death of the employee. The order is assigned by the owner's personal signature. The printing of the firm is not necessarily fastened.

Death does not allow them to sign in familiarization with the order, so where its facsimile must be located, the personnel worker writes the following: "Find out the order with the order is not possible because of his death," then puts the number, month, year and signed.

Sample order of termination of the employment contract due to death

If the organization does not use unified documents templates, it can develop and its shape for an order similar to the form T8. The main thing is that these are identical to the content of the documents.

The "dismissal" order for death is filled in the same way as when dismissal in his own will. The only differences will be the dates: when terminating the contract at his own request, the day of dismissal and edition of the order coincide, and in the case of death - no.

Dismissal in connection with the death of the employee: Step-by-step instructions

It is impossible simply so, without a mark, to leave among the living: as the moment of appearance in this light, it is documented, issuing a birth certificate and the fact of care to the world is otherwise confirmed by the relevant paper. And the same institution - the registry office, directly "supervising" a regional registration area of \u200b\u200ba citizen.

Only with documentary confirmation of the fact of death of the employee can begin the procedure for his dismissal. Not earlier. It is clear that it can pass for several months or even years until these documents are decorated. However, this will have to accept, temporarily accepting the disappeared employee of another specialist.

The registry office issues certificates of death in a model form approved by the 142nd order of the Russian Ministry of Justice of June 25, 2014. Paper coales, with fake protection. They give it after receiving applicants from either a medical conclusion about the death of a particular person, or a court decision that has entered into legal force officially recognizing his death.

A testimony of death paper is entitled to the employer, and he launches the process of termination of a labor contract, which will allow birth to get money for burial and relying upon the dismissal of the amount.

Everything is much more difficult when a person disappears and does not appear anywhere for a long time. It's very bad when it's some kind of looking for: missing alone, notice, no one except the employer is not interesting. Here, the leader should show the initiative himself by writing an application to the court at the place of its actual location about the recognition of an employee who does not come to contact for twelve months, missingly missing. Otherwise, you will have to wait for a whole five years when, by law, a disappeared citizen is automatically recognized as dead.

There is no guarantee that after recognition by the court of death of a compatriot, he will not appear alive and healthy. Indeed, often the decision of the judges is taken only on the basis of the expiration of the period when the missing can still be considered alive by law. If the "dead man" wonderfully comes to life, he will be restored in civil and other rights. The employer will have to cancel the dismissal and accept the risen to his former workplace. Is it already occupied by another specialist? The 83th article by the second paragraph allows him to specify the door.

Standard dismissal scheme for death

When the death of the employee comes, the decoration of dismissal occurs according to the standard scheme. She looks like this:

1. Close dead to the company's employer about the death of his employee. Written or oral, notice of a sad event must be accompanied by documentary confirmation of the death of a person. Employees of the personnel department make a copy of the purchased papers and begin to compile an order, on the basis of which they will conduct dismissal.
2. The order indicates information about the identity of the deceased, sometimes fit his number on the tablel. Be sure to call the reason why dismissed. A copy of death certificate is applied to the orders.
3. Then fill the notification of the dismissal, the date of which they put the day of death specified in the certificate of death or the court decision. Indicate the details of this document. A string in which under normal circumstances fired opens, leave empty.
4. The compiled order is given to the head for signing and assigning the seal. The document record is bend to the registration log. The order will be stored in the archive of the organization for five years, after which it is disposed of.
5. Next is issued a settlement certificate. It is filled with two: the personnel and accountant. The first indicates the Company's details, data on walking leave, personal information about the mustache and how much time he actually worked at this enterprise. The accountant for its part calculates relying payments, focusing on the information included in the certificate of personnel.
6. Then cover the personal card of the worker contribution to it on the fourth page record about the termination of the employment agreement due to the death of the employee. In addition, no other information is added.
   The order for dismissal due to death is necessarily recorded in the journal of accounting published orders, put the current date. This order will be stored for five years.
7. Fill the work record about the termination of the contract with the employee due to his death. Signs either the head itself, or an employee of the personnel department authorized to commit such actions. Put a round print company.
8. Another record about the disposal of the employee is introduced into the account. The completed work is transmitted by close-up colleagues. They will have to be included in receipt.

Dismissal in connection with the death of an employee on vacation

It happens, employees die during the next vacation. This circumstance does not affect the dismissal procedure: it is carried out according to the standard algorithm, starting with the provision of death certificate in the personnel department. The date of termination of labor relations in the same way as in the case of death under other circumstances, the number specified in the death certificate is considered.

Registration of labor when dismissal by death

As soon as the corresponding order is published, the personnel department closes the personal card of the deceased and fits the fact of termination of the contract, without any abbreviations, in its labor.

In the first column, the sequence number of the record is introduced. In the second fit the date of death. The third write one of the following phrases, depending on which paper is confirmed by the death of the worker:

In the fourth column, the details and the date of signing the order are placed. Build changes made by signature and printing of the company. To acquaint the birth of the deceased with the record in his work is not required.

Representatives of close relatives (usually this is a legitimate spouse, mother, father, son or daughter), coming for the labor deceased, should show a certificate of identity or other paper proving their related affiliation. Otherwise, they will simply not give up the book.

The fact of issuing labor is fixed in the book of accounting for the movement of labor, the person who received it is painted. If no one appeared for labor, she was postponed for storage, which according to the law it will be too fifty years.

Those who do not consider the labor of some value and is in no hurry to take it, it is worth recalling that this paper will allow to get a part of the accumulative retirement of the worker. If the size of the salary and the experience of him was impressive, then the money from the accumulative retirement account can be decent. Therefore, you should not leave labor in personnel.

To obtain a labor "burnt" of the compatriot, his close should write a corresponding statement, bring paper confirming the fact of death, their civil passport and a document that dispels doubts about the relationship with the departed. The frames makes copies of these documents and make them to the personal case of the deceased.

Rodin lives in the village of another, remote region and can not afford to appear personally for the labor deceased? Everything is solved: you need to write an appropriate request to the firm address, attach a copy of documents to it. Personnels will send a job by registered mail if the papers sent by copies is all right. With this method of delivery to the booking book, instead of the recipient signature, the receipt number for a letter issued by mail is made.

Personnelists should not wait until the nearest relatives will remember the forgotten labor deceased. The organization itself is interested in the speedy transfer of the document, since after that it can not be accused of a delay in the issuance of a book after the termination of the employment contract due to death. Therefore, personnel employees send a letter to members of the family who left this world of worker with a proposal to appear and pick up the labor personally, or agree to deliver it by mail.

Payments for termination of the contract by death

After reading the text of the declaration of dismissal, employees of accounting counts the size of the relying "dismissed" on the death of compensation payments. The money of these families can conveyed can be transferred within four months with the duty of his death. This is order. The time has expired, and no one appealing for money? Tools are transferred to the hereditary mass of the deceased. The "burnt at work" of the Stakhanovna heirs no? Money will remain on the accounts of the company.

Who is entitled to count on payments after the death of the worker? Russians, founded by the Family Code to close relatives, as well as dependents, whom it contained the deceased. The whole amount will get that one who will turn first. At the same time, several heirs turned? Personnelians can offer them to solve the issue on whose name to make pay, lovely or, if the productive dialogue does not work, turn to the judge. But for its part, the head must pay with representatives of the deceased worker within seven days from the date of receipt of the statements from them.

What relies the deceased family? The same payments as in the case of termination of the employment contract for other reasons. This is about:

• salary debts (salary that the deceased earned, but did not have time to get);
• payment by sick leaves (if such were not paid timely);
• premium and premium;
• compensation for a non-reliable vacation.

In addition to standard payments, management can issue material assistance or compensation for the funeral of a death of a person from a row of a specialist.

What are the features of accrual of payments when dismissing by death?

The salary

The accountant will calculate the salary since the past accrual before the day, which worker did not. No one will pay for death to death, even if the heart attack, the worker's life, which happened, happened at the end of the shift, and the day was actually worked out. The salary amount will include all well-deservedly allowance and premium.

Debt on vacation

The company is obliged to compensate for representatives of the departed vacation days, which he did not have time to walk. If the death of the worker laid on a short-term leisure, then the holidays received by him, return to the company's cashier do not need.

Payment on the hospital newsletter

The hospital sheets presented in the accounting department are payable. Death took the worker while he was treated in medical institution? Bulletin will close the day of death. But the day of death is paid, as in the case of a salary, will not.

Handbook on the funeral

The expenses for the burial of the employee, the death "knocked", carry it close. The organization only partially compensates these costs. It will be necessary to bring checks and bills exposed to the funeral bureau. To do this, it is not necessary to be a relative: who brought the checks, thereby confirming its material costs for the funeral, this accounting and will pay. Since the beginning of February 2018, this amount has grown up to five thousand seven hundred forty rubles.

Material assistance in the death of worker

The local acts of the organization often provide for lump-sum cash benefits to the nearest relatives as compensation for the death of the breadwinner. However, even if there are no such points in the documentation, the head can pay for humanity considerations. With such benefits, even the state accustomed to the thread for any reason does not charge taxes or insurance (paragraph 8 of Article 277, under 3 p. 1 Article 422 of the NKRF).

There is a nuance if monetary compensation for the death of a relative receives a brother or sister of the dead man. The novels of the Family Code of the Russian Federation directly do not count brothers and sisters to members of one family (Article 2 of the SCRF). This means that with the means transferred to them quite legitimate will keep income. However, the Ministry of Finance of the Russian Federation clarified this situation by the official letter of November 14, 2012 per room 03-04-06 / 4-318. WHERE it is said that if the late and his brother either sister led the overall farming, lived on one territory, the NDFL with material compensation for death paid by the employer is not deducted.

Inheritance employee after death

Paying money due to death, the accountant must take into account the requirements of not only labor, but also of hereditary right. TKRF talks about the need to pay, but the timing is silent. But directly indicates that the "posthumous" amounts paid to dependents close to the deceased, should be transferred to them for four months. The term is counted from the date of the opening of the inheritance, or the dates of death recorded in the relevant documents. If one hundred and twenty days no one claimed this amount, it automatically becomes part of the hereditary mass and will be distributed by law, in accordance with it defined by it.

Do I need to pay taxes with payments on a deceased employee?

The answer to this question is definitely given by the eighteenth paragraph 217th of the NKRF article: out of money paid by the death of the worker of his relatives and dependents, taxes and insurance premiums are not held. This is quite logical, because tax and other deductions must be divided from the state treasury only a living compatriot. Dead medical and social insurance, as well as a pension without need.
Do not fall under the taxation and material compensation to the family of the departed from the life, which the head can do, both on the requirements of the requirements prescribed in local acts of the company and from ordinary person.

Common mistakes when dismissal by death

• Incorrectly determine the date. Despite the fact that the legislation has unequivocal instructions on this score, the personnel robes are often hampered with what date to install in the order (the sample can be downloaded in the basement of the article) and the employment record. For example, often they enter the number, month, the year of the last working day, especially when the Stakhanovets died the next day. It is impossible to do such mistakes, because in fact, the person makes a list of the dead when he was still alive, dismissing the living in the "dead" article. This may cause problems when determining the amount of insurance premiums and the "funeral" compensation. Therefore, the dead man is fired exclusively during the day when his death was officially established by a specialist and documented. This date is taken from the certificate of death or a court decision on the disappearance of the compatriot without any recognition of his deceased. In the latter case, the exact date of death may not be installed. Then in the order and labor should be indicated by the day when this decision comes into force.
• Dismissed without a document confirming death.There are cases when the employment agreement is terminated according to the "dead" sixth paragraph 83 of the TKRF article, when there are no official documents on death. The law prohibits issuing a dismissal order until a certificate of death of an employee or a court decision on recognition of his deceased will appear in the personnel department of the enterprise. Even if the employee died on the hands of the "host", this is not a reason to dismiss. First, documents confirming death, then the troubles with the termination of the contract.
• Write to "dismiss." In personnel departments, noble diplomas are often sitting, which is not worth dismissing the dead man. It is clear that the hand is already naked on this word, because with the dead have to deal much less often than with alive. However, when working with documents, it should be extremely attentive: only alive is allowed to fire, with the deceased, the work agreement is terminated. Point.
• Speakerness solutions.The leaders who are accustomed to chop from the shoulder often fall into the situation when they are fired for the absenteeism of the deceased worker. The relatives of the deceased can not always immediately notify the "host" about the death of his employee and bring a document confirming the death. The personnel, without finding out all the circumstances, put absenteeism and when they accumulate them in sufficient quantities, dismissed the trash in absentia. What violate the civil rights of the employee and risk running into an impressive penalty, if the relatives of the deceased challenge such unlawful dismissal. This is the case when rushing is more expensive.

Questions and answers

How to act if the death of the employee comes during the next paid vacation?

When it comes to the dismissal of the compatriot who is on vacation, according to his desire, then accounting renovates all relying vacation payments. She will take into account all days of vacation, flowing and remaining. Such will be kept with the final calculation with the ledge. In the case of death during vacation, no recalculation will not be done. Even if we are talking about a significant amount of money. After all, a man, speaking figuratively, dismissed death, and not he asked himself about it.

Actions of personnel, when death takes place on a hospital worker?

The bulletin is closed by the day of the worker's death. It is indicated in the documents officially establishing the date of death. Hospital in accounting brings relatives of the deceased worker who receive labor and money, relying on dismissal.

What does the leaders do if death occurred during the working day?

Death behind the machine, on the conveyor and other workplaces, is always an emergency that must be investigated. The leadership should immediately create a commission that will clarify all the nuances of what happened. The disposal of the termination of the contract with the dead can be made, without waiting for the end of the investigation. Moreover, in such cases, the death certificate required for the dismissal order is incorporated to the personnel fairly quickly, and the work of the Commission can delay for a long time.

How to act if death happened to an employee burdened by material debts before the company?

Death occurred with an employee who inflicted damage to them at one time, or a loan decorated through the employer? As you know, with the death of a person, his debts do not evaporate, but they go to his heirs. Therefore, with the final calculation of the Accounting, the unpaid dead sum out of money, relying on dismissal. Usually this amount is not enough to fully settle on loan or other obligations. Then the company's director appeals to the forced recovery of funds from the heirs of the deceased through the court.

Conclusion

Terminating the contract with the employee due to the death of the latter, management complies with the usual procedure provided for for dismissal on the circumstances independent of the will. The only difference is that to sign in the order, labor and other documents fired, on objective reasons, can not. Relatives who come for papers and the calculation are written only in obtaining an employment record. No taxes and insurance deductions such payments are not burdened. However, the heirs of the deceased are worth knowing that in addition to money, they can inherit his debts to the organization where he worked.

Sample documents

Order of dismissal due to death.

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